Video recording of the COMMUNIA salon on 18 June 2020

Last week on Thursday we held the second virtual edition of our COMMUNIA Salon. This edition focussed on the role of flexible exceptions in the context of Article 17 of the Copyright in the Digital Single Market Directive and the role that a broad interpretation of the concept of pastiche can play in preserving users’ freedom of creative expression. If you have missed the event you can watch a recording of the presentations and the subsequent discussion here:

The salon was kicked off by Teresa Nobre who discussed the importance of flexible copyright exceptions and highlighted the recent developments in the jurisprudence of the CJEU that has gradually started to recognise exceptions as expressions of certain fundamental rights. In the following presentation Paul Keller discussed the tension between mandatory exceptions and de-facto mandatory filters in Article 17 and highlighted that the provisions dealing with exceptions remain at the center of the discussion in the Commission’s stakeholder dialogue on the implementation of Article 17.

In the second part of the event Prof. Martin Senftleben talked about Article 17, Pastiche and Money for Creators. As part of his presentation Prof. Senftleben reminded the audience about the original objective of Article 17 to make large online platforms pay for so-called “user generated content” in order to improve the income position of creators and other rightholders. According to Prof. Senftleben, the licensing based approach introduced by Article 17 will fail to achieve this objective since it inherently favours large rightholders who have the means to negotiate with large platforms. Article 17 as such does not ensure that individual creators benefit from any additional revenues secured by creative industry intermediaries. Continue reading

COMMUNIA Salon 2020/2: protecting freedom of expression via the pastiche exception

COMMUNIA Salon 2020/2: Protecting freedom of expression via the pastiche exceptionLicentie

After the success of our first virtual COMMUNIA salon last month we will be holding a follow-up event on Thursday, the 18th of June, from 1530 to 1700h CET. This time we will be focussing on the role of the now mandatory exceptions and limitations for quotation, criticism, review, caricature, parody and pastiche in the context of the implementation of Article 17 of the DSM directive. We will pay special attention to the role of the pastiche exception and examine how a broad conception of pastiche can provide a legal basis for a wide range of transformative uses of protected works on online platforms.

In the context of the discussion on the implementation of Article 17, scholars have argued that the concept of pastiche (“a musical, literary, or artistic composition made up of selections from different works“) provides a legal basis for safeguarding transformative uses that are commonly referred to as User Generated Content. During the upcoming COMMUNIA salon we will explore this possibility and discuss how Member States can best make use of the room provided by the pastiche exception when implementing Article 17 of the DSM directive.

After introductory presentations by Teresa Nobre (on the importance of flexible exceptions to copyright) and Paul Keller (on the tension between filtering obligations and the obligation to safeguard users rights in the context of Article 17), we will be joined by Professor Martin Senftleben from the Institute for Information Law, who will focus on the role of the pastiche exception. Prof. Senftleben has recently published a paper on the role of the pastiche exception in the context of institutionalised algorithmic enforcement and is one of the co-authors of the European Copyright Society’s comment on Article 17 of the DSM directive, which recommends “cultivating the concept of pastiche” to ensure that Article 17 does not limit freedom of expression.

The presentations will be followed by an informal question and answer session.

This event is open for everyone to attend and will be held on Zoom. In order to ensure smooth participation we request participants to register beforehand. Registered participants will receive login information ahead of the event.

COMMUNIA Salon: Copyright in the DSM Directive – one year after

Communia Salon 2020: DSM directive one year afterLicentie

The Copyright in the Digital Single Market (CDSM) Directive went into effect on the 18th of May 2019. During the COMMUNIA salon we will be given an update on the implementation status in the EU member states and the discussions at the European Commission’s stakeholder dialogue on the implementation of Article 17 of the directive. Join us on Monday the 18th of May 2020 from 1530h – 1700h (Brussels time) for a series of short presentations and an informal question and answer session.

While the focus of most policy makers is on the current health emergency, the implementation of the CDSM directive is ongoing. Member states have until the 7th of June 2021 to implement the divisive and complex rules contained in the directive.

A year after the entry into force of the directive a messy picture has emerged. In France, which has already implemented the press publishers right, that implementation has led to an intervention of the competition authority. The Polish government has challenged parts of Article 17 in the CJEU arguing that it violates fundamental rights. And while some Member States have published legislative proposals for the implementation of the directive, most Member States are still holding formal and informal consultations.

Meanwhile, the Commission’s own stakeholder dialogue, which brought more than 80 different stakeholders together to discuss the implementation of Article 17, has come to a COVID19 induced halt after a series of contentious meetings, and all eyes are now on the European Commission which has yet to present a first outline of the implementation guidelines.

During the upcoming COMMUNIA salon, Teresa Nobre (COMMUNIA) will provide an overview of the implementation status in the different member states. Ula Furgal (CREATe) will provide a more in depth perspective on Article 15 (the new press publishers rights) including recent developments in France and Australia. Paul Keller (COMMUNIA) will provide an overview of the discussions surrounding the implementation of Article 17 including the ongoing stakeholder dialogue. Finally, Julia Reda (GFF /control ©) will discuss the role of litigation in ensuring a fundamental rights-preserving implementation of the CDSM directive.

The presentations will be followed by an informal question and answer session.

This event is open for everyone to attend and will be held on Zoom. In order to ensure smooth participation we request participants to register beforehand. Registered participants will receive login information ahead of the event.

Preview: Creative Commons Summit and copyright reform

Gezicht op de stad Lissabon
Join us in Lisbon May 9-11 for CC Summit
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In Lisbon from 9-11 May people will come together from around the world to participate in the Creative Commons Global Summit. The gathering is a chance for for CC network members, digital rights activists, open content creators, and commons advocates to meet together, share information, and collaborate on projects.

Communia’s bread and butter over the last several years has been advocating for a progressive copyright reform in Europe that will protect users rights and improve the legal situation for both creators and institutions that want to share in the digital age.

After 30 months of working on the reform package, at the end of March the European Parliament voted in favor of the Directive on Copyright in the Digital Single Market. Last week the EU council approved it as well, sealing the deal. Soon the directive will be published in the Official Journal of the European Union. From the date of publication, the Member States of the EU will have two years to implement the provisions contained in the directive into their national laws.

As civil society organisations who’ve been working on the copyright directive re-group to adjust for the opportunities and requirements of the transposition phase at the Member State level, the Creative Commons Summit can provide a timely and useful venue to discuss how CC members and advocates in Europe could work together to ensure that the national implementations do the least harm to user rights and maximise the potential benefits for the commons. There are several sessions that will explore this and related topics around supporting productive copyright reforms.

Here’s a quick preview of some of the sessions we’re interested in, contributing to, or helping lead. Click through for more information, and if you’ll be in Lisbon please join us at these events. Continue reading

SCCR/37: Communia general statement on exceptions and limitations

Standing Committee on Copyright and Related Rights
Let us converge and harmonise laws
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In our capacity of permanent observers of the WIPO Standing Committee on Copyright and Related Rights, we are attending the 37th session of the Committee, which is taking place in Geneva from 26 to 30 November 2018.

The following is the general statement made by Teresa Nobre on Limitations and Exceptions (Agenda Items 6 and 7):

Continue reading

SCCR/37: Communia statement on the protection of broadcasting organizations

A woman shouting into a man's ear-trumpet. Wood engraving.
No new rights without exceptions
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In our capacity of permanent observers of the WIPO Standing Committee on Copyright and Related Rights, we are attending the 37th session of the Committee, which is taking place in Geneva from 26 to 30 November 2018.

The following is the statement made by Teresa Nobre on our behalf on agenda item 5: Protection of Broadcasting Organizations.Continue reading

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.

Continue reading

CopyCamp 2018 open for proposals

1200px-Bellotto_View_of_Warsaw_from_Praga
Join us in Warsaw for discussion on copyright
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The 2018 version of CopyCamp will take place on October 5th and 6th in Warsaw. For the past 6 years, CopyCamp has been a place for interesting, insightful and engaging discussions about copyright in the EU. Every year an international, interdisciplinary group of artists, experts, scientists, and activists meets to exchange experience, and show that this law affects everyone.

If you would like to join COMMUNIA at CopyCamp please know that the call for speakers is open until until July 31st. You can find more information about that here.

5 Tracks at CopyCamp 2018

Every year CopyCamp has a different focus, for this edition five different thematic tracks have been developed.

Author social security
How to acknowledge and remunerate authors? How to help them to negotiate contracts and secure their career and financial stability in the long run, also during retirement? What are the perspectives of alternative compensation schemes?

The history of copyright
It is the hundredth anniversary of the modern Polish copyright and industrial property law. The evolution of the law has been accompanied by the evolution of cultural activities regulated by these laws. Are there any lessons that can be drawn? What has changed in culture that the law should address better?

EU copyright reform
Is the new directive #ACTA2? We need to have a meaningful discussion on how to fix copyright that transcends such simplifications. CopyCamp has been the place for such a discussion since 2012. This year you are more than invited to share your proposal for the copyright for the future.

Blockchain perspectives
How can technology be used to benefit authors and their audiences? Is blockchain the answer? Will it live up to the expectations? Most importantly – what exactly does blockchain fix in copyright, and whom it will empower?

Reuse of heritage archives
Heritage is an important source for appropriation artists, who use it to retell old stories and build their own stories by reusing existing culture. There are not just legal, but also ethical questions in this area. We invite the GLAM sector to share their experiences from digitization and reuse, and we also invite authors and researchers to openly talk about their needs when it comes to building upon heritage.

About the conference

CopyCamp 2018 is organised in partnership with the Patent Office of the Republic of Poland, Society of Authors ZAiKS, Polish National Film Archive–Audiovisual Institute, and Google Poland. It is supported by EDRi, COMMUNIA, Open Knowledge International, and Open Forum Europe.

The event is open for everyone and entrance is free.

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

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

Join us for the European Copyright Action Days 19-21 march in Brussels

Banquet at the Crossbowmen’s Guild in Celebration of the Treaty of Münster
Join us in Brussels to #fixcopyright
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This spring the ongoing effort to modernize the outdated copyright rules enters into the decisive fase. It is widely expected that both the European Parliament and the EU Member states will their position on the proposed Copyright in the Digital Single Market Directive. Right now things are not looking good: instead of a much needed update of the copyright framework that would enable new uses driven by technological innovation, policy makers in Brussels are working towards new restrictions that would would limit how information and creativity can be shared and enjoyed online.

Against this backdrop we are organising European Copyright Action Days on 19-21 march in Brussels. During these days we want to highlight the broad opposition of civil society, libraries, the users industry and many others concerning the restrictive aspects of the copyright reform proposal. During these days activists will convene in Brussels to discuss with lawmakers and advocate for a more future proof reform and to raise attention for the dangers of the proposed measures. Continue reading