tag:blogger.com,1999:blog-5574479.post5480359790343495150..comments2024-03-29T06:00:27.896+00:00Comments on The IPKat: BREAKING: EU Commission publishes paper on consequences of Brexit on copyrightVerónica RodrÃguez Arguijohttp://www.blogger.com/profile/05763207846940036921noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-5574479.post-88026254533243631892018-03-28T16:05:10.400+01:002018-03-28T16:05:10.400+01:00Mr Oppenhemer: The government can only implement e...Mr Oppenhemer: The government can only implement exceptions, as you say, outwith the EU framework. Let's say that the UK government wanted to implement a strong pro-user right, such a a wide-ranging fair use exception well beyond that permitted under EU law, or a strong pro-creator right, such as a paring back of fair use provisions expressly permitted under EU law. Both are now possible, whereas before they were partially not, in cases where the EU legislature had competence and/or the ECJ had ruled.Broptimistnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-47865131054104230262018-03-28T13:08:37.910+01:002018-03-28T13:08:37.910+01:00Mr Broptimist, the UK already can and does impleme...Mr Broptimist, the UK already can and does implement new exceptions outwith the EU regulatory framework -see its Text and Data Mining Exception. Brexit doesn't change this situation, so why imply that it does?Charles Oppenheimnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-31467709077625165722018-03-28T12:47:28.414+01:002018-03-28T12:47:28.414+01:00The document relates to a worst-case scenario, and...The document relates to a worst-case scenario, and one that is highly unlikely to come to pass. Most of the negative consequences for UK citizens and entities in the UK can and will be resolved under the Repeal Bill and consequence domestic legilation. The EU institutions can do likewise. Future governments will be able to implement a more or less restrictive IP rights environment as they see fit. The exceptions will be in relation to supply of material, in which a copyright subsists, from the UK to the rEU, that is, for consumption in the rEU. This will mostly be broadcast, streaming or download services. Here, it is most likely that UK rights will be negotiated as a package together with rEU rights, making the point about clearing rights in two jurisdictions moot, although I can see justification for greater granularity for certain content, especially sports.<br /><br />What the paper also leaves out is that the UK will also be able to negotiate rights unions more flexibly outside the UK where there is a domestic requirement to do so, and will be able to implement exceptions or new sui generis rights where doing so would be useful. This might be of great benefit to the creative and content industries, if the UK chooses to follow such a path. Broptimistnoreply@blogger.comtag:blogger.com,1999:blog-5574479.post-48531951226855828542018-03-28T12:11:26.197+01:002018-03-28T12:11:26.197+01:00Why are we persisting with this Brexit nonsense? ...Why are we persisting with this Brexit nonsense? It makes no sense at all.The Grizzlerhttps://www.blogger.com/profile/04020705618163343995noreply@blogger.com