Filtered Futures: a Conference to examine upload filters after the CJEU ruling on Art. 17

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The recent CJEU decision on Article 17 of the copyright directive has defined a framework for the use of automated content moderation. The Court considers filtering obligations compatible with the right to freedom of expression and information as long as they are limited to use cases that allow for a robust automated distinction between legal and illegal content. In the context of Article 17, upload filters may therefore only be used by online platforms to block manifest infringements of copyright law. The Court leaves it up to the Member States to ensure that legal uses remain unaffected by their national transpositions of Article 17.

The judgment raises a host of important questions for the enforcement of copyright law as well as for the compatibility of upload filters with fundamental rights even beyond copyright law. To discuss these consequences, together with Gesellschaft für Freiheitsrechte we are jointly organizing the “Filtered Futures” conference on Monday, September 19th 2022, in Berlin. 

We are inviting papers from all disciplines contributing to the conference theme. To present your work at Filtered Futures, please complete the submission form by July 10th, 2022. The form asks for a short abstract of your talk. All applicants will be notified by July 22th, 2022.

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Twenty copyright policy recommendations for the next decade

On Tuesday, the 31st of May 2022, COMMUNIA presented twenty new policy recommendations that will guide our association’s work for the next decade. We brought together fellow activists, academics, policy makers and other stakeholders from across the copyright policy spectrum in Brussels to celebrate the occasion. Our new policy recommendations build on the principles of the Public Domain Manifesto and replace the previous policy recommendations that have guided our work in the past decade (and which we have evaluated here). 

The event was kicked-off by COMMUNIA president Paul Keller, who in his opening remarks (reproduced in full at the end of this post) argued for the need to put discussion about copyright policy back on the agenda of the EU legislator: three years after the adoption of the DSM directive, it is clear that the EU copyright framework remains a fragmented mess that does not adequately address the needs of users and creators in an increasingly complex digital environment. Paul Keller stressed that COMMUNIA hopes that the new set of policy recommendations will contribute to an open and respectful debate with policy makers and stakeholders from across the copyright policy spectrum about how we can work towards a more just and open EU copyright system that embraces the opportunities offered by digital transformation for users and creators alike. 

In a first reaction, MEP Tiemo Wölken (S&D) welcomed COMMUNIA’s ambition and highlighted the importance of improving the EU copyright framework in the context of ambitions to strengthen the digital public sphere in Europe. See here for a recording of his intervention.

His intervention was followed by the presentation of the new policy recommendations by Paul Keller and Teresa Nobre. In her remarks, Teresa highlighted the evolution of the recommendations to more explicitly address the concerns of both users and creators (instead of users’ rights, the new recommendations focus on usage rights) and the increasing importance of (procedural) safeguards against copyright abuse. Paul and Teresa then walked the audience through the 20 individual recommendations:

The presentation of the recommendations was followed by a reaction from Prof. Séverine Dusollier, who echoed the overall need to reform the EU copyright framework and welcomed the level of ambition contained in the new recommendations. See here for a recording of her reaction.

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Join us for the launch of our new policy recommendations on 31st May in Brussels

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Join us on Tuesday the 31st of May at 1700h at Townhall Europe in Brussels for the launch of the new COMMUNIA policy recommendations followed by a networking reception. We will present the 20 policy recommendations which we have developed with input from leading academics and access to knowledge advocates over the past months and which will guide our work on a more open and just copyright framework for the decade to come. 

Our new policy recommendations address key policy opportunities for EU lawmakers to expand the Public Domain, increase access to and re-use of culture and knowledge and leverage the power of the digital transformation for society.  

The policy recommendations will supersede the 14 existing policy recommendations that have guided our work in the past decade and have made a real contribution to the evolution of the EU copyright framework. On the 31st we will discuss the new policy recommendations with lawmakers, activists and academics. For this, we will be joined by MEP Tiemo Wölken and Professor Severine Dusollier (SciencePo). 

After the launch of the recommendations (and of our new website), there will be a networking reception with the ability to exchange views with the COMMUNIA core team. 

The event is open to everyone subject to registration here. We kindly ask you to confirm your attendance by Friday, May 27th. In case the max. number of registrations is reached, participants will be confirmed on a first-registered, first-served basis.

We are looking forward to toasting to the next decade with you!

Save the date: COMMUNIA’s new policy recommendations to be launched on May 31st

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We are pleased to announce that we will launch the new COMMUNIA policy recommendations on Tuesday, May 31st, at 1700 CET, at Townhall Europe in Brussels.

Less than a year ago, we celebrated COMMUNIA’s 10th anniversary, assessing how its foundational 14 policy recommendations contributed to the expansion of the public domain during the 2011-2021 decade. At that time, we also announced that we would update our policy recommendations for the decade to come.

We have consulted with many copyright experts and key stakeholders over the past months to identify new priorities for the decade to come. That process has now come to an end and we are looking forward to presenting the results publicly, in an in-person event that will bring together EU policymakers and academics. The discussion will be followed by an apéro reception at the venue.

The event is open to everyone subject to registration here. We kindly ask you to confirm your attendance by Friday, May 27th. In case the max. number of registrations is reached, participants will be confirmed on a first-registered, first-served basis.

We are looking forward to toasting to the next decade with you!

COMMUNIA

COMMUNIA Salon on the CJEU decision on Article 17 and the future of upload filters in the EU

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On the 26th of April, the European Court of Justice will hand down its judgement in Case C-401/19 — the Polish challenge of the fundamental rights compliance of Article 17 of the Copyright in the Digital Single Market Directive, which was adopted nearly 3 years ago in April 2019.

On the 28th of April, from 1500h to 1630 CET, we are hosting a virtual COMMUNIA salon to discuss the implications of this highly anticipated judgement and what it means for the national implementations of Article 17. 

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How to promote research and education at the global level? Takeaways from our panel discussion

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COMMUNIA and Wikimedia Deutschland held a panel discussion on February 15th to discuss whether the new mandatory exceptions in the EU Copyright Directive could serve as a model to solve some of the most pressing international-level problems around education and research.

The event started with Marco Giorello, the Head of the Copyright Unit at DG CONNECT of the European Commission, explaining the reasons for introducing mandatory exceptions for education and research purposes at the EU level (from min. 8:55 to min. 20:50). Marco pointed out that both research and education were at the forefront of the Commissions’ discussions on the modernization of the copyright system. The need for introducing mandatory exceptions for those activities became apparent after conducting a study of the national implementations of the optional EU-level education and research exceptions. Not all Member States had implemented the exceptions of the InfoSoc Directive. Those who had implemented them had done it in a very different way, and in a number of cases the national exceptions were clearly not applicable to digital and online uses.

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COMMUNIA Salon 1/2022: The Sui Generis Database Right in the Data Act.

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On Wednesday 2nd of March at 1500 CET we will host the first COMMUNIA Salon of 2022. This edition will focus on the treatment of the Sui Generis Database Right (SGDR) in the European Commission’s proposal for a Data Act that was published on the 23rd of February. The proposal contains a provision that the Sui Generis Database Right “does not apply to databases containing data obtained from or generated by the use of a connected device”.

This limitation of the scope SGDR — welcome as it is — falls way short of a proper review of the Sui Generis Database right that was supposed to be part of the Data Act proposal. We have long been critical of this this ill-fated right and have calls for its revocation. In this light the proposed Data Act is another missed opportunity to correct the mistake that the EU made when it introduced the SGDR as part of the 1996 Database Directive.

With this salon we will explore the future of the Sui Generis Database Right and how this right should evolve in the context of the proposed Data Act. For this edition we will be joined among others by Krzysztof Nichczynski (DG Connect, European Commission) who will present the European Commission’s rationale for the Data Act, Martin Husovec (Assistant Professor of Law at LSE) who will elaborate on the legal context and Felix Reda (former MEP & Project Lead control © at GFF) who will discuss an ongoing German lawsuit in which Open Data activists are facing government prosecution for allegedly infringing the Sui Generis Database Right.

As always, the COMMUNIA Salon is open for everyone to attend. To attend the Salon please register here.

Save the Date: The New EU Copyright Exceptions – A Model for the World?

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Could the new mandatory exceptions in the EU Copyright Directive serve as a model to solve some of the most pressing international-level problems around education and research?

Join us on February 15th at 15:00 CET in an online panel discussion co-hosted by COMMUNIA, Wikimedia Deutschland, and the Right to Research in International Copyright Law project* to discuss this question.

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COMMUNIA at the CC Global Summit 2021

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This week will see the 2021 edition of the Creative Commons Global Summit 2021. This year’s CC summit celebrates the 20th anniversary of Creative Commons in an all virtual format that takes place over the whole week. As in previous years the CC summit . This is an invaluable chance for the Creative Commons community to meet , collaborate and exchange knowledge and to strengthen our activism for better copyright rules and open access to knowledge and culture.

As in previous years COMMUNIA will contribute to a number of sessions at the summit which has turned into one of the prime venues for driving the discussion about global copyright reform forwards. Below we have compiled a list of sessions that are particularly relevant to our area(s) of interest and that will see participation from COMMUNIA members: 

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Video Recording of COMMUNIA Salon on the AG Opinion in case C-401/19

On Wednesday the 21st of June we held a special lunch salon on Advocate General Saugmandsgaard Øe’s Opinion in Case C-401/19, the Polish request to annul Article 17 of the CDSM directive.

Moderated by Teresa Nobre, the salon started with Paul Keller (COMMUNIA/Open Future) assessing the opinion in the context of the Commission’s stakeholder dialogue and the ongoing national implementations (from min. 03:11 to min. 12:35 in the recording). While the opinion doesn’t provide for Article 17’s annulment, it provides important clarifications on users rights safeguards against automated, preventive content blocking systems adopted by sharing services providers.

Then Martin Husovec (London School of Economics) took a closer look at the overall strategy of the AG’s opinion while dwelling on its weaknesses and strengths (from min. 14:53 to min. 25.50 in the recordings). He focused on what he described as “AG Øe’s re-interpretation of Article 17” and further analysed the safeguard mechanisms provided in the opinion. 

The final presentation came from Felix Reda (GFF) (from min. 27:50 to min. 40:00 in the recordings) who expressed her disappointment to the fact that AG Øe did not recommend the to reject Article 17. She went on to  identify  a number of  inconsistencies in the parts of the opinion that attempt to reconcile the use of upload filters with the ban on general monitoring obligations. .

The discussion was followed by a Q&A session with the participants (from min. 42:20 onwards).