Suchergebnisse

The recently proposed new Copyright Directive was released on 14 September 2016. It has been described by EU law-makers as the pillar of the copyright package promised by the European Commission (EC), to be delivered before the end of Mr. Juncker's mandate. In its Communication of 6 May 2015, the EC had stressed -the importance to enhance cross-border access to copyright-protected content services, facilitate new uses in the fields of research and education, and clarify the role of online services in the distribution of works and other subject-matter. The proposed Copyright Directive is thus a key measure aiming to address two of these three issues. However it is not without shortfalls. We have therefore decided to publicly express our concerns and send an open letter to the European Commission, the European Parliament and the Council to urge them to re-assess the new provisions dealing with mandatory filtering of user-generated content in the light of the CJEU case law and the Charter of Fundamental Rights of the European Union. In a more extended statement, we examine in details the text of both the explanatory memorandum and the Directive itself. Our conclusions are: 1. A comprehensive re-assessment of Article 13 and Recital 39 in the light of the Charter of Fundamental Rights of the European Union and the E-commerce Directive (in particular Article 15) including CJEU case law is needed, as the proposed Copyright Directive does not expressly address the issue of its compatibility with both of these texts. 2. Recital 38 does not clarify the domain and effect of Article 13. Rather, it creates confusion as it goes against settled CJEU case law (relating to Articles 14 and 15 of the E-commerce Directive and Article 3 of the Infosoc Directive). Recital 38 should therefore be deleted or substantially re-drafted/re-phrased. If the EU wants to introduce a change in this regard it should clearly justify its choice. In any case, a recital in the preamble to a directive is not an appropriate tool to achieve this effect. We hope that this exercise will prove useful for the debate that has now begun both in the European Parliament and in the Council.

The recently proposed new Copyright Directive was released on 14 September 2016. It has been described by EU law-makers as the pillar of the copyright package promised by the European Commission (EC), to be delivered before the end of Mr. Juncker's mandate. In its Communication of 6 May 2015, the EC had stressed "the importance to enhance cross-border access to copyright-protected content services, facilitate new uses in the fields of research and education, and clarify the role of online services in the distribution of works and other subject-matter." The proposed Copyright Directive is thus a key measure aiming to address two of these three issues. However it is not without shortfalls. We have therefore decided to publicly express our concerns and send an open letter to the European Commission, the European Parliament and the Council to urge them to re-assess the new provisions dealing with mandatory filtering of user-generated content in the light of the CJEU case law and the Charter of Fundamental Rights of the European Union. In a more extended statement, we examine in details the text of both the explanatory memorandum and the Directive itself. Our conclusions are: 1. A comprehensive re-assessment of Article 13 and Recital 39 in the light of the Charter of Fundamental Rights of the European Union and the E-commerce Directive (in particular Article 15) including CJEU case law is needed, as the proposed Copyright Directive does not expressly address the issue of its compatibility with both of these texts. 2. Recital 38 does not clarify the domain and effect of Article 13. Rather, it creates confusion as it goes against settled CJEU case law (relating to Articles 14 and 15 of the E-commerce Directive and Article 3 of the Infosoc Directive). Recital 38 should therefore be deleted or substantially re-drafted/re-phrased. If the EU wants to introduce a change in this regard it should clearly justify its choice. In any case, a recital in the preamble to a directive is not an appropriate tool to achieve this effect. We hope that this exercise will prove useful for the debate that has now begun both in the European Parliament and in the Council.

This presentation gives an overview of current progress in copyright reform in Europe in 2014. It describes the outcome of the EC's Copyright consultation and examines the reaction of research organisations to positions on copyright and TDM taken by WIPO (World Intellectual Property Organisation) and the EPC (European Publishers Council). The paper notes the failure of the Commission to issue a Copyright reform White Paper in July 2014. The presentation then looks at the need for an Exception for Text and Data Mining in EU legislation. It examines the call from research organisations to Elsevier to withdraw its TDM licence. The paper concludes by plotting a course of action for research organisations in 2014-15 to achieve copyright reform and an Exception for TDM.

Julia Reda was elected to the European Parliament for the Pirate Party in 2014. She is a Vice-Chair of her parliamentary group, the Greens/European Free Alliance. In the European Parliament, she serves as a coordinator for the Greens/EFA in the Committee on Internal Market & Consumer Protection (IMCO), as a member of the Legal Affairs (JURI) and Petition (PETI) Committees and was elected to the Enquiry Committee on the Emissions Scandal ("Dieselgate"). She co-founded the Digital Agenda intergroup. Her legislative focus is on copyright and internet policy issues. In 2015, she was responsible for the Parliament's evaluation of the Copyright Directive. Born in Bonn in 1986, Julia Reda was a member of the German Social Democrats for six years before joining the Piratenpartei in 2009 amidst a debate on internet blocking. She served as chairwoman of the party's youth wing from 2010 to 2012 and is a founder of the Young Pirates of Europe. She holds an M.A. in political science and communications science from Johannes-Gutenberg-University Mainz, Germany.

Europe is preparing to implement significant changes to copyright law, and this will inevitably influence how research libraries function. LIBER's Copyright & Legal Matters Working Group has been actively participating in the copyright reform process, speaking up for research libraries and arguing for changes which will support better access to information and new technologies such as Text and Data Mining. These slides relate to a webinar given on 4 June by working group members Ben White (British Library) and Helena Lovegrove (LIBER's Advocacy Advisor). In the webinar, they share the latest news on the European Commission's proposal, and the implications for research and libraries if the legislation is passed in its current form. The webinar recording will be made available on YouTube: https://www.youtube.com/playlist?list=PLHA3lUmrYM3sR0sdjTEED4ahsCO3GTx9w

In this bold and persuasive work Daniel Gervais, one of the world's leading thinkers on the subject of intellectual property, argues that the international copyright system is in need of a root and branch rethink. As the Internet alters the world in which copyright operates beyond all recognition, a world increasingly defined by the might of online intermediaries and spawning a generation who are simultaneously authors, users and re-users of creative works, the structure of copyright in its current form is inadequate and unfit for purpose. This ambitious and far-reaching book sets out to diagn --Source other than Library of Congress

Transcription of the intervention at the S&D Group debate: 'Copyright: what is broken, how to mend it?' on Thursday 18 October, 2012 at the European Parliament, Brussels.

Abstract
After going through four drafts and several consultations in the past decade, the Third Amendment of Copyright Law was finally adopted in China on 11 November 2020. The new Copyright Law came into effect on 1 June 2021. This report presents a comprehensive analysis of the major changes in the Third Amendment, including originality, copyright subject matter, scope of exclusive rights, copyright collective management organisations, digital rights management, and remedies. In addition, this report discusses unsolved issues in the Third Amendment ‒ namely orphan works and those associated with artificial intelligence technologies ‒ for future copyright reform. By examining the amended provisions in the Third Amendment, this report illustrates the multiple purposes underlying China's recent copyright reform.

In the past, computational representations of copyright law were almost exclusively used for DRM technology, and with that at the consumer side of the creative industry. The problems of this approach are well known. This project explores more "creative" approaches to computational copyright law - instead of focussing on consumers, it aims to utilise "self-applying" law to reduce costs both for the legislative process and also for the management of licenses and contracts by the rights holders and their legal representative. The paper proposes an approach to AI assisted law reform, that tries to align research in Artificial Intelligence and Law with the jurisprudential philosophy of Luc Wintgens. Taking a holistic, system-oriented view, we propose a visualisation based link analysis that allows lawmakers to identify those parts of the legal system where the smallest amount of change has the largest effect.