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EU Copyright: Just Like a New IP Lawyer? (Eleonora Rosati)


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Keynote presentation at inaugural conference of New IP Lawyers Network (University of Exeter, 22 June 2015)

Published in: Law
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EU Copyright: Just Like a New IP Lawyer? (Eleonora Rosati)

  1. 1. Who Owns the Arts and the Sciences? New IP Lawyers Inaugural Conference Exeter, 22 and 23 June 2015 Dr Eleonora Rosati @eLAWnora EU Copyright: Just Like a New IP Lawyer?
  2. 2. Contents • EU copyright reform debate • Quick recap: what happened before • The Reda Report • The Digital Single Market Strategy • What’s in there • What is missing .. but features elsewhere • Is there such thing as an age of EU copyright reform? • Can any parallels be drawn with new IP lawyers?
  3. 3. EU copyright reform debate
  4. 4. Once upon a (copyright) dream …
  5. 5. We may go all the way back to 1988 …
  6. 6. … but maybe it’s OK just to stop at 2014 • The Public Consultation • Access to content and licence segmentation • Exclusive rights • Making available to the public • Hyperlinking and browsing • Digital exhaustion • Exceptions and limitations • Formalities • Duration and identifiers • Fair remuneration • Civil enforcement and role of ISPs • More harmonisation?
  7. 7. What came next?
  8. 8. A couple of leaked draft documents … • Impact Assessment: further harmonisation • From doing nothing to European copyright code and everything in between, including soft law and new directive(s) • White Paper • Premature to address digital exhaustion and e-lending • Maybe revising research exception (TDM) • More harmonisation of private copying levies
  9. 9. New Parliament New Commission New … era?
  10. 10. Reda Report 556 amendments presented
  11. 11. The Digital Single Market Strategy
  12. 12. Getting rid of all the “pointless barriers”?
  13. 13. The Digital Single Market Strategy • 3 pillars 1. Better access for consumers and businesses to online goods and services across Europe 2. Creating the right conditions for digital networks and services to flourish 3. Maximising the growth potential of European digital economy • Translated into copyright language:
  14. 14. What is not in the Digital Single Market Strategy • Exclusive rights • E-lending • Private copying levies • Fair remuneration • Full harmonisation • Indication of legal instruments
  15. 15. Although they are somewhere else … • Exclusive rights • Distribution right: Labianca, C-516/13 • Digital exhaustion (implicitly): Art&Allposters, C-419/13 • Linking: C More, C-279/13 • GS Media, C-160/15 • E-lending: Vereniging van Openbare Bibliotheken v Stichting Leenrecht • Private copying levies: Copydan, C-463/12 • HP Belgium, C-572/13 • Egeda, C-470/14 • Nokia Italia, C-110/15 In 2014 CJEU completed 69 IP cases Cf 2013: 43 cases
  16. 16. Is there such thing as an age of EU copyright reform?
  17. 17. All in all: who’s who?
  18. 18. Case law Exclusive rights Exceptions and limitations Policy Geoblocking (Exceptions and limitations) (Possibly) ISPs
  19. 19. Can any parallels be drawn with new IP lawyers?
  20. 20. Much to be done
  21. 21. 2 possible approaches
  22. 22. Thanks for your attention! @eLAWnora