In the digital age copyright-protected works are often made available and used cross-border especially via the internet. Service providers want to offer their services across the Member States just as consumers wish to access works from other Member States. Different exception rules in the various Member States can be an obstacle in cross-border situations.
According to a draft of the EU Commission’s upcoming Digital Single Market Strategy - leaked this week by Politico - a wide-scale review of copyright laws is in the works. In the draft, the Commission for example proposes measures aimed at allowing full portability of legally acquired content while staying in other EU member states. “The draft contains little new elements,” says cep internal [...] enforce copyright.
In cep's view, the planned licensing mechanism improves access to out-of-commerce works. However, the exception for text and data mining carried out by research institutes, which is also contained in the Directive, leads to distortions of competition. Overall, cep criticises the introduction of an ancillary copyright for press publishers because it prevents news aggregators from linking press articles by way of text extracts.
The EU Commission presented on Wednesday an action plan to modernise EU copyright rules. The plan is built on four complementary pillars of equal importance: Widening access to content across the EU, exceptions to copyright rules for an innovative and inclusive society, creating a fairer marketplace and fighting piracy. “While today all conditions are not met to consider full alignment of copyright rules across the EU in the form of a single copyright code and single copyright title, this should remain an aspiration for the future,” the Commission said in a press statement. cep expert Iris Hohmann told
cepStudie cepInput Exceptions to copyright Should optional exceptions be made mandatory? Iris Hohmann & Matthias Kullas The Commission has announced a reform of the copyright rules in the EU before the end of 2015. It intends to reduce the differences between national copyright rules by way of harmonised exceptions. In this respect it is considering whether to make optional exceptions to copyright mandatory. Mandatory exceptions may improve the functioning of the internal market. Exceptions that are closely linked to the exercise of fundamental rights should be mandatory. To ensure
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The Commission’s plans are convincing for unitary patent protection in the EU significantly increases legal certainty and thus fosters the spread of knowledge and increases innovation competition. The intended modernisation of the European legal framework for copyrights increases the possibility of creating an EU-wide online provision of copyright protected goods and services. Besides it facilitates the fight against counterfeiting an piracy at EU borders.
Vice-President Andrus Ansip, responsible for the digital single market, will present the Commission’s priorities at noon. Bert Van Roosebeke, cep Head of Division advocates the harmonisation of copyright rules and the elimination of existing distortions between "Over The Top" services and traditional telecommunications services.
US Secretary of Commerce Penny Pritzker wrote in an opinion piece for EurActiv that “American government and industry are watching the development of specific policies under the Digital Single Market – in areas such as Internet platforms, copyrights, and privacy – to ensure that their effects will encourage stronger commercial ties between the US and Europe.” Pritzker last week spoke with EU [...] reminded that the United States and Europe have unified goals for our engagement in the digital economy,” she wrote. Please see also our cepInput on copyright issues and on net neutrality .