Category Regional Fora

The New Copyright Directive: A tour d’horizon – Part I

On 17 May 2019 the official version of the new Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market was published in the Official Journal of the EU (CDSM Directive). This marks the end of a controversial legislative process at EU level. It also marks the beginning of what will surely be a contentious process of national implementation. Indeed, the Polish government has already filed an action for annulment under Art. 263 TFEU, apparently focusing on the most problematic aspects of Article 17.

Concern Grows Over Spread of EU Copyright Filtering Rules

Earlier this year, the EU passed a sweeping new copyright directive that includes new requirements that Internet platforms filter social media uploads for potential copyright violations. Some creator groups – especially in the music sector – have been applauding the law and proposing that it be adopted elsewhere. But a growing number of copyright experts from around the world have begun preaching caution. `

A Shared Digital Europe

[Keynote address to the 2019 CC Summit] ... A Shared Digital Europe is our vision of a digital space that facilitates diversity, empowers communities and favours an overall people-centric and public-interest approach to technology development and innovation.

Global Discussions on Exceptions and Limitations to Copyright for Libraries Continue

[International Federation of Library Associations] It’s time to look back at a of week global discussions on copyright at the World Intellectual Property Organisation (WIPO). There were useful new reports and materials, signs of consensus on all sides that exceptions and limitations are an essential part of the copyright framework, and further proof that action is needed to allow libraries to work across borders.

Bermuda Triangle – Licensing, Filtering and Privileging User-Generated Content Under the New Directive on Copyright in the Digital Single Market

[Martin Senftleben] Abstract: The new EU Directive on Copyright in the Digital Single Market creates a peculiar triangle of obligations to license, filter and privilege user-generated content (UGC). As it abolishes the traditional safe harbour for hosting in the case of copyrighted content, it may lead to the disappearance of the open, participative internet which EU citizens currently enjoy. To avoid the loss of open, democratic avenues for online content creation, national lawmakers will have to find the right amalgam of licensing and filtering obligations on the one hand, and new use privileges that offer room for user-generated content without prior authorization on the other.

The New Copyright Directive Is a Lost Opportunity for Europe – And Shows Lack of Respect for User Rights

[Communia Association] The Directive is the most important European regulation of the digital sphere in the last several years. It will define the shape of copyright in Europe for years to come — and have spillover effects for regulation around the globe. We believe that the approved directive will not meet the goal of providing a modern framework that balances the interests of rightsholder and users, protects human rights and enables creativity and innovation to flourish. Instead, it is a biased regulation that supports one business sector, at the cost of European citizens.

EU COPYRIGHT REFORM SHOWS NEED FOR GLOBAL REFORM

[Teresa Hackett] ... a closer look at European copyright legislation, including the Directive adopted by the European Parliament on 26 March 2019, demonstrates that both blocs clearly recognize the inadequacy of the current international framework to address barriers created by national copyrights for cross-border activities by educational and cultural heritage institutions. And they have addressed the problem through the adoption of pan-European legislation. In other words, European copyright reforms demonstrate the need for global copyright reform.

Say YES to Copyright and NO to Article 13

[Communia Association] Earlier today, on the eve of tomorrow’s vote, we distributed 750 copies a journal titled “Say YES to copyright and NO to Article 13” to the offices of the MEPs in Strasbourg. This is part of a last ditch effort by civil society organisations to prevent MEPs from approving a new copyright directive that includes the disastrous Article 13. You can download our journal here (pdf) and we are re-publishing the text of the editorial below.

A Final X-Ray of Article 13: Legislative Wishful Thinking that Will Hurt User Rights

[Communia Association] The final version of Article 13 continues to be so problematic that as long as it remains part of the overall package, the directive as a whole will do more harm than good. This is recognised by an increasing number of MEPs who are pledging that they will vote against Article 13 at the final plenary vote. The flowchart below illustrates the main operative elements of Article 13. These include the definition of the affected services, the types of services that are explicitly excluded from its scope (the green box in the top right corner) and the reversal of the liability rules for the services covered by Article 13.