A decade of (random) copyright reform in Europe (Eleonora Rosati)

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My presentation at JIPLP's10th Anniversary Conference, held in London on 26 November 2015

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A decade of (random) copyright reform in Europe (Eleonora Rosati)

  1. 1. @eLAWnora eleonora@e-lawnora.com A DECADE OF RANDOM COPYRIGHT REFORM IN EUROPE JIPLP’s 10th Anniversary Conference London, 26 November 2015 Eleonora Rosati
  2. 2. • Something that has changed me • Something that has changed EU copyright • What future changes? Contents
  3. 3. Something Someone that has changed me
  4. 4. Something that has changed EU copyright
  5. 5. Short history • Early days of EU integration • Internal market objective • Removal of obstacles to free movement and competition • End of the 1980s – 1990s • Growth and competitiveness • 2000s • Piecemeal intervention
  6. 6. EU copyright in 2005
  7. 7. • Legislation • InfoSoc Directive was 4 years old • Enforcement Directive was 1 year old • Policy: the 2004 Commission Working Paper • Only need for slight adjustment of notion of reproduction, and temporary copies exception to cover software and databases • No need to clarify or harmonise anything else, including • Communication to the public • Originality • Moral rights • ECJ • Just couple of decisions (Mediakabel; Lagardère)
  8. 8. • Subject-matter • computer programs • databases • semiconductors • satellite and cable • Economic rights • copyright in the information society • resale right • rental right • related rights • Enforcement • Term of protection • Orphan works • Collective rights management organisations Overall: ad hoc harmonisation
  9. 9. Until 2009 …
  10. 10. And things suddenly changed …
  11. 11. • 2009 • Lisbon Reform Treaty • Reflection Document of DG INFSO and DG MARKT • 2010 • Wittem Group’s European Copyright Code • Monti Report • 2011 • Single Market Act • Commission’s blueprint • 2013 • Public Consultation on the review of EU copyright rules (9,500+ responses) Speaking of deepening harmonisation
  12. 12. EU copyright in 2015
  13. 13. • Features high on policy agenda • Digital Single Market Strategy • Features high on CJEU calendar • In 2014 CJEU completed 69 IP cases • Cf 2013 Report: 43 cases But in what terms?
  14. 14. • Geoblocking and content portability • Exceptions and limitations • Online intermediaries and platforms The Digital Single Market Strategy (May 2015)
  15. 15. Geoblocking and content portability • A copyright issue? • A time-limited portability? • Only for lawfully acquired content?
  16. 16. • It would now seem to go beyond text and data mining • Is reform possible without touching Article 5 of the InfoSoc Directive? Exceptions and limitations
  17. 17. • Just a matter of national implementations/interpretations or should safe harbours be reformed? • What does ‘duty of care’ mean? • Is Follow the Money really so cool? Online intermediaries and platforms
  18. 18. In the meantime …
  19. 19. • What does originality mean? • Can you private copy from unlawful sources? • What is a parody? • Is transmission of a work required to have an act of communication to the public? • Do you need permission to link? • Do you need permission to advertise works for sale? • Can libraries digitise their collections? • Can libraries e-lend works?
  20. 20. Diverging views … But what has changed in a decade?
  21. 21. • The CJEU is preeminent • Policy discourse revolves around copyright • Public attention revolves around copyright …
  22. 22. What will happen in the next decade?
  23. 23. • CJEU will change • Full harmonisation will be less than a dream and more like a necessity • Lots to blog, research, write about
  24. 24. But always …
  25. 25. Thanks for your attention! eleonora@e-lawnora.com @eLAWnora

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