On his blog just before Christmas, Vice President Ansip made a case for a simple copyright law for education to help Europe’s teachers and students. While we can only support a simple copyright law that supports education instead of making it harder for educators to teach, the Commission did not propose such a solution in the directive. The Commission has limited the new exception to official ‘educational establishments’ and has written a preference for licenses over the exception in the text. By doing so they are leaving important parts of education behind.
Leaving important players behind
Ansip writes about the important transition from solely physical education to embracing digital technologies. In the process, the patchwork of exceptions to copyright for educational purposes across Europe blocks much innovation in education:
Unfortunately, there are many differences around Europe in how these exceptions are applied, especially when it comes to using copyright-protected material in digital or online teaching activities.
Digital technologies are transforming the teaching and learning environment. They are being used more and more throughout education: laptops in the classroom to show video clips, interactive whiteboards to display webpages, for example.
But current EU law does not properly address digital’s significant presence and influence in the learning environment. It needs to catch up.
This makes it strange that the Commission’s definition of ‘learning environment’ is so limited to official educational establishments in the proposed directive. Education is understood today as a lifelong process that is conducted by a multitude of institutions, and even learners themselves. This was noted in the Commission Communication ”Making a European Area of Lifelong Learning a Reality” and the subsequent Council Resolution of 27 June 2002 on lifelong learning. Yet, when defining copyright law, the European Commission fails to embrace its own lifelong learning approach by limiting the potential beneficiaries of the proposed exception to ‘educational establishments’.
In doing so, the proposed exception will leave unharmonised the digital uses for educational purposes made by other individuals and organisations, such as the great value that museums, libraries, archives, professional associations, and civil society organisations give to education. Think for example of education about the dangers of drugs that civil society organisations provide for teenagers, or the great educational programmes of libraries that help Europeans embrace their local culture. This limitation would also exclude employees, apprenticeships and practical learning as vocational education at their company, which is a key part of Europe’s lifelong learning goal.
Can we make copyright serve users better? We asked several copyright policy experts from civil society organisations for their view on the current copyright reform: what are the biggest hopes, the biggest fears and their concrete plans to improve the current copyright regime to fit our digital society? Film maker Sebastiaan ter Burg created the video below to share their answers:
The video was recorded during the event Copyright Reform: Unlocking copyright for users co-organised by COMMUNIA and EDRi and co-hosted by MEPs Therese Comodini Cachia and Carlos Zorrinho.
We would like to thank Diego Naranjo (Edri), Raegan MacDonald (Mozilla), Dimitar Parvanov Dimitrov (Wikimedia), Ruth Coustick-Deal (OpenMedia), Till Kreutzer (IGEL) and Gwen Franck (Creative Commons) for their contribution to this video.
This week COMMUNIA founding member Kennisland launched CopyrightExceptions.eu, a website that collects information related to the national implementation of 22 exceptions and limitations to copyright in the EU Member States. CopyrightExceptions.eu provides much needed clarity of the current patchwork state of implementations of the exceptions open to Member States.
Exceptions represent the user rights in EU copyright
While over the years a number of studies have been undertaken to provide insight into the state of implementation of the possible exceptions, there was no easily accessible, up-to-date information resource about user rights across the European Union. In the past few months Kennisland collected and combined the information it could find from multiple sources and had the results reviewed by national experts. Information was gathered about whether an exception is implemented and whether the exception requires remuneration. The tool also includes links to national acts and any other comments on the specifics of the implementation.
User rights are not looking good
While the Commission, based on the recently leaked impact assessment and dito draft directive, aims to solve parts of this non-user friendly patchwork, it is not looking good. The draft directive provides for only a limited TDM exception that will scare away data start ups, and strange licensing requirements in a new additional exception for education. It also doesn’t do much to harmonise important exceptions for the daily lives of citizens (such as freedom of panorama), or cultural heritage institutions (to make out-of-commerce works available). We don’t feel that the forthcoming directive will at all champion a true ‘Digital Single European Market’.
Kennisland, and COMMUNIA with them, believes that a single market means that we need to ensure that all participants in that market have the same rights: rights of creators and rights of the user, and equal in all member states. The directives unfortunately do not require the same harmonisation for user rights as it provides to rights holders.
We need a better harmonised copyright for users in Europe, and we urge you to use CopyrightExceptions.eu to experience for yourself how diverse the landscape of exceptions is, and how far we still have to go.
In anticipation of the EU Commission’s copyright reform proposal (and just in time for the confirmation that the Commission’s plans will be everything but forward-looking), our friends at Mozilla have launched a new copyright reform campaign. They are taking this step because “it’s time our laws caught up with our technology.”
The campaign focusses on issues which have traditionally been dear to Mozilla, such as online learning, creative expression and innovation. Therefore, the three main strands where Mozilla wants to see an update of the current EU copyright rules (our summary) are:
- Update EU copyright law for the 21st century The EU’s current copyright laws were passed in 2001, before most of us had smartphones. We need to update and harmonise the rules to create room to tinker, create, share, and learn on the Internet. Education, parody, panorama, remix, and analysis shouldn’t be unlawful.
- Build in openness and flexibility to foster innovation and creativity Copyrighted works are remixed, reimagined, and reused in new and creative ways every day. These elements build on existing ideas in a way that breathes new meaning into old content.
- Don’t break the Internet Some people are calling for licensing fees and restrictions on Internet companies for basic things like creating hyperlinks or uploading content. Others are calling for new laws that would mandate monitoring and filtering online. These changes would establish gatekeepers and barriers to entry online, and would risk undermining the Internet as a platform for economic growth and free expression.
Sign the petition!
All of these issues are ignored by the leaked Commission’s Impact Assessment. This makes Mozilla’s campaign timely and relevant. We fully agree with Mozilla’s efforts to update and fix copyright and urge you to take a look at the Mozilla Campaign and sign the petition.
We happily invite you to the event Copyright Reform: Unlocking copyright for users? that will take place on September 8 in Brussels. The event is hosted by MEP Therese Comodini Cachia and MEP Carlos Zorrinho, and co-organised by COMMUNIA and EDRi.
Join us to discuss key aspects of the current EU copyright reform including the freedom to use copyrighted works (exceptions and limitations) as well as some of the failures of the existing legal framework (copyfails). After the event we invite you to lunch in Jan 3q Brasserie.
Copyright Reform: Unlocking copyright for users? – agenda
11:15 – 11:20 Introduction
Anna Mazgal, Communia
11:20 – 11:25 Welcome
MEP Therese Comodini Cachia (EPP)
11:25 – 11:35 How to understand the L&E practice better?
Launch of copyrightexceptions.eu – Maarten Zeinstra, Kennisland
11:35 – 11:45 What doesn’t work?
The #copyfails and ways out of the copy mess – Diego Naranjo, EDRi
11:45 – 11:55 What works?
Presentation of the Best Case Studies – Teresa Nobre, Communia
11:55 – 13:00 Questions and discussion
facilitated by Anna Mazgal, Communia
13:00 – 13:05 Commentary
MEP Carlos Zorrinho (PASD)
13:05 – 13:15 Closing remarks
MEP Therese Comodini Cachia (EPP)
13:15 – 14:00 Lunch
Brasserie Jan 3q Continue reading
Last January, COMMUNIA invited creators to share thoughts about their relationship with the public domain. They spoke at the Public Domain Day 2016 event we organised in the European Parliament, hosted by MEP Julia Reda. We learned from their experiences that copyright can be perceived as a hurdle for creators, that sharing your work into the public domain can make businesses grow, and that the reuse of materials of which the copyrights have expired can lead to beautiful new things happening.
Sebastiaan ter Burg made a great video about this event. Watch and learn how a stronger public domain can foster culture and innovation in Europe:
2016 promises to be a crucial year with regard to the future of the public domain. Later this year the European Commission will—for the first time in over 15 years—propose changes to the EU copyright rules. This provides the opportunity to adopt policies that will strengthen the public domain. You can read more here on how COMMUNIA thinks that can be done.
Join us on January 25th in the European Parliament to celebrate Public Domain Day. This day falls on the first day of the new year and marks the term of copyright protection on creative works.
This new state for cultural works means that they are now free to be reused for new cultural, commercial, educational and innovative practices. During the lunch-event in the Members Salon we will talk about the value of the public domain in fostering Europe’s innovation capacities, by inviting creators to share how they use public domain works in their businesses and approach copyright.
Speakers include our host in the European Parliament Julia Reda (MEP, The Greens EFA – Germany), Alek Tarkowski (Director Centrum Cyfrowe), Paul Keller (Director Kennisland).
Please RSVP for this event to Lisette Kalshoven at email@example.com
For more details please refer to the official invitation.
Last week’s Communication from the Commission did not explicitly state that they plan to introduce ancillary copyright in Europe, but it was very easy to read between the lines. Research in Spain has shown (and again in Germany) that ancillary copyright is good for no-one, so the echoes from the Commission about considering the introduction of an ancillary copyright was a cause for concern by over 80 MEPs. Together they wrote a letter to the Commission, stating:
While the Communication is taking great care in remaining non-committal in nature and open-ended towards the results, both the setting and supplementing references in chapter 4 are directly and unequivocally pointing towards the first steps towards the introduction of an ancillary copyright for the benefit of press publishers. The European Parliament has on many occasions positioned itself against the introduction of such an ancillary copyright. We urge the Commission to remain focused on a reform of copyright rules that strengthens the European Digital Single Market, fosters creativity and research while being aware of the dangers of undermining the foundations of one of the greatest revolutions in Information Technology.
Contrary to the suggestions in the Communication, there is no ambiguity in the interpretation of EU copyright rules with regards to content that is both legal in nature and freely accessible on the Internet. Sufficient clarity has been achieved with the judgement of the Court of Justice of the European Union in the Svensson case.
We wholeheartedly agree with the concern expressed by the MEPs, which include signatories Vicky Ford (ECR), Julia Reda (Greens/EFA), Marietje Schaake (ALDE), and Josef Weidenholzer (S&D).
It is essential that we share the views of the public on ancillary copyright and other issues and questions with regard to copyright reform in Europe. You can so so until the end of the month via http://youcan.fixcopyright.eu/.
COMMUNIA has opened a new line of communication: copyright untangled where we discuss copyright and education. The aim of the series is to provide context on the state of play on copyright and education in the EU, while keeping it understandable for people who are not very familiar with copyright law, the legislative process or the workings of European politics. Our goal is to explain why copyright needs to become “untangled”, if we want it to be fit for modern education. Besides pieces on copyright reform we also discuss innovations in education in relation to copyright, issues such as open education or digital and media literacy, and will conduct interviews with teachers who share their experiences.
We will post a new piece on Copyright Untangled every two weeks, written by either the COMMUNIA members who also write on this website, and also guest authors who provide a new perspective on their area’s of expertise: education, innovation and copyright. To give an example, Adam Karpiński has written about principles we need to keep in mind when we think of a new education exception for Europe. Natalia Mileszyk has written on the open education movement and a future post will discuss the commercial or noncommercial nature of education today.
You can follow the copyright and education series via https://medium.com/copyright-untangled
This post was written by Lisette Kalshoven and Katarzyna Rybicka.
Fifteen years ago, the explosive growth of the file sharing network Napster changed the music industry forever. It was a simple response to the difficulty of finding, downloading and sharing music over the web. Since then, policy makers and stakeholders have been trying to resolve the ongoing challenge of unauthorised copying, without much success. In many instances copyright enforcement turns out to be either ineffective, or is applied in such a way that violates fundamental rights such as the right to information, freedom of expression or privacy and protection of personal data.
Last Saturday in Amsterdam, the renowned institute for research on intellectual property rights, IViR (Institute for Information Law) held a symposium on Alternative Compensation Systems (ACS) for cultural goods. An ACS can be described as a legal mechanism which permits the reproduction, downloading, sharing and sometimes even modification of copyrighted works. This can be done without the need for an opt in from users (mandatory ACS) or with an opt in (voluntary ACS), but with both options giving compensation to the creators and copyright owners of those works.
The IViR researched the non-commercial use of cultural goods online for two years. The results suggest that consumers are dissatisfied with the existing legal access channels. As a consequence, different forms of ACS were supported by the majority of the Dutch population questioned. Continue reading