recent developments concerning copyright law in the eu (francisco cabrera, european audiovisual...

Recent Developments concerning Copyright Law in the EU

EUscreenXL Strategic Workshop on IPR Regulations for Audiovisual Heritage The Hague, 13 May 2014

Francisco Javier Cabrera Blázquez

Analyst

•  1. Who we are

•  2. Licences for Europe

•  3. Public consultation on the review of the EU copyright rules

•  4. A matter of perspective…?

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THE EUROPEAN AUDIOVISUAL OBSERVATORY

Who we are … a pan-European public service body operating within the legal framework of the

Council of Europe (Enlarged Partial Agreement)

… financed by 40 Member States and the European Union, represented by the European Commission

Mission … to increase transparency by providing information about the

European audiovisual sector: TV, Cinema, Video, New Media

What we do … collect and prepare key facts & figures covering our 40 Member States

… follow relevant legal developments on the national as well as pan-European level

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PRINT PUBLICATIONS

YEARBOOK Basic data on the film, TV, video and on-

demand audiovisual services in 39 countries

IRIS plus & IRIS Special

Reports on legal topics (broadcasting law, copyright law, film law…)

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FOCUS World film market trends (published by the

Cannes film market)

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Ad hoc reports Digitization of cinemas, Public Funding,Export of

European Films, VoD markets,…

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PUBLICATIONS IN THE FIELD OF COPYRIGHT

Licensing issues (expected late 2014) How private is personal data? (IRIS plus 2013-6) Copyright and the Protection of Personal Data The Lifespan for Copyright of Audiovisual Works (IRIS plus 2012-2) Determining the Term of Protection for Films: When Does a Film Fall into the Public Domain in Europe? Answers to Internet Piracy (IRIS plus 2012-1) Fighting Internet Piracy in Russia: The Legal Framework and its Development Who Pays for Private Copying? (IRIS plus 2011-4) Private Copying Levies at the Crossroads New Services and Protection of Broadcasters in Copyright Law (IRIS plus 2010-5) The Legal Protection of Broadcasters IRIS Special: Creativity Comes at a Price (2009) Convergence, Copyrights and Transfrontier Television (IRIS plus 2009-08) SatCab Revisited: The Past, Present and Future of the Satellite and Cable Directive An introduction to Music Rights for Film and Television Production (IRIS plus 2009-05)

Filtering the Internet for Copyrighted Content in Europe (IRIS plus 2009-04) The Legal Status of the Producer of Audiovisual Works in the Russian Federation (IRIS plus 2009-02) User-Generated Content Services and Copyright (IRIS plus 2008-5) Media Windows in Flux: Challenges for Audiovisual Media Chronology (IRIS plus 2008-4) Transformation of Author's Rights and Neighbouring Rights in Russia (IRIS plus 2008-2) Audiovisual Archives and the Inability to Clear Rights in Orphan Works (IRIS plus 2007-4) Digital Rights Management systems (DRMs): Recent Developments in Europe (IRIS plus 2007-1) Digital Rights Management from a Consumer's Perspective (IRIS plus 2005-08) The Legal Protection of Broadcast Signals (IRIS plus 2004-10) European Copyright Law and the Audiovisual Media: Are We Moving Towards Cross-Sectoral Regulation? (IRIS plus 2003-4) In Search of Lost Rightsholders: Clearing Video-on-Demand Rights for European Audiovisual Works (IRIS plus 2002-8) Movies Online: Balancing Copyrights and Fair Use (IRIS plus 2002-4)

Communication on Content in the Digital Single Market (December 2012)

The European Commission set out two parallel tracks of action: •  stakeholder dialogue "Licences for Europe“

–  facilitate practical industry-led solutions on issues on which rapid progress was deemed necessary and possible

•  on-going effort to review and modernise EU copyright

–  decision in 2014 on legislative reform proposals?

"Licences for Europe" stakeholder dialogue

Launched by the European Commission in February 2013 Four thematic working groups: •  Cross border access and portability of services

•  User generated content and microlicensing

•  Audiovisual Heritage

•  Text and Data Mining


Ten pledges to bring more content online (13 November 2013) 1.  Further development of cross-border portability of subscription services. 2.  Improved availability of e-books across borders and across devices. 3.  Easier licencing for music. 4.  Easier access to print and images. 5.  Enabling the identification of your work and rights online. 6.  More active reader involvement in the online press. 7.  More heritage films online. 8.  Freeing up TV footage archives through digitisation. 9.  Improving identification and discoverability of audio-visual content online. 10. Easier text and data mining of subscription-based material for non-

commercial researchers.


Ten pledges to bring more content online (13 November 2013) 1.  Further development of cross-border portability of subscription

services. 2.  Improved availability of e-books across borders and across devices. 3.  Easier licencing for music. 4.  Easier access to print and images. 5.  Enabling the identification of your work and rights online. 6.  More active reader involvement in the online press. 7.  More heritage films online. 8.  Freeing up TV footage archives through digitisation. 9.  Improving identification and discoverability of audio-visual content

online. 10. Easier text and data mining of subscription-based material for non-

commercial researchers.


1. Cross-border portability of subscription services: Subscribers to audio-visual services online, e.g. consumers watching movies via an Internet service provider or web-store, are often denied access to services legally bought in their own EU country when they cross national borders. Representatives of the audio-visual sector: •  Affirm their willingness to continue to work towards the further

development of cross-border portability.


5. Enabling the identification of your work and rights online: Web self-publishers, such as creators posting their new songs or videos online, often cannot (easily) obtain identifiers for their works, or licences for re-using existing content. The Web Content Declaration (WCD): •  Linked Content Coalition (LCC) - industry alliance aiming to facilitate

licensing through the enhanced exchange of rights information


7. More heritage films online: an agreement on principles and procedures: Film heritage institutions struggle to fund digitisation of European heritage films, and to clear authorisations with rightholders. European cinematographic heritage that would otherwise be accessible to citizens is left on the shelf. Film heritage institutions and film producers: •  agreement on how to go about digitising, restoring and making available

European film heritage.


8. Freeing up TV footage archives through digitisation: Public service broadcasters have archives comprising millions of hours of TV footage. Clearing the rights with the myriad of rightholders today makes the use of such material expensive and time-consuming. Broadcasters and rightholders: •  agreement to find solutions for the digitisation and making available of

broadcasters’ TV footage archives.


9. Improving identification and discoverability of AV content online: Some producers have been slow to adopt interoperable identifiers for their productions. This, and a lack of interoperability between the standards (ISAN and EIDR), has made rights management difficult. Declaration: •  broad support for international, standard audio-visual work identifiers from

across a wide spectrum of actors in the European sector.

Public consultation on the review of EU copyright rules

Launched by the European Commission on 5 December 2013 Based on issues identified in the Communication on Content in the Digital Single Market, i.e.: •  territoriality in the Internal Market, harmonisation, limitations and

exceptions to copyright in the digital age;

•  fragmentation of the EU copyright market;

•  improving the effectiveness and efficiency of enforcement while underpinning its legitimacy in the wider context of copyright reform


Main headings of the questionnaire: •  Rights and functioning of the Single Market

•  Limitations and exceptions in the Single Market

•  Private copying and reprography

•  Fair remuneration of authors and performers

•  Respect for rights

•  A single EU Copyright Title


Rights and functioning of the Single Market A. Why is it not possible to access many online content services from anywhere in Europe? B. Is there a need for more clarity as regards the scope of what needs to be authorised (or not) in digital transmissions?

1. The act of “making available” 2. Two rights involved in a single act of exploitation 3. Linking and browsing 4. Download to own digital content

C. Registration of works and other subject matter – is it a good idea? D. How to improve the use and interoperability of identifiers E. Term of protection – is it appropriate?


Limitations and exceptions in the Single Market A. Access to content in libraries and archives

1. Preservation and archiving 2. Off-premises access to library collections 3. e-lending 4. Mass digitisation

B. Teaching C. Research D. Disabilities E. Text and data mining F. User-generated content


A single EU Copyright Title “A unified EU Copyright Title would totally harmonise the area of copyright law in the EU and replace national laws. There would then be a single EU title instead of a bundle of national rights.”


Consultation period from 5 December 2013 to 5 March 2014 – (closed) Responses to the Public Consultation:


Consultation period from 5 December 2013 to 5 March 2014 – (closed) Responses to the Public Consultation:

MORE THAN 11,000 SUBMISSIONS!!!

A matter of perspective…?


Maurice Ravel (1875-1937)


“Ces lois sont idiotes”



Un « ballet de caractère espagnol »

Ida Rubinstein (1885-1960)


Suite“Iberia” for piano

Isaac Albéniz (1860 -1909)


“Ces lois sont idiotes” …vraiment ?


Thank you!!!