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Copyright reform, state of play

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so if you thank you and and good
morning everyone am I must I held that that
this and just so I'm completely transparent and everything I have quite a few hats 1 of them is that I'm a pirate in the pipe adjacent that currently I'm wearing my international modern modern Media Institute hats and here I am presenting for image which is nice and NGO that is during like modern media lobbying of some sort and I
I have here in areas of faces with a Dutch NGO focused on the of expression and the free flow of information
above all on the same idea is replaced by the convex because this now and this is
short introduction because we are going to dive into quite
complex complicated EU policy work in his talk and how we can achieve influences so this is in what is happening in the EU right now is
basically we have a chance to reform the copyright law which is so that we can perform the inverse of directive of 2001 was originally made to actually form and harmonize copyright in Europe and shunted incurred and Commissioner he has made a and Internet digital market as a policy you and you cannot have an internal digital market without actually having harmonized copyright so therefore reaction trying to reform copyright and that is not as easy as it should be the there as
administration some of the problems of the info for breakfast it was intended to harmonize the so called among other things so called exceptions thing copyright meaning um for example the writer called is in the form of
the but exception and Inc. that you may use fragments from won't ask quotations of from partner something like and this picture is the polio in resource the and it's in the copyright by the architect and a lot of European member states don't have among around exception or some do only in the case of Belgium it's so extreme that um basically for any reproduction of the atomium you need permission of the rights holders for represented by the Belgian version of on uh the lumen of the and
capacity so scared of the cumulative that the publish a photo of the atomium with only a picture of a model to tell me this for corporate perspective doesn't really know what the of on the Belgian
collecting a large organization claims worldwide um licensing on demand worldwide royalties from any picture of the building of the problem with just Belgium France had the same if I change buildings for some European member states don't have any such a very specific um for most Member States OF exceptions to these rights for the for very practical reasons i'm because the inverse of the active didn't make any exceptions mandatory there more combinations of exceptions possible in comparable across European Union nondirectly starting in our our galaxy because there's so many difficult exceptions was that you calculate the maximum number of permutations you could have in terms of exceptions to get into the billions so
in 2012 and a acoptic copyright consultation was launched by the European Commission which means that they trying to get information about end user from all authors from white so there's about what is their experience and what is there an opinion about current copyright legislation and they got only 10 thousand responses and this is like 1 of the biggest response with that has ever been collected when it comes to like general opinion about copyright and most of them 58 . 7 % away from like normal people end users consumers which is absolutely great that has never happened before the 2nd largest group was that you or others in this copyright report trial cock-up representation of science and created a lot of work for the European Commission so that she had a higher like 30 new interns to do all that work and it's actually quite favorable and for those who actually want to reform copyright it basically says that end users are frustrated they are not really sure what is happening what they can do what they can do and it's it's it's generally confusing and all 1st as well they're not very happy with the current status quo they do not look and see themselves as being the new make enumerated fairly and they are stuck in this is that in the end users are taking away all the money but in fact when they actually express their opinions you connect you read that and there is uh
power imbalance between the authors and the right holders so that is actually something that needs to be fixed and the rights holders the copyright holders and those not necessarily all those are the big labels those are the book publishers those are in the medium and they just like like how it's fine and it's it's good for them because the system is basically made to serve their interests currently it is not very much made actually serve the author's interest because this
is copyright not authors like that we trying to form and that is something that is not very clear for most most people so there are actually 2 major checks in European legislation regarding copyright 1 of them the use of the fact that don't let you have made corporate reform a priority problem by the way if anyone has questions before is open as far as we're concerned the other made this there's also an ongoing process to revisit the Enforcement Rules for proper to the kind of try to get rid of the year 14 rules are not about module ground condo live in Europe but there are a total of extend the rights holder can and for the conference the and they vary from let's say the willful infringement of copyright as a as a crime as an example of
how tree more fortunate of corporate then the travesties from a Member States um mom they're all examples of uh the therefore who rules is the fact that quite unusual in Europe the so if you lose a disputes in court over corporate you may be conference conform to the to the actual cost of the ruling party they are very important European member states I have to pay the cost of the winning party the typically uh use the so-called nominal costs they're not the actual costs but if it's a dispute about copper article from also and you may have of having to pay the actual bill the other parties mortgage the this is example this has nothing to do with the convergence of the way it can be a force in how painful that kind
and basically the right now total so-called mom legislative reports in the European Parliament and all legislative reports mean there's no actual legislation to being discussed the cost to Parliament cannot initiate legislation was found that the slope of the European level bounds but there are important because they already on the state in certain positions and if you later down the line have a actual legislative initiative by the Commission this is expected to happen but also learning and as far as corporate is concerned bones those positions will influence the outcomes of the 1st debate of such a legislative proposal actually the Commission or typically takes no legislative reports consideration before making proposals for legislation well the big wrong or the the the most famous of the 2 is the year the report report being worked upon by Geary that right now um and a long list of hardly ever mentioned this but in know legislative reports and the aperture of that this part of the world I will a Christian democracy I will get to the substance of both reports now so the reader
report was published there In January this year not mistaken and in
this good so I would say it is not terribly bad but it's not perfect and it actually addresses 1 of the most like issues that most people active presenting in the copyright
presentation but it fails to mention for example specific all of those flights it does not deal with file sharing because that is very taboo you not allowed to talk about file sharing especially not if you want to be taken seriously and so that the greatest thing that the red what actually tries to keep in mind is that they want to have the same exceptions for all European member states and that is something that which will be a incredibly difficult and that is not something which is only on the parliament level this is also a problem with the Commission and then went on to have a trialogue which is when the Council and the Commission and the Parliament actually writing the log like getting together with the law it is maybe likely if if we just like it asks you how the realpolitik sink in EU AC you work that many of the and Council states will basically say not that they don't want x exceptions about panorama freedom of some freedom of hiding in some countries you're not actually allowed to make jokes and it also addresses the importance of quotation that that is supposed to be technically mutual which is not how it is right now because if you have like a video that is not necessarily considered to be an actual quote in some Member States so it's fair the current framework of copyright is extremely difficult and problematic in many regards and they read a report makes a fairly good an a case that we actually have to reform it and it is I would say that if you want to have copyright reform and I'm assuming that and I mean most people would like to see some the from happening then it we should try to support that it to some extent
so in the amendments of the reader report where 556 and this is all the amendments that were and published this is a lot of paper paper like 300 pages and and it's basically all over the place we have good amendments we have bad
amendments a we have quite maps deleted from the original report so there's such a question will there be anything left the of the report in June it will be like a put guns and the final voting and that is actually an issue that we have to really SUSY take into consideration like how much value will this report that you have in the end it was started with that fairly good document not perfect of course n what really having and maybe will have something which is completely pro extreme copyright which is supporting the labels right in the rights holder right but not necessarily evaluating all of these rights are and uses right so in my dad should turn around in in our hands we don't know yet the
the the 1st of all the report slightly more conventional in the sense that it out
for about 2 decades now a this legislative trend of more Coperite's is by definition the and of those more infringement of needs you need you need you need even more cooperate because the Frenchman obviously horrible things to happen the and let us assume that the radio report this right good delivering excellent this year as a Christian Democrat or a social democrat which is not for part slightly disappointing Svoboda is a could a christian democrats and his report on the renewal of looking again for the rules is normal bet that say in terms of corporate or at the same time what even completely bad it's a happy thing in the European Parliament there'd talk about corporate um and this is often the um the conservation law so after talked about basically the vast majority of response of consultations serve the needs no harsher for rules you should focus on simplifying copyright this from the report which is about the 4th and this makes 0 reference to the consultation of all it only refers to the concentration sticking um therefore and it's got the normal amount of responses let's say 300 unlike the downfall of the and for the deletion compared from as a card with a focus in a report on what's this called all actors in the supply chain that and that's a euphemism for the role of Internet service providers so we get into a basement in its current state the report it's a fairly thinly veiled coal for work artistry liability for 1 infringements among other things there's also a lot of emphasis in the report so-called consumer awareness current basically meaning of the rules are not stupid you are stupid or at least that's how I read it and the therefore that people should be educated more about the very good importance of corporate to creativity and all that however source are detected just mentioned that there is a need for new business models and tools for funding yards and also interesting for more legislative reports this in only not only just in the jury committee is the those of the Committee on Legal Affairs of the European Parliament that over half amendments you quite a lot from a legislative report it's not as massive as in
the case of regular report but still a sign that the debate is heating up
although some of them and then answer by and large have all the good ones Arcata harmful that there will be a clear reference to the need to balance Coperite's the fundamental rights like the free of expression and the goal but of copyright enforcement of privacy and data protection is also a the little from human rights um but also partly because once the the marriage ompletion will show you the coach moments life at that infringements cobra different for the detector used to fund terrorism and organized crime and other ones that implied that's without copyright copyrighted can't
innovational for created the activities happening as if the relations have happened at all that this is a quote from the before more from amendment of the wall reporters review discussion of various counterfeiting is generally into the black economy of organized crime for financial contributions this
means that my old station all home takes a keys for same for apparently is linked to organized crime I find all interesting given out an organized so it but basically the current state this both reports of our this could have been discussed among various committees were the most important all the committee in this process the Committee have you felt today almost about the report so if you have happened at any time to call a piece art in nice and and on June 16th
um there reportedly from the bullet has that have been postponed for the simple reason that there is a stalemate about the area which the sum of the maximum this size so much opposed to anything which is the small angle to the report on that they have decided to postpone the vote and try to figure out in the meantime there was especially special bad role by either John genomic of either the French liberal was mostly together with the Christian Democrats very much opposed to anything and inform meaningful report to the point that this fellow liberals are complete effect of from this book they accounts for political reasons I say to much about the of a part timeline is the somber at the end of this year the Commission if you will have a new legislative proposal as success of of the force of the for and in the quarters three-quarter
for in 2015 New InfoSoc Directive that means that man the labor lobbyists will actually go out and they will be everywhere in Brussels this'll be like 1 of the
biggest lobbying In an end like turns and maybe in the history of the you know how probably resulted from for October
pressured or that this is actually going to be an pair with the data protection regulations and we don't know exactly because it hasn't happened yet but it's very
likely that all the lobbyists will be in you up trying to make sure that the copyright rules will not be available to the public agenda to the labels because that is actually what copyright currently is about it's not so much about the status of the author and it's not too much about the status of the end user the drive to try to keep the status quo of the people who are cleaning the most money from the copyright industry and what can be
done and you know as a citizen in Europe even if you are a foreigner or like do not have to use is if you actually can call an MEP you can mail them you can tweak them is some people have is suggesting that everybody should send the postcard for River the pitch of the atomium or maybe Paris the Eiffel Tower by nite and day telling them that we actually need to reform copyright and current status is just not very favorable to anybody but the actual industry that is just how it is I'm not saying that we're going to abolish all right I'm trying to say that we have to have to but a better balance between the authors on the head right holders and the end users and is something that we actually need to start to achieve and if you want to get more involved and 3 European Digital Rights action has had done it great job on collecting everything they need to know about and what is happening what has happened and what is being done and they have a like 1 pages like briefings on the reports next staffs such and there should doing a great job so if you want to support them and I know that they actually need money and because they are poor NGO in in Brussels and they're more or less 1 of the few ones who are actually trying to lobby for the in that report as well if you need more information than really hazardous home page and send the kind that
you is actually quite frequently updated they have some very interesting info graphs that make like their side of the story and so that is was an accident a way tension get more familiar with what is going on the left arm for questions at something it so we would love to have some questions anybody could
questions the scope for your hand to move the microphone the morning and it's not really a question I
just would like to make you aware that tomorrow nite at 7 o'clock at Wikimedia he and willing there will be a discussion with the reality that uh Dimitar Dimitrov from Wikimedia and also all um jaw McNamee from soul if anyone is
interested in finding out more about this in being able
to pose questions to all these people join Wikimedia tomorrow at 7 thank you thank you the any additional questions from the audience the it 2nd yeah for I'm just I would I would be interesting to have your opinion or it's all gonna play out so we just the single that in the future the imaginative and say what is likely to happen with copyright reform in the EU what could
happen is that the those amendments especially those that are awful will be forced to withdraw her name from the report so it'll be longer the other reports of someone else in the in the the jury committee as reporter I think that should be and the children report will be kind of a pretext Commission for the traditional the extension of the existing trends this is the 1st time in over decades ago there's a chance for positive development comparable on your this is is the big scenario anomalous another but the question possible scenario is that um brief or duly made at the score but they'll be compromised a famous so there will be some reform but it'll be very limited tools to kind of preservation of the status quo and the removal of some of the most ridiculous parts of corporate across European Union uh June walking is an example of that is a topic that has a fairly strong support across the political stuff spectrum so that is what the thinks of could disappear in such a scenario on the least likely scenario is that the report will go for case what I find it very likely I think the 2nd scenario just over this the best you can hope for right and
then of course we don't really know what specific Member States are going to do when they actually get to say they have a say
and I know that the the French are very in love with the current status of of things for directed and they basically sent a mass e-mail told the French MEP saying that all this is absolutely terrible we at Apple have to make sure that this does not go through so it's actually going to be a very interesting I will be very interesting to see how it plays out every lecture minus a get anything out of this or if they like copyright maximalists and up to strong and we're just not interested enough to actually have a proper copyright reform and that could happen and hopefully if we are it is if we engage in if we need do something then something might happen if you do nothing and nothing will happen and that's it yeah the very short version is these
reports on starting position of a pill bottle anyway on the question is do we get afraid that so starting position for the bill but
or just a is k 1 and like after that are sometimes Amadís Fisher graphical privacy and with more models which comes from or was what the Member States will than the actual political color off that's only you have the let's say Greek Christian Democrats of a very progressive from corporate matters how you have um France greenstuff that are very very conservative and against a couple of months those political colors on the silly indicates or how people operating and what but this so those
of Assistant DTA question would like to know these reports when are endorsed by the parliament I used to incite the commission to draft proposal right yes and is also but the
proposal is that are is the would be restraints that the parliament of changes opinion completely about certain elements of the proposal and would act contrary to what is already in those legislative reports although Parliament chemistry short of memory so that sometimes happens regardless so this status for wants to maintain good enemies in the
Parliament but also I would like to know if there is 1 common report how much time would it take for the true inside the Commission to draft something more uh can can we know commuters made whole how long the Commission would take to come up with something the parliament then that would be great to again the Commission's give yourself to the line of the fall this year to come up with a proposal this people so
the on the enforcement side I'm less sure because it also ties in to teach so so does the last a bit longer refer all of it anyway our time is up and thank you very much for listening and at least get engaged this is actually a unique opportunity to influenza you policy because in the documents action on our site and the consultation report that is and so the tree each right then just make sure that they know that you're actually watching thank you
and
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Metadaten

Formale Metadaten

Titel Copyright reform, state of play
Serientitel re:publica 2015
Teil 171
Anzahl der Teile 177
Autor Holst, Walter van
Helgadóttir, Ásta
Lizenz CC-Namensnennung - Weitergabe unter gleichen Bedingungen 3.0 Deutschland:
Sie dürfen das Werk bzw. den Inhalt zu jedem legalen Zweck nutzen, verändern und in unveränderter oder veränderter Form vervielfältigen, verbreiten und öffentlich zugänglich machen, sofern Sie den Namen des Autors/Rechteinhabers in der von ihm festgelegten Weise nennen und das Werk bzw. diesen Inhalt auch in veränderter Form nur unter den Bedingungen dieser Lizenz weitergeben.
DOI 10.5446/31870
Herausgeber re:publica
Erscheinungsjahr 2015
Sprache Englisch
Produktionsort Berlin

Inhaltliche Metadaten

Fachgebiet Informatik
Abstract Copyright reform is on the European agenda, the European Parliament has taken its position and it is now the European Commission's turn. This session is about what is good and bad in the Parliament's position, how we got there and what is likely to happen soon.

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