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Thursday, 1 September 2016

SUPER KAT-EXCLUSIVE: Here's text of draft Communication on promoting a fair and efficient European copyright-based economy

The pieces of the (copyright) puzzle are being composed day after day. 

After the leaked draft version of the Commission Staff Working Document - Impact Assessment on the modernisation of EU copyright rules and yesterday's Kat-exclusive draft version of the forthcoming Directive on copyright in the Digital Single Market, today - thanks to another Katfriend - is the turn of the draft Communication from the Commission on Promoting a fair and efficient European copyright-based economy in the Digital Single Market.

The Communication, together with the Impact Assessment, the Directive, and a proposal for a Regulation [leaked here] containing a review of the SatCab Directive [here and see further below] should be part of the copyright package that the Commission will unveil later this month.

A new Regulation

This new Communication will accompany the Directive on copyright in the Digital Single Market, and also "a proposal for a Regulation laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programs".

More specifically, the rules in the forthcoming Regulation, "inspired by the ones existing in the Satellite and Cable Directive [ie the principle of country of origin], will make the clearance of rights simpler and faster for certain online services by broadcasters as well as IPTV and similar re-transmission services. These rules should be seen as a facilitating mechanism to help the evolution of the market and provide better access to works across borders in order to promote consumer choice, dissemination of European productions as well as cultural diversity." [and possibly also assimilate OTT services to traditional broadcasters ...]

Freedom of panorama ... to be left to Member States

The draft Communication also tackles the content of the Directive on copyright in the Digital Single Market and, in relation to exceptions and limitations, it states that "[f]ollowing up on the analysis of the [still unknown] results of the public consultation on the "panorama exception", the Commission confirms the relevance of this exception. 

While the Commission does not intend to make it mandatory at this stage, it "strongly recommends all Member States to do so."

'Ancillary copyright' and value gap

With regard to the new right in publications envisaged by the draft Directive on copyright in the Digital Single Market [Article 11], the draft Communication states that this "will give news publishers legal certainty and additional bargaining power in relation to online services using and enabling access to their content."

With regard to the so called 'value gap' [addressed by the draft Directive in Article 13 and Recital 39], the measures envisaged "will also reinforce the position of right holders to negotiate and be remunerated for the online exploitation of their content by online services storing and giving access to large amounts of content uploaded by their users".

Fair remuneration for authors and performers

With regard to this issue [addressed fairly loosely in the draft Directive, to be honest], "authors and performers will benefit from increased transparency on the exploitation of their works and performances and from improved capability to receive appropriate remuneration".

Online IPR enforcement

In relation to this issue, the draft Communication clarifies that, further to the presentation of the outcome of its evaluation in Autumn 2016, the Commission will propose "the necessary amendments to the legislative framework" in due course.

Finally

The draft Communication announces that the Commission will work towards ensuring a wider access to online dissemination of European works, and a more competitive and sustainable European audiovisual industry.


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The text of the draft Communication is available here.

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