Reda posted the following unofficial consolidations last night:
Article 11:
https://juliareda.eu/wp-content/uploads/2019/02/Art_11_unofficial.pdf
Article 13:
https://juliareda.eu/wp-content/uploads/2019/02/Art_13_unofficial.pdf
In respect of Article 11, it does provide that:
"3. Articles 5 to 8 of Directive 2001/29/EC and Directives 2012/28/EU
and (EU) 2017/1564 shall apply mutatis mutandis in respect of the rights
referred to in paragraph 1."
-- that includes the Art 5 exception for purposes such as criticism or
review, which I would have thought on most readings of the Berne
Convention would comfortably include citation. The purpose of the Art
11 is to give news publishers the same rights as authors, not more
rights, so it shouldn't affect our (or anybody else's) ability to cite
news articles to any greater extent than existing copyright law affects
our ability to cite chapters of books.
There's also a provision that
"1. ... These rights shall not apply to private or non-commercial uses
of press publications carried out by individual users."
So yes, this would affect commercial services run by individual users.
It's unlikely anyone would take action against individual blogposts; but
if someone was systematically summarising newspaper content on a
monetised blog or website, then conceivably that might catch somebody's eye.
One question is whether there is any interaction between Art 11 and Art
13 -- conceivably the blogging platform would need licences under Art 13.
I think Art 13 probably does apply to the likes of Scribd or
academia.edu; but possibly not to a general blogging platform which is
not "organising and promoting" "large amounts of protected subject
matter" as "one of its main purposes"
-- James
On 13/02/2019 20:34, Jan Ainali wrote:
I hope she summarized article 11 wrong, otherwise it
is *really* bad : "No
exceptions are made even for services run by individuals, small companies
or non-profits, which probably includes any monetised blogs or websites."
Jan Ainali
http://ainali.com
Den ons 13 feb. 2019 kl 21:13 skrev Anna Mazgal <anna(a)wikimedia.be>be>:
> Reda’s summary while waiting for the text:
> ttps://juliareda.eu/2019/02/eu-copyright-final-text/
> Looks bad.
> Anna
>