EU | Dekuzu

No policy intervention. Reproduction of works for preservation purposes by CHIs would continue to take place only as permitted under the different conditions and the varying space provided by the national implementation of the existing EU exception for ‘specific acts of reproduction’, or after the reproduction right has been cleared with rightholders if CHIs consider that the transaction costs involved is for them worth and possible to incur. In voluntary legal deposit contexts and for parts of scientific publications that libraries have access to remotely, preservation could continue to take place within broader agreement-based systems.

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EU exit UK IP draft regulations

Published 27th December 2018

A substantial part of the law on copyright in the UK is derived from EU law. There are 11 EU Directives all of which have been implemented by the UK. The purpose of the Directives is to harmonise the copyright frameworks in Member States, by reducing national discrepancies and maintaining a level of protection which encourages creativity and enables consumers from across the EU to access services.

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EU Counterfeit and Piracy Watch List

Published 21st December 2018

The Watch List reflects the results of stakeholder consultations. It presents examples of reported marketplaces or service providers whose operators or owners are allegedly resident outside the EU and which reportedly engage in, facilitate or benefit from counterfeiting and piracy. The aim is to encourage the operators and owners as well as the responsible local enforcement authorities and governments to take the necessary actions and measures to reduce the availability of IPR infringing goods or services on these markets.

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SWD IA on EU copyright modernisation – preservation of cultural heritage

Published 19th December 2018

Preservation by cultural heritage institutions (CHIs) faces legal uncertainty in the new technological environment. As in many cases preserving works requires copying them, the societal importance of preservation is reflected in national exceptions to the reproduction right for preservation purposes, which implement an optional EU exception for “specific acts of reproduction” by certain institutional users.

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SWD IA on EU copyright modernisation – impacts of fourth option for text and data

Published 30th November 2018

Mandatory exception covering applicable to anybody who has lawful access (including both public interest research organisations and businesses) covering text and data mining for non-commercial and commercial scientific research purposes

The impact of Option 4 on research organisations in relation to legal certainty and transactions costs is similar to Option 3. Differently from the other options, because of the broader scope of application of the exception, Option 4 would specifically benefit researchers in commercial companies as they would no longer need a specific licence to mine content to which they have lawful access to.

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SWD IA on EU copyright modernisation – impacts of third option for text and data mining

Published 21st November 2018

Mandatory exception applicable to public interest research organisations covering text and data mining for the purposes of both non-commercial and commercial scientific research

Similar positive impact on researchers as under Option 2 as regards both legal certainty and reduction of transaction costs, as a result of the introduction of an exception harmonised at EU level. Additional positive impact as this option would remove the legal uncertainty and the grey area as regards the research projects carried out by public organisations with a possible commercial outcome, including in cooperation of these organisations with private partners (PPPs).

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Draft opinion on regulation for online intermediation services

Published 12th November 2018

Platforms should be required to disclose the principles underlying the parameters determining ranking, but not the algorithms themselves, which should be considered to be trade secrets. It is similarly very important to distinguish between a transaction and the initiation of a transaction. A simple search for a product or service on a search engine should not be considered to be an initiation of a transaction but merely a request for information which could lead to the initiation of a transaction.

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SWD IA on EU copyright modernisation – impacts of second option for text and data mining

Published 8th November 2018

Mandatory exception covering text and data mining for non-commercial scientific research purposes

Legislative intervention introducing a harmonised exception would increase legal certainty and reduce rights clearance costs. Researchers would be able to mine scientific publications subscribed to by their institution in full legal certainty as long as this is done for non-commercial scientific research. In addition, transaction costs for public interest research organisations could be considerably reduced.

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SWD IA on EU copyright modernisation – impacts of first option for text and data mining

Published 25th October 2018

Fostering industry self-regulation initiatives without changes to EU legal framework

Public interest research organisations could potentially benefit from more legal certainty as a result of a convergent industry approach to TDM fostered by the Commission through structured stakeholder dialogues. This could also limit to some extent the right-clearance costs. However, the effectiveness of this option is largely dependent on the willingness of the different parties to reach mutually satisfactory solutions.

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SWD IA on EU copyright modernisation – impacts of baseline option for text and data mining

Published 11th October 2018

Problems faced by public interest research organisations are likely to remain largely unsolved under this option. Publishers’ market driven initiatives aiming at facilitating mining for non-commercial purposes on the basis of licences will continue to be developed. Over time more publishers are likely to include TDM clauses in their subscriptions or provide open access solutions. This would improve legal certainty for researchers to some extent.

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Category: EU

SWD IA on EU copyright modernisation – options to address preservation of cultural heritage

EU exit UK IP draft regulations

EU Counterfeit and Piracy Watch List

SWD IA on EU copyright modernisation – preservation of cultural heritage

SWD IA on EU copyright modernisation – impacts of fourth option for text and data

SWD IA on EU copyright modernisation – impacts of third option for text and data mining

Draft opinion on regulation for online intermediation services

SWD IA on EU copyright modernisation – impacts of second option for text and data mining

SWD IA on EU copyright modernisation – impacts of first option for text and data mining

SWD IA on EU copyright modernisation – impacts of baseline option for text and data mining