Is the Bulgarian Article 13 Compromise a French affair?

Kaart van de Balkan
Bulgaria should oppose censorship filters!

The Bulgarian EU Presidency is under immense pressure to move the copyright reform forward. Yet it seems like the country is too timid to defend its own interests. A new campaign kicked off in Sofia to try and change that.

Somewhere far out in the uncharted backwaters of the unfashionable end of the EU lies a small unregarded country—Bulgaria. In 2018 this Member State will not only be known for resonant voices and rampant corruption, but also for its prominent role in the EU copyright reform. While it holds the rotating Presidency of the Council of the EU it is up to the Bulgarian government to propose new compromises and bring the discussion forward in order to reach a common position between Member States.

But the Council is not Bulgaria’s only copyright stronghold at the moment. The reform falls in the competences of the country’s Commissioner Mariya Gabriel, and 10% of the votes in the lead European Parliament committee (Legal Affairs) are to be cast by MEPs from parties currently making up its governing coalition.

The Bulgarian Compromise, a French Affair?

At the end of 2017 the Council negotiations hit somewhat of a stalemate and the Estonian Presidency was forced to give up, unnerved after trying for months to square the circle between the content industry’s bold demands and fundamental rights for users and the public.

Apparently the Bulgarian Presidency decided to kick 2018 off with a fresh approach. They circulated questions on the most controversial articles of the reform among Member States and then seemed to be proposing a new compromise.

Weirdly enough, this proposal seems to be very close to the positions of France, Spain, and Portugal than a honest attempt at balancing between the different challenges Europe faces. Continue reading

Legal Affairs Committee Stops Short of Protecting User Rights

Schaatsenrijden in een dorp
we need some forward-looking changes

MEP Therese Comodini Cachia, the Rapporteur on the Copyright in the Digital Single Market Directive in the European Parliament’s Committee on Legal Affairs (JURI), is currently  perhaps the most influential person on copyright policymaking in Brussels. Last week her draft report was officially published. Communia has already praised Ms. Comodini for calling the publishers’ bluff on ancillary copyright and for proposing to really unlock Europe’s research potential by removing the harmful and unworkable restrictions to text and data mining that the European Commission proposed.

Given Ms. Comodini’s deep understanding of the interplay between law, society, and technology, and the shrewd manner in which she solved several legal Gordian Knots in her draft, it comes as a disappointment that we fail to see some forward-looking changes that would really make the European copyright framework fit for the Digital Single Market.

Freedom of Panorama

Some two years ago the European Parliament had its first heated discussion on the question of Freedom of Panorama. A lot has happened since then, including introduction of a new copyright exception in support of Freedom of Panorama in both France (limited) and Belgium (full). Continue reading

EU copyright should protect photography in public spaces

Ivens & Co. Fotoartikelen. Amsterdam Spuistraat 216 Nijmegen, Groningen
photography is overlooked in the proposal

Today we are publishing the fourth in a series of position papers dealing with the various parts of the European Commission’s proposal for a Directive on Copyright in the Digital Single Market (see our papers on the education exception, text and data mining exception, and press publisher’s right). Today’s paper deals with the Commission’s handling of what is commonly known as “Freedom of Panorama”—the legal right to take and share photos, video, and images of architecture, sculptures and other works which are permanently located in a public place (you can download a pdf version of the paper here). From our perspective this issue was not adequately addressed in the Commission’s proposal, and we ask the European Parliament to introduce a broad, EU-wide Freedom of Panorama right that applies to both commercial and noncommercial uses of all works permanently located in public spaces.

Position paper: Copyright Reform to Protect the Rights of Photographers and Painters

Public spaces in our cities and countrysides are a functional part of the commons, the places accessible to all members of society. These belong to the public and are not owned privately. The right to take and re-use pictures of our public spaces is critical for the arts, preservation of culture, and education. It is also highly relevant to freedom of expression. It forms the foundation upon which many European photographers, painters, and visual artists create art and earn a living.

The European Commission ran a consultation on this right, known commonly as “Freedom of Panorama”. The results of the consultation confirm that consumers, institutional users, service providers, professional photographers, and architects believe that making this right mandatory across the EU will have a positive impact on their activities.

In its communication published alongside the EU copyright reform proposal, the European Commission “confirms the relevance of this exception” and “strongly recommends that all Member States implement this exception.” Both Vice-President Ansip and Commissioner Oettinger have since publicly confirmed that there is a majority in the Council for such a mandatory right. Continue reading