We have reported a couple of times on the efforts by the European Union to modernize EU copyright law and make it fit for the digital age. Now, it is almost one and half years ago that the Commission presented its first draft for a copyright directive. Since its publication there has been a great debate about the direction of the reform. This is not surprising given the explosiveness and the substantial range of the topic. Copyright affects everyone – starting from the authors (artists, performers, photographers etc.), to publishers as well as production and media companies through to online platforms and search engines and last but not least the “normal” internet user. The EU’s aim to create a fair digital market place for copyright protected works can therefore be considered as highly challenging. A very important step towards the realisation of the goal is expected to be made soon: it’s estimated that the Committee on Legal Affairs (JURI) for the European Parliament will debate and vote on the Parliament’s final position on 27 March 2018.
Where We Come From
On 14 September 2016, the European Commission presented the long awaited initial draft for a new directive on copyright in the Digital Single Market (COM(2016)593). The draft was published in the context of the large scaled Strategy for a Digital Single Market (for more information gathered by our DSM Watch team, click here).
Since the publication, there have been many different voices, some welcoming and some opposing the Commission´s proposal. The initial draft covers provisions to introduce new copyright exceptions (e.g. for the limited use of works for text and data mining), rules on out-of-commerce works and the fair remuneration of authors and performers. The ‘big issue’ items, however, are the introduction of a neighbouring right for press publishers (Article 11) and new monitoring obligations for online service provider (Article 13). Furthermore, the participation of publishers in the revenue generated by collective rights management and a negotiation mechanism in the area of audiovisual media are discussed controversially.
Upcoming Vote by JURI & the Parliament Continue Reading