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

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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. 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. Pointers: businesses & others
Allied for startups - a global advocacy
organisation representing startup associations, and
initiative Innovatorsact.eu
Communia - a consortium of stakeholders in public
domain

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. 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. Compiled by
@OpenAccessEC
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