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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.

Re-use of public sector information

01-04-2019

The mid-term review of the digital single market strategy in 2017 identified the data economy as one of the top three priority areas for action in the second half of the strategy's implementation, and announced a legislative proposal to improve access to and the re-use of publicly funded data. These data, which include geographical, land registry, statistical and legal information, are needed by re-users in the digital economy, and are increasingly employed by public administrations themselves. On ...

The mid-term review of the digital single market strategy in 2017 identified the data economy as one of the top three priority areas for action in the second half of the strategy's implementation, and announced a legislative proposal to improve access to and the re-use of publicly funded data. These data, which include geographical, land registry, statistical and legal information, are needed by re-users in the digital economy, and are increasingly employed by public administrations themselves. On 25 April 2018, the European Commission adopted a proposal for a revision of the directive on the re-use of public sector information, which was presented as part of a package of measures aiming to facilitate the creation of a common data space in the EU. The directive addresses a number of issues, and presents ways to boost the potential of public sector information, including the provision of real-time access to dynamic data, the supply of high-value public data for re-use, the prevention of new forms of exclusive arrangement, and action to limit the use of exceptions to the principle of charging the marginal cost. Within the European Parliament, the Committee on Industry, Research and Energy (ITRE) adopted its report on 2 December 2018. An agreement was reached with the Council in trilogue on 22 January 2019, and this was approved by the ITRE committee on 19 February. The agreed text is expected to be voted by Parliament in plenary during April 2019.

Regulating online TV and radio broadcasting

22-03-2019

In December 2018, the co-legislators reached an agreement on a European Commission proposal for facilitating the cross-border provision of online TV and radio content. The co-legislators agreed to extend the 'country of origin' principle to a limited set of online services, and to facilitate the licensing of retransmission services over the internet under certain conditions. Furthermore, at the request of the European Parliament, the compromise text contains new rules on 'direct injection', a process ...

In December 2018, the co-legislators reached an agreement on a European Commission proposal for facilitating the cross-border provision of online TV and radio content. The co-legislators agreed to extend the 'country of origin' principle to a limited set of online services, and to facilitate the licensing of retransmission services over the internet under certain conditions. Furthermore, at the request of the European Parliament, the compromise text contains new rules on 'direct injection', a process used increasingly by broadcasters to transmit their programmes to the public. The compromise also includes a change of the instrument from a regulation into a directive in order to leave flexibility to the Member States to implement the new rules on 'direct injection'. The Member States' negotiators and the Legal Affairs Committee (JURI) endorsed the political agreement in January 2019. The compromise text must now gain the approval of the European Parliament during the March II plenary session. Second edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Prospects for EU-Asia connectivity - The 'European way to connectivity'

12-10-2018

Asia matters to Europe: home to the world's largest population and fastest-growing economies, Asia is a major trade partner of the EU. Recognising this, the EU has promoted the Asia-Europe Meeting (ASEM), established strategic partnerships with four Asian countries, intensified cooperation with the Association of South-East Asia Nations (ASEAN), and negotiated or concluded free trade agreements with several Asian countries. As an implementation of its 2016 Global Strategy, the EU has carried out ...

Asia matters to Europe: home to the world's largest population and fastest-growing economies, Asia is a major trade partner of the EU. Recognising this, the EU has promoted the Asia-Europe Meeting (ASEM), established strategic partnerships with four Asian countries, intensified cooperation with the Association of South-East Asia Nations (ASEAN), and negotiated or concluded free trade agreements with several Asian countries. As an implementation of its 2016 Global Strategy, the EU has carried out a mapping exercise on Euro-Asian connectivity, followed by the adoption of a joint communication on 'Connecting Europe and Asia – Building blocks for an EU strategy' on 19 September 2018. The strategy proposes that the EU engage with its Asian partners through a sustainable, comprehensive and rules-based approach to connectivity, exploiting existing and planned EU networks. It acknowledges a significant investment gap in connectivity and recognises the need to mobilise and strengthen cooperation with private investors, national and international institutions, and multilateral development banks. The strategy is part of the EU's contribution to the ASEM12 Summit, which is to take place in Brussels on 18-19 October 2018. Presented by Vice President/High Representative, Federica Mogherini, as the 'European way to connectivity', the strategy was immediately perceived as the EU response to China's Belt and Road Initiative (BRI). This initiative is currently raising concerns in the EU and in several participating countries, some of which are worried about possible 'debt traps'.

Copyright Law in the EU: Salient features of copyright law across the EU Member States

13-07-2018

As part of the mission to provide the Members and Committees of the European Parliament with new research tools in the area of comparative law, this document presents salient features of copyright law across the EU Member States and, more in particular, the prima facie corresponding provisions in national law relating to the exceptions and limitations contained in Directives 2001/29/EC and 2012/28/EU. The document will be updated regularly, especially in its electronic version, to take account of ...

As part of the mission to provide the Members and Committees of the European Parliament with new research tools in the area of comparative law, this document presents salient features of copyright law across the EU Member States and, more in particular, the prima facie corresponding provisions in national law relating to the exceptions and limitations contained in Directives 2001/29/EC and 2012/28/EU. The document will be updated regularly, especially in its electronic version, to take account of new or modified provisions of national law in relation to – mandatory or optional – exceptions and limitations deriving from existing or future EU legislation.

Autorzy zewnętrzni

EPRS, Comparative Law

Outcome of the meetings of EU leaders on 28-29 June 2018

02-07-2018

On 28-29 June 2018 Heads of State or Government met, in different formats and constellations (i.e. a formal European Council, an article 50 European Council and a Euro summit), to discuss migration, security and defence, Brexit and the euro area. Migration topped the agenda of the European Council. The Euro Summit discussed further developments in the euro area, including potentially the creation of a special budget for the euro area.

On 28-29 June 2018 Heads of State or Government met, in different formats and constellations (i.e. a formal European Council, an article 50 European Council and a Euro summit), to discuss migration, security and defence, Brexit and the euro area. Migration topped the agenda of the European Council. The Euro Summit discussed further developments in the euro area, including potentially the creation of a special budget for the euro area.

Review of the Directive on the Re-use of Public Sector Information (Directive 2013/37/EU)

25-04-2018

The Directive on the re-use of public sector information 2013/37/EU (PSI Directive) provides a common legal framework for a European market for public sector information. It entered into force on 17 July 2013 following a review of the initial PSI Directive of 17 November 2003. This implementation appraisal is written in anticipation of the second review of the directive, the plans for which are likely to be presented by the end of April 2018 as part of a broader package targeting the data economy ...

The Directive on the re-use of public sector information 2013/37/EU (PSI Directive) provides a common legal framework for a European market for public sector information. It entered into force on 17 July 2013 following a review of the initial PSI Directive of 17 November 2003. This implementation appraisal is written in anticipation of the second review of the directive, the plans for which are likely to be presented by the end of April 2018 as part of a broader package targeting the data economy. The upcoming review will attempt to identify opportunities for reducing regulatory costs and for simplifying the existing legislation without negatively affecting the achievements of the underlying policy goals. The ongoing evaluation of the Directive on the legal protection of databases 96/9/EC (Database Directive) will feed into the review by identifying potential issues with the interplay between the PSI and Database Directives. The Commission has also announced that the PSI review will be aligned with the follow-up actions to the REFIT mid-term policy evaluation of Directive 2007/2/EC, 'INSPIRE' (Directive establishing an Infrastructure for Spatial Information in the European Community). For these reasons, both these directives have been included in this appraisal.

An EU intellectual property policy to boost innovation

03-04-2018

Intellectual property (IP) lies at the heart of innovation and competitiveness around the world as well as in the European Union, and intellectual property rights (IPRs) are protected mainly through patents, trade marks and copyright. IPRs enable individuals and companies to earn recognition and/or financial benefit from what they invent or create. By striking the right balance between innovators and public interest, IP aims to foster an environment in which creativity and innovation can flourish ...

Intellectual property (IP) lies at the heart of innovation and competitiveness around the world as well as in the European Union, and intellectual property rights (IPRs) are protected mainly through patents, trade marks and copyright. IPRs enable individuals and companies to earn recognition and/or financial benefit from what they invent or create. By striking the right balance between innovators and public interest, IP aims to foster an environment in which creativity and innovation can flourish. The EU has shaped a framework that defines and protects innovations and creations through IP. This framework mainly comprises of directives and regulations protecting copyright, trade marks, patents, designs and geographical indications.

Implementation of the Directive 2011/77/EU: copyright term of protection

15-03-2018

The objective of this study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee, is to examine the current status quo of implementation of the Directive, and to carry out an in-depth review of the practices in selected Member States. The study provides a brief overview of the international framework concerning the term of protection for performers and phonogram producers, and analyses the main objectives ...

The objective of this study, commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs at the request of the JURI Committee, is to examine the current status quo of implementation of the Directive, and to carry out an in-depth review of the practices in selected Member States. The study provides a brief overview of the international framework concerning the term of protection for performers and phonogram producers, and analyses the main objectives and provisions of the Term Extension Directive. It explores in-depth the implementation and practices in seven selected Member States, and identifies best practices that can serve as a model for other EU Member States. In addition, the long term effects of the Directive are considered, both within the EU (in relation to relevant EU policies) and outside the EU (in relation to its main trading partners).

Autorzy zewnętrzni

Dr. Ana RAMALHO, Assistant Professor of Intellectual Property Law at Maastricht University (Netherlands); Dr. Aurelio LOPEZ-TARRUELLA, is Senior Lecturer of Private International Law at University of Alicante (Spain); coordinated by ARCA Consortium, S.A.

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.

Autorzy zewnętrzni

Rosati Eleonora

Planowane wydarzenia

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