Q: Would it be a correct characterization that a provider who doesn't
want to use upload filters would have to make deals with copyright
collectives in every single member state?
Mvh.
Matthias Smed Larsen
Den 02-07-2018 kl. 11:29 skrev Dimitar Parvanov Dimitrov:
tl;drThis time we will call it a “EU copyright reform special”, so
prepare to read a single-issue report.
This and past reports:
https://meta.wikimedia.org/wiki/EU_policy/Monitor===What the JURI
Committee Adopted: It took the secretariat of the Legal Affairs
committee a while to circulate a consolidated text on what was
exactly adopted. There has been an erratum on Article 11, paragraph
4, but the text is pretty much available now. See - [1]
---
Article 13: Article 13 changes the liability regime for most online
platforms allowing users to upload content by requiring them to sign
deals with any requesting rightholders. Else, the online platforms
must take measures to assure the non-availability of infringing
content. The result of all this is that platforms are directly
liable for their users.
---
Wikimedia carve-out for Article 13:Article 2, paragraph 1, point 4b
defines who falls under the new liability regime. It is sloppily
written, but says “Services acting in a non-commercial purpose
capacity such as online encyclopaedia”. We don’t think only
Wikipedia is exempted, as "online encyclopaedia" is only an example
(“such as”). A bit of an uncertainty is cause the use of the term
“services” rather than “platforms”. But this way GitHub, that has a
non-commercial code sharing service on a platform that also offers
commercial products, can probably also benefit. The issue with this
is, of course, that Wikimedia and GitHub were simply loud enough in
Brussels and thousands of services are probably being forgotten.
---
Article 11:This article requires Member States (and by extension
EFTA countries) to establish a new neighbouring right for press
publishers that lasts for 20 years. So 32 new parallel neighbouring
rights on the internet. <sarcasm>Yey!</sarcasm> The idea is that
news publishers should be able to control the previews shown of
their articles online and demand remuneration for it. In order to
appease some of the criticism the committee tried to cushion the
text by saying that the new right “shall not prevent legitimate
private and non-commercial use of press publications by individual
users” and “shall not extend to acts of hyperlinking”. Both don't go
a terribly long way to appease the masses. We have had the
discussion in the past about sharing a photo of the Atomium on
Twitter - commercial or non-commercial? Probably commercial. Also,
the EU Court of Justice jurisprudence is quite unclear about what a
link constitutes. Only alphanumeric bit.ly <http://bit.ly> like
links, or can it contain the title of the article? Either way,
bibliographies or further reading lists of recent news publications
are covered and would require licensing.
---
(Some) public domain safeguarding: In Article 5 we did manage to get
in a very limited (Cavada!) public domain safeguard that reads as
follows:
Member States shall ensure that any material resulting from an act
of reproduction of material in the public domain shall not be
subject to copyright or related rights, provided that such
reproduction is a faithful reproduction for purposes of preservation
of the original material.
As you may imagine, we were trying to fix or remove the part after
the comma. In the end this half sentence is quite unclear and five
lawyers are telling us five different things about what it would
mean. This is something to grind down during trilogue, but even so,
it at least should solve the Museo Thyssen-Bornemisza copyright
claims on medieval art. [2]
---
No new exceptions:The user-generated content exception was voted
down, although the MEPs, in a demonstration of them not knowing what
they are doing at least some of the time, adopted its recitals. So
was the Freedom of Panorama exception. So no news here.
---
More rights for rightsholders: To emphasise the point, the the
committee majority was solidly on the side of new exclusive rights
but no new exceptions, it adopted some goodies for sports events
organisers:
Article 12 a Protection of sport event organizers
Member States shall provide sport event organizers with the rights
provided for inArticle 2 and Article 3 (2) of Directive2001/29/EC
and Article 7 of Directive2006/115/EC.
And a licensing requirement for image searches:
Member States shall ensure that information society service
providers that
automatically reproduce or refer to significant amounts of
copyright-protected
visual works and make them available to the public for the purpose
of indexing and
referencing conclude fair and balanced licensing agreements with any
requesting
rightholders in order to ensure their fair remuneration.
===
Procedure & next steps: So the Legal Affairs committee adopted a
text and wants to start negotiating with the Council on the final
version (trilogue). But here’s how things will go.
---
5 July Vote:On Thursday the JURI mandate will be challenged in
plenary. One tenth of MEPs can challenge pretty much any decision in
plenary. This will happen and a vote will be held. All 750 members
will vote and a simple majority is enough.
---
If the mandate is confirmed:In this case trilogue meetings will be
held beginning in September. At these meetings representatives of
the Commission, the Council Presidency and the European Parliament
(rapporteur and shadow-rapporteurs) will be hammering out the final
wording. Seen the JURI committee text and the Council text are
already quite compatible, no major changes can be expected.
---
If the mandate is rejected:Then the text will be re-opened in
September (most likely) in plenary and it will be possible to table
and vote on amendments. We would need 10% of the Parliament, so 75
members, to propose an amendment.
---
Final Vote: Regardless of the path taken, a final vote in both
chambers (Council and Parliament) will need to be held to adopt the
Directive text finalised in trilogue. This is expected to happen
December/January. If it takes longer than this, we’ll be getting
very close to elections and risk not finishing the reform within
this legislature (can be bad or good).
===
Wikimedia actions: In the past years and months, but more notably in
the past days several Wikimedia actions have been organised to
prepare for the 5 July vote and voice our issues. Here is a selection:
---
Press Conference in Vienna:Katherine Maher (WMF), Claudia Garád
(WMAT), Dimi (FKAGEU) and Thomas Lohninger (epicenter.works)
organised a press conference on Friday to mark the beginning of the
Austrian Presidency and to get the national press up to speed on
copyright. [3]
---
Banner on Italian Wikipedia:Italian Wikipedia has decided to run a
banner. [4] See it here [5]
---
Banner on English Wikipedia:It looks like the English Wikipedia will
run a somewhat neutrally worded banner on Tuesday. [6]
---
Statement by the Wikimedia Foundation board and the General Legal
Council:The board of trustees of the Wikimedia Foundation has
unanimously adopted a statement on the EU copyright package, saying
that it contradicts our vision and calls for rejection of a mandate
based on the current text. [7] Meanwhile Eileen Hershenov explains
how the proposed text will hurt the web and Wikipedia. [8]
---
Vote in Strasbourg: Expected on Thursday before noon. Three
Wikimedians will be inside the building in the days ahead in order
to meet MEPs and staff to deliver last arguments.
===
What our opponents are saying: Always important to keep an eye on
the opposition.
---
Voss:The rapporteur is saying himself that he is unsure about how
the plenary vote will go. [9] He is even publicly stating that parts
of his own group won’t support him. This is astonishing for the EPP
group, the parliament’s largest and most disciplined one. It could,
however, also be a way to rally the troops.
---
Crying #FakeNews:Meanwhile collecting societies and rightholder
groups have taken to Twitter and personal meetings to say that
upload filters aren’t part of the text, while explaining that upload
filters are already deployed and thus not scary. Ah, and to say that
all the opposition to Article 13 is essentially “fake news”. [9][10]
---
Cultural organisations and their ministries:When the Berlin
Philharmonic starts supporting Article 13 publicly, you know we got
ourselves a big policy brawl. [11] Meanwhile in Austria, all
political groups had stated that they would vote against the
mandate. Then their Minister of Culture sent around a letter to MEPs
urging them to support it. Now the Austrian EPP position seems a bit
more shaky than last week.
---
And the Ministries:
===
[1]http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-%2f%2fEP%2f%2fTEXT%2bREPORT%2bA8-2018-0245%2b0%2bDOC%2bXML%2bV0%2f%2fEN&language=EN
[
2]https://www.museothyssen.org/en/collection/artists/duccio-di-buoninsegna/…
[3]https://derstandard.at/2000082513446/Bundesregierung-wirbt-trotz-FPOe-Kritik-fuer-EU-Urheberrechtsreform
[
4]https://it.wikipedia.org/wiki/Wikipedia:Bar/Discussioni/L%27Unione_Europe…
[
5]https://meta.wikimedia.org/w/index.php?banner=EU_Copyright_Directive_Ital…
[
6]https://en.wikipedia.org/wiki/Wikipedia:Village_pump_(proposals)#Proposal…
<https://en.wikipedia.org/wiki/Wikipedia:Village_pump_%28proposals%29#Proposals_for_wording_of_a_neutral_banner>
[
7]https://meta.wikimedia.org/wiki/EU_policy/Wikimedia_Foundation_Board_of_T…
[
8]https://blog.wikimedia.org/2018/06/29/eu-copyright-proposal-will-hurt-web…
[
9]https://twitter.com/LauKaya/status/1012247706033672192
[
10]https://twitter.com/cepic_sf/status/1008642206423502849
[
11]https://twitter.com/DanielsEuroSky/status/1005149480772096001
[
12]https://twitter.com/michelreimon/status/1012705058184556548
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