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Copyright in the digital single market

14-06-2019

The European Commission presented a legislative package for the modernisation of the EU copyright rules, including a new directive on copyright in the digital single market, on 14 September 2016. Stakeholders and academics were strongly divided on the proposal. In February 2019, after more than two years of protracted negotiations, the co-legislators agreed on a new set of copyright rules, including two controversial provisions: 1) the creation of a new right that will allow press publishers to claim ...

The European Commission presented a legislative package for the modernisation of the EU copyright rules, including a new directive on copyright in the digital single market, on 14 September 2016. Stakeholders and academics were strongly divided on the proposal. In February 2019, after more than two years of protracted negotiations, the co-legislators agreed on a new set of copyright rules, including two controversial provisions: 1) the creation of a new right that will allow press publishers to claim remuneration for the online use of their publications (Article 15), and 2) the imposition of content monitoring measures on online platforms such as YouTube, which seeks to resolve the 'value gap' and help rights-holders to better monetise and control the distribution of their content online (Article 17). Furthermore, in addition to the mandatory exception for text and data mining for research purposes proposed by the Commission in its proposal, the co legislators agreed to enshrine in EU law another mandatory exception for general text and data mining (Article 4) in order to contribute to the development of data analytics and artificial intelligence. The European Parliament (in plenary) and the Council approved the compromise text in March 2019 and in April 2019 respectively. The directive was published on 15 May 2019 in the Official Journal of the European Union, and all Member States must transpose the new rules into their national law by June 2021. Fifth edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Legal analysis with focus on Article 11 of the proposed Directive on Copyright in the Digital Market

07-12-2017

The briefing paper gives a brief introductory presentation of the provisions of the copyright proposal COM (2016)593 concerning the creation of new rights for press publishers to protect their press publications under EU law. It also discusses the reasoning behind the creation of new rights for press publishers to ensure a fair remuneration and sheds light on the definitions "press publishers" and "press publications" and the scope of the protection as well as the effects of the proposed directive ...

The briefing paper gives a brief introductory presentation of the provisions of the copyright proposal COM (2016)593 concerning the creation of new rights for press publishers to protect their press publications under EU law. It also discusses the reasoning behind the creation of new rights for press publishers to ensure a fair remuneration and sheds light on the definitions "press publishers" and "press publications" and the scope of the protection as well as the effects of the proposed directive.

How blockchain technology could change our lives

20-02-2017

Blockchain technology is of increasing interest to citizens, businesses and legislators across the European Union. This report is aimed at providing a point of entry for those curious about blockchain technology, so as to stimulate interest and provoke discussion around its potential impact. A general introduction is followed by a closer look at eight areas in which blockchain has been described as having a substantial potential impact. For each of these, an explanation is given of how the technology ...

Blockchain technology is of increasing interest to citizens, businesses and legislators across the European Union. This report is aimed at providing a point of entry for those curious about blockchain technology, so as to stimulate interest and provoke discussion around its potential impact. A general introduction is followed by a closer look at eight areas in which blockchain has been described as having a substantial potential impact. For each of these, an explanation is given of how the technology could be developed in that particular area, the possible impacts this development might have, and what potential policy issues are to be anticipated.

Modernisation of EU copyright rules: Initial Appraisal of a European Commission Impact Assessment

21-12-2016

The IA clearly defines the underlying problems and the objectives of the proposed initiatives. It relies on various recent external studies, reviews and evaluations. The Commission consulted widely and the IA appears to have analysed a broad range of options and their impacts on all relevant stakeholders. However, the IA, which is very dense, is based on limited quantitative data, which the Commission openly acknowledges. It would also perhaps have benefited from a more detailed assessment of social ...

The IA clearly defines the underlying problems and the objectives of the proposed initiatives. It relies on various recent external studies, reviews and evaluations. The Commission consulted widely and the IA appears to have analysed a broad range of options and their impacts on all relevant stakeholders. However, the IA, which is very dense, is based on limited quantitative data, which the Commission openly acknowledges. It would also perhaps have benefited from a more detailed assessment of social impacts and impacts on fundamental rights. Moreover, with regard to the third general objective of achieving a well-functioning marketplace for copyright, it would seem that some specific issues were not addressed: concerning the use of right holders' content by online services, it appears the Commission changed its preferred option following the issuing of the RSB opinion, since a negotiation obligation is no longer included in the final IA. The IA could also have given more guidance on the coherence of the proposed acts with the E-Commerce Directive. Finally, concerning rights in (press) publications, it would have been useful if the IA had provided more thorough reasoning regarding the new ancillary right.

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