{"id":79767,"date":"2017-03-23T09:32:40","date_gmt":"2017-03-23T13:32:40","guid":{"rendered":"https:\/\/cdt.org\/?post_type=blog&p=79767"},"modified":"2017-03-27T14:01:09","modified_gmt":"2017-03-27T18:01:09","slug":"leading-parliamentary-committee-on-copyright-reform-tackles-most-problematic-provisions","status":"publish","type":"insight","link":"https:\/\/cdt.org\/insights\/leading-parliamentary-committee-on-copyright-reform-tackles-most-problematic-provisions\/","title":{"rendered":"Leading Parliamentary Committee on Copyright Reform Tackles Most Problematic Provisions"},"content":{"rendered":"
Member of the European Parliament (MEP) <\/span>Therese Comodini Cachia<\/span><\/a> released her much awaited <\/span>Draft Report<\/span><\/a> on the European Commission\u2019s proposal for a Directive on Copyright in the Digital Single Market. We have previously commented on the Draft Opinions by the Culture and Education (<\/span>CULT<\/span><\/a>) and Internal Market (<\/span>IMCO<\/span><\/a>) committees (see respectively blog posts <\/span>here<\/span><\/a> and <\/span>here<\/span><\/a>). The Opinions of these committees, together with those of the Industry & Research (<\/span>ITRE<\/span><\/a>) and Civil Liberties (<\/span>LIBE<\/span><\/a>) committees, are to be taken into consideration in the Report by the Legal Affairs (<\/span>JURI<\/span><\/a>) Committee leading the debate in Parliament. \u00a0<\/span><\/p>\n As a general remark, we would like to applaud the efforts of MEP Comodini in her role as JURI rapporteur, in which she has taken a comprehensive and <\/span>transparent<\/span><\/a> outreach approach in consulting with a wide range of stakeholders over the last months. From a content point of view, we also generally welcome the balanced approach the rapporteur has taken in tackling the most problematic and controversial provisions of the Commission\u2019s proposal. This report, together with the draft opinions by CULT, IMCO and ITRE, shows the clear need for significant amendments to the Commission\u2019s proposal. Amendments are particularly necessary on three important <\/span>points of concerns<\/span><\/a> we have, and will continue to, put forward: the upload monitoring obligation (Article 13), the ancillary right for publishers (Article 11), and the limited scope in the proposed Text and Data Mining (TDM) exception.<\/span><\/p>\n \u2018Neutralising\u2019 the Upload Monitoring Obligation Provision<\/span><\/i><\/p>\n Article 13 as proposed by the Commission would force internet intermediaries to use content identification technology to prevent users from uploading unlicensed copyrighted content. In our view, this provision is fundamentally flawed and best deleted altogether. As reflected in the <\/span>open letter<\/span><\/a> we recently signed with other civil society organisations, this provision would negatively impact the free speech of citizens who would see their content blocked even if it would qualify as a legal use of copyright content under a copyright exception. The incompatibility of Article 13 with the e-Commerce Directive, as well as with the Charter of Fundamental Rights of the EU, is also stressed in a <\/span>new study<\/span><\/a> by Dr. Christina Angelopoulos.<\/span><\/p>\n Deletion of Article 13 would be the preferred approach, but MEP Comodini improves on it substantially. She proposes to remove the obligation to filter uploads, brings the provision in line with the eCommerce Directive, and narrows its scope substantively. She focuses her amendments on the \u201ceffective implementation of agreements concluded between online service providers and rightholders for the use of their works\u201d. In this respect, the rapporteur rebalances responsibilities in that it is up to the rightholders to correctly identify their work as their own or under a licence, and for service providers to guarantee the well-functioning of employed measures, with particular emphasis on ensuring that users can benefit from copyright exceptions.<\/p>\n Publishers\u2019 rights: Tackling an Enforcement Problem with an Enforcement Solution<\/span><\/i><\/p>\n