EU Commission's Proposals on the Modernisation of Copyright

On 14 September 2016, the EU Commission set out proposals on the modernisation of copyright to increase cultural diversity in Europe and content available online, while bringing clearer rules for all online players. The proposals will also bring tools for innovation to education, research and cultural heritage institutions.Altogether and as a key part of its Digital Single Market strategy, the EU Commission's copyright proposals have three main priorities:

1. Better choice and access to content online and across borders

With the proposal on the portability of online content presented in December 2015, the EU Commission gave consumers the right to use their online subscriptions to films, music, ebooks when they are away from their home country, for example on holidays or business trips.

As first priority, the EU Commission proposes a legal mechanism for broadcasters to obtain more easily the authorisations they need from right holders to transmit programmes online in other EU Member States.

• This is about programmes that broadcasters transmit online at the same time as their broadcast as well as their catch-up services that they wish to make available online in other Member States, such as MyTF1 in France, ZDF Mediathek in Germany, TV3 Play in Denmark, Sweden and the Baltic States and AtresPlayer in Spain. Empowering broadcasters to make the vast majority of their content, such as news, cultural, political, documentary or entertainment programmes, shown also in other Member States will give more choice to consumers.
• The proposed rules also make it easier for operators who offer packages of channels (such as Proximus TV in Belgium, Movistar+ in Spain, Deutsche Telekom's IPTV Entertain in Germany), to get the authorisations they need: instead of having to negotiate individually with every right holder in order to offer such packages of channels originating in other EU Member States, they will be able to get the licenses from collective management organisations representing right holders. This will also increase the choice of content for their customers.
• To help development of Video-on-Demand (VoD) offerings in Europe, the EU Commission asks Member States to set up negotiation bodies to help reach licensing deals, including those for cross-border services, between audiovisual rightholders and VoD platforms. A dialogue with the audiovisual industry on licensing issues and the use of innovative tools like licensing hubs will complement this mechanism.

2. Improving copyright rules on research, education and inclusion of disable people

Students and teachers are eager to use digital materials and technologies for learning, but today almost 1 in 4 educators encounter copyright-related restrictions in their digital teaching activities every week. The EU Commission proposes a new exception to allow educational establishments to use materials to illustrate teaching through digital tools and in online courses across borders.

The proposed Directive will also make it easier for researchers across the EU to use text and data mining (TDM) technologies to analyse large sets of data. This will provide a much needed boost to innovative research considering that today nearly all scientific publications are digital and their overall volume is increasing by 8-9% every year worldwide.

The EU Commission also proposes a new mandatory EU exception which will allow cultural heritage institutions to preserve works digitally, crucial for the survival of cultural heritage and for citizens' access in the long term.

Finally, the EU Commission is proposing legislation to implement the Marrakesh Treaty to facilitate access to published works for persons who are blind, have other visual impairments or are otherwise print disabled.

3. A fairer and sustainable marketplace for creators and press

The Copyright Directive aims to reinforce the position of right holders to negotiate and be remunerated for the online exploitation of their content on video-sharing platforms such as YouTube or Dailymotion. Such platforms will have an obligation to deploy effective means such as technology to automatically detect songs or audiovisual works which right holders have identified and agreed with the platforms either to authorise or remove.

Newspapers, magazines and other press publications have benefited from the shift from print to digital and online services like social media and news aggregators. It has led to broader audiences, but it has also impacted advertising revenue and made the licensing and enforcement of the rights in these publications increasingly difficult.The EU Commission proposes to introduce a new related right for publishers, similar to the right that already exists under EU law for film producers, record (phonogram) producers and other players in the creative industries like broadcasters.

The new right recognises the important role press publishers play in investing in and creating quality journalistic content, which is essential for citizens' access to knowledge in our democratic societies. As they will be legally recognised as right holders for the very first time they will be in a better position when they negotiate the use of their content with online services using or enabling access to it, and better able to fight piracy. This approach will give all players a clear legal framework when licensing content for digital uses, and help the development of innovative business models for the benefit of consumers.

The draft Directive also obliges publishers and producers to be transparent and inform authors or performers about profits they made with their works. It also puts in place a mechanism to help authors and performers to obtain a fair share when negotiating remuneration with producers and publishers. This should lead to higher level of trust among all players in the digital value chain.

(Ga)

Communication - Promoting a fair, efficient and competitive European copyright-based economy in the Digital Single Market

Regulation laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes

Directive on copyright in the Digital Single Market

Regulation on the cross-border exchange between the Union and third countries of accessible format copies of certain works and other subject-matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print disabled

Directive on certain permitted uses of works and other subject-matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print disabled and amending Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society