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On Tuesday, September 26, I was invited to speak at the Digital Europe Working Group of the Progressive Alliance of Socialists and Democrats (S&D) in the European Parliament on the issue of copyright reform. Current debates circle mostly around two new articles proposed by the European Commission. Article 11 proposes to introduce a new neighbouring right for press publishers, following the (so far mostly failed) examples of Germany and Spain. Article 13, in turn, wants platform owners to implement upload filters as a means of copyright enforcement, thereby undermining liability exceptions of the EU E-Commerce directive.

The key point I was trying to make was that targeting large platforms such as Google and Facebook with ever stricter copyright regulation won’t hurt them but rather their competition and anyone else. Even now we can observe that, due to its market power, Google was able to more or less write its own copyright rules for its video platform YouTube. Actually, this had also been necessary, given the misalignment between European copyright regulation and every day online practices based (e.g., creating and sharing user-generated content) upon new digital technologies.

As a consequence, YouTube effectively functions as a transnational rights clearing center and has brought back registration requirements to copyright law in action. However, rights clearing only works on YouTube’s proprietary platform and with remuneration rules negotiated between Google and rights holders; this further strengthens Youtube’s already dominant position in the market place Introducing an upload filter requirement would only further strengthen Google’s market position, making it even more difficult for rights holders to negotiate fair remuneration.

As a way forward, I proposed introducing harmonized and remunerated exceptions for remix and bagatelle uses instead. These would be practical not just for Google but also for anyone else and help to re-align copyright law in the books with copyright law in action.

Please find a video (slides and audio only) and my slides below: Read the rest of this entry »

The slides and text below were prepared for a public hearing of the European Parliament’s Committee on Legal Affairs and the Committee on Culture and Education
 on “The Future Development of Copyright in Europe”, November 11, 2014, in Brussels (see PDF of the program). It builds on an analysis of the European Commission’s report on on the responses to the Public Consultation on the Review of the EU Copyright Rules.

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This week the EU Commission published its report (PDF) on responses to the public consultation on EU copyright held earlier this year. The consultation had drawn a comparably high number of responses with a total of about 11,000 messages, not least due to initiatives such as fixcopyright.eu (targeting end users) and creatorsforeurope.eu (targeting authors and performers). While over at IPKat copyright buffs are already delving into the details of the report, I tried to have a look at the bigger picture here: what do we learn about the state of copyright at large? And what overall direction should copyright reform take? With regard to both questions the report is quite instructive because of its clear and straightforward structure.

The report is structured along the 80 questions of the consultation, which are distributed across 24 issue sections. Within each of these issue sections, the report distinguishes between the different stakeholder groups that took part in the consultation (see chart below).

consultation-stakeholders

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The Book

Governance across borders: transnational fields and transversal themes. Leonhard Dobusch, Philip Mader and Sigrid Quack (eds.), 2013, epubli publishers.
October 2017
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