A Waivable Press Publishers Right Would Be Less of a Disaster

Man telt munten en een jongen brengt hem geldzakken
Or here’s an idea: just delete it!
Licentie

For the entire duration of the current EU copyright reform we have advocated that the press publishers right be deleted. Publishers already benefit greatly from the copyrights they have in their content, and don’t need an additional exclusive right to protect or exploit those rights. As is clear from past experiments with the right in Germany and Spain, an additional right for press publishers will not support quality journalism, increase the diversity of media content, or grow the digital single market. Instead, it will negatively affect access to information and the ability for publishers to share using the platforms, technologies, and terms beneficial to them. The existing problem can be addressed by observing a legal presumption that press publishers are entitled to enforce the rights over the works or other subject matter that are licensed to them.

But here we are now years later in the thick of the trilogue negotiations, and the EU legislator is finally trying to figure out what to do about Article 11. Similar to Article 13 and content filter, we expect that the final compromise text of the directive will include some version of the press publishers right.

The waivable press publishers right

Our long-held view remains: Article 11 should be removed from the copyright directive. The provision is patently harmful to journalism, access to information, and the digital single market. The option to make the press publishers right waivable is simply one way to slightly improve the press publishers right if deletion is impossible. If the negotiators can’t be convinced by the mountains of research, empirical evidence observed in prior trials, and near universal public opposition to this unnecessary right, then the legislator must do everything it can to mitigate the negative effects that would be faced by news publishers and news seekers in the EU. Continue reading

Letter to the EU Council: Citizens’ rights matter in the copyright negotiations!

lillies
Citizens’ rights matter in the © negotiations!
Licentie

On 19 November 2018, 54 NGOs (including COMMUNIA) representing human rights and media freedom sent a letter to the Council of the European Union. The letter raises ongoing concerns regarding the proposal of the Directive on copyright in the Digital Single Market. The signatories underline that the current proposal risks creating severe impediments to the functioning of the internet and the freedom of expression of all, and urge the Council to take citizens’ rights into consideration during the trilogue negotiations:

For the ongoing trilogue negotiations, we urge you to reject obligatory or “voluntary” coerced filters and to keep the current liability regime intact. Enforcement of copyright must not become a pre-emptive, arbitrary and privately-enforced censorship of legal content.

Moreover, we ask you to hear the voice of academic research that a press publishers’ right will not have the intended effect and will instead lead to a less informed European society.

The letter is not only another call for a productive re-shaping of the future European copyright framework. It is also a strong voice against the predominant market-only narrative around the ongoing reform. NGOs continue to raise concerns related not just to the economic impact of the new Directive, but its deep influence on society, openness, fundamental rights and access to knowledge.

You can read the letter here (pdf).

Not surprisingly, the letter focuses on the most disputed provisions–Article 13 upload filters and Article 11 ancillary copyright for press publishers. Since the beginning of the legislative process COMMUNIA has worked on nearly all parts of the Directive comments (including the new educational exception, TDM provisions and others), and we regret that there seems to be little attention paid to these other important aspects as policymakers focus only on the most controversial parts of the plan.

145 Organisations Tell Member State Ambassadors: There’s Still Much To Fix on EU Copyright Reform

135COREPER
The legislation is destined to become a nightmare
Licentie

Today, Communia and 145 organisations published an open letter to the Committee of the Permanent Representatives of the Governments of the Member States to the European Union (COREPER). That group meets tomorrow, and the Bulgarian presidency will be pushing for all Member States to endorse its proposed changes to the draft Directive on Copyright in the Digital Single Market. Earlier this week we previewed these latest changes, warning that there’s danger ahead if the Council adopts the still-unsatisfactory updates to Article 13, 11, and 3a.

The letter is critical of the compromised proposed by the Bulgarian Presidency and calls upon COREPER to continue the discussions on the copyright reform. We ask for COREPER not grant the Bulgarian Council Presidency a mandate to negotiate with the European Parliament. From the letter:

We are deeply concerned that the text proposed by the Bulgarian Presidency in no way reflects a balanced compromise, whether on substance or from the perspective of the many legitimate concerns that have been raised. Instead, it represents a major threat to the freedoms of European citizens and businesses and promises to severely harm Europe’s openness, competitiveness, innovation, science, research and
Education. […]

With so many legal uncertainties and collateral damages still present, this legislation is currently destined to become nightmare when it will have to be transposed into national legislation and face the test of its legality in terms of the Charter of Fundamental Rights and the Bern Convention. We hence strongly encourage you to adopt a decision-making process that is evidence based, focussed on producing copyright rules that are fit for purpose and on avoiding unintended, damaging side effects.

The signatories of the letter include national organisations from across 25 EU Member States, representing human and digital rights groups, media freedom orgs, publishers, journalists, libraries, scientific and research institutions, educational institutions including universities, creator representatives, consumers, software developers, start-ups, technology businesses, and internet service providers. They repeat and amplify the voices raised previously to express their deep concerns about the artificial sense of urgency created by the Bulgarian Presidency.

(This week, two other important open letters were published: 169 professors of law and academics urge to oppose the new press publishers right. 55 European organizations do the same: “Enough is enough”).