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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*


       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.

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