In August 2015, we reported on the developments concerning the draft report prepared by Julia Reda on EU copyright reform, namely the revised report published by the European Parliament, which you can find here.

The EU Commission has now presented its proposals on the specific legislative reforms that will be adopted to implement EU-wide copyright legislation designed to help ensure that EU copyright rules are fit for the digital age. The EU Commission's report was published on 9 December 2015. The Commission has presented its plan, which includes targeted actions with proposals for the short term, a set of proposals for 2016 and a long term vision.

The Commission's proposals

In particular, the European Parliament asked the Commission to consider legislative reforms to (1) improve cross-border accessibility to copyright content and related services; and (2) enhance portability of online content that would allow users to transport content from one device to another.

The Commission was also urged to confirm the position on the proposals to restrict freedom of panorama. Below is a summary of the Commission's proposals in relation to these issues and other relevant matters.

Content Portability across EU borders

The Commission has expressed a general desire to promote the availability of online content "without frontiers" with the ultimate objective being "full cross-border access for all types of content across Europe". As a first step, the Commission plans to allow people who have subscribed to content in one Member State to access that content when they have temporarily travelled to a different Member State. The legislative proposal for this regulation has been set out in the document accompanying the Commission's report and the Commission has said that it is committed to implementing this by Spring 2016.

Next year, the EU Commission plans to look at the increasing cross-border distribution of television and radio programs online and assess whether certain provisions of the Satellite and Cable Directive can be enhanced. The Commission will also look at how such provisions could be amended to support rights holders and distributors and encourage licences that allow for cross-border access to content.

EU copyright exceptions

The Commission has also outlined its commitment to ensuring that the EU framework on copyright exceptions is harmonised in relation to education, research and access to knowledge so that it is "effective in the digital age and across borders". As a first step, the Commission has confirmed its intention to implement the Marrakesh Treaty, which focuses on copyright exceptions that are intended to facilitate the creation of accessible versions of books and other works protected by copyright. The Marrakesh Treaty now needs to be ratified and implemented.

In addition, by Spring 2016 the Commission has said it will consider legislative proposals to:

  1. allow text and data mining for scientific research purposes to be carried out by public interest research organisations;
  2. provide clarity on the scope of EU exceptions for "illustration for teaching" and its application to online learning;
  3. allow for the preservation of works by cultural heritage institutions; and
  4. provide clarity on the 'panorama exception' taking into account new dissemination channels.

EU marketplace for copyright

The Commission has also said it will look at reforms to create a well-functioning marketplace for copyright and it is currently consulting on the different factors concerning the sharing of the value created by new forms on online distribution of copyright protected works.

The Commission plans to examine whether it may be necessary to amend the definitions for the rights of 'communication to the public' and of 'making available.' the objective being to ensure that players who contribute to generating value have the ability to fully ascertain their rights and receive adequate remuneration of copyright-protected content for online uses. The Commission will further report on this by Spring 2016.

Copyright enforcement

The Commission has said that it intends to "take immediate action" in setting up and applying "follow-the-money" mechanisms when infringement occurs on a "commercial scale". The Commission intends to reach an agreement with all relevant parties by Spring 2016. The Commission has also said it will consider the general legal framework for the enforcement of intellectual property rights by Autumn 2016.

Conclusion

The Commission's report is placed within the context of a series of copyright reform proposals which started with the Digital Single Market strategy in May 2015. The report sets out how the Commission intends to achieve the goal of "a more modern, a more European copyright framework." Despite the fact that a number of the commitments in the Commission's report take the form of quite general, non-specific proposals, there are some concrete proposals, notably legislative reforms regarding the portability of subscribed content by Spring 2016 and making relevant EU exceptions mandatory for Member States, which is encouraging.

We will continue to update you on the Commission's proposals for EU copyright reform as they progress.