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22 Vand. J. Ent. & Tech. L. 323 (2019-2020)
The Price of Closing the Value Gap: How the Music Industry Hacked EU Copyright Reform

handle is hein.journals/vanep22 and id is 323 raw text is: The Price of Closing the Value Gap: How the Music Industry Hacked EU Copyright Reform Annemarie Bridy* ABSTRACT Sweeping changes are coming to copyright law in the European Union. Following four years of negotiations, the European Parliament in April 2019 approved the final text of the Digital Single Market (DSM) Directive. The new directive contains provisions for enhancing cross-border access to content available through digital subscription services, enabling new uses of copyrighted works for education and research, and, most controversially, clarifying the role of online services in the distribution of copyrighted works. Article 17 of the DSM Directive is directed to the last of these goals. It was designed to address the so-called value gap-the music industry's longstanding complaint that YouTube underpays music rights holders for streams of user-uploaded videos containing claimed copyrighted content. The text of the DSM Directive nowhere mentions YouTube, but anyone versed in the political economy of digital copyright knows that Article 17 was designed specifically to make YouTube pay. The important question in the wake of Article 17's adoption is who else will pay-and in what ways. Allan G. Shepard Professor of Law, University of Idaho College of Law; Affiliate Scholar, Stanford Center for Internet and Society; Affiliated Fellow, Yale Information Society Project. Different iterations of this Article were presented at the 2019 Internet Law Works in Progress Conference at Santa Clara Law; the Loyola Chicago International Law Review 2019 Symposium, Regulating Internet Content in the United States and Europe: A Comparative Approach; the Vanderbilt Journal of Entertainment & Technology Law 2019 Symposium, Regulating the Unregulatable: Perspectives on Governance of Technological Advancements; and IPSC 2019. The Author would like to thank the student organizers of both symposia; the diligent, patient editors at JETLaw; and the many colleagues who provided valuable feedback as the project took shape. After this Article was submitted for publication, the Author joined the in-house legal team at Google. The views expressed herein are the Author's personal views and should in no way be attributed to Google. No part of this project was funded directly or indirectly by Google, Alphabet, or any related entity. 323

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