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Understanding what is for Research and Innovation in the EC proposal for EU Copyright Directive

Brief analysis with pointers to stakeholders' reactions to EU proposal for EU Copyright Directive (as of 9 January 2017)

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Understanding what is for Research and Innovation in the EC proposal for EU Copyright Directive

  1. 1. Understanding what is for Research & Innovation in the EC proposal for a EU Copyright Directive A brief analysis with pointers to stakeholders' reactions Jean-François Dechamp, European Commission (DG RTD) – 9 January 2017
  2. 2. Outline Rationale in five key aspects Three issues of interest for the R&I sector and reactions from main stakeholders 1. TDM exception ('Option 3')  R&I ecosystem 2. Publisher's related right  scholarly publishing 3. Transparency obligations  scholarly publishing Pointers to comments and position papers Other references
  3. 3. Rationale in five key aspects 1. "Science is different!" • Authors in most cases not remunerated, give away their ©... 2. Modern R&I • Increasing amounts of content, massive analyse with TDM... • Multi-disciplinarity, public and/or private partners, 'Big Data'... 3. Legal hurdles • Licences for Europe: licence-based solutions for scientific papers do not seem to work, are massively rejected by academics... 4. DSM strategy • Copyright modernisation in order to reflect technological advances 5. Open Science • Open access, European Open Science Cloud...
  4. 4. 1. TDM exception (Option 3, simplified) 2001 Directive 2016 proposal Note Optional implementation Mandatory implementation Lawful access required Subject to different interpretations Clarified for TDM Applying to 'non- commercial' research Open to any scientific research Open to any beneficiary Applying to research organisations acting in public interest/not-for-profit Unclear on other contracts Not overridable by contract Technical protection measures (TPM) TPM + security/integrity of networks and databases
  5. 5. 1. Reactions to TDM exception proposal Associations of academics & of Research Funding Organisations  on exception (mandatory etc.)  on exclusion of businesses  on room for improvement/broadening  on Technical Protection Measures (perceived strengthened) and security/integrity of networks and databases Association of startups  on exclusion of businesses
  6. 6. 1. Reactions to TDM exception proposal STM-Publishing & FEP-FEE  on lawful access (not sufficiently defined)  on commercial use of scientific research  on supporting adoption of best practices  on Technical Protection Measures (perceived weakened) OASPA (Open Access Scholarly Publishers)  on lawful access (but should be better defined)  on extension to both non- commercial and commercial aspects  on supporting adoption of best practices & behaviours (e.g. ethics)  on 'the right to read is right to mine'
  7. 7. 2. Publisher's related right Recital (13) • No need to provide for compensation because of minimal harm Recital (33) • Scientific journals should not be covered by the protection granted to press publications
  8. 8. 2. Reactions to publisher's related right proposal A hurried and unacceptable addition. LIBER This exclusion [of scientific publishers] is disappointing, unwarranted and potentially discriminatory. STM-Publishing
  9. 9. 3. Transparency obligations Article 14 Transparency obligation • Member States shall ensure that authors [...] receive [...] information on the exploitation of their works [...] from those to whom they have licensed or transferred their rights, notably as regards [...] revenues generated and remuneration due. Article 15 Contract adjustment mechanisms • Member States shall ensure that authors [...] are entitled to request [...] remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low compared to the subsequent relevant revenues and benefits derived from the exploitation of the works [...].
  10. 10. 3. Reactions to transparency obligations proposal [We are] delighted to see that the proposed directive includes a transparency obligation. LERU SPARC Europe [It] has the potential to challenge the high strains that the current commercial publishing industry is putting on its research institutions by challenging the ethics of current excessive commercial publishing pricing models through more transparency.
  11. 11. Pointers: academics & funders EUA - European University Association IFLA - International Federation of Library Associations and Institutions, & partners LERU - League of European Research Universities LIBER - Association of European Research Libraries, and initiative The Hague Declaration Science-Europe - Research funding organisations SPARC-Europe - Scholarly Publishing and Academic Resources Coalition in the EU
  12. 12. Pointers: publishers FEP-FEE - Federation of European Publishers STM-Publishing - International Association of Scientific, Technical and Medical Publishers OASPA - Open Access Scholarly Publishers Association
  13. 13. Pointers: businesses & others Allied for startups - a global advocacy organisation representing startup associations, and initiative Communia - a consortium of stakeholders in public domain
  14. 14. 4. Council of the European Union Council Conclusions The transition towards an Open Science system (27 May 2016) • WELCOMES the Commission Communication of 9 December 2015 on "Towards a modern, more European copyright framework" and LOOKS FORWARD to the legislative proposals from the Commission announced therein; STRESSES the importance to enhance the EU’s competitiveness, and technological and scientific leadership, which could include allowing public interest research organisations to carry out text and data mining of content, to which they already have lawful access, for scientific research purposes; STRESSES the need to continue the support by the Commission and Member States to allow all bodies and organisations, including citizens, scientists and businesses and SMEs, to mine results of publicly funded research they already have legal access to.
  15. 15. 4. Commissioner Moedas Science needs a copyright law that reflects the reality of the modern age. We must remove barriers that prevent scientists from digging deeper into the existing knowledge base. This proposed copyright exception will give researchers the freedom to pursue their work without fear of legal repercussions, and so allow our greatest minds to discover new solutions to major societal problems. Brussels, 14 September 2016 (News alert)
  16. 16. Compiled by @OpenAccessEC Feel free to re-use