The presence of illegal content online has serious negative consequences for users, for other affected citizens and companies and for society at large. In the light of their central role and the technological means and capabilities associated with the services that they provide, online service providers have particular societal responsibilities to help tackle illegal content disseminated through the use of their services.
Comments closedCategory: EU
The briefing note by committee of legal affairs demonstrates that the new, related right for press publishers provided in Article 11 of the ‘Proposed DSM Directive’ is required to address pressing market failures in the area of the online press. The note also outlines why the proposed Article 11 is proportionate and the criticism raised against it by various stakeholders is not compelling.
Comments closedThis option would not have any direct impact on rights clearance and transaction costs and would entirely depend on the solutions available at national level. CHIs in MS whose legal frameworks already allow for licences also covering the rights of outsiders for the digitisation and dissemination of OoC works would already benefit from the possibility of substantially lower transaction costs.
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No policy intervention. CHIs would continue to rely mainly on individual licensing, or collective licensing where possible. Collective licensing would be supported by national legal mechanisms to cover the rights of outsiders only in a limited number of MS. Licences resulting from these mechanisms would be limited to one national territory. The 2011 MoU would continue to call on MS to adopt such mechanisms for books and learned journals, and to provide a basis for further collective licences for this category of works.
Comments closedA new very useful research, requested by policy department for citizens’ rights and constitutional affairs, has been published. The author of research, Eleonora Rosati, has briefly but informative and understandable way outlined the main issues with text and data mining exception to copyright. The entire research available here, below some technical points of exception – its three steps.
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Digitisation and dissemination of out-of-commerce works held by cultural heritage institutions, including across borders, in ‘mass digitisation’ projects, is adversely affected by difficulties in clearing rights. The digitisation and dissemination of in-copyright OoC works as part of ‘mass digitisation’ efforts is however faced by distinct difficulties and high transaction costs for clearing the relevant rights. This problem contrasts with the inherently low current commercial value of the works at stake.
Comments closedThe concept of exceptions and imitations to copyright serve a critical role in the so-called intellectual property – and copyright – paradox. The paradox of intellectual property lies in a “system that promotes, or at least, aspires to promote knowledge by restricting it”.
Comments closedA wide, diverse and rapidly evolving range of actors, commonly referred to as internet intermediaries, facilitate interactions on the internet between natural persons and between natural and legal persons by offering and performing a variety of functions and services. Some connect users to the internet, enable the processing of information and data, or host web-based services, including for user-generated content.
Comments closedThe negotiation mechanism would exclusively address copyright-related issues and would complement measures provided for in the AVMS Directive review for the promotion of European works. The negotiation mechanism would address individual cases of lack of availability and complements the general approach pursued by the stakeholder dialogue.
Comments closedOne of the basic and fundamental principles of copyright law is that data is as such not protected; copyright only protects the creative form not the information incorporated in the protected work. Thus, Text and Data Mining (TDM) should in principle not be a use covered by any exclusive intellectual property (IP) rights (IPRs), both copyright and other sui generis rights.
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