Kategorie copyright

Oettinger seems confident  Am 5. Mai 2015 - 12:33 Uhr von Tom Hirche

Publikationsdatum 05.05.2015 ~ Art des Materials: Akteure: Schlagworte: Soziales System: Lizenz: 

Last week, Markus Keßler from Futurezone.at interviewed EU-Commissioner Günther Oettinger. Besides geoblocking, net neutrality and data preservation, the ancillary copyright for press publishers was also a topic on the list.

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2015 Intellectual Property and Economic Growth Index was published  Am 31. März 2015 - 20:58 Uhr von Tom Hirche

Publikationsdatum 31.03.2015 ~ Art des Materials: Akteure: Schlagworte: Soziales System: Lizenz: 

EP Working Group should respect the full range of views  Am 26. März 2015 - 10:27 Uhr von Tom Hirche

Publikationsdatum 26.03.2015 ~ Art des Materials: Akteure: Schlagworte: Soziales System: Lizenz: 

Last week, several signatories sent an open letter to the coordinator of the Working Group on Intellectual Property Rights and Copyright Reform at the European Parliament Jean-Marie Cavada. It calls for an inclusion of the civil society in the process to ensure a balanced representation of views.

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Other EU Committees mostly agree with Reda's report  Am 17. Februar 2015 - 20:48 Uhr von Tom Hirche

Publikationsdatum 17.02.2015 ~ Art des Materials: Akteure: Schlagworte: Soziales System: Lizenz: 

On January 20, Julia RedaMEP for the German Pirate Party and Vice President of the Greens/EFA group, presented the draft report evaluating 2001's EU copyright directive (InfoSoc) to the Committee on Legal Affairs of the European Parliament. Now the other committees connected to this subject have published their opinion on this report.

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Now is the time to fix copyright!  Am 17. Februar 2015 - 19:19 Uhr von Tom Hirche

Publikationsdatum 17.02.2015 ~ Art des Materials: Akteure: Schlagworte: Soziales System: Lizenz: 

In her article published on The Digital Post, Caroline de Cock, Coordinator of the Copyright4Creativity (C4C) Coalition, claims that now is the time to fix European copyright law. And she is right.

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On our own account: IGEL joins C4C  Am 28. Januar 2015 - 22:28 Uhr von Tom Hirche

Publikationsdatum 28.01.2015 ~ Art des Materials: Akteure: Schlagworte: Soziales System: Lizenz: 

We are very excited to announce that IGEL is now a proud member of Copyright for Creativity (C4C). We are very happy to team up with this pan-European coalition of NGOs like European Digital Rights (EDRi) or the Electronic Frontier Foundation (EFF) and associations like the European Bureau of Library, Information, and Documentation Associations (EBLIDA) working all together to promote a responsible and sustainable European copyright for the digital age. It is our aim to prevent an ancillary copyright law for press publishers on a European level which we hope to work towards by partnering with this multi-stakeholder network.

Julia Reda publishes draft report for new EU copyright  Am 20. Januar 2015 - 19:28 Uhr von Tom Hirche

Publikationsdatum 20.01.2015 ~ Art des Materials: Akteure: Schlagworte: Soziales System: Lizenz: 

Julia Reda, MEP for the German Pirate Party and Vice President of the Greens/EFA group, has released its draft report evaluating 2001's EU copyright directive (InfoSoc). She is a member of the Committee on Legal Affairs of the EU Parliament and was elected rapporteur on this particular issue in May.

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European Copyright Society calls for unified European Copyright Law  Am 8. Januar 2015 - 12:39 Uhr von Tom Hirche

Publikationsdatum 08.01.2015 ~ Art des Materials: Akteure: Schlagworte: Soziales System: Lizenz: 

In a now published letter to Günther Oettinger, European Commissioner for Digital Economy and Society, the European Copyright Society (ECS) calls for a sweeping reform of copyright.

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Council lets copyright reform pass – The die is cast   Am 16. April 2019 - 18:10 Uhr von Tom Hirche

The controversial EU directive on copyright reform has been adopted. On April 15, 2019, the majority of EU member states voted in favour of the directive. Germany additionally submitted a protocol declaration.

Voting result no surprise

As expected, Finland, Luxembourg, Italy, the Netherlands, Poland and Sweden refused to give their agreement. So only 19 EU states voted for the directive, as representatives from Belgium, Estonia and Slovenia abstained.

In the run-up to the vote, there was a short-term hope that Germany would also abstain. In this case, the directive would not have been adopted, as the approving Member States would have to account for at least 65% of the EU population. This quorum would not have been achieved without Germany's agreement. Reason for hope was given by the coalition agreement between the German governing parties CDU/CSU and SPD in which they clearly reject upload filters. But this is precisely what Article 17 of the Directive (formerly Article 13) provides for.

Germany wants to avoid upload filters

In the end, however, the German government decided to vote in favour of the directive and only to make a so-called protocol declaration. In this declaration, it expresses "serious concerns" regarding the use of upload filters and thus proclaims:

The aim must be to make the instrument of "upload filters" largely unnecessary.

Among other things, the government therefore wants to ensure at national level "that services such as Wikipedia, university repositories, blogs and forums, software platforms such as Github, special interest offers without reference to the creative industry, messenger services such as WhatsApp, sales portals or cloud services do not belong to platforms within the meaning of Article 17". For these services, therefore, nothing is supposed to change.

However, the legal significance of the protocol declaration is controversial. Some people regard it only as symbolic. But in December 2016, the Scientific Service of the German Parliament (Bundestag) had determined in an assessment that protocol declarations by Member States could possibly influence the interpretation of the Directive.

The ECJ has not ruled on this issue. Yet. Because if the Federal Government is serious about its declaration, infringement proceedings against Germany by the EU Commission can be expected.

Time for implementation

But it will be some time before then. Now all EU member states have two years to transpose the requirements of the directive into their national law. They will either have to create new rules or adapt existing rules if necessary.

Publishers' law will do even more damage

Article 15 of the Directive (formerly Article 11) provides for the introduction of an ancillary copyright for press publishers. As is well known, such a right has existed in Germany since 2013. However, the requirements of the Directive go far beyond the existing German regulation so that its scope of application has to be massively extended.

While currently only commercial providers of search engines or services that prepare content accordingly are affected, all "information society service providers" will be affected in future. The completely unclear exception for the "private or non-commercial uses of press publications by individual users" will not help here. An already terrible law will be even more terrible and will cause more damage to the press landscape than it already has.

Fateful Day: EU Parliament Approves Copyright Reform – No Amendments Made   Am 26. März 2019 - 23:06 Uhr von Tom Hirche

Today, the Members of the European Parliament voted in favour of the copyright reform – including the obligation for upload filters and an ancillary copyright for press publishers.

A matter of a few seconds

The vote took place shortly after 1 p.m. and was over sooner than we had hoped. By a wafer-thin majority of only five votes MEPs first decided not to accept any amendments. The deletion of Article 13 (upload filters) and/or Article 11 (ancillary copyright for press publishers) was therefore not put to a vote.

Subsequently, the compromise proposal drawn up in the trilogue negotiations was adopted by a clear majority: 348 votes in favour, 274 against, 36 abstentions. A frightening result. The greatest support for the project came from the EPP and S&D ranks.

Among the German MEPs, all but one of the CDU/CSU members present voted yes. Looking at the SPD, the picture is quite different. Apart from two abstentions and one vote in favour, the proposal was consistently rejected. And the other German representatives were also predominantly against this reform.

Last debate in plenary

In the morning, the MEPs had had a heated debate in the EU Parliament. It showed once again how unteachable the supporters of the reform are when it comes to scientific advice and what kind of incompetence we are dealing with here.

A disgusting thing to see was how MEP Julia Reda (Greens/EFA) was treated. She was the only one to be disturbed several times during her speech by loud and persistent interjections which forced Vice-President Mairead McGuinness (EPP) to intervene. Following this, Julia Reda was subjected to the childishly angry cries of MEP Daniel Caspary (EVP) and MEP Jacens Rohde (ALDE), to which she reacted with impressive calm and professionalism. It is a painful loss that she will not to stand for re-election and therefore not be a member of the next Parliament.

Just one last step

In order for the Directive to enter into force and for EU Member States to transpose it into their national law, it still needs to be approved by the European Council. This is thus the very last chance to prevent this madness. The vote is expected to take place on 9 April.

At the moment, it cannot be assumed that the German Federal Government will put in a veto. The reason for this assumption is a horse-trading that took place according to the FAZ: Germany agrees with the directive while France has agreed to concessions in the dispute over the Nord Stream 2 gas pipeline.

The German Federal Government must not get away with this. At least 12 spontaneous demonstrations have already been announced for today alone in Germany. The protest must not fade away but must become even stronger.

Reda: "You'll wish the mails had all come from bots."   Am 6. März 2019 - 20:11 Uhr von Tom Hirche

The way is clear for the final vote of the European Parliament on the copyright reform. On 27 February, a majority of its Legal Affairs Committee (JURI) voted in favour of the negotiated compromise. However, EU citizens' criticism of the plan is growing louder and louder - just before the European elections. Weiter

Council of Ministers approves compromise on copyright reform   Am 24. Februar 2019 - 21:43 Uhr von Tom Hirche

On Wednesday, government representatives of the EU member states approved the compromise on the Copyright Directive in the Council of Ministers. The reform has thus taken another hurdle. But the big showdown is still to come. Weiter

EU institutions agree on final text of Article 11   Am 14. Februar 2019 - 17:08 Uhr von Tom Hirche

Last night, the trilogue negotiations on the proposed EU copyright reform were concluded. One result of these negotiations is an ancillary copyright for press publishers which is very similar to the German regulation but will cause even greater damage. This can still be prevented! Weiter

Yet another independent study bashes Article 11   Am 12. Februar 2019 - 21:58 Uhr von Tom Hirche

Today, the final report of the so-called Cairncross review was published. It thoroughly looks at how to sustain the production and distribution of high-quality journalism in the UK. In doing so, some interesting points regarding an ancillary copyright for press publishers are raised. Weiter

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Increasing number of rightholders reject EU copyright reform   Am 8. Februar 2019 - 19:02 Uhr von Tom Hirche

The Romanian Council Presidency still tries to reach a compromise with the Member States on the planned directive on copyright reform. Meanwhile, more and more influential rightholders are now denying their support, putting additional pressure on politicians. Weiter

Broad coalition of 89 organisations calls for deletion of Article 11 and 13   Am 30. Januar 2019 - 15:49 Uhr von Tom Hirche

The trilogue negotiations on the upcoming copyright Directive are still stuck. EDRi has taken this opportunity to send out an open letter to the negotiators that not only we but also numerous international and Europe-based organisations have co-signed. Weiter

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Dispute between EU states brings negotiations to a halt   Am 23. Januar 2019 - 0:15 Uhr von Tom Hirche

Representatives of the Member States in the European Council have not yet managed to reach a compromise. The trilogue negotiations are therefore continuing to drag on indefinitely. That gives cause for hope. Weiter

Article 11: Negotiations did not bring any improvement so far   Am 18. Januar 2019 - 11:41 Uhr von Till Kreutzer

Originally, the European Commission, the European Parliament and the European Council wanted to finalise the text of the planned Copyright Directive by the end of 2018. However, this goal was clearly missed so that negotiations were resumed last week. Weiter

No political consensus in 2018   Am 17. Dezember 2018 - 18:06 Uhr von Tom Hirche

The last trilogue negotiations for this year between representatives of European Parliament, European Commission and European Council took place last week. Again, an overall agreement could not be reached. Weiter

"Other nations should be wary of following the EU’s lead on this particular initiative."   Am 23. November 2018 - 16:37 Uhr von Tom Hirche

The European Commission, Council and Parliament are still negotiating the exact wording of an ancillary copyright for press publishers that will most likely be part of the upcoming EU Directive on copyright. If you have not yet heard about this new right or only a little and if you want to learn more about it, then Pamela Samuelson, who is the Richard M. Sherman Distinguished Professor of Law at Berkeley Law School, has just written the perfect article for you. Weiter