Day February 17, 2019

The Text of Article 13 and the EU Copyright Directive Has Just Been Finalised

[Julia Reda, MEP] In the evening of February 13, negotiators from the European Parliament and the Council concluded the trilogue negotiations with a final text for the new EU Copyright Directive. For two years we’ve debated different drafts and versions of the controversial Articles 11 and 13. Now, there is no more ambiguity: This law will fundamentally change the internet as we know it – if it is adopted in the upcoming final vote. But we can still prevent that!

AG Szpunar on Copyright’s Relation to Fundamental Rights: One Step Forward and Two Steps Back?

[Daniel Jongsma] Abstract: This paper discusses three recent Opinions by Advocate General Szpunar of the CJEU, all touching upon the relationship between copyright and fundamental rights. It discusses several problematic elements in the AG’s approach. In dealing with questions regarding the scope of the reproduction right and the quotation exception, his over-reliance on textual arguments leads to expansive copyright protection. The arguable negative impact this has on the fundamental rights of others, and with it the question whether this interpretation strikes a “fair balance”, is largely ignored. Regarding the question whether fundamental rights can act as external constraints on copyright, the AG ultimately fails to develop a coherent framework suitable for use in future cases.