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School of rock(ing) UE copyright - 2017 Ljubljana
- 3. Where are we now? Public debate → Policy debates → Commission →Council / Parliament→ Member States Regions Policy Options Proposal Decision Implementation ● The European Commission wants a Digital Single Market for Europe, and copyright is a top priority for them. ● After consultations, policy debates and lots of lobby meetings they have come up with a proposal in mid September 2016. .
- 4. Copyright in Europe ● Copyright law in Europe aims to balance the interest of creators (exclusive rights) and the interest of society at large (exceptions and limitations to exclusive rights. ● The balance is off. Exclusive rights have been harmonised and are increasing, while exceptions and limitations are fragmented and unharmonised in Europe.
- 6. Copyright Reform for Education The current problems: 1. Fairly opened and flexible exception in the InfoSoc, but not mandatory 2. Narrow implementations in the MS, leading to cross-border problems 3. National laws use unclear language, leading to legal uncertainty 4. Certain acts are allowed in face-to-face teaching but not online 5. Patchwork of solutions: only 16 MS allow quotes of full-sized images; teaching compilations are not permitted in 4 countries; only 12 MS allow a teacher to make a non-commercial compilation without payment; 10 MS do not permit translations for educational purposes (beyond quotations
- 7. Copyright Reform for Education What the Commission proposes: 1.Context: mandatory exception that covers only digital uses that take place on the premises or through a secure electronic network 2.Rights: applicable only to reproduction, communication to the public, making available to the public 3.Works: material protected by copyright or neighbouring rights, databases and computer programs. MS can exclude materials subject to licenses. 4.Beneficiaries: educational establishment (not defined in the Directive) and its pupils, students and teaching staff
- 8. Copyright Reform for Education What education needs: 1.Context: mandatory exception that is technologically neutral 2.Rights: applicable to all harmonized rights, ie reproduction, communication to the public, making available to the public and distribution right 3.Works: copyrighted works, material protected by neighbouring rights, databases and computer programs. Licenses should not take precedence. 4.Beneficiaries: opened-network of users 5.Fair Use Limitation (worst-case scenario: NC limitation)
- 9. Copyright Reform for Education What education needs: A single “open-ended” mandatory exception covering all acts of use by an open-ended network of users, to ensure harmonization and EU-wide educational uses of all protected materials: InfoSoc exception What education does not need: An exception that divides online/offline, digital/analogue, formal/informal education, and that adds legal complexity (overlaps with existing InfoSoc exception): DSM exception
- 10. Copyright Reform for Text and Data Mining First, what the hell is text and data mining? ● “Any automated analytical technique aiming to analyse text and data in digital form in order to generate information such as patterns, trends and correlations” ● Huge untapped potential for scientific investigation, novel discoveries ● Legal complexity: Facts not copyrightable, some data could be, sui generis database rights ● Publishers want to leverage TDM as another revenue source
- 11. Copyright Reform for Text and Data Mining What would have been an ideal situation: An EU-wide exception that permits TDM of all lawfully-accessed materials—by anyone—for any purpose.
- 12. Copyright Reform for Text and Data Mining What was proposed by the Commission: ● Exception will apply to reproductions and extractions made by research organisations in order to carry out text and data mining of works to which they have lawful access for the purposes of scientific research. ● Contractual provisions contrary to the exception shall be unenforceable. ● Rightholders can apply necessary measures to ensure the security and integrity of content databases. ● Rightsholders and research organizations will chat about best practices. Maybe.
- 13. Copyright Reform for Text and Data Mining The good: ● Mandatory, so will apply uniformly across all EU members states ● Rights granted under the exception cannot be contracted away by publishing contracts or terms of service The bad: ● Only applies to non-profit research organisations (meaning all other users must get a license) ● Limited to scientific research (meaning all other uses must be licensed)
- 14. Casus - Reporting back - Why was it worth to ask this question? - What was challenging while working on answers? - How can we use the info we’ve just prepared?
- 15. What is NOT in the proposal ● No right to remix, no fair use or open norm ● No mention of the Public Domain or aims to strengthen it ● No mention of freedom of panorama CC BY 2.0: Alex E. Proimos
- 17. Brussels and the European Union Brussels: ● European Commission ● Council of the European Union ● European Council ● European Parliament Luxembourg: ● Court of Justice of the European Union ● Court of Auditors Frankfurt: ● European Central Bank
- 18. Brussels and the European Union Brussels hosts: ● European Commission ● Council of the European Union ● European Council ● European Parliament
- 19. European Commission CC BY Glyn Lowe https://creativecommons.org/licenses/by/2.0/
- 20. European Commission: Who are they? Role: Represent general interest of the EU as a whole ● 28 members of the Commission ● One member per member state ● President: Jean-Claude Juncker
- 21. European Commission: What do they do? The European Commission (EC) ● Proposes legislation ● Implements decisions ● Upholds EU treaties ● Manages day-to-day business ● Is the executive body
- 22. European Commission: What do they do? ● Proposes legislation: EC can make formal proposals for legislation
- 23. The Council of the European Union CC0 Public Domain
- 24. Council: Who are they? Role: Represent the interests of the national governments ● Representatives (national ministers) of every member state ● Presidency rotation: Slovakia Fair Use: the Council of the European Union
- 25. Council: What do they do? ● Legislative powers ● Budgetary powers
- 26. The European Parliament CC0 Public Domain (by Garry Knight) https://creativecommons.org/publicdomain/zero/1.0/
- 27. European Parliament: Who are they? Role: represent European Citizens ● 751 parliamentarians (MEPs) ● 7 parliamentary groups ○ European People’s Party (EPP) ○ Socialists & Democrats (S&D)
- 28. European Parliament: What do they do? ● Legislative powers ● Budgetary powers ● EC is accountable to the Parliament ● Elects the president of the Commission ● Approves the appointment of the Commission as a whole
- 30. Ordinary Legislative Procedure - Main legislative procedure by which directives and regulations are adopted - Article 294 Treaty of the Functioning of the European Union More info: http://www.europarl.europa.eu/aboutparliament/en/20150201PVL00004/Legislative-powers
- 31. #0 Before the Proposal Research & Consultations CC0 Public Domain (by holdentrils)
- 32. #1 Commission Proposal European Commission submits legislative proposal to the European Parliament Commission Proposal Commission initiative Request EU institution Request EU country Citizens’ initiative Proposal
- 33. #1b MS’ opinions Member States have eights weeks to send their reasoned opinions on compliance of draft legislative texts with the subsidiarity principle to the Council, the European Parliament and the Commission.
- 34. #2 1st reading in the Parliament President - European Parliament Parliamentary committee European Parliament The European Parliament examines the Commission’s proposal and may adopt or amend it.
- 35. #3 1st reading in Council The Council can adopt or amend and return the proposal to Parliament. Amend Adopt
- 36. #4 2nd reading in Parliament The parliament either approves or rejects the Council’s position. RejectApprove Amend
- 37. #5 2nd reading in Council The Council approves or convenes a Conciliation Committee. Adopt
- 38. #6 Conciliation The Conciliation Committee tries to reach agreement on a joint text. reject
- 39. #7a 3rd reading in Parliament The Parliament examines the joint text and votes in plenary. Approved Reject
- 40. #7 3rd reading in Council The Council examines the joint text and votes in plenary. Approved Rejected
- 41. How to ‘lobby’
- 42. Skitterphoto, CC0 Public Domain, pixabay.com Hans, CC0 Public Domain, pixabay.com
- 43. Talk about basics…. Pezibear, CC0 Public domain, pixabay
- 44. Don’t be late Wokandapix, CC0 Public Domain, pixabay.com
- 45. Be prepared Kaboompics, CC0 public domain, pixabay.com
- 46. Be reliable Uniquedesign52, CC0 Public Domain, pixabay
- 47. Top ten advocacy tips 1. Be early 2. Be reliable 3. Be honest 4. Be understanding 5. Be nice 6. Be thorough 7. Be brief To get to know more check also: https://creativecommons.org/licenses/by-nc-sa/3.0/
- 48. How to talk? RyanMcGuire, CC0 public domain pixabay.com
- 49. How to talk? 1. Never ask someone to go against their party line. Ask them to share your concerns with their group. 2. 20 individual phone calls are usually more effective than aletter signed by 200. 3. Stats & Studies. More! More! More! 4. Don't ask for world peace!
- 51. What can you do (to help)? 1. Keep us and each other in the loop: a. Share if things are happening on a national level. 2. Engage your local communities: a. Inform your local friends on what’s at stake. Organise debate nights, share interesting resources. Keep in mind to keep it (relatively) simple 3. Think about how you want to engage: a. For the topics that you love, create a factsheet, organise a meeting, write happy or angry tweets to Commissioners. Making your voice heard is fundamental, the way you do it is
- 52. What can you do (to help)? 4. Talk to your representatives: ● Your national government ● Your European Parliament Representatives ● People at big organisations with a voice
- 53. Most importantly If you don’t speak up, nobody will hear you. Copyright reform activists are in the minority, we need all men on deck in these important times. All contributions are welcome and needed.
- 54. Thank you! Let’s #FixCopyright together Unless otherwise noted, everything in this presentation is released into the Public Domain using CC0.
Editor's Notes
- Article 13 of the Treaty of European Union lists seven principal decision making bodies of the European Union: The European Parliament, the European Council, the Council of the European Union, the European Commission, the Court of Justice of the European Union, the European Central Bank and the Court of Auditors. 4 out of the seven institutions are based in Brussels making Brussels the unofficial capital of the European Union. The European Commission: is the executive arm of the Union. It provides impetus and direction. The current President is Jean-Claude Juncker (EPP) Council of the European Union: is a body holding legislative and some limited executive powers and is thus the main decision making body of the Union. The European Council: is the group of head of state or government of the EU member states. It provides impetus and direction. The president is Donald Tusk. The European Parliament: shares the legislative and budgetary autority of the Union with the Council of the European Union.
- The European Commission, the Council of the EU and the European Parliament have legislative powers, since we are talking about how (copyright) law gets changed, these institutions are most important to us.
- Picture by www.GlynLowe.com
- The European Commission exists out of 28 persons. They are members of the Commission or simply ‘commissioners’. Every member state provides one commissioners. The commissioners have to represent the general interest of the EU as a whole. They are bound to act independently. They can be characterized as a ‘government’. One of the 28 commissioners is the president: Jean-Claude Juncker. Picture By Factio popularis Europaea - http://www.flickr.com/photos/eppofficial/12995014393/, CC BY 2.0, https://commons.wikimedia.org/w/index.php?curid=31525961
- The European Commission (EC) is the executive body of the European Union. They operate as a ‘government’. It proposes legislations, implements decisions, upholds eu treaties and manages day-to-day business.
- The European Commission is the only institution of the European Union that can make formal proposals for legislation. The Council and Parliament are able to request legislation. Often, the Commission initiates legislative proposals on the basis of these requests.
- The Council represents the national interests of the member states. The Council consists out of representatives of the 28 member states. These representatives vary per topic. The presidency of the Council rotates every six months among the governments of the EU members states. At the moment Slovakia holds the presidency. The Foreign Affairs Council is chaired by the Union’s High Representative
- The Council of the European Union, in short the Council, can be seen as one of the two chambers of the EU’s legislative branch (the other being the European Parliament). The Council also shares the budgetary power of the Union with the parliament.
- The European Parliament (EP) is the directly elected parliamentary institution of the European Union. They represent the citizens. The EP is composed of 751 parliamentarians who are known as Members of the European Parliament (MEPs). The seats are distributed according to ‘degressive proportionaility’, meaning the larger the state, the more citizens are represented per MEP. There are 7 parliamentary groups. The biggest groups are the European People’s Party (EPP) and the Socialists & Democrats (S&D).
- The Parliament shares their legislative powers and budgetary powers with the Council. The European Commission is accountable to the Parliament. The parliament elects the president of the Commission and approves the appointment of the Commission as a whole.
- The main legislative procedure by which directives and regulations are adopted follow the procedure described in article 294 of the Functioning of the European Union. A "regulation" is a binding legislative act. It must be applied in its entirety across the EU. A "directive" is a legislative act that sets out a goal that all EU countries must achieve. However, it is up to the individual countries to devise their own laws on how to reach these goals. These are the most common.
- Before proposing legislation the Commission takes stock of existing laws and conducts an impact assessment to evaluate the potential economic, social and environmental consequences of any new initiative. New situations and issues developing in Europe and possible implications for the new legislation are also taken into account. The Commission must also consult interested parties and other institutions for their views and seek the opinions of national parliaments and governments.
- The European Commission prepares legislative proposals on its own initiative or at the request of other EU institutions or countries, or following a citizens' initiative, often after public consultations. The final proposal is forwarded simultaneously to the European Parliament, Council and national parliaments and, in some cases, to the Committee of the Regions and the Economic and Social Committee.
- The President of the European Parliament refers the proposal to a parliamentary committee, which appoints a rapporteur who is responsible for drawing up a draft report containing amendments to the proposed text. The committee votes on this report and any amendments to it tabled by other members. The European Parliament then discusses and votes on the legislative proposal in plenary on the basis of the committee report and amendments. The result is the Parliament's position. Parliament can accept the proposal without any changes or make amendments. In rare cases the President can request the Commission withdraw its proposal. Parliament's 1st reading position is forwarded to the Council.
- Preparatory work in Council runs in parallel with the 1st reading in Parliament, but Council may only formally conduct its 1st reading based on Parliament's position. Council can: accept the EP position, in which case the legislative act is adopted; or adopt changes to Parliament's position, leading to a Council's 1st reading position, which is sent to Parliament for a 2nd reading.
- The European Parliament has 3 (with a possible extension to 4) months to examine Council's position. The Council position goes first to the responsible committee, which prepares a recommendation for Parliament's 2nd reading. Plenary votes on the recommendation including possible albeit limited amendments. There are 4 possible outcomes to a 2nd reading: Parliament approves Council's position and the act is adopted; Parliament fails to take a decision within the time limit, in which case the act is adopted as amended by Council in its 1st reading; Parliament rejects Council's 1st reading position, in which case the act is not adopted and the procedure is ended; Parliament proposes amendments to Council's 1st reading position and forwards its position to Council for a 2nd reading.
- Council has 3 (with a possible extension to 4) months to examine Parliament's 2nd reading position. It is also informed about the European Commission's position on Parliament's 2nd reading amendments. The Council either approves all Parliament's amendments, in which case the legislative act is adopted, or it does not approve all the amendments. In the latter case, the President of the Council, in agreement with the Parliament President, convenes a meeting of the Conciliation Committee.
- Within 6 (with a possible extension to 8) weeks of the Council's refusal to adopt Parliament's 2nd reading position, the Presidents of the Council and European Parliament convene the Conciliation Committee, with equal numbers of MEPs and Council representatives. The Conciliation Committee has 6 weeks (with a possible extension to 8) to decide on a joint text based on the 2nd reading positions of Parliament and Council. If the Conciliation Committee does not approve a joint text, the proposed legislative act falls and the procedure is ended. If the Conciliation Committee approves a joint text, the text is forwarded for a 3rd reading to the European Parliament and the Council.
- The joint text is sent simultaneously to Parliament and Council for approval. There is no specific order in which the co-legislators must decide. They have 6 (or 8 if jointly agreed) weeks to decide and they cannot modify the text. In Parliament, the vote on the joint text is preceded by a debate in plenary. If Parliament and Council approve the joint text, the legislative proposal is adopted. If one or both rejects it, or does not respond in time, the legislation falls and the procedure is ended. It can only be restarted with a new proposal from the Commission.
- Be early. Being involved in a dossier early shows knowledge of the dossier and willingness to be engaged. Policy-makers appreciate this greatly. Be reliable. Policy-makers have limited time and need to be credible vis-à-vis their colleagues. Understandably, they listen to people more who have been more reliable – and tend not to forget mistakes. Be honest. Policy-makers eventually forgive - but not forget - mistakes. They neither forgive nor forget being misled. Be understanding. Know and make allowances for the practical and political options available to a policymaker. Politics is the art of the possible. Being asked for what you can’t deliver is unsurprisingly not flattering for a policy-maker. Be nice! However important a particular dossier is, being aggressive will never be productive and will limit your options the next time you need to communicate with that policy-maker. Be thorough. Policy-makers appreciate expert and complete analysis. Be brief Be consistent. You need to ensure that your analysis and policy are clear and consistent. It is also important to liaise with other, similar, civil society groups to ensure that the message is not diluted by confusion. Be personal. Policy-makers get zillions of communications from interest groups. Non-personalised messages have less impact. Be a bridge builder. Alliances are crucial, even with individuals, groups and industries that you compete with on other issues.