Copywrong website launched: help fix copyright

Today a new website was launched in the amp up to the vote on the Report on the Implementation of the InfoSoc Directive and its amendments on June 16 in the European Parliament’s legal affairs (JURI) Committee. The website aims to mobilise internet users to help save copyright reform at European level, in face of what is described as sabotage. It features a short film that explains in common language why copyright reform needed to make it functional in modern society:

The website, copywrongs.eu, also lists some of the most important amendements that need extra support during the vote. There is much to like on this list, including some reforms that are among our priorities: safeguarding the public domain, harmonising exceptions across Europe or providing a strong educational exception (which does not exist today). The list also includes ending geoblocking and speaks in favor of the right to quote to include video’s and sound recordings.

For more information on what is at stake in the vote, read our blogpost on the 10 worst and 5 best amendements on the Report.

The website was created by Pirate Party MEP Julia Reda (who wrote the Report) together with copy-me.org, a platform that shares information on culture and the information society. The site is available on GitHub for forking.

Why licensing is not always the solution

Last week we took part in a breakfast meeting at the European Parliament under the theme “Why licensing is not always the solution”. The meeting was hosted by MEP Jytte Guteland and co-organised by Communia together with Copyright for Creativity, IFLA, EBLIDA, and LIBER. Our goal was to demonstrate the need for reforms that go beyond licensing-based solutions, and focus in particular on supporting and expanding exceptions and limitations to copyright.

Alek Tarkowski, speaking on behalf of Communia, talked about the importance of exceptions and limitations as one of the building blocks of the Public Domain. As such, they are fundamental for creating breathing spaces within the copyright system, in which public interest goals can be achieved without copyright-related limitations.

The insufficiency of licensing-based solutions was a clear outcome of the “Licenses for Europe” structured debate in 2013. Yet in recent weeks licensing-based solutions have started to resurface in the public debate on copyright. The European Publishers Council pushes for self-regulatory solutions (that is licenses) in its submission to the Digital Single Market consultation. CISAC, in its letter to MEP Reda, goes even further and describes exceptions and limitations as damaging to artists and their families.

It is in this context that we are asking for the European legislator to review the scope of the exceptions and limitations that are currently in force – and which were defined in the InfoSoc Directive almost 15 years ago. We need strong, harmonised, re-imagined exceptions and limitations as a fundamental building block of a copyright system fit for the digital age.

While not the focus of our position paper, free licensing is sometimes seen as a specific case of self-regulation. The success of Creative Commons licensing has been raised in the past as an argument in favor of a focus on licensing-based solutions. We are against such arguments and see free licensing as another founding element of the Public Domain. It is worth reminding in this context the Creative Commons statement in support of copyright reform.

Our position is fully described in our new position paper, “The importance of exceptions and limitations for a balanced copyright policy. ​Licensing alone will not secure user rights”. You can find it, alongside previous statements, in our “Policy Papers” section.

UPDATE: IFLA and Copyright for Creativity have also published posts about the meeting.

Don’t mess with the right to link: Savethelink.org

(Hyper)links are the fundamental building blocks of the web, but the practice of linking has come under attack over the last few years. If copyright holders are able to censor or control links to legitimate content, it could disrupt the free flow of information online and hurt access to crucial news and resources on the web.

While many internet users may take for granted that no one requires permission or is forced to pay a fee to link to another place online. But this isn’t the case everywhere. Copyrighted content holders (including news organizations, media, and entertainment sites) around the world are working to remove the right to free and open linking, and the threat is more present than you may think.

Today a coalition of over 50 organizations (including COMMUNIA) from 21 countries are launching Savethelink.org. The campaign aims to raise awareness about the issue and prompt action to urge decision makers to protect the practice of free and open linking online.

StL banner _800

COMMUNIA representative Lisette Kalshoven, Kennisland Advisor on copyright, heritage and open education, said, “Europe is in danger of limiting access to culture and knowledge by undermining the right to link.” Continue reading

Hague Declaration calls for IP reform to support access to knowledge in the digital age

Today COMMUNIA joins over 50 organizations in releasing the Hague Declaration on Knowledge Discovery in the Digital Age. The declaration is a collaboratively-created set of principles that outlines core legal and technical freedoms that are necessary for researchers. The principles would allow them to be able to take advantage of new technologies and practices in the pursuit of scholarly research, including activities such as text and data mining. The drafting of the declaration was led by LIBER, the Association of European Research Libraries. It was developed through contributions from dozens of organizations and individuals. COMMUNIA is an original signatory to the declaration.

One of the key principles recognized in the declaration is that intellectual property law does not regulate the flow of facts, data, and ideas–and that licenses and contract terms should not regulate or restrict how an individual may analyze or use data. To realize the massive, positive potential for data and content analysis to help solve major scientific, medical, and environmental challenges, it’s important that intellectual property laws–and private contracts–do not restrict practices such as text and data mining. Continue reading

EU Digital Single Market strategy: a starting point for copyright reform

marketnews

Today the European Commission presented an ambitious package of reform proposals known as the Digital Single Market (DSM) Strategy for Europe. Among other topics like ‘Affordable high quality parcel delivery’ and ‘Building the data economy’ the DSM strategy represents the first concrete announcement of upcoming changes to the European Union’s outdated 2001 Copyright Framework.

As part of the strategy the Commission wants to ensure “better access for consumers and businesses to online goods and services across Europe” which “requires the rapid removal of key differences between the online and offline worlds to break down barriers to cross-border online activity”. While at this point the Commission is far from proposing a general overhaul of the copyright system the DSM strategy contains promising language. It also shows that those in the Commission who are looking for meaningful changes to the European copyright rules (led by Vice President Ansip) have managed to keep the upper hand on their more conservative colleagues (led by Commissioner Oettinger) who so far have mainly been interested in expanding copyright and stepping up enforcement.

In terms of concrete copyright reform the Commission is announcing that it will make “legislative proposals before the end of 2015 to reduce the differences between national copyright regimes and allow for wider online access to works by users across the EU, including through further harmonisation measures”. The Commission’s proposal highlights the following areas that the Commission wants to address “ (i) portability of legally acquired content, (ii) ensuring cross-border access to legally purchased online services while respecting the value of rights in the audiovisual sector, (iii) greater legal certainty for the cross-border use of content for specific purposes (e.g. research, education, text and data mining, etc.) through harmonised exceptions,(iv) clarifying the rules on the activities of intermediaries in relation to copyright-protected content and, in 2016, (v) modernising enforcement of intellectual property rights, focusing on commercial-scale infringements”. Continue reading

Reda report: the 10 worst and the 5 best amendments

In January MEP Julia Reda presented a draft report on the implementation of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (a.k.a the Copyright Directive). This draft report has proven to be hugely controversial and as a result 556 amendments (1,2) have been tabled in the Legal Affairs committee (JURI) alone. A helpful overview of the full parliamentary process can be found over at edri.org.

communia_worst_amendments

While the JURI committee is trying to arrive at compromise amendments ahead of the vote on 6 May we thought that it would be useful to highlight the best and worst amendments that have been tabled in reaction to the report. The main criteria for identifying the best/worst amendments are our 2011 policy recommendations and our recent position paper on the on the review of the EU copyright laws. As the vast majority of the amendments are attempting to reverse the positions expressed in Reda’s draft report, the 15 amendments highlighted below can only offer a glimpse of what is at stake. So while we are recommending to vote against the 10 worst amendments listed below, this is by no means a complete voting list as there are many others which are just as bad (and some that are slightly better).

The ten worst amendments…

#1 We don’t care for the Public Domain

AMs 252-257 Constance Le Grip, József Szájer (2x), Angel Dzhambazki, Sajjad Karim, Axel Voss, Therese Comodini Cachia, Eva Paunova, Pavel Svoboda, Marc Joulaud, Giovanni Toti, Luis de Grandes Pascual, Rosa Estaràs Ferragut, Sabine Verheyen
6. Calls on the Commission to safeguard public domain works, which are by definition not subject to copyright protection and should therefore be able to be used and re-used without technical or contractual barriers; also calls on the Commission to recognise the freedom of rightholders to voluntarily relinquish their rights and dedicate their works to the public domain;
delete

Easily the worst amendment (or rather set of amendments, since there are multiple identical versions of this one) is AM 252 that proposes to delete Paragraph 6 of the draft report.This paragraph calls on the Commission to safeguard the Public Domain and to recognise the freedom of rights holders to voluntarily relinquish their rights and dedicate works to the Public Domain. At least the first part of the original paragraph should be something that every participant in the discussion about the future of the EU copyright rules can agree with, unless there are really people who want to ensure that all culture and information is privately owned. Continue reading

Expand Public Domain and User Rights: COMMUNIA position paper on copyright reform

We are publishing today our position paper on copyright reform in Europe (PDF), as a statement in the ongoing debate that focuses on the reform of the Information Society Directive.

Our position is based on the 14 policy recommendations that are at the heart of our organisation, as well as on our previous policy documents. We start by defining three basic principles:

  1. Exclusive rights should be limited.
  2. The public domain should not be eroded by legal or technical means.
  3. Limitations and exceptions to copyright should continue playing their role of adapting copyright to technological changes.

Based on them, we formulate 12 positions on  the EU copyright framework reform. We will be using them as guidance for our own advocacy work – but we present them also as recommendations for policy makers.

These positions are result of a discussion on ways of translating a general principle of defending and expanding the public domain into recommendations that fit onto current policy debates in Europe.  In this light we are pleased to see that the majority of our positions have been covered by MEP Reda in her draft report on the implementation of of the InfoSoc directive.

London Manifesto: Copyright has to be fair

“We are calling for fair copyright that is fit for purpose and will benefit every European citizen” – that is the main message of the newly published manifesto, drafted by the Libraries and Archives Copyright Alliance (LACA), convened by the British Chartered Institute for Library and Information Professionals (CILIP). The London Manifesto is one more voice in support of a progressive copyright reform, raised in the ongoing European debate on copyright.

The London Manifesto (PDF) defines, in ten points, reforms that are necessary in order to make copyright fair for all stakeholders. These include:

  • Harmonised exceptions: Harmonisation and uniform application of copyright exceptions across all EU member states so that they apply regardless of media or technology.
  • Open norm: The addition of a new “open norm”, an open-ended exception subject to the three-step test, to avoid the current situation where European creativity and research cannot immediately benefit from technological innovations because copyright legislation is slow to catch up.
  • Right to lend: An automatic “right to lend” for libraries, to include the right to lend all digital media, including transferring digital files for a limited period.
  • Right to mine: An automatic right to perform computer analysis of copyright works for libraries, archives or their users whenever they have lawful access to the content. This recognises that the right to read includes the right to mine.
  • Mass digitisation: An automatic right for libraries, archives and museums to mass digitise their commercially unavailable research collections, and give online access across the whole of the EU without liability to compensate rightholders.
  • Standardised terms of protection for copyright: Swift and complete harmonisation of copyright durations across all member states.

The manifesto has been signed by 30 libraries and library associations, research institutions and organisations, including Communia.

The concept of a copyright system fair to all is an important one, and points to the need of more than just a balance of copyright norms. Fairness needs to be secured for all stakeholders, including those who are not in a privileged position in the copyright debate. We treat the manifesto as one more voice that opposes growing pressure from the cultural industry lobbyists, who believe that copyright reform should only serve to strengthen protection and increase financial gains for copyright owners.

Lisbon Council report shows economic value of flexible copyright

Lisbon Council has published the “2015 Intellectual Property and Economic Growth Index”, which aims to provide evidence for impact of different copyright regimes on economic growth. Positive relation between flexible copyright regimes and economic growth, including in the creative sectors, is the main finding of the report.

Paul Keller, from our member organisation Kennisland, has written an opinion about the report. Paul writes that:

[the report] does make one thing very clear: at least in aggregate, broader and more flexible exceptions and limitations to copyright do not undermine the ability of rights holders to generate income from their rights. In addition, countries with more flexible systems fare much better where it comes to growth of their ICT sectors. In other words, adapting the EU copyright rules by making them less restrictive and more flexible will in all likelihood not result in the collapse of the creative industries in the EU. Instead, such a move can be expected to have a positive impact on the economy of the EU.

Paul’s opinion is available on the Kennisland blog. The report is available at Lisbon Council site.

COMMUNIA position paper on EU Digital Single Market

The aim of this position paper is to respond to the call made by European Commission to open public discussion on digital single market and its expected shape in the coming years.

We fully agree with President Juncker that we need to “break down national silos in copyright”. As was noted by President Juncker in his opening statement, one of the challenges standing in front of the Digitial Single Market is a modernisation of the  copyright rules in the light of the digital revolution and changed consumer behaviour. We fully support this position, which considers copyright a fundamental regulatory mechanism for a modern economy.

The current system of IP protection is not only over-complicated, but also unclear to all its stakeholders. Thus one of the goals of this modernisation should be a simplification of rules, and in particular a harmonisation across Member States and jurisdictions. Typically, harmonisation is mentioned with regard to territoriality and market fragmentation that affects commercial content. We want to point out that it is just as important to harmonise copyright rules that create freedoms for public institutions, certain uses beneficial to society (for example, educational and research uses) or for individual citizens.

These issues are often, wrongly, seen as of secondary importance, because of the fact that they are exceptions, functioning largely in non-market environments. Yet in the context of the Digital Single Market it is necessary to point out that there is also significant economic potential related to these user freedoms – for example in areas related to education, research or health care, not to mention SMEs and entrepreneurs. Proper copyright exceptions and limitations lead not only to greater user freedoms, but are also themselves significant added value. A broadly understood public domain is in this aspect similar to Public Sector Information, which is well understood in Europe to be a raw material, on which added value is created through re-use (provided that we provide adequate reimbursement to right holders where necessary and protect privacy and personal data).

Due to a lack of such harmonised exceptions across Europe, we not only miss out on potential economic and social gains. Different legal rules between Member States lead to uncertainty for anyone attempting to engage in cross border activities. Massive open online courses (MOOCs) are but one example of educational enterprises that could benefit from greater legal clarity in this regard.

For those reasons, we urge the Commission to expand and adapt current copyright exceptions and copyright limitations so that they serve public benefit in the digital, online environment. Furthermore, we ask that the Public Domain, a body of knowledge and heritage that can be freely used, is protected, strengthened and widened. We also believe that an open provision that ensures flexibility with regard to digital technologies and social practices should be introduced to support innovative business and civic developments. The following pillars could be the base for Digital Single Market reforms:

1. HARMONISATION OF EXCEPTIONS AND LIMITATIONS. Europe should harmonise exceptions and limitations of the Copyright Directive among the Member States and open up the exhaustive list so that the user prerogatives can be adapted to ongoing technological transformations. The limited list of Exceptions and Limitations established by the Copyright Directive restricts the possibilities to adjust the copyright system to the rapid pace of technological innovation that shapes how we interact with copyright-protected works. This not only limits the abilities of citizens to gain access to our shared culture and knowledge but also imposes restrictions for innovative business models, and as a result, economic growth. In the absence of open-ended exceptions such as a fair use clause it is imperative that exceptions and limitations can be adjusted to the needs of society at large and innovative economic actors in particular.

2. TERM OF PROTECTION. The term of copyright protection should be reduced. The excessive length of copyright protection combined with an absence of formalities is highly detrimental to the accessibility to our shared knowledge and culture. There is no evidence that copyright protection that extends decades beyond the life of the author encourages the production of copyright protected works. Instead, there is compelling evidence that the requirement to obtain permission for works by authors that have long died is one of the biggest obstacles for providing universal access to our shared culture and knowledge.

3. REGISTRATION. In order to prevent unnecessary and unwanted protection of works of authorship, full copyright protection should only be granted to works that have been registered by their authors. Non-registered works should only get moral rights protection. One of the unintended consequences of the near universal access to electronic publishing platforms is an increase in the amount of works that are awarded copyright protection even though their authors do not require or desire such protection. This extension of protection threatens to undermine the value and effectiveness of protection for works where copyright protection is necessary and desired.

4. LEGAL UNCERTAINTY. As a prerequisite for unlocking the cultural, educational and economic potential of the public domain, identification of works in the public domain should be made easier and less resource-intensive by simplifying and harmonizing rules of copyright duration and territoriality. The rules for establishing the duration of the term of protection of individual works have become so complex that it is almost impossible to establish with certainty whether a work is protected by copyright (including all neighboring rights) or whether it is in the public domain. This complexity in the system makes it very difficult to automatically calculate the status of a work. Two factors have contributed to this situation: the divergence of legislation between the different Member States, and a large number of (national) exception clauses. This situation can only be remedied by intervention on the European level, preferably by simplifying the rules and harmonizing them across Europe. The work on public domain calculators has highlighted the incredible complexity of copyright term rules which makes it very difficult to determine the copyright status of individual works. This means that one of the biggest obstacles to positively identifying public domain works (and thus unlocking their cultural, educational and economic potential) lies in the cumbersome process of determining the term of copyright protection.

5. DIGITAL REPRODUCTIONS. Digital reproductions of works that are in the public domain must also belong to the public domain. Use of works in the public domain should not be limited by any means, either legal or technical. The Internet enables the widespread re-use of digital reproductions of works of authorship whose copyright protection has expired. The public domain status of these works means that there is no owner of the works who can impose restrictions on their re-use. At the same time the owners of the physical works (such as heritage institutions) often feel that they are entitled to control over digital reproductions as well and that they can impose restrictions on their re-use. However, digitization of public domain works does not create new rights over it: works that are in the public domain in analogue form continue to be in the public domain once they have been digitized.

6. PUBLIC FUNDING OF DIGITIZATION PROJECTS. Digitization projects that receive public funding must at the minimum ensure that all digitized content is publicly available online. Allowing for the free redistribution of digitized content should be considered since it is beneficial for the sustainability of the access to digitized cultural heritage. When public funding is used for digitization projects it needs to be assured that the public benefits from these efforts. At the minimum this means that digital versions need to be available online for consultation by the public that has paid for the digitization effort. Public funding bodies should prioritize digitization projects that will increase the amount of our shared and culture that is available to the public. Memory institutions that receive public funding should consider making available digitized collections with as little restrictions as possible. Free availability of collections which includes the free redistribution and re-use of the digital artifacts will result in wider availability and reduce the risks inherent to centralized storage.

We would like to express our true devotion to support the above mentioned recommendations.

Since the European Commission encourages also sharing of graphical and multimedia elements, we would also like to submit a set of thematic postcards. Each one combines a treasure of European cultural heritage with one of our policy recommendations. The postcards are available here.