A well-functioning, modern copyright framework balances the protection of creators and cultural industries with access for citizens to culture, knowledge and education, also across borders.
The Commission has proposed two directives and two regulations to adapt the EU copyright rules to the realities of the Digital Single Market, on 14 September 2016. A directive on copyright in the Digital Single Market and a regulation will ensure:
better choice and access to content online and across borders
improved copyright rules on research, education and inclusion of disabled people
a fairer and sustainable marketplace for creators, the creative industries and the press.
The Marrakesh treaty for people with print disabilities will be implemented in EU law via a directive and regulation.
These proposals will help European copyright industries to flourish in the Digital Single Market and European authors to reach new audiences, while making European works widely accessible to European citizens, also across borders. The aim is also to ensuring a good balance between copyright and other public policy objectives such as education, research, innovation and the needs of persons with disabilities.
Ensuring wider online access to content in the EU and reaching new audiences
One key objective of the proposals is to increase the availability of works for citizens across Europe, provide new distribution channels for creators and bring the EU's cultural heritage to the forefront.
The main new elements to achieve this objective are:
creating favourable conditions for cross-border distribution of television and radio programmes online
increasing the availability of audiovisual works on VoD platforms
facilitating the digitalisation and dissemination of works that are out-of-commerce.
Adapting exceptions to digital and cross-border environments
Most of the exceptions in EU law are currently optional and do not apply across borders. Also some of them need to be re-assessed in light of today's technological realities.
The objective of the proposed directive is to modernize the EU rules applicable to key exceptions and limitations in the areas of teaching, research and preservation of cultural heritage, focusing in particular on digital and cross-border uses.
The mandatory exceptions that the proposed directive announces are related to:
teaching activities
text and data mining
preservation of cultural heritage.
In addition, a new directive and a regulation will implement the Marrakesh Treaty, to facilitate access to published works for persons with printing disabilities.
Achieving a well-functioning marketplace for copyright
The proposed measures aim at creating a fairer market place for online content, in particular as regards press publications, online platforms and remuneration of authors and performers.
The main elements of the proposed directive are:
related or "neighbouring" right for press publishers
a reinforced position of right holders to negotiate and be remunerated for the online exploitation of their content of video-sharing platforms
remuneration of authors and performers via new transparency rules.
Implementation of the Marrakech Treaty
In parallel, two legislative proposals have been adopted for the implementation in EU law of the Marrakesh Treaty to facilitate access to published works for persons who are blind, visually impaired, or otherwise print disabled (‘the Marrakesh Treaty’), to allow people with print disabilities to access books and other print material in formats that are accessible to them. The proposal for a Directive will establish a mandatory exception and the proposal for a Regulation will permit the cross-border exchange of such copies between the EU and third countries that are parties to the Treaty.
What's next?
Once adopted by the European Commission, the legislative proposals will be sent to the European Parliament and to the Council.
Chapeau communication - Promoting a fair, efficient and competitive European copyright-based economy in the Digital Single Market
Proposal for a Directive of the European Parliament and of the Council on copyright in the Digital Single Market
Proposal for a Regulation of the European Parliament and of the Council laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes
Proposal for a Directive of the European Parliament and of the Council on certain permitted uses of works and other subject-matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print disabled and amending Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society
Proposal for a Regulation of the European Parliament and of the Council on the cross-border exchange between the Union and third countries of accessible format copies of certain works and other subject-matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print disabled
Documents accompanying the proposals
Impact Assessment on the modernisaiton of EU copyright rules and Executive summary of the Impact Assessment on the modernisaiton of EU copyright rules
Other useful documents
Evaluation of the Council Directive 93/83/EEC on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission and Executive summary of the Evaluation of the Council Directive 93/83/EEC on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission
Eurobarometer report Internet users’ preferences for accessing content online and country factsheets
Synopsis report and contributions of the results of the public consultation on the role of publishers in the copyright value chain and on the "panorama exception"
