Copyright

Report on ‘Standardisation in the Area of Innovation and Technological Development, Notably in the Field of Text and Data Mining’

Text and data mining (TDM) is an important technique for analysing and extracting new insights and knowledge from the exponentially increasing store of digital data (‘Big Data’). It is important to understand the extent to which the EU’s current legal framework encourages or obstructs this new form of research and to assess the scale of the economic issues at stake.

TDM represents a significant economic opportunity for Europe. At present, the use of TDM tools by researchers in Europe appears to be lower than in its main competitors. In the legal issues section a description is offered of the application of different intellectual property laws and the extent to which TDM in Europe is facilitated by any existing exceptions to either EU copyright or database law. The application of a copyright and database exception relating to teaching or scientific research is optional and has not been implemented at all in some Member States. This has contributed to uncertainty in the European scientific research community.

There is a serious risk that Europe’s relative competitive position as a research location for the exploitation of digital data will deteriorate further, if steps are not taken to address the issues discussed in this report prepared for the EC Directorate-General for Research and Innovation by a Group of Experts.

The full report is available here.

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A new ruling on copyright levies: DIGITALEUROPE’s position

Last week the Court of Justice of the European Union issued a judgement bringing some clarity to the system of copyright levies in the European Union (ACI Adam case C-435/12), which is available here.

According to the European Commission, a 'copying levy' is a form of compensation for rightholders based on the premise that an act of private copying cannot be licensed for practical purposes and thus causes economic harm to the relevant rightholders. Copyright levies are therefore applied to recording equipment or media used by consumers to make home copies.

DIGITALEUROPE, an European association comprising among others several EU trade associations in the digital sector, has welcomed this judgement. To read in detail the position of DIGITALEUROPE, please click here. To learn about the European Commission’s initiatives concerning copyright levies in recent years, click here.

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Council adopts directive on copyright and access to online music

Last week the Council adopted a new directive that “aims to improve management of copyright and cross-border licensing of online music. Instead of having to obtain a copyright license in every EU member state, online retailers and music streaming services will be able to get them from collective management organisations working across borders.” With this new directive, it is expected that European consumers will gain access to a wider variety of creative content.

Once the directive enters into force, member states will have 2 years to incorporate it into national law.

To read the Council press release, please click here. Further information on the new directive is available here.

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Copyright: cross-border licences for online music services

This week the European Parliament approved new rules on music copyright with the goal of making it easier “for online providers to get licences to stream music in more than one EU country”. These rules will not only ensure that the rights of artists are well protected, preserving cultural diversity in the EU, but also stimulate the creation of new online music services available for consumers.

This new legislative framework still requires the approval of the Council. Once this approval is achieved, the EU member states will have 2 years to incorporate the rules into their national law.

For further information, please click here. For details of the new rules, click here.

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Copyright management and Creative Commons in FP7

The Creative Commons initiative is not incompatible with copyright and on the contrary is based on the existence of copyright protection, since it allows the work to be licensed to others interested in using the material.

Take a look at this new case study to see how the use of Creative Commons licences can be beneficial for dissemination of project results, without undermining legal protection.

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Commission launches public consultation on copyright

The European Commission has launched a public consultation on the EU copyright rules. This consultation invites stakeholders to share their views on territoriality in the Single Market, harmonisation, limitations and exceptions to copyright in the digital age; fragmentation of the EU copyright market; and how to improve the effectiveness and efficiency of enforcement while underpinning its legitimacy in the wider context of copyright reform.

This consultation is part of the on-going efforts to review and modernise the EU copyright rules as announced in the Intellectual Property Strategy "A Single Market for Intellectual Property Rights".

The consultation is open until 5 February 2014. For further information please click here and for submitting your contribution here.

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First European TMDN Newsletter out now

The first issue of the new European TMDN News is out now. The newsletter is focused on the intellectual property community, and looks at the European Trade Mark and Design Network's drive to share best practices and harmonise working methods.

In this English language version of the issue you'll find all the latest news on the Back Office project, the Terminology Maintenance Console, the Quality tool and a roundup of all the latest news from the EU National IP Offices. The magazine will be available in 23 EU languages in the coming weeks.

To read this first European TMDN newsletter, please click here.

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Licences for Europe: stakeholders make ten pledges to bring more content online

The "Licences for Europe" stakeholder dialogue was launched by the European Commission in February 2013 with two aims: first to support its task to review and modernise the EU copyright legislative framework, secondly to present concrete solutions to the challenges of the Digital Single Market.

In the final plenary meeting held on November 13 and jointly led by Commissioners Michel Barnier (Internal Market and Services), Neelie Kroes (Digital Agenda) and Androulla Vassiliou (Education, Culture, Multilingualism and Youth), stakeholders made pledges to overcome problems that European citizens may face in four areas: cross-border access and portability of services; user-generated content and micro-licensing; audiovisual heritage and text and data mining.

For further information on the Licences for Europe dialogue, please click here. To read the ten pledges, press release and Commissioners’ speeches, please click here.

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Collective management of copyright: EP and Council strike a deal

On-line music service providers will be able to get licences more easily under a provisional deal struck by the European Parliament and Council negotiators on Monday evening. The new rules are intended to stimulate the creation of EU-wide online music services for consumers and ensure that creators' rights are better protected and their royalties are paid more quickly.

“The Directive will effectively protect the interests of European creators and make it possible for end users to have access to copyright-protected content throughout Europe. This new piece of legislation clearly demonstrates that copyright can be easily adapted to the digital era,” said the rapporteur, Marielle Gallo.

For further information, please click here.

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France partially drops the HADOPI provisions

The French Minister of Culture and Communication, Ms Aurélie Filippetti, announced the publication of the decree abolishing the penalty of suspension of the Internet connection for people who had committed copyright infringement in application of the so-called HADOPI law.

The HADOPI law remains nevertheless applicable for the remaining provisions. The three steps measure is therefore still alive but the maximum sanction for piracy is now a 1,500 euro fine, which as yet has never been pronounced by a court.

For further information, please click here.

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