On 13 October 2020, the German Ministry of Justice and Consumer Protection (BMJV) published a draft bill for a law to adapt copyright law to the requirements of the digital internal market.
It is possible to comment on the draft until 6 November 2020.
Two changes for the better have been spotted in the second draft:
- The new exception for “pastiche” is now a remunerated exception via a CMO
- If the pre-flagging (of content allegedly protected by an exception) was wrong, the online platform must compensate the right holder accordingly
However the new exception for “minor usages” (“Bagatelschranke”) – that means for photos with less than 250 KB – is still considered to be for free sharing, with no remuneration of the rightholders.
In the meantime, a coalition of creative content producers has taken a strong stand against the draft implementation proposal – CEPIC’s member BVPA is part of the coalition.
“Criticism of the draft was voiced on Wednesday in a statement issued by the umbrella organisation of private audiovisual media “Vaunet”, an alliance of associations and institutions of rights holders.”