@eLAWnoraeleonora@e-lawnora.com

A DECADE OF RANDOM COPYRIGHT REFORM

IN EUROPE

JIPLP’s 10th Anniversary ConferenceLondon, 26 November 2015

Eleonora Rosati

• Something that has changed me

• Something that has changed EU copyright

• What future changes?

Contents

Something Someone that has changed me

Something that has changed EU copyright

Short history

• Early days of EU integration• Internal market objective• Removal of obstacles to free movement and competition

• End of the 1980s – 1990s• Growth and competitiveness

• 2000s• Piecemeal intervention

EU copyright in 2005

• Legislation• InfoSoc Directive was 4 years old• Enforcement Directive was 1 year old

• Policy: the 2004 Commission Working Paper• Only need for slight adjustment of notion of reproduction, and temporary copies

exception to cover software and databases• No need to clarify or harmonise anything else, including

• Communication to the public• Originality• Moral rights

• ECJ• Just couple of decisions (Mediakabel; Lagardère)

• Subject-matter• computer programs • databases • semiconductors • satellite and cable

• Economic rights • copyright in the information society• resale right • rental right• related rights

• Enforcement • Term of protection• Orphan works• Collective rights management organisations

Overall: ad hoc harmonisation

Until 2009 …

And things suddenly changed …

• 2009• Lisbon Reform Treaty• Reflection Document of DG INFSO and DG MARKT

• 2010• Wittem Group’s European Copyright Code• Monti Report

• 2011• Single Market Act• Commission’s blueprint

• 2013• Public Consultation on the review of EU copyright rules (9,500+ responses)

Speaking of deepening harmonisation

EU copyright in 2015

• Features high on policy agenda• Digital Single Market Strategy

• Features high on CJEU calendar• In 2014 CJEU completed 69 IP cases

• Cf 2013 Report: 43 cases

But in what terms?

• Geoblocking and content portability

• Exceptions and limitations

• Online intermediaries and platforms

The Digital Single Market Strategy (May 2015)

Geoblocking and content portability

• A copyright issue?

• A time-limited portability?

• Only for lawfully acquired content?

• It would now seem to go beyond text and data mining

• Is reform possible without touching Article 5 of the InfoSoc Directive?

Exceptions and limitations

• Just a matter of national implementations/interpretations or should safe harbours be reformed?

• What does ‘duty of care’ mean?

• Is Follow the Money really so cool?

Online intermediaries and platforms

In the meantime …

• What does originality mean?

• Can you private copy from unlawful sources?

• What is a parody?

• Is transmission of a work required to have an act of communication to the public?

• Do you need permission to link?

• Do you need permission to advertise works for sale?

• Can libraries digitise their collections?

• Can libraries e-lend works?

Diverging views … But what has changed in a decade?

• The CJEU is preeminent

• Policy discourse revolves around copyright

• Public attention revolves around copyright …

What will happen in the next decade?

• CJEU will change

• Full harmonisation will be less than a dream and more like a necessity

• Lots to blog, research, write about

But always …

Thanks for your attention!

eleonora@e-lawnora.com@eLAWnora