[Advocacy Advisors] Copyright Consultation - answers published

[Dimitar Parvanov Dimitrov]

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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