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Category: EU

SWD IA on EU copyright modernisation – Text and data mining: the problem and options

Text and Data Mining (TDM) is a term commonly used to describe the automated processing (“machine reading”) of large volumes of text and data to uncover new knowledge or insights. TDM can be a powerful scientific research tool to analyse big corpuses of text and data such as scientific publications or research datasets. Copyright issues contribute to the slow development of TDM in EU research.

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Axel Voss’s amendments to Copyright DSM on 12 September

The increasing imbalance between powerful platforms and press publishers, which can also be news agencies, has already led to a remarkable regression of the media landscape on a regional level. In the transition from print to digital, publishers and news agencies of press publications are facing problems in licensing the online use of their publications and recouping their investments. In the absence of recognition of publishers of press publications as right holders, licensing and enforcement in the digital environment is often complex and inefficient.

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SWD IA on EU copyright modernisation – impacts of third option for use of protected content in digital and cross-border teaching activities

Mandatory exception with a cross-border effect covering digital uses in the context of illustration for teaching, with the option for MS to make it (partially or totally) subject to the availability of licences

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SWD IA on EU copyright modernisation – impacts of second option for use of protected content in digital and cross-border teaching activities

Mandatory exception for digital uses for the purpose of illustration for teaching, including across borders

Option 2 would bring a high degree of legal certainty to educational establishments and teachers across all MS. This could lead in the short term to an increased use of illustrative resources and an enriched learning environment for students. The actual impacts on education institutions would vary between MS, depending on how the optional teaching exception has been implemented so far and on the licensing mechanisms in place.

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Almost 14-years old EU parliament position on recommendation for film heritage

This recommendation aims at fostering better exploitation of the industrial and cultural potential of European film heritage by encouraging policies of innovation, research and technological development in the field of conservation and restoration of cinematographic works. The hereinafter recommended actions aim to ensure that the conditions necessary for the competitiveness of the Community’s film industry exist and accelerate the development of its competitiveness.

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SWD IA on EU copyright modernisation – impacts of baseline option for use of protected content in digital and cross-border teaching activities

The legal uncertainty faced by educational establishments and teachers in certain MS for digital uses is expected to persist under the baseline option. Only reforms at national level or developments in the licensing market could contribute to reduce it. A certain number of MS (e.g. ES, UK) have recently amended their legislation to clarify that the teaching exception applies to content used in secure electronic environments.

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SWD IA on EU copyright modernisation – options for use of protected content in digital and cross-border teaching activities

Baseline

No policy intervention. In MS where digital uses are not clearly allowed under the national teaching exception, this option would consist in relying on market developments (e.g. further development of collective licensing schemes, publishers’ digital offers) to offer solutions that allow teachers and students to use protected content in teaching activities supported by digital tools or taking place online. At the same time, certain MS could decide to amend their national exceptions – based on the optional teaching exception in Article 5(3)a of the InfoSoc Directive, which allows digital uses – to clarify the extent to which certain digital uses are covered in their MS.

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Estonian’s OPTION B of article 13 for DSM copyright directive

Clarification of communication to the public in the text

Over the last years, the functioning of the online content marketplace has gained in complexity. Online services providing access to copyright protected content uploaded by their users have flourished and have become main sources of access to content online. Legal uncertainty exists as to whether such online services engage in copyright relevant acts and need to obtain authorisations from rightholders for the content uploaded by their users who do not hold the relevant rights in the uploaded content. It is therefore necessary to clarify the copyright relevant obligations applicable to online services providing access to copyright protected content uploaded by their users.

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Rationale for European commission’s proposal of a regulation to increase fairness and transparency for online platforms

Online platforms offer access to cross-border consumer markets and have become the go-to interface for millions of businesses, big and small, in sectors ranging from online retailing, professional services and app development, to transport and hospitality.

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