Last month, we held the first edition of our Copyright Directive Webinars, aimed at explaining the different provisions of the new Copyright Directive and making suggestions on what to advocate for during the implementation process of those provisions at a national level, to expand and strengthen user rights. We’ve now released the presentations and video recordings of the webinars.
As you know, many countries are now speeding up with the process of implementation of the Directive – you can find below a short summary of what’s going on.
EU implementation – country updates from last weeks
Germany’s Ministry of Justice unveiled its proposal to implement Article 17 of the new Copyright Directive. The discussion draft sets an example for the other Member States on how to make the user rights safeguards in Article 17 operative, and we strongly suggest that you look into the detailed analysis that we published in our blog. This is what is being proposed, in sum:
- Making it easier for platforms to comply with the “best efforts” obligation to obtain authorization to publish their users’ uploads;
- Introducing a new exception covering minor uses of copyrighted content, which works as a fallback mechanism in the absence of authorization;
- Allowing users to override blocking/removal actions, by pre-flagging lawful uses;
- Allowing lawful content to stay up until human review and pausing the liability of platforms until a decision has been made;
- Sanctioning abusive behavior by platforms, rightholders, and users.
We have organized a webinar on this topic, which you can watch here.
Former MEP Julia Reda has published a two-part comment on this on the Kluwer Copyright Blog, including a discussion of the strengths and fragilities of this proposal, which is the first one to actually attempt to avoid over-blocking of content. (Part 1, Part 2)
At the beginning of July we heard that the French Government would try to pass the implementation of Article 17 via an administrative decree as part of a law that implements various EU directives (Ddadue law), to speed up its adoption (and sidestepping substantial discussion in Parliament). On July 8th the first reading of the Ddadue law took place in the French Senate, and the proposed amendment to grant the Government the power to implement the provisions of the Copyright Directive by way of ordonnance (Amendment 23) was unanimously supported (in the adopted text article 24bs is the one authorizing the French Government to implement the Copyright Directive). The executive orders to transpose Articles 2 to 6 and 17 to 23 of the Copyright Directive will have to be issued within six months of the adoption of the law, and the executive orders for the remaining provision have to be issued within 12 months. The National Assembly still needs to approve the Ddadue law. The law was forwarded to the Assemblee Nationale for adoption. Continue reading