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Comments on implementation – Directlinks to posts

  • Exceptions (Art. 3 – 7)
  • TDM/Exception for research purposes (Art. 3 and 4)
  • Exception for education (Art. 5)
  • Exception for cultural heritage (Art. 6)
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  • Video-on-demand platforms (Art. 13)
  • Works of visual art in the public domain (Art. 14)
  • Measures for well-functioning marketplace
  • Ancillary copyright for press publishers (Art. 15)
  • Publisher’s compensation (Art. 16)
  • Protected content by online sharing service providers (Art. 17)
  • Remuneration of authors and creatives
  • Transparency/Contract adjustment mechanism (Art. 18 – 20)

Latest posts

  • DSM implementation: what is happening with regards to the other provisions.
  • CJEU hearing: Not even the supporters of Article 17 agree on how it should work
  • DSM directive implementation update: six months to go and no end in sight
  • The new draft bill, part 3 – The ancillary copyright for press publishers
  • The new draft bill, part 2 – Who supports creative individuals?

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THE LEFT Group Secretariat

Creative Commons

Julia Reda on the new draft on Art. 17 of Federal Ministry of Justice’s (DE)

09/29/2020 Konstanze Kriese

Yesterday, Julia Reda published a guest article on heise.de, emphasizing that obviously all attempts to avoid upload filters or to use them in a subordinate way which was were given up in a German legislative proposals. According to the minutes of the German government when it approved the EU reform in April 2019 and after all assurances and announcements to look for a rights-based solution, this is a political U-turn. We should demand again: “Community gets context – filter not!” in the upcoming political disputes on the new proposal.

More information on the new draft of the legislation was provided by Patrick Beuth in Spiegel on 17th of September. He referred in particular to Art. 15, the ancillary right for press publishers. Instead the planned “8 word rule” the new draft suggests the same wording like the EU copyright direction. Now the German draft has taken the same wording. “(U)se of single words or very short excerpts from a press publication” were to be permitted. The vague formulation could have a joyful resonance from media advocates, but nobody will get more legal security and it tightens the enforcement of the already questionable ancillary right law. While Google has no fear going into legal disputes, blogs and independent journalists are still in a difficult situation.

Category: Member state legislations, Comments on implementation
Tags: Art. 15 - ancillary copyright for press publisher using online publications, Art. 17 - Use of protected content by service providers for sharing online content, upload filter, Creative Commons, Ancillary copyright for press publishers (Art. 15), Protected content by online sharing service providers (Art. 17)

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Latest Posts

  • DSM implementation: what is happening with regards to the other provisions.
  • CJEU hearing: Not even the supporters of Article 17 agree on how it should work
  • DSM directive implementation update: six months to go and no end in sight
  • The new draft bill, part 3 – The ancillary copyright for press publishers
  • The new draft bill, part 2 – Who supports creative individuals?

Links to other websites

Die Linke im Europaparlament
THE LEFT Group Secretariat

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