The daily impact of Copyright

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Last weekend Communia participated in Mozfest 2018 with a drop-in session on how copyright affects our daily lives. While the ongoing EU copyright reform will shape internet and users rights for ages, not all users are well aware of how this will impact them and the way they use the internet. In our session ‘Human faces of copyright’ we organised a number of activities to show how the reform will influence our daily internet experiences, the way we share and create.

The Mozfest community includes people with a wide variety of expertise and backgrounds. Not everybody might know the ins and outs of copyright (reform), but once you start talking about the challenges of copyright, most can quickly relate it to their own work and experiences.

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UNESCO recognizes the importance of Exceptions and Limitations

La liberté guidant le peuple
Moving ahead
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OERs can be used to create inclusive and equitable education and to promote lifelong learning opportunities for all. They are an important factor that contributes to the improvement of educational opportunities.

However, while the special impact of OER is clear, often little attention is given to the issue of educational exceptions to copyright. Copyright frameworks that lack such exceptions can be an unjust obstacle for educators, and in particular can adversely affect the creation and use of OERs. Last year, we participated in the 2nd World OER Congress with the aim to raise awareness about educational exceptions as complementary means for achieving the goals of Open Education. The Ljubljana OER Action Plan, adopted by UNESCO members at the Congress, then, did not include actions related to copyright reform. Fortunately, this has now changed.

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Communia at the CC Summit18

Children of the Sea
Gathering of the Open Community
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The Creative Commons Global Summit is each year one of the key events for the open community. Next week, we are packing our bags and joining over 500 open activists and copyright reform advocates in Toronto. Communia has been founded largely by Creative Commons activists, who wanted to support the Public Domain and do something about European copyright reform. We share with CC the values of the (digital) commons and strive for a more equitable, accessible, and innovative world where creativity can blossom.

The Summit is for us first of all an opportunity to plan collaboration with other activists for the coming year. This year, the Summit program has a strong focus on copyright reform and we are excited to build together the Creative Commons Copyright Reform Platform. We will also contribute to discussion about global copyright reform, copyright and education, copyright and cultural heritage and users’ rights.

You can track all our sessions in the Summit’s Sched system. And follow us on Twitter for live updates from the event.

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Educators ask for a better copyright

Educators ask for a better copyright
58 signatures for better copyright
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Today COMMUNIA sent a joint letter to all MEPs working on copyright reform. The letter is an urgent request to improve the education exception in the proposal for a Directive on copyright in the Digital Single Market. It is supported by 53 organisations representing schools, libraries, universities and non-formal education, and also 5 individual educators and information specialists.

The future of education determines the future of society. In the letter we explain the changes needed to facilitate the use of copyrighted works in support of education. We listed four main problems with the Commission’s proposal:

#1: A limited exception instead of a mandatory one

The European Commission proposed a mandatory exception, which can be overridden by licenses. As a consequence educational exception will still be different in each Member State. Moreover, educators will need a help from a lawyer to understand what they are allowed to do.

#2 Remuneration should not be mandatory

Currently most Member States have exceptions for educational purposes that are completely or largely unremunerated. Mandatory payments will change the situation of those educators (or their institutions), which will have to start paying for materials they are now using for free.

#3: Excluding experts

The European Commission’s proposal does not include all important providers of education as only formal educational establishments are covered by the exception. We note that the European lifelong-learning model underlines the value of informal and non-formal education conducted in the workplace. All these are are excluded from the education exception.

#4: Closed-door policy

The European Commission’s proposal limits digital uses to secure institutional networks and to the premises of an educational establishment. As a consequence educators will not develop and conduct educational activities in other facilities such as libraries and museums, and they will not be able to use modern means of communication, such as emails and the cloud.

You can still endorse the letter by sending an email to education@communia-associations.org. You can read the full letter below or download the PDF.Continue reading

Fighting (for) copyright at Mozfest

Johan de Witt 's nachts op straat aangevallen
Working on a healthy internet
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The last weekend of October in London, Mozilla organised Mozfest, its annual festival for the open internet movement. Mozilla wants to enable communities to contribute to making the internet a healthy place. The festival serves as a platform where civil society organisations, artists, journalists, copyright experts and other creators can come together to share and discuss the issues close to their hearts.

At Mozfest, COMMUNIA organised two session on copyright issues. We wanted to explain the role it plays online, but also to reimagine copyright that could support, and not hinder, new forms of creativity.
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Repeal the sui generis database right

Tuin met parterre met labyrint en op de achtergrond een poort
the Directive no one asked for
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The European Commission has launched a public consultation on the application and impact of the Database Directive on legal protection of databases. The Directive offers copyright protection for original databases and creates a new right called the sui generis right to protect databases on which major investments have been made. In the light of this consultation Communia has published its view on the Database Directive in its 12th policy paper. You can read the entire policy paper here.

The Directive aimed to remove existing differences in the legal protection of databases by harmonising the rules that applied to copyright protection. In addition it wanted to safeguard interests of businesses and users alike, namely the investment of database makers, and ensure that the legitimate interests of users of information contained in databases were secured. Continue reading

Keeping an eye on the fine print: the UGC exception and the JURI committee

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an 'exception' without protection
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The copyright reform remains an exceptional opportunity to close the discrepancies between present-day practices and outdated law. One of the pressing issues is solving the legal uncertainty for users and creators online. Creating online is part of our digital culture and whether it is allowed or not, occurs everyday. There continues to be a lack of legal clarity on how to deal with user-generated content made for non-commercial purposes ranging from funny memes to elaborate works that critique and reflect on the society we live in.

The European Commission’s proposal for the Copyright Directive lacks a user-generated content exception. This is worrisome, because it does introduce an article that could possibly lead to filtering content generated by users even though much of that content does not harm rightsholders. The recent IMCO vote where an exception for user-generated content (UGC) was adopted is a positive step forward in getting a UGC exception in the final Copyright Directive. However, we can’t let our guard down yet. JURI, the most important committee, will vote on its amendments later this year and it yet has to prove it will follow the precedence set by IMCO.

Opposition to the UGC exception

JURI led by Comodini did not incorporate a UGC expectations in its draft opinion. It hereby deviates from the other draft opinions such as those from the IMCO and CULT committee. Therefore a UGC exception can only be included via the proposed amendments by the MEPs. There are several committee members who have proposed amendments for the JURI committee either along the lines of the one proposed by Marc Joulaud, the Rapporteur for the CULT committee, or the one by Catherine Stihler, the Rapporteur for the IMCO committee.

Even though this is encouraging, there is a specific reason for concern. One of the proposed amendments for the JURE committee concerning a UGC exception stands out, because it negates the positive effects of a possible UGC exception. Yes, you read that right. It’s done in a clever, but harmful way. Continue reading

Launched: rightcopyright.eu campaign for better education

Portret van Deborah Delano lezend, James Abbott McNeill Whistler, 1858
Raising our voice for education
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Today, COMMUNIA launches the rightcopyright.eu campaign, asking for support for a better copyright for education. Let’s raise our voices and spread the word about this petition so we can influence our legislators in creating better copyright laws for education.

Why we need your help

The European Commission has presented a new European copyright law (Draft Directive) to the European Parliament which very much impacts education. Unfortunately, the current proposal is very disappointing and does not facilitate education. Educators have embraced the modern possibilities, and so should copyright. Therefore, COMMUNIA has developed a campaign website rightcopyright.eu to collect petitions of educators throughout Europe to let the European Parliamentarians know we need a better copyright for education. The European parliament will vote on the proposal later this year, and can change, accept or reject it. We will present the outcomes of the petition in the European Parliament, clearly showing them the voice of the European citizens eager for a good-quality education, and a copyright that matches.

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Rapporteur Stihler wants to protect users from content filtering

Vue du théatre taillé dans le roc, près du jardins de la maison de plaisance d'Hellenbrunn (!) pris du dehors.
The filter must go, and so should article 13
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Catherine Stihler, Rapporteur of the Committee on the Internal Market and Consumer Protection (IMCO) released her draft opinion on the proposed Copyright in the Digital Single Market Directive. In this opinion, Stihler rightly states that article 13, which proposes to implement content filter mechanisms that would block some of users’ uploads, fails to achieve its purpose. She tries to make sure rightsholders and creators would receive a fair and balanced compensation for the exploitation of their work without negatively impacting the digital economy or internet freedoms of consumers. Acting on this, Stihler tries to fix article 13. However, we believe that the only appropriate response is to delete it altogether.

The filter must go

It is commendable that in her opinion MEP Stihler explicitly says that any attempt to address the value gap cannot be enforced if it has a negative impact on fundamental rights and internet freedoms of consumers. This is something the potential beneficiaries of the proposed article seem to ignore.

Explaining why the upload filter must be removed, MEP Stihler states that filter machines are not capable nor suitable to take into account user rights such as exceptions and limitations. This is something all the opponents of the upload filter, including COMMUNIA, have pointed out before. Therefore in her amendments she rightfully removes all references to the ‘effective’ recognition technologies, which would make the Directive text more technology neutral and future-proof. Continue reading

Rapporteur CULT preserves upload filters in draft opinion

Experiment met luchtledige bol, Valentine Green, after Joseph Wright of Derby, 1768
upload filters should be removed from the proposal
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Marc Joulaud, the rapporteur for the Culture and Education Committee of the European Parliament, points out in his draft opinion issued last week that the Commission’s copyright proposal ignores many of the most pressing concerns of internet users. At the same time, he fails to deliver adequate solutions to these problems. In this post we discuss his proposed amendments concerning the exception for user-generated content (UGC), and Article 13. The inclusion of a UGC exception is a step in the right direction. But the proposed amendments to Article 13, the section which introduces a filtering obligation for online platforms that allow users to upload content, make the already-harmful article even worse for users.

Adding a vague definition of ‘digital content platforms’

Joulaud recognizes that the scope of services potentially affected by Article 13 is quite unclear.

It is the Rapporteur’s opinion that the proposal does not define with enough precision the scope of services falling under the requirements of Article 13 of this Directive, creating legal uncertainty and a potential broader effect.

However, the solutions he proposes do not strengthen the legal certainty for those entities who might be covered under the article; they make it worse. Joulaud proposes a new definition of entities obliged to use upload filters called ‘digital content platforms’. This definition is aimed to center around the principle purpose of services instead of the activity of storing. The draft opinion is unclear regarding which information society service providers would count as ‘digital content platforms’, and it’s also uncertain whether these platforms would still receive the protection of the liability limitations of the eCommerce Directive. Just like the Commission’s proposal—which remains vague on how it will affect the safe harbor protection—Joulaud’s suggested amendment doesn’t provide any more clarity to the situation.

Upload filters don’t—and can’t—respect user rights

The most important flaw of the draft opinion is that even though Joulaud seems aware of the importance of user rights, he still tries to reconcile ‘effective’ content recognition technologies with user rights, including exceptions and limitations and freedom of expression. This is an impossible task. Continue reading