Hi there,
from what I can see, we now have a window of opportunity to get heard.
The analysis is out, which is good. Lots of stuff to quote from.
However, the final white paper will take a while, we should not wait
for this. On the contrary, we hear from the commission that they are
still actively negotiating about the whitepaper, both wording and
content.
My advise is to make ourselves heard soon.
Mathias
2014-07-24 10:24 GMT+02:00 Stevie Benton <stevie.benton(a)wikimedia.org.uk>uk>:
Hi Dimi,
Thanks for sharing this. Looks to me like there aren't any surprises in
there. I'd also be interested to know what others think in terms of
responding.
See you all soon,
Stevie
On 24 July 2014 09:08, Dimitar Parvanov Dimitrov
<dimitar.parvanov.dimitrov(a)gmail.com> wrote:
Hello everybody,
The Commission (DG MARKT) published their report on the "Public
Consultation on the Review of the EU Copyright Rules" yesterday [1][2].
I haven't had time to read through the 100 pages in detail, but since the
major struggle is whether the Commission should legislate on more
harmonisation or not and having a universal FoP exception would be an act of
harmonisation, I mined the document for just that.
Pro harmonisation:
Institutional users generally consider that territoriality of copyright
creates problems in particular in the area of exceptions, where a higher
level of harmonisation is needed.
Many respondents consider that market-led solutions have not proven to be
effective and that harmonisation measures
[on collective management] Many respondents also point out that there are
already national systems of identifiers, and that some degree of
harmonisation, standardisation and interoperability could be desirable here.
Institutional users generally support copyright harmonisation which
implies making exceptions mandatory and harmonising their scope to a greater
extent.
A minority of authors and performers would seek a harmonisation or
clarification of the existing exceptions
[Intermediaries/service providers] Many respondents from this group argue
for more harmonisation and legal certainty in the area of exceptions.
Representatives of academia, civil society or think-tanks generally
consider that the optional nature of the exceptions is problematic and that
exceptions should be further harmonised.
Contra harmonisation:
Film producers generally consider that the current EU copyright rules
should not be changed
[Authors/performers] Most respondents in these stakeholder groups are
against any further harmonisation, which they consider would risk a
weakening of copyright protection in Europe at the expense of creators.
Collective Management Organisations consider that the territoriality of
exceptions does not constitute a problem for right holders, businesses or
consumers
Educational publishers and representatives of the software industry warn
that a further harmonisation [...] could undermine the role of licences
Neutral or split on harmonisation:
Academics (depending on the specific question this groups seems divided)
Member States (some want more harmonisation, others want to keep options)
Reminder:
The White Paper (as an answer to which were/are preparing a position
paper) was supposed to be published alongside this document, but was
postponed due to negative opinions by other units of the Commission (namely
DG CONNECT and DG RESEARCH).
The question now is whether we should react to the consultation answers in
some way or wait for the actual white paper or do something in-between (e.g.
publish a position paper before the white paper is published)? Any thoughts?
Cheers,
Dimi
[1]http://ec.europa.eu/internal_market/consultations/2013/copyright-rules/index_en.htm
[2]http://ec.europa.eu/internal_market/consultations/2013/copyright-rules/docs/contributions/consultation-report_en.pdf
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