Again on the proposal (for a directive on copyright in the Digital Single Market) |
As reported and covered in a number of previous posts [here, here, here], in the context of its Digital Single Market Strategy (DSMS) on 14 September last the EU Commission unveiled a new copyright package, consisting of a number of proposals aimed at improving the existing EU copyright framework.
Among the contents of the package, there is the already famous proposal for a directive on copyright in the Digital Single Market (DSM Directive) [here].
Among other things, the DSM Directive intends to introduce into the EU copyright framework a new related right in press publications.
Article 11 of the directive states:
"1. Member States shall provide publishers of press publications [what is to be intended by 'press publications' is clarified at Recital 33 of the directive] with the rights provided for in Article 2 and Article 3(2) of Directive 2001/29/EC for the digital use of their press publications.
2. The rights referred to in paragraph 1 shall leave intact and shall in no way affect any rights provided for in Union law to authors and other rightholders, in respect of the works and other subject-matter incorporated in a press publication. Such rights may not be invoked against those authors and other rightholders and, in particular, may not deprive them of their right to exploit their works and other subject-matter independently from the press publication in which they are incorporated.
3. Articles 5 to 8 of Directive 2001/29/EC [the InfoSoc Directive] and Directive 2012/28/EU [the Orphan Works Directive] shall apply mutatis mutandis in respect of the rights referred to in paragraph 1.
4. The rights referred to in paragraph 1 shall expire 20 years after the publication of the press publication. This term shall be calculated from the first day of January of the year following the date of publication."
However, the drafting of this provision and related recitals (31 to 36) raises a number of technical questions, as well as a practical, fundamental, one.
When less may be actually more |
The technical questions
A first question may be why Article 11 refers to Article 3(2) of the InfoSoc Directive [making available right] instead of Article 3(1) of the same directive [right of communication to the public], also considering that the last sentence in Recital 33 refers to the right of communication to the public.
The question is not just pedanticacademic, because the rights of communication to the public and making available to the public are not the same thing. The Court of Justice of the European Union (CJEU) has made this clear, more recently in its C More judgment [here].
A second point is that it is not entirely clear why Recital 33 contains a reference to hyperlinks, by saying that those which do not amount to acts of communication to the public are outside the scope of the new right.
First, the new related right is not about the right of communication to the public, but rather reproduction and making available to the public.
Secondly, if the new related right does not go beyond copyright [as Article 11(2) stresses], surely saying that "protection does not extend to acts of hyperlinking which do not constitute communication to the public" is not really necessary.
Finally, hyperlinks are not everything the right is about: Article 11 refers to the "digital use" of press publications. A "digital use" may range from the scanning of press publications to the display of relevant excerpts and everything in between.
Charlie is scared ... but is there anything to really fear? |
A practical question
Last week I had the chance to speak to a number of people, both stakeholders and legal practitioners, over meals and at events. While coming from different positions in relation to the current EU copyright debate, they all seemed to have the same question:
Will the press publishers' right have any practical relevance?
Despite some earlier academic concerns, the answer may be 'NO' in the majority of cases. The reason for this is twofold.
First, the new press publishers' right is certainly not broader than copyright (and is certainly shorter). Article 11 is clear in saying that the rights of reproduction and making available, along with related exceptions and limitations, are to be intended in the same sense as the same rights and exceptions under the copyright framework. So, to one who already owns the copyright to a press publication, will ownership of also the press publishers’ right mean anything (useful)?
Secondly - as a matter of practice and possibly with the exclusion of certain free-lance journalists who manage to retain ownership of copyright in their pieces - press publishers already own the copyright to the press publications authored by their journalists-employees. And copyright already provides a fairly powerful tool. Just to provide an example, yesterday I re-read the CJEU decision in Infopaq in preparation for the second IP class with my Southampton Law School undergraduate students.
Readers will promptly remember that that case - a reference for a preliminary ruling from Denmark - concerned indeed press publications scanned without the prior consent or relevant rightholders, ie press publishers.
The CJEU ended up saying that merely "storing an extract of a protected work comprising 11 words and printing out that extract, is such as to come within the concept of reproduction in part within the meaning of Article 2 of Directive 2001/29/EC ..., if the elements thus reproduced are the expression of the intellectual creation of their author".
Would have things been any better if - besides copyright - press publishers could have also invoked the ad hoc press publishers' right in an Infopaq-like scenario?
Conclusion
All in all, it is unclear whether and to what extent the press publishers' right will change things in relation to digital uses of press publications.
Also the reference to the CJEU decision in Reprobel [here] in Recital 36 seems a bit out of context [and possibly only makes sense if, instead of Article 11, it is read as referring to Article 12], since that decision nothing had to do with digital uses of press publications. Reprobel was completely a non-digital case concerning private copying levies in printers.
In the majority of cases the addition of the press publishers’ right extra-layer of protection is unlikely to make a difference. But am I missing something here? As always, readers' feedback is very welcome!
Ik kocht dit exemplaar van gucci schoenen en tassen en kleding van deze winkel,goedkoop gucci schoenen de kwaliteit is zeer goed, is vaak teruggekocht, aanbevolen aan vrienden in de buurt, ze prijzen allemaal de kwaliteit van schoenen en tassen,goedkoop gucci zonnebril de winkel service attitude is goed.
BalasHapusGet dispensary offers you premium-quality cannabis buds including sativa, indica, hybrids, and high-CBD flowers all carrying a generous layer of cannabinoid-rich resin, and some of them can pack a serious punch. We deliver in all the states in the US and also Europe and Australia. https://getdispensary.org/shop/ call/text or whassap at +17202138072
BalasHapusdispensary united states
og kush ferminized cannabis seeds
buy kush online in usa
buy kush herbal incense online
buy kush hemp flowers
buy vapes online cheap
vapes in united states
buy vapes uk
buy concentrates online usa
buy cannabis concentrates
marijuana concentrates online store
online concentrates cbd thc usa
buy indical cannabis oil
buy indical catridges online
buy indical capsules online
buy satival cbd oil
easy buy satival cannabis in usa
cbd oil benefits
terpenes for migraines
how to buy wax
buy vapes onlien europe
buy live resin cartridge
live resin concentrate
treating migraines with cannabinoids
buy live resin uk
buy vapes las vegas
sativa cannabis strains
buy sativa seeds feminized
fibromyalgia treatment with cannabinoids
treating depression with cannabinoids
how to treat insomnia with mmj
buy kush cannabis plants oregon
buy vapes in bulk
live resin concentrate
Balanced Hybrid Cannabis INDICA Top Shelf Strains
CONCENTRATE High Terpene Full Spectrum Extracts
Aura Edibles Gummy Candies
http://knsz.prz.edu.pl/forum/member.php?action=profile&uid=380086/
BalasHapusDurban Poison, Doug’s Varin, Moon Rock, Fruity Pebbles and Pineapple Express are among some of the most popular strains in the market. All of the strains that we cultivate and sell are grade a+ top shelf, no exceptions. Previously thought impossible to grow strains like the Sunset Sherbet, Khalifa Kush, LSD, Jack Herer and Gorilla Glue. It is safe to say we have some of the very best and experienced growers in the cannabis industry. The rapid growth in the industry is highly welcomed, especially with the recent down tick in sales of the miracle plant.
BalasHapussome watched occasions and other unique events. Individuals additionally send roses to wish somebody or to communicate their conciliatory sentiment, and compassion. Eventually, blossoms are given for different reasons, The Heating Boutique voucher codes and each has its own implications also.
BalasHapus
BalasHapusESCORT SERVICE PHONE NUMBER IN KOLKATA
ESCORT SERVICE PHONE NUMBER KOLKATA
KOLKATA ESCORT
ESCORT SERVICE IN KOLKATA
ESCORT SERVICE KOLKATA
KOLKATA ESCORT SERVICE
ESCORT KOLKATA
KOLKATA SHEMALE ESCORT
ESCORT IN KOLKATA
ESCORT SERVICES IN KOLKATA
KOLKATA ESCORT SERVICES
CHEAP ESCORT SERVICES IN KOLKATA
ESCORT SERVICES KOLKATA
ESCORT GIRL IN KOLKATA
KOLKATA ESCORT GIRL
ESCORT GIRLS KOLKATA
ESCORT SERVICEIN IN ULTADANGA
GIRLS ESCORT SERVICE OF KOLKATA
Escorts in Karachi
BalasHapusVIP Escorts in Murree
VIP Escorts in Rawalpindi
Call girls in Rawalpindi
BalasHapusEscorts Murree
VIP Escorts in Murree
Escorts in Karachi
BalasHapusEscorts Karachi
Karachi Escorts
Escorts services in Karachi
Escorts service Karachi
Call girls in Karachi
VIP Call girls in Karachi
Call girls Karachi
Sexy Escorts Karachi
Best Escorts Karachi
VIP Escorts Karachi
Escorts in Karachi
BalasHapusEscorts Karachi
Karachi Escorts
Very informative post ! There is a lot of information here that can help any business get started with a successful social networking campaign.
BalasHapuscall girls in murree