In this article, Yash Agarwal, pursuing Diploma in Entrepreneurship Administration and Business Laws from NUJS, Kolkata discusses Copyright Reforms in EU.

Introduction

What is a copyright?

Copyright is a form of intellectual property which is protected by the law of the land. It is a set of rights conferred by law on creators of literary, dramatic, musical and artistic works, and producers of films and sound recordings. The rights provided by copyright law include the rights of reproduction of the work, communication of work to the public, adaptation of work and translation of work. The scope and duration of protection under the Copyright Law vary according to the nature of the work protected by copyright.

What is the copyright reform of the EU?

On 9 December 2015, about six months after the initial presentation of the digital single market, the Commission presented the action plan for an accurate European copyright framework. Copyright reform has been divided into four areas:

• Broaden the content access throughout EU
• Exceptions to copyright rules for an innovative and inclusive society
• Create a fairer market for copyrighted works
• Fight against piracy

The first three pillars were covered in the five draft regulations and guidelines in the area of copyright. However, the fourth pillar and, in particular, enforcement issues have not been central to the Commission’s legislative efforts. This will now change depending on the mid-term review. The Commission plans to announce measures that will include procedural aspects and principles for the elimination of illegal content. However, according to a recently published Commission document, the review of the application of Directive 2004/48 is currently in a “stalemate”. It remains to be seen if and how the subsequent procedure will look.

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Objectives of EU copyright proposals

• More cross-border access to online content;
• Expand the possibilities of using copyrighted material in education, research and cultural heritage;
• A copyright market that works better.

In addition, the implementation of the Marrakesh Treaty, which will make more books and texts available for people with visual impairments or who have other difficulties to access a printed text in a format adapted to their situation. The proposals will help the good industries of European authors to become a digital single market and European writers to reach new audiences, while making European works widely accessible to European citizens, also across borders.

The aim is to ensure an adequate balance between copyright and the objectives of relevant public policies, such as education, research, innovation and the needs of people with disabilities.

1. Better choice and access to online and cross-border content

One of the main objectives of these proposals is to increase the availability of works for the entire European population, to create new distribution channels for creators and to highlight the EU’s cultural heritage.

To achieve these objectives, following measures were adopted:

• • Create great conditions for cross-fringe circulation of TV and radio projects on the web
  • Increase the accessibility of varying media deals with VoD stages
  • Facilitate the digitization and dispersal of non-business works.

2. Improvement of Copyright Laws in Research, Education and Cultural Heritage

Most copyright special cases in EU law are presently discretionary and don’t make a difference crosswise over outskirts. Moreover, some of them should be re-assessed in light of current mechanical substances.

The point of the proposition for an order is to modernize the EU rules appropriate to the fundamental special cases and constraints in the fields of training, inquire about and the conservation of social legacy, with accentuation on the utilizations advanced and cross-fringe.

The mandatory exceptions announced by the proposed directive are related to:

• Teaching activities
• Exploring text and data
• Preservation of cultural heritage.

3. Realize a well-functioning copyright market

The proposed measures aim to create a more equitable online content market, particularly for press publications, online platforms and the remuneration of authors and artists.

The main elements of the proposed directive are:

• Related law or “neighbour” for newspaper publishers
• Enhanced rights holders’ situation to arrange and be made up for the online misuse of their substance from video sharing stages
• Remuneration of creators and translators through new principles of straightforwardness.

Modern European rules on copyright

European Internet users are listening to more and more music, watching videos and playing online. In its recent communication on the promotion of a copyright-based European economy in the digital, fair, efficient and competitive single market adopted on 14 September 2016, the Commission presented a combination of legislative and non-legislative measures aimed at to modernize EU Law Laws:

• A proposition for a Directive of the European Parliament and of the Council on copyright in the Digital Single Market;
• A proposition for a direction of the European Parliament and of the Council setting down tenets on the activity of copyright and related rights for certain online communicates of broadcasting associations and the retransmission of TV projects and radio;
• A proposition for a Directive of the European Parliament and of the Council on certain allowed employments of copyright and related rights-ensured works and other material for the visually impaired and those with restricted access to print and revising Directive 2001/29/EC on the harmonization of specific parts of copyright and related rights in the data society; and
• Proposal for a Regulation of the European Parliament and of the Council on cross-fringe trades between the Union and third nations of open duplicates of specific works and other material secured by copyright and related rights for the advantage of the visually impaired or the crippled visual Inability to print.

The modernization of EU copyright is based on four complementary pillars

• Extending access to content across the EU: As a first step, the Commission has proposed specific measures to encourage the cross-border distribution of online television and radio programs and to facilitate licensing agreements.
• Exceptions to Copyright Rules for an Innovative and Inclusive Society: Exceptions permit the use of copyrighted works in defined circumstances without the prior permission of the rights holders. At the same time, two legislative proposals on the implementation of the Marrakesh Treaty in EU legislation were approved, which obliges Parties to introduce exceptions to help people with difficulties to access accessible books and other formats printed.
• Creating a fairer market: The Commission analyzed the role of copyright brokers online and proposed to introduce specific measures to ensure the proper functioning of the copyright market and the fair distribution of copyright rights, author-generated by new forms of content.
• Fight against piracy and greater availability of content will help fight piracy: Beyond this, the Commission will increase the enforcement of commercial-scale infringements of intellectual property rights. A public consultation assessed the functioning of the existing legal framework in the online environment in order to identify the possible need for adaptation and propose actions It will work within a European framework for “tracking money” in order to reduce financial flows to companies that derive their revenues from piracy, and the Commission said it will also explore other options to improve the participation of intermediary service providers in the protection of intellectual property rights.

Before the European Commission unveiled the copyright reform agenda, the European Parliament adopted two resolutions setting out the European Parliament’s approach to modernizing the EU’s intellectual property rules.

1. On 9 July 2015, the European Parliament received a determination on the use of Directive 2001/29/EC on the harmonization of specific parts of copyright and related rights in the data society. The determination welcomed the Commission to display an eager change proposition and welcomed the Commission, inter alia, to contemplate the effect of the presentation of a solitary European title on copyright to fortify certain special cases to copyright assurance (for the interests of open organizations, for example, libraries and for examine and instructive purposes specifically) and carefully examine the possibility making certain required exemptions. The report likewise welcomes the Commission to propose approaches to enhance cultural diversity.
2. Furthermore, in its Resolution towards a Digital Single Market Act, embraced on 18 January 2016, the EP respected the Commission’s sense of duty regarding modernizing the present copyright structure keeping in mind the end goal to adjust it to the computerized time and asked Commission to assess the part of online stages to battle unlawful substance on the Internet. The EP has additionally focused on that the standard of territoriality remains a fundamental component of the copyright framework in the EU and underlined that the geo-blocking approach and the advancement of cross-fringe online administrations ought to ensure social decent variety and monetary model of the business.

Proposed Legislative Proposals to Modernize EU Intellectual Property Laws

Copyright Directive in the Digital Single Market

In accordance with the advanced single market technique, the European Commission has displayed an authoritative bundle for the modernization of EU copyright rules, including another copyright order in the Digital Single Market.

The goal of the Copyright Directive in the Digital Single Market is to adjust European copyright in a setting where advanced advances are quickly changing the way works are made, created, disseminated and exploited, facilitates the licensing of European audiovisual works and digitization and the provision of non-commercial works, adapting key exceptions to digital and cross-border environments and creating a well-functioning copyright market, especially the exchange of value in the marketplace.

The proposition presents another required exemption for the investigation of content and information for logical research purposes. At last, the proposition additionally incorporates another obligatory special case for advanced conservation by social legacy organizations, which considers the requirement for content in computerized frames and the utilization of computerized innovation in protection.

The Directive introduces specific measures to ensure the proper functioning of the copyright market and the fair distribution of the value generated by new forms of online content. To this end, the Commission proposes to create a new related right for publishers of press publications for the digital use of their publications in order to put them in a better position when accessing online services that use and authorize access to their content and, therefore, better fight against piracy. Member States are also required to establish a legal mechanism to facilitate licensing agreements for non-commercial works and other issues, as well as a negotiation mechanism to facilitate negotiations on the online exploitation of audiovisual works. Finally, measures are proposed which include transparency obligations and a dispute settlement mechanism to ensure a better functioning of the copyright market in the EU.

Regulation on the online transmission of broadcasting organizations and the retransmission of television and radio programs

In accordance with the Digital Single Market procedure, the European Commission has introduced an administrative bundle for the modernization of EU copyright laws, including another control on telecasters’ online communicates and program communicates TV and radio. The draft Regulation means to advance the cross-fringe arrangement of subordinate internet broadcasting administrations and to encourage computerized retransmissions through shut systems of TV and radio projects starting from other Member States by adjusting the legitimate structure of the EU. It proposes to address the difficulties of authorizing copyright in two ways:

First, the regulation establishes that the rights required for the online services of broadcasting organizations that are directly related to their broadcasts (for example, the simultaneous on-line transmission of their satellite transmission) must be authorized for the country of origin. This measure would help broadcasters to put their content online in the other Member States.

Second, the direction grows the obligatory aggregate administration framework at present appropriate to link retransmission to other proportionate advanced retransmissions. This would enable telecom associations to all the more effectively approve the rights to the projects of other Member States to offer their clients more stations all through the Union.

The framework for the implementation of the Marrakesh Treaty

The Marrakesh Treaty to Facilitate Access to Published Works for the Blind and Visually Impaired was negotiated and adopted in 2013 under the auspices of the World Intellectual Property Organization (WIPO). Its purpose is to facilitate the cross-border provision and exchange of books and other printed materials in accessible formats for people with difficulties in accessing printed materials worldwide. To this end, the Marrakesh Treaty requires parties to grant exceptions or limitations to copyright and related rights for the benefit of the blind, visually impaired and other persons with difficulties in accessing printed material, such as dyslexic people. The treaty also allows the cross-border exchange of copies as a special book, which includes audiobooks and digital files, and other printed material from countries that are parties to the treaty.

The EU marked the arrangement in April 2014 and should now actualize it in EU enactment. On 14 September 2016, in accordance with the Digital Single Market Strategy, the European Commission introduced an administrative bundle for the modernization of EU copyright laws, including two messages on the execution of the Treaty of Marrakech.

A Directive on Certain Permitted Uses of Works and Other Materials Protected by Copyright and Neighboring Rights for the Blind, Visually Impaired and Disabled has presented a required exemption for the recipients of the Marrakesh Treaty on the Internal Market and cross-fringe with this special case.

A Regulation on the cultural diversity trade between the Union and third nations of available duplicates of specific works and other material ensured by copyright and related rights for the advantage of the visually impaired, outwardly hindered or experiencing issues in replicating the entrance to printed versions in an open organization with third nations that are gatherings to the Marrakesh Treaty. The content presents another obligatory special case that permits individuals who are visually impaired, outwardly debilitated or handicapped to peruse (for instance, dyslexic individuals) access to books and other substance in available arrangements, even crosswise over fringes.

What will happen next?

The initial three between institutional transactions for the last content in February, March and April 2018 occurred with no advance. In December 2017, the leaders of the three EU establishments marked a joint affirmation on EU administrative needs and announced their expectation to accomplish comes about before the European Parliament decisions in 2019. However, some fear that the Commission you can extend the process to advance the possibilities of applying the original version of the Regulation after the holding of Satellite-Cable elections in the European Parliament in 2019.