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Copyright in the digital single market

22-03-2019

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 have been 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 ...

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 have been 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 11), 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 13). 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 3a) in order to contribute to the development of data analytics and artificial intelligence. In February 2019, Coreper endorsed the compromise text on behalf of the Member States, and the Legal Affairs Committee (JURI) approved it. The political agreement must now be voted in plenary by the European Parliament and formally adopted by the Council to finalise the legislative procedure. Fourth edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

The Exception for Text and Data Mining (TDM) in the Proposed Directive on Copyright in the Digital Single Market - Technical Aspects

15-02-2018

In an increasingly data-driven and information-rich socio-economic context, the potential of predictive text and data mining (TDM, sometimes also referred to as text and data analysis) lies in particular in facilitating the processing, recombining, and extraction of further knowledge from large amounts of data and text, thus allowing the identification of patterns and associations between seemingly unrelated pieces of information. To place things in context, according to an IBM marketing study, ...

In an increasingly data-driven and information-rich socio-economic context, the potential of predictive text and data mining (TDM, sometimes also referred to as text and data analysis) lies in particular in facilitating the processing, recombining, and extraction of further knowledge from large amounts of data and text, thus allowing the identification of patterns and associations between seemingly unrelated pieces of information. To place things in context, according to an IBM marketing study, 90 percent of the data in the world today has been created in the last two years alone. Every day, 2.5 quintillion bytes of data are created, and it is expected that such growth rate will continue at an even faster pace in the future. In this sense, the analogy made with the physical universe appears apt: it is expected that by 2020 the digital universe – which consists of data created and copied annually and is doubling in size every two years – will contain nearly as many digital bits as there are stars in the universe.

Autore esterno

Rosati Eleonora

Conclusione del trattato di Marrakech

10-01-2018

Il trattato di Marrakech è stato adottato il 27 giugno 2013 per facilitare l'accesso alle opere pubblicate per le persone non vedenti, con disabilità visive o con altre difficoltà nella lettura di testi a stampa. Il Parlamento europeo è chiamato a votare durante la tornata di gennaio per approvare la conclusione del trattato da parte del Consiglio.

Il trattato di Marrakech è stato adottato il 27 giugno 2013 per facilitare l'accesso alle opere pubblicate per le persone non vedenti, con disabilità visive o con altre difficoltà nella lettura di testi a stampa. Il Parlamento europeo è chiamato a votare durante la tornata di gennaio per approvare la conclusione del trattato da parte del Consiglio.

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.

Autore esterno

Christophe CARON, Professor of the Faculty of Law, University Paris-Est

The proposed Directive on Copyright in the Digital Single Market (Articles 11, 14 and 16) Strengthening the Press Through Copyright

07-12-2017

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

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

Autore esterno

Thomas HÖPPNER, Professor of Business and Intellectual Property Law, Technical University Wildau

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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