Mozilla Copyright Campaign: Reform copyright, don’t break the Internet!

MAKE CREATE INNOVATELicentie

In anticipation of the EU Commission’s copyright reform proposal (and just in time for the confirmation that the Commission’s plans will be everything but forward-looking), our friends at Mozilla have launched a new copyright reform campaign. They are taking this step because “it’s time our laws caught up with our technology.”

The campaign focusses on issues which have traditionally been dear to Mozilla, such as online learning, creative expression and innovation. Therefore, the three main strands where Mozilla wants to see an update of the current  EU copyright rules (our summary) are:

  • Update EU copyright law for the 21st century The EU’s current copyright laws were passed in 2001, before most of us had smartphones. We need to update and harmonise the rules to create room to tinker, create, share, and learn on the Internet. Education, parody, panorama, remix, and analysis shouldn’t be unlawful.
  • Build in openness and flexibility to foster innovation and creativity Copyrighted works are remixed, reimagined, and reused in new and creative ways every day. These elements build on existing ideas in a way that breathes new meaning into old content.
  • Don’t break the Internet Some people are calling for licensing fees and restrictions on Internet companies for basic things like creating hyperlinks or uploading content. Others are calling for new laws that would mandate monitoring and filtering online. These changes would establish gatekeepers and barriers to entry online, and would risk undermining the Internet as a platform for economic growth and free expression.

Sign the petition!

All of these issues are ignored by the leaked Commission’s Impact Assessment. This makes Mozilla’s campaign timely and relevant. We fully agree with Mozilla’s efforts to update and fix copyright and urge you to take a look at the Mozilla Campaign and sign the petition.

EVENT Copyright reform: Unlocking copyright for users?

Christus slaapt aan boord van het schip tijdens de storm
European Parliament, September 8
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We happily invite you to the event Copyright Reform: Unlocking copyright for users? that will take place on September 8 in Brussels. The event is hosted by MEP Therese Comodini Cachia and MEP Carlos Zorrinho, and co-organised by COMMUNIA and EDRi.

Join us to discuss key aspects of the current EU copyright reform including the freedom to use copyrighted works (exceptions and limitations) as well as some of the failures of the existing legal framework (copyfails). After the event we invite you to lunch in Jan 3q Brasserie.

Copyright Reform: Unlocking copyright for users? – agenda

11:15 – 11:20      Introduction
Anna Mazgal, Communia

11:20 – 11:25     Welcome
MEP Therese Comodini Cachia (EPP)

11:25 – 11:35      How to understand the L&E practice better?
Launch of copyrightexceptions.eu – Maarten Zeinstra, Kennisland

11:35 – 11:45     What doesn’t work?
The #copyfails and ways out of the copy mess – Diego Naranjo, EDRi

11:45 – 11:55     What works?
Presentation of the Best Case Studies – Teresa Nobre, Communia

11:55 – 13:00    Questions and discussion
facilitated by Anna Mazgal, Communia

13:00 – 13:05   Commentary
MEP Carlos Zorrinho (PASD)

13:05 – 13:15   Closing remarks
MEP Therese Comodini Cachia (EPP)

13:15 – 14:00   Lunch
Brasserie Jan 3q Continue reading

Creators sharing in the public domain

De Roof van Europa
The Public Domain strengthens Europe
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Last January, COMMUNIA invited creators to share thoughts about their relationship with the public domain. They spoke at the Public Domain Day 2016 event we organised in the European Parliament, hosted by MEP Julia Reda. We learned from their experiences that copyright can be perceived as a hurdle for creators, that sharing your work into the public domain can make businesses grow, and that the reuse  of materials of which the copyrights have expired can lead to beautiful new things happening.

Sebastiaan ter Burg made a great video about this  event. Watch and learn how a stronger public domain can foster culture and innovation in Europe:

2016 promises to be a crucial year with regard to the future of the public domain. Later this year the European Commission will—for the first time in over 15 years—propose changes to the EU copyright rules. This provides the opportunity to adopt policies that will strengthen the public domain. You can read more here on how COMMUNIA thinks that can be done.

Invitation to Public Domain Day celebration in the European Parliament

Affiche Delftsche Slaolie
Celebrate Culture with us in the European Parliament
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Join us on January 25th in the European Parliament to celebrate Public Domain Day. This day falls on the first day of the new year and marks the term of copyright protection on creative works.

This new state for cultural works means that they are now free to be reused for new cultural, commercial, educational and innovative practices. During the lunch-event in the Members Salon we will talk about the value of the public domain in fostering Europe’s innovation capacities, by inviting creators to share how they use public domain works in their businesses and approach copyright.

Speakers include our host in the European Parliament Julia Reda (MEP, The Greens EFA – Germany), Alek Tarkowski (Director Centrum Cyfrowe), Paul Keller (Director Kennisland).

Please RSVP for this event to Lisette Kalshoven at lk@kl.nl

For more details please refer to the official invitation.

83 MEPs say ‘no’ to ancillary copyright in Europe

Royal 15 E.VI, f.21 (Talbot Shrewsbury book via British Library)
Fighting against Ancillary Copyright
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Last week’s Communication from the Commission did not explicitly state that they plan to introduce ancillary copyright in Europe, but it was very easy to read between the lines. Research in Spain has shown (and again in Germany) that ancillary copyright is good for no-one, so the echoes from the Commission about considering the introduction of an ancillary copyright was a cause for concern by over 80 MEPs. Together they wrote a letter to the Commission, stating:

While the Communication is taking great care in remaining non-committal in nature and open-ended towards the results, both the setting and supplementing references in chapter 4 are directly and unequivocally pointing towards the first steps towards the introduction of an ancillary copyright for the benefit of press publishers. The European Parliament has on many occasions positioned itself against the introduction of such an ancillary copyright. We urge the Commission to remain focused on a reform of copyright rules that strengthens the European Digital Single Market, fosters creativity and research while being aware of the dangers of undermining the foundations of one of the greatest revolutions in Information Technology.

Contrary to the suggestions in the Communication, there is no ambiguity in the interpretation of EU copyright rules with regards to content that is both legal in nature and freely accessible on the Internet. Sufficient clarity has been achieved with the judgement of the Court of Justice of the European Union in the Svensson case.

We wholeheartedly agree with the concern expressed by the MEPs, which include signatories Vicky Ford (ECR), Julia Reda (Greens/EFA), Marietje Schaake (ALDE), and Josef Weidenholzer (S&D).

It is essential that we share the views of the public on ancillary copyright and other issues and questions with regard to copyright reform in Europe. You can so so until the end of the month via http://youcan.fixcopyright.eu/.

COMMUNIA untangles copyright and education on Medium

Teacher's Desk - Linn School
Keep copyright out of the classroom
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COMMUNIA has opened a new line of communication: copyright untangled where we discuss copyright and education. The aim of the series is to provide context on the state of play on copyright and education in the EU, while keeping it understandable for people who are not very familiar with copyright law, the legislative process or the workings of European politics. Our goal is to explain why copyright needs to become “untangled”, if we want it to be fit for modern education. Besides pieces on copyright reform we also discuss innovations in education in relation to copyright, issues such as open education or digital and media literacy, and will conduct interviews with teachers who share their experiences.

We will post a new piece on Copyright Untangled every two weeks, written by either the COMMUNIA members who also write on this website, and also guest authors who provide a new perspective on their area’s of expertise: education, innovation and copyright. To give an example, Adam Karpiński has written about principles we need to keep in mind when we think of a new education exception for Europe. Natalia Mileszyk has written on the open education movement and a future post will discuss the commercial or noncommercial nature of education today.

You can follow the copyright and education series via https://medium.com/copyright-untangled

Alternative Compensation Systems only work if adopted by all sides

Een violist en een fluitist musicerend
ACS: a viable solution for creators and users?
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This post was written by Lisette Kalshoven and Katarzyna Rybicka.

Fifteen years ago, the explosive growth of the file sharing network Napster changed the music industry forever. It was a simple response to the difficulty of finding, downloading and sharing music over the web. Since then, policy makers and stakeholders have been trying to resolve the ongoing challenge of unauthorised copying, without much success. In many instances copyright enforcement turns out to be either ineffective, or is applied in such a way that violates fundamental rights such as the right to information, freedom of expression or privacy and protection of personal data.

Last Saturday in Amsterdam, the renowned institute for research on intellectual property rights, IViR (Institute for Information Law) held a symposium on Alternative Compensation Systems (ACS) for cultural goods. An ACS can be described as a legal mechanism which permits the reproduction, downloading, sharing and sometimes even modification of copyrighted works. This can be done without the need for an opt in from users (mandatory ACS) or with an opt in (voluntary ACS), but with both options giving compensation to the creators and copyright owners of those works.

The IViR researched the non-commercial use of cultural goods online for two years. The results suggest that consumers are dissatisfied with the existing legal access channels. As a consequence, different forms of ACS were supported by the majority of the Dutch population questioned. Continue reading

BEUC highlights consumer confusion in everyday uses of copyrighted material

BEUC, The European Consumer Organisation, has released an interesting fact sheet pertaining to confusion and uncertainty in consumer use of copyrighted materials. BEUC surveyed relevant stakeholders about the current copyright reform debates in the EU. These stakeholders ranged from collecting societies to academics and government ministries, and the conclusions drawn from their answers are both predictable and problematic: it seems no one can agree on the legality of using copyrighted content.

john from BEUC making a video

BEUC took simple and everyday examples on how consumers interact with copyrighted material (for example, making private copies of DVDs, selling an ebook online, or using a VPN to access your Netflix account while on holiday) and asked the stakeholder whether they believed the act was legal or not.Continue reading

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. Continue reading