Reda report: the good, the not-so-bad and the ugly compromise amendments

vote for the public domain

Back in April we published our list of the 10 worst and the 5 best amendments to Julia Reda’s draft report on the implementation of the InfoSoc Directive. Tomorrow the Legal Affairs committee (JURI) of the European Parliament will vote on these amendments to the draft report. In light of the upcoming vote and given that Julia Reda has just published the final voting list – including the compromise amendments – it is time for one last round of analysis.

As the name implies, compromise amendments are amendments the different political groups have agreed on as replacements of sets of (often contradictory) amendments related to a specific section of the draft report. Given that they reflect a partial consensus among some of the political groups, they are relatively likely to be adopted. If a compromise amendment (AMC) is adopted, the individual amendments that they replace are automatically rejected. If a CAM is rejected then all original amendments will be voted on individually.

In the following we are taking a quick look at the compromise amendments that deal with the issues we’ve previously highlighted. If you haven’t done so already, you may want to read our initial analysis first.

The Good

Three of our five best amendments have found their way into compromise amendments: AM 264 – which clarifies that what is in the public domain must stay in the public domain (in line with our policy recommendation #5 and with the Europeana Public Domain Charter) – has been subsumed into AMC 6, making it much more likely to be adopted. Having this compromise amendment adopted would be a significant win for the public domain. Continue reading

More licenses are not the solution for text and data mining


Earlier this week  LIBER released a response to the STM Association’s statement about text and data mining (TDM). The STM Association asserts that legal certainty already exists for TDM via publishers’ licences, and that creating copyright exceptions for text and data mining activities would undermine the investment incentives for ensuring that high-quality content is available.

LIBER refutes these claims. First, they say that publishers’ licenses for TDM are not straightforward or easy to understand.

Licences could never be described as simple; they are highly complex and can take months or even years to complete. They often refer to laws in other jurisdictions and in most European countries they can override the flexibilities that exceptions are intended to provide. Many licences explicitly forbid TDM associated activities such as crawling of content and the depositing of data in institutional repositories.

Second, LIBER argues that forcing researchers to acquire licenses to engage in text and data mining will divert investment money away from conducting important research, and instead will be used to pay for license compliance and monitoring activities. Instead, they say that a copyright exception for TDM would actually promote investment, not inhibit it.

An exception for TDM can act as an investment incentive. By implementing the exception for TMD proposed by the Hargreaves review of UK copyright frameworks, the UK government has made a clear statement that legal clarity around activities such as TDM will spur innovation and growth. In the wake of the implementation of this exception tools to support TDM and improve the quality of content have already begun to emerge. Researchers in the UK have developed their own openly available tools for conversion of text files into structured standardised formats.

COMMUNIA strongly supports the notion that “the right to read is the right to mine.” We encouraged the development of clear rules for researchers who must be able to read and analyse all information that is available to them through text and data mining. We are an original signatory to the Hague Declaration on Knowledge Discovery in the Digital Age. And we criticized the development of bespoke licenses, which would create confusion and claim to grant permission to do many things that re-users do not need permission to do.

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,, 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, 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:

(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 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


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


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;

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.