Public intervention at “Copyright Reform Unlocking copyright for users”

In Copyright Reform: Unlocking copyright for users COMMUNIA asks several civil society groups, EDRi among them, for their view on the current copyright reform: what are the biggest hopes, the biggest fears and the concrete plans to #FixCopyright.
Listen to what Diego Naranjo, EDRi’s advocacy manager has to say and join the discussion now.

communia-association.org/

All contents in this video have been released into the Public Domain via a CC0 dedication.

Music (in order of appearance):
– freepd.com/Rock%20Pop/Warfare%20Confederation
– freepd.com/Rock%20Pop/Pulse
– freepd.com/Cinematic/Connect%20the%20Dots
– freepd.com/Electronic/Overt%20Intimidation%20Loop

Font:
– font.ubuntu.com/ / font.ubuntu.com/licence/

Towards a corporate copyright reform in the EU?

(originally published at https://edri.org/towards-corporate-copyright-reform-eu/)

On 24 August, Statewatch leaked the draft Impact Assessment (IA) of the European Commission (EC) on the copyright reform.

Impact Assessments are an essential part in the decision making process. They are where the EC analyses the different options available when considering a policy initiative. Ahead of the official presentation of the final IA in September 2016, the leak hints the range of proposals that could be adopted in the European Union (EU) on copyright matters.

During our copyfails blogpost series we described how badly the EU copyright regime is broken, and how these failures could be fixed if the political will existed. However, after reading the draft IA, our conclusion is that EU policy-makers do not seem to think it is worth the effort to bring copyright to the XXI century. Ignoring the results of the copyright consultation of 2014, and despite not having published the analysis on the results on the public consultation on ancillary copyright and freedom of panorama, the Commission has a plan: Let’s ignore all facts (even those previously identified) and avoid a real reform at all costs.

Copyright_blogpost_20160831

The draft text shows:

First, the long-awaited copyright reform is likely to become a patchwork of concessions to lobbyists’ demands. If a ban on geo-blocking was something that had any chance to be discussed, the film industry fought that idea, and has prevailed in its demands to maintain the borders in Europe’s “digital single market”. If news publishers wanted an EU wide version of the failed ancillary copyright initiatives to “tax” Google in Spain and Germany, they they will be delighted with the even more extravagant and dangerous position being adopted by the Commission. While the national-level initiatives have been very controversial and have lead to serious consequences, the Commission is going much further. “Ancillary copyright on steroids” seem to the Commission to be the best option, despite publishers themselves admitting that this measure, in their most optimistic possible scenario, would only lead to a ten-percent increase in revenues. Finally, when the music industry giants started complaining about how little money they get from YouTube (despite the billions they do receive), they were given a proposal to fix the so-called “value gap” extending the same system to other online platforms.

Second, once the corporate wish list was diligently followed, the Commission felt creative and thought that extending the automatic identification of works, Google’s Content ID, and making it the new standard would be a good idea. And why not adopt a Google product as a standard? Why not adopt a Google product that is regularly used to delete perfectly legal content? Why not give rights-holder the power to de facto overturn legislators’ decisions on copyright flexibilities? Why not create another barrier for Europe’s online entrepreneurs?

Content ID tools cannot deal with the nuances of copyright law. This will inevitably lead into restrictions on uses of cultural content which are permitted under legally safeguarded copyright flexibilities (“exceptions and limitations”), for example, copyrighted works in teaching environments. Furthermore, the huge costs of creating such a system would impede small and medium enterprises from competing in the market with giants like Google and seriously undermine the possibilities to create new businesses in Europe.

Despite the bad news that this draft IA brings, not everything is lost yet. The European Commission has time and the duty to fix the draft Impact Assessment and prepare the copyright reform that the EU needs. At this stage a solid alliance of diverse stakeholders is needed in order to subvert the corporate copyright reform that could be announced this month.

European Commission Staff Working Document Impact Assessment on the modernisation of copyright rules
http://statewatch.org/news/2016/aug/eu-com-copyright-draft.pdf

European Copyright Leak Exposes Plans to Force the Internet to Subsidize Publishers
https://www.eff.org/deeplinks/2016/08/european-copyright-leak-exposes-plans-force-internet-subsidize-publishers

Google snippet tax, geoblocking, other copyright reform shunned in EU plan
http://arstechnica.co.uk/tech-policy/2016/08/geoblocking-google-tax-copyright-reform-shunned-eu-plan/

Commissioner Oettinger is about to turn EU copyright reform into another ACTA
https://juliareda.eu/2016/08/copyright-reform-another-acta/

Copyfails: Time to #fixcopyright!
https://edri.org/copyfails/

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Copyfails: Time to #fixcopyright!

(Originally published at the EDRi website as part of our campaign to reform EU copyright)

By Diego Naranjo

We believe that new technologies bring new ways to access culture – they are not a threat for creators. We believe that the legitimacy crisis of the current EU copyright regime is created by the system itself. We believe there’s a need for a modernised copyright regime which takes into consideration the needs of all parts of society, including creators.

Europe needs a more profound reform of the EU copyright regime than the one that the European Commission has announced. To illustrate this, we have identified nine copyfails – crucial failures of the current EU system. You can read the first blogpost of our “copyfails” series, presenting the copyfail #1 here.

The European Commission has set in its agenda reforming copyright as one of the foundations to build the Digital Single Market. However, the Communication published at the end of 2015 did not meet the expectations of the announced “more modern, more European” copyright. On the contrary, the Commission apparently only wants to paper over the serious cracks in the wobbling structure of EU copyright legislation rather than addressing the real problems.

copyfails

Are you ready to #fixcopyright in the EU? Follow #fixcopyright on Twitter!

COPYFAILS:
Copyfail #1
Copyfail #2
Copyfail #3
Copyfail #4
Copyfail #5
Copyfail #6

Read more:
Copyright reform: Restoring the facade of a decrepit building (16.12.2015)
https://edri.org/copyright-reform-restoring-the-facadeof-a-decrepit-building/