Video Recording of COMMUNIA Salon on the role of ex-ante user rights safeguards in implementing Article 17

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Yesterday, we held the first 2021 edition of our COMMUNIA Salon. This virtual edition focused on the role of ex-ante user rights safeguards in implementing Article 17. This is certainly the most controversial question that has arisen during the national discussions of the implementation of Article 17, and one that will likely be discussed long after the deadline for implementing the new Copyright Directive is over. During the event we heard the Commission’s views on the topic, recollected the legislative history of Article 17(7), and learned about two implementation proposals that are currently being discussed in Germany and Finland. If you have missed the event you can watch a recording of the presentations and the subsequent discussion here: 

The event was kicked off by Marco Giorello (Head of Copyright Unit, European Commission), who started by recalling that the main objective of Article 17 is to foster the conclusion of licensing agreements between rightholders and online platforms, and not to provide an enforcement tool to rightholders against illegal content. He then summarized the Commission’s views on the practical application of Article 17(7), clarifying that this provision requires online platforms to consider legitimate uses ex-ante and that it is not enough for Member States to give flesh to user rights by simply relying on ex-post redress and complaint mechanisms. He further acknowledged the struggles in finding a solution to implement Article 17 in a balanced way, pointing out that this is probably the first time that the EU lawmakers are trying to find a way to respect fundamental rights in a machine-to-machine environment.

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Explaining the importance of being copyright aware at Sziget

Journal des Dames et des Modes, Costumes Parisiens, fevrier
Saving the internet
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This summer, COMMUNIA joined efforts with the Copyfighters to raise awareness on the ongoing Copyright Reform in EU at the music festival SZIGET. Sziget Festival is one of the most important, well attended and well known music and cultural festivals in Europe, gathering visitors from all corners of the world each August. In the heart of Hungary, the Obudai-sziget island, people across the world visit the festival for a few days to enjoy the music and to be inspired. Sziget has a Civil Island where current social issues can be discussed. On this island, in tent 50, we offered information about the current copyright reform and how it will affect citizens.

On three consecutive days, between 8th and 11th of August, surrounded by the SZIGET beats and its unique vibes (of freedom), we have discussed and raised awareness on the current importance of copyright issues in Europe and the potential affects that draft copyright regulations would have on digital freedoms.

Festival goers and visitors of SZIGET’s Tent 50 were asked what values they find important and how these values relate to the importance of copyright. They suggested words such as Europe, sharing, learning, knowledge and art as important values or concepts that are (or should be) equally or more important than copyright.

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Having an upcoming vote on the proposed Copyright Directive scheduled on September 12th, the current copyright reform is in the eye of the legislative storm in Europe. Copyright laws in their essence, are an instrument aimed in the creative sector, with the purpose to keep the balance – between the interests of creators and the public.

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Last call to push for a good EU copyright reform for education: Joint conclusions from the ETUCE-EFEE-COMMUNIA conference

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Support for clear and broad exception for education and research purposes
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Today, we publish joint conclusions on better copyright for higher education and research together with ETUCE / EI federations of teachers’ trade unions and EFEE, the European Federation of Education Employers. This document is an outcome of a joint high level conference organized on 11 April 2018 in Brussels, with the financial support of the European Union Intellectual Property Office (EUIPO).

The event marked for us an important opportunity to discuss with education stakeholders how copyright law can support sound educational policy. This been the goal of our Copyright for Education project, initiated two years ago. Through this project, we have been aiming to strengthen the visibility and position of education stakeholders in the copyright reform debate – in particular with extent to issues like the education exception, which affects them directly.

This joint initiative was coordinated by ETUCE, also with the goal of lobbying for good copyright for education during the vote in the European Parliament on 20 June. The shared conclusions from the conference partners stress that:

#1: A genuine copyright exception

Educators would benefit from an EU-wide education exception – without mandatory remuneration – , which educators can rely upon across the European Union and which defines a minimum standard. Removing copyright restrictions on the digital use of illustrative materials including textbooks for educational purposes would increase legal certainty as this would reduce the financial burdens on education systems and institutions.Continue reading →

Balancing Education and Copyright – reflections after Conference on Copyright in Higher Education and Research

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MEP Axel Voss, rapporteur of the draft Directive on copyright in the Digital Single Market, did not expect this dossier to be so controversial. And issues relating to the educational sector are not an exception. With these words, the Eurodeputy began his speech at last week’s high-level conference, “A better copyright for quality higher education and research in Europe and beyond”. The conference was organized jointly in Brussels by the European Trade Union Committee for Education (ETUCE), the European Federation of Education Employers (EFEE) and COMMUNIA Association. The event was for us an opportunity to meet educational stakeholders – including members of our Copyright for Education network, as well as representatives of publishers and CMOs.


Teresa Nobre (Communia Association) and MEP Axel Voss (EPP, Germany), photo Education International, CC BY NC

Licenses are not a solution for education

If we were to choose one thing that worries us the most in the ongoing copyright reform as it relates to education, it would certainly be the possibility of license override. According to the current proposal for the  Directive on copyright in Digital Single Market, licences that are easily available in the market can take precedence over the mandatory educational exception.

While this might seem like a way to adjust copyright to national specificity, licensing mechanism will spell new barriers and costs for educational systems across Europe. For countries where educational licenses have not been available to date, this means that there is a possibility that schools will have to pay for materials that have been available to them for free. But educational licenses are not just a matter of money. Continue reading →

This is not how you make copyright reform! Report from the Copyright Action Days

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Last week more than a hundred of copyright reform activists got together in Brussels for the the European Copyright Action Days to make it clear to EU lawmakers that the copyright reform effort that is currently being discussed in the European Parliament and the European Council is not good enough. In a series of events organized by Copyright 4 Creativity, Create.Refresh, Communia and others, activists and other stakeholders discussed the shortcomings of the current reform proposal as well as ideas for a more future-proof overhaul of the outdated EU copyright system.

As part of the Copyright Action Days we organized a a roundtable on the future of education in the European Parliament, our first ever COMMUNIA Salon on the future of copyright in the Museum of Natural Sciences and two workshops for copyright reform activists.

Video documentation by Sebastiaan ter Burg.

Roundtable on the future of education

The roundtable on the the future of education hosted by Dutch MEP Marietje Schaake was a full room event at the European Parliament, with over 40 policymakers and stakeholders attending. We discussed the intersection of educational policy, technology, copyright reform and open licensing policies. Irish school teacher Leanne Lynch talked about the use of technology, social media platforms and digital copyrighted materials in the classroom. Mitja Jermol – UNESCO Chair on Open Technologies for Open Educational Resources and Open Education – talked about how new technologies can support educational goals. Andreia Inamorato dos Santos from EC’s Institute for Prospective Technology Studies  presented results of their latest report on open education policies in Europe. Finally, Damjan Harisch from the Slovenian Ministry of Education and Maja Bogataj Jančič, Director of the Slovenian Intellectual Property Institute, presented the position of Slovenian Ministry of Education on the copyright reform  During the event, Teresa Nobre also presented our latest research on licences for educational uses. We are happy that we had the opportunity to exchange views on the matter with representatives of publishers and CMOs.

The Future of Technology in Education roundtable
The Future of Technology in Education roundtable, photo by Sebastiaan ter Burg. More photos here.

COMMUNIA salon

The COMMUNIA salon in the Museum of Natural Sciences brought together more than 70 activists, academics and policy makers to discuss challenges on the intersection of creativity, value creation and copyright in the online environment. Under the title “Copyright for the future” the discussions attempted to draw up a perspective that looks beyond the current legislative proposal. Continue reading →

Educational Institutions in Europe advocate for a better copyright reform for education

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#fixcopyright for education
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There are many controversial things about current european copyright reform. We mainly hear about the fear of censorship of user-generated content or attempt to introduce something called ‘link tax’ to ensure press publishers right to control over the digital use of their content. But education? There are not many people, who will disagree that what Europe needs right now is a modern education system enhancing creativity, innovation and economic growth. Not to mention the importance of lifelong learning and the need of improving the quality and efficiency of education. Still repeated demand for digital skills and competences sounds like a cliche. You can find all of it well written down in EU documents and programs concerning education and training. So, there is one important question – why, when dealing with copyright issues, all these great ideas about the importance of education get forgotten?

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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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Can Open Education succeed without copyright reform? Reflections from UNESCO 2nd World OER Congress.

An Evening School
OER policy and copyright reform go hand in hand
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Between 18-20 September we travelled to Ljubljana to attend the 2nd World Open Educational Resources Congress, organized by UNESCO. Our aim was to raise awareness about educational exceptions as complementary means for achieving the goals of Open Education.

Unfortunately, the new Ljubljana OER Action Plan, adopted by UNESCO members at the Congress, does not include actions related to copyright reform. We will continue working with the UNESCO OER policy community to change this.

Educational exceptions, and other issues related to how copyright law regulates education, have traditionally not been considered by the OER stakeholders. The Paris OER Declaration, which was the result of the first UNESCO OER Congress in 2012, failed to see educational exceptions as means of facilitating use and reuse of resources in education.

Our session, titled “Right Copyright for Education Worldwide” aimed to raise awareness about the importance of copyright law, and encourage OER stakeholders to get involved in copyright reform processes around the world. The session was organized in co-operation with the Slovenian Intellectual Property Institute.

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What educators need from copyright reform

Marietje Schaake and Lisette Kalshoven
Sharing the voice of the practicioner
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Last Wednesday, June 21st, COMMUNIA organised an event in the European Parliament, hosted by MEP Marietje Schaake (ALDE) on copyright reform for education. We wanted to share one important voice often overlooked in the copyright reform, that of the educator. What is the type of copyright exception that we need to support 21st century education? We heard from practitioners, experts and policymakers during the event.

After an introduction by Marietje Schaake and moderator Lisette Kalshoven, we officially presented the results of the RIGHTCOPYRIGHT campaign to MEP Schaake. As Alek Tarkowski noted:

“In the copyright reform debate, we tend to see copyright as a core issue. For educators, copyright is a tool – or a barrier – to attaining educational goals. We should not forget this.”

Over 4800 people have supported the petition for a better copyright reform for education to date, and we hope MEP’s will listen to their demands.

What we can’t let educators share

Next we heard from Hans deFour, founder of KlasCement a very successful online educational resources platform in Belgium. More than 70.000 educators from Flanders are members, which means almost 50% of educators in primary, secondary and special education. Continue reading →

The Legal Affairs Committee meeting on copyright was a clash of civilisations

Batle of Hanau
Will the old thinking win?
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Now that most of the committees have published their draft opinions on the Commission’s Directive on Copyright in the Digital Single Market, it’s time to hear their members presenting their initial views. JURI hosted a meeting on 22 March where MEPs voiced a range of opinions on various aspects of the copyright reform proposal. The divide between the MEPs seems to run deeper than mere disagreements on definitions; instead, they underscore a fundamental schism in the MEPs’ understanding of the world we live in.

The industry-backers

Some MEPs reacted to the copyright reform proposal using a 20th century ordering of the world, where mass-scale creative industries emerged and eventually were consolidated. For MEPS such as Jean-Marie Cavada (ALDE, France) or Angelika Niebler (EPP, Germany) the world has not changed all that much in terms of where important stuff happens. Cavada and Niebler think publishers and other rightsholders produce all the real value, while the internet and new sharing technologies is like a portable TV that  that main purpose of is to constantly rip them off.

Seeing the world like that, it’s no wonder that they mostly approve of the European Commission’s original proposal, and oppose reforms that champion users’ rights, which for the most part they see as legitimizing tech-enabled theft. There is no coincidence that many of those creative industry backers are from France and Germany, countries that built their considerable entertainment industries well before the digital era.

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