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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)
  • Improvement of licensing and access
  • Orphaned works and preservation of heritage (Art. 8)
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  • Measures for well-functioning marketplace
  • Ancillary copyright for press publishers (Art. 15)
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  • Transparency/Contract adjustment mechanism (Art. 18 – 20)

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  • 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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Die Linke im Europaparlament
THE LEFT Group Secretariat

Text and Data Mining

DSM implementation: what is happening with regards to the other provisions.

02/15/2021 eu-admin

Author: Paul Keller

So far, the focus in the implementation discussion has been on the implementation of Article 17 and to a lesser degree Article 15 of the DSM directive. In this overview we are looking at how Member States are treating other provisions (focussing on the ones that have been covered in last year’s implementation study). This concerns the Articles 3 & 4 (Text and data mining), 5 (online educational uses), 6 (preservation by cultural heritage institutions), 8–11 (Access to out-of-commerce works and 14 (protection of the public domain).

Articles 3 & 4 on Text and Data Mining

While the exceptions allowing text and data mining (Article 3 & 4 of the DSM directive) have been among the more controversial provisions during the legislative discussions, they have garnered relatively little attention during the implementation process in the various Member States. The main reasons for this is that the language of both Article 3 (Text and data mining for the purposes of scientific research) and 4 (Exception or limitation for text and data mining) is highly descriptive, providing a clear implementation template for Member States. Given that the vast majority of Member States do not have existing exceptions relating to text and data mining, most Member States have so far opted to implement these new provisions as new stand-alone exceptions into their copyright acts.

mehr lesen
Category: Comments on implementation
Tags: implementation discussion, Public Domain, out-of-commerce rule, Text and Data Mining, Publicity measures/European Registration (Art. 10), Exception for cultural heritage (Art. 6), TDM/Exception for research purposes (Art. 3 and 4), Orphaned works and preservation of heritage (Art. 8), Cross-border uses (Art. 9), Stakeholder dialogue (Art. 11), Works of visual art in the public domain (Art. 14), Exception for education (Art. 5)

Concerns regarding EU copyright reform

07/13/2020 Konstanze Kriese

Background II

  1. European harmonisation of exceptions to copyright law (so-called barrier regulations) for the use of copyright-protected works in the sciences. This concerned, in particular, the use of databases in research (Text and Data Mining – TDM). Furthermore, harmonised exceptions for educational and cultural heritage institutions were to be developed. A Directive for dealing with orphan works, i.e. sources, literature and pictorial works whose authors are unknown, was already in place in 2012. As part of the revised copyright law reform, extended regulations were to be developed in connection with the out-of-commerce rule, which has long been used in practice – an assumption that many works, e.g. those created for political demonstrations or used within a family context (photography), were never created for commercial use, but are of interest today for historical documentation. The main purpose of these regulations is to be able to provide better opportunities for digital publication and exhibition work for the so-called GLAM institutions (Galleries, Libraries, Archives and Museums).
  2. Regulations and a balance between platforms and exploiters of rights, creatives and users in order to counter the value gap, i.e. the turnover gap of many creative individuals online (this is the issue that almost exclusively dominated the media debate). The background to this is the market-leading position of online advertising in search engines and ‘social networks’, as well as the major video-sharing platforms and, of course, the growing convergence of the media, which includes the news, new broadcasting formats and user-generated online channels.
  3. Better copyright contract law. This relates to improving the negotiating power of creatives through collection management organisations and other exploiters of rights having more transparency obligations. The bestseller clause, which had long been practised in the USA, was new. If a commercially unsuccessful work suddenly becomes well known after some years in other contexts – e.g. the theme tune of a television series – there should ultimately be a right of renegotiation. Another important aspect of copyright contract law are the rules for dispute resolution.

In all three areas, contradictory (e.g. in relation to the eCommerce Directive), inadequate and complicated requirements of the revised Copyright Directive are the starting point for future legislation which is to be implemented in the various countries. At the same time, there is room for manoeuvre and therefore not only risks, but also opportunities, which we can enhance through an intensive debate.

Category: History of the directive
Tags: GLAM institutions, out-of-commerce rule, Text and Data Mining, Value gap, bestseller clause

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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?

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Die Linke im Europaparlament
THE LEFT Group Secretariat

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