Brussels : The DSM Directive in progress …

Activity in first half of 2017 is very high as consultations on the Directive on Copyright in the Digital Single Market progress. This article provides an up-date. The most important documents and links are provided in this Post.

BACKGROUND: In September 2016, the European Commission published the Draft Directive on Copyright in the Digital Single Market, Click Here
CEPIC was part of the consultations at the European Commission, with several meetings and interviews taking place at and with the Copyright Unit. CEPIC outlined the issues put foward in the CEPIC White Paper for the Protection of Images Online : Framing, Platform Liability, Implied ConsentClick HERE

In 2016, CEPIC was heard at two hearings on the issue.
 Hearing on Platform Liability in March 2016 – Copyright sub-group of the legal Commission of the European Parliament (Chair: Jean-Marie CAVADA), Click HERE
- Public hearing of the legal commission of the European Parliament (rapporteur: Therese COMODINI) – Presentation is available on the website of the European Parliament, Click HERE

The draft Directive fells short of addressing the framing loophole but does clarify the platform liability regime. For CEPIC’s reaction at the release of the Copyight Package, Click Here

NEXT STEPS: The European Parliament

The draft Directive will be presented for vote at the European Parliament in 2017.

The Legal Affairs Committee (JURI) will report on the Directive and provide amendments. Two other committees, the Committee for Culture (CULT) and the Committee for Consumer and Internal Market (IMCO) deliver a non-binding Opinion.

CULTure: Draft Opinion Marc Joulaud (FR)

Tabled amendments include the exclusion of search engines from provisions seeking to fix the “value gap”, introduce UGC exceptions and panorama exception for non commercial usages.

Deadline for sending amendments was 07. March

1) CEPIC sent the attached letter, together with amendments, to Mr. Joulaud on Friday 24 February (ahead of meetings of the CULT and JURI commissions on Tuesday 28 February).

2) For joint letter of the “Value Gap core group” to CULT, click here

3) For joint letter of  Creativity Works! to CULT, click here

4) GESAC and EVA also asked CEPIC to so-sign the attached letter. However, we decided to abstain on the ground that although the panorama exception put forward by Marc Joulaud would strengthen the position of online platforms, it is not worded in a way to prejudice the interests of picture agencies or, for that matter, photographers.

  • IMCO (Consumer and Internal Market) Draft Opinion Catherine Stihler (UK)

The draft opinion is strictly pro-consumer, and as such, very inbalanced. Ms. Stihler did not reply to requests for meeting sent by CEPIC in December and January. The tabled amendments (proposing new exception for UGC, deleting of all rightholders friendly propositions, extension of exceptions) would strengthen online platforms and their abuse of copyright uploaded content.

Deadline for sending amendments is 23. March

  • Draft Report Therese Comodini (MALTA), first details released

The following joint letter was sent to Ms.Comodini ahead of her closing the drafting of her Report.

Letter to Rapporteur Comodini on the Transfer of Value

On 08 March, Ms. Comodini released details on her – not yet published – draft  report in POLITICO. A copy of the proposed amendments was circulated amongst stakeholders in Brussels.

Although Ms. Comodini has expressly stated on several occiasions that she wishes to establish a level playing field between rightholders and online platforms and facilitate licensing online, this view is not reflected in the Report which does nothing but confirm the jurisprudence of the CJEU. The IPKat provides the following summary HERE

Goal: work out, if possible, common amendments with publishers (EPC) and collecting societies for visual arts (EVA).

Deadline for sending amendments (following this timeline) is 30. March