Oct 182017
 

Christophe Geiger, Giancarlo Frosio, Oleksandr Bulayenko

The European Commission’s planned copyright reform proposes to adapt EU law to the challenges emerging in the Digital Single Market (DSM).[1] In particular, new mandatory exceptions and limitations should contribute to improving the creative ecosystem in the digital environment. This CEIPI Opinion does support the plan to develop a—much needed—strategy to take copyright into the 21st century and make it functional to the DSM, especially by addressing important needs with regard to access to copyrighted works in order to boost creativity and innovation, promoting cumulative research and sharing of knowledge-based resources. CEIPI moreover fully endorses the goal of the proposal of lowering barriers to research and innovation in the EU DSM; however, in order to address these issues in a satisfying manner, this opinion strongly suggests an expansion of the reform’s scope. In particular, Continue reading »

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Oct 112017
 

[Teresa Nobre, Communia Association, Link (CC-0)] The European Union is currently discussing a reform of its copyright system, including making mandatory certain copyright exceptions, in order to introduce a balance into the system. However, no one, except Julia Reda, is paying any attention to one of the biggest obstacles to the enforcement of copyright exceptions in the digital age: technological protection measures (TPM), including digital rights management (DRM). In this blogpost we will present the reasons why the European Parliament should not lose this opportunity to discuss a reform of the EU anti-circumvention rules. Continue reading »

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Modernisation of the EU Copyright Rules Position Statement of the Max Planck Institute for Innovation and Competition

 Posted by on September 25, 2017  Comments Off on Modernisation of the EU Copyright Rules Position Statement of the Max Planck Institute for Innovation and Competition
Sep 252017
 

[Reto Hilty and Valentina Moscon] On 14 September 2016 the European Commission published a package of proposals aimed at the modernisation of copyright within the digital single market.  This copyright package is of particular interest to the Max Planck Institute for Innovation and Competition, which has been committed since its founding in 1966 to the analysis and development of intellectual property and competition law on the basis of established scientific principles. Continue reading »

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Sep 182017
 

SPARC Europe, Link (CC-BY)

SPARC Europe is leading and collaborating with an international coalition in an effort to halt the adoption of harmful provisions found in the current draft of the Directive on Copyright in the Digital Single Market, and certain amendments, which could threaten Open Access and Open Science.

The coalition has written an open letter directed at the EU’s Legal Affairs Committee, which was delivered 6th September. In the letter, we urge for the removal of proposals that would restrict access to research and place administrative and legal burdens on institutional repositories. We also request improvements on proposals related to text and data mining, copyright in an education setting, and preservation and access to works for non-commercial endeavors.   Continue reading »

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Sep 052017
 

[Commons Network, Link (CC-BY)] In early October, the European Parliament’s Legal Affairs Committee will vote on the Digital Single Market copyright legislation. Here we would like to express our alarm at the direction EU copyright legislation is taking. We are profoundly concerned that a number of proposals, including Article 11 and Article 13, will mean disproportionate restrictions on the fundamental right of freedom of information as well as the creation of new and costly barriers and administrative burdens for adopted EU policies mandating open access, open education and open science. Continue reading »

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Legal Affairs Should Ignore CULT’s Retrograde Changes to Text- and Data-Mining Exception

 Posted by on August 29, 2017  Comments Off on Legal Affairs Should Ignore CULT’s Retrograde Changes to Text- and Data-Mining Exception
Aug 292017
 

[Timothy Vollmer, Communia Assocation, Link (CC-0)] Summer is nearly over, and the European Parliament Committee on Culture and Education (CULT) has published their final opinion on the draft Directive on Copyright in the Digital Single Market. The opinion comes following the committee vote on 11 July.  We were hopeful that CULT could deliver some helpful (and much needed) changes to the Commission’s proposal, including broadening the education exception, permitting cultural heritage institutions to share their collections online, deleting the dangerous press publishers right, and opposing upload filters for online platforms. Regarding text and data mining (TDM), we wished for CULT to push for expanding the exception so TDM could be conducted by anyone, for any purpose. Instead, CULT has doubled down on their backward approach to Article 3. Continue reading »

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Jul 212017
 

[Alek Tarkowski and Teresa Nobre, Communia Association, Link (CC-0)] Last week, the Committee on Culture and Education (CULT) of the European Parliament voted on its final opinion concerning the Commission’s Directive on Copyright in the Digital Single Market. Copyright law in the shape proposed by the CULT MEPs would spell disaster for educators and educational institutions across Europe. Continue reading »

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Should Copyright Law Deny Creators the right to Share Freely? Let the Authors Choose.

 Posted by on July 20, 2017  Comments Off on Should Copyright Law Deny Creators the right to Share Freely? Let the Authors Choose.
Jul 202017
 

Imposing a mandatory and unwaivable compensation scheme violates the letter and spirit of open licensing.

[Timothy Vollmer, Creative Commons, Link (CC-BY)] Copyright policymakers in Europe and South America have proposed legislation that would impose an unwaivable right to financial remuneration for authors and performers on copyrighted works. The laws attempt to ensure that creators receive payment for their work, but they would interfere with the operation of Creative Commons licensing by adding a special and separate economic right above and beyond the intention of some authors who wish to share their creative works with the world for free. Continue reading »

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Five Easy Ways for CULT MEPs to Help Fixing EU Copyright

 Posted by on July 10, 2017  Comments Off on Five Easy Ways for CULT MEPs to Help Fixing EU Copyright
Jul 102017
 

[Communia Association, Link (CC-0)] Tomorrow the Members of the Culture and Education Committee of the European Parliament (CULT) will vote on their position on the proposal on Copyright in the Digital Single Market directive. This will be the second vote in the European parliament after last month’s vote in the IMCO committee. While the CULT committee is nominally responsible for Culture and Education it seems rather likely that tomorrow’s vote will result in an one sided opinion that would  support the key elements of the flawed directive, making them worse in many areas. Below is a quick rundown of what is on the table during tomorrow’s vote. We have listed  voting recommendations for CULT MEPs interested in enacting real copyright reform that will foster Europe’s cultural and educational sectors: Continue reading »

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Open Letter: Copyright Reform Proposal Is Fundamentally Broken and Won’t Make Europe More Competitive

 Posted by on May 30, 2017  Comments Off on Open Letter: Copyright Reform Proposal Is Fundamentally Broken and Won’t Make Europe More Competitive
May 302017
 

[Paul Keller, Communia Association, Link (CC-0)] Yesterday we sent an open letter on copyright reform to the EU Member State ministers attending the Competitiveness Council. We have done so together with more than 60 other civil society and trade associations – representing publishers, libraries, scientific and research institutions, consumers, digital rights groups, start-ups, technology businesses, educational institutions and creator representatives.

The letter reflects our growing concern over the fact that the EU is wasting the long overdue opportunity to reform its outdated copyright framework. And that we are missing a chance to make it fit for purpose in the digital environment. At the root of the problem is the Commission’s backward looking proposal for a copyright in the digital single market directive that was presented in September of last year. Continue reading »

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The Introduction of a Neighbouring Right for Press Publisher at EU Level: The Unneeded (and Unwanted) Reform

 Posted by on April 24, 2017  Comments Off on The Introduction of a Neighbouring Right for Press Publisher at EU Level: The Unneeded (and Unwanted) Reform
Apr 242017
 

Authors: Christophe Geiger, Oleksandr Bulayenko, and Giancarlo F. Frosio

Abstract: This article discusses the proposed introduction in EU law of neighbouring rights for press publishers for the digital uses of their publications. This proposal is included in the European Commission’s Draft Directive on copyright in the Digital Single Market of 14 September 2016, which forms an important part of the ongoing reform of copyright at EU level. This article highlights the challenges for the Digital Single Market associated with the establishment of an additional layer of 28 national rights and their related exceptions and limitations. By reference to the “pie theory”, it also shows how this proposal risks redistributing resources from creators to publishers. Continue reading »

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Mar 312017
 

Photo: Javler Micora (CC-BY)

Natalia Mileszyk, Communia Association, Link (CC-0)

One might think that the debate on the ancillary copyright for press publishers is over – both  JURI Rapporteur  MEP Therese Comodini Cachia and IMCO Rapporteur Catherine Stihler rejected the Commission’s proposal to  provide publishers with a competitive advantage by using copyright legislation. Unfortunately, even with such progressive voices, the misconceptions about the ancillary copyright were still visible even during last weeks  Legal Affairs Committee hearing , where MEPs seemed not to understand that aggregators help news outlets gain a larger audience. And the debate in media on this issue was never more heated and polarized. Continue reading »

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