However, the personal rights of those affected must also be respected. For example, a crude parody may be permissible under copyright law, but at the same time may constitute a criminal offense and result in compensation for damages.
upload filters and automatic blocking of content
The 2021 copyright reform was feared primarily under the slogan “upload filters”. Rightly so?
From the users' point of view, this fear of restrictions chinese america data through so-called "upload filters" is certainly correct. This is because the legislature has practically abolished the previous liability privilege of large video, image and social media platforms for user-generated content to the detriment of the platforms and users.
Previously, YouTube, for example, was only liable for any copyright infringements by uploaders once they were aware of the illegality. Now, under a new "Copyright Service Provider Act" (UrhDaG), the platforms are obliged to make "the best possible" efforts to prevent copyright infringements by uploaders (Section 7).
In practice, this means that rights holders first provide their content to the platforms for comparison purposes. When users then upload a video, the platform must check whether the rights holders' content is included in the video and whether its inclusion does not constitute a copyright infringement.
This means that even if many politicians and representatives of rights holders do not like the term “upload filter”, this technology can certainly be described as such in terms of how it works.
But conversely, up to 15 seconds of someone else's music or video can now be used?
The new 15-second rule may sound like permission to use, but it is actually just a rebuttable presumption in favor of the creators. The system works as follows:
Users may include third-party content (e.g. images, music or excerpts from third-party videos) in their works if this is permitted by law. Such permission may exist, for example, in the case of a quotation or a parody.