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Further research project
Intellectual Property and Competition Law

Modernisation of European Copyright Rules

Position Statement of the Max Planck Institute for Innovation and Competition

Last Update: 28.09.17

On September 14, 2016 the European Commission published a package of proposals aimed at the modernisation of copyright within the Digital Single Market. The full suite of proposals as well as the Commission’s background documents can be accessed via: ec.europa.eu/digital-single-market/en/modernisation-eu-copyright-rules


The Institute has responded to all of the proposals included in the copyright package in a Position Statement. It includes several parts examining whether the suggested provisions are adequate for reaching their intended objectives. In response to certain critical evaluations, a number of alternatives have been suggested. Each part and chapter has been published on the Institute’s website in the course of recent months. These have been brought together in the E-book available at the following link: E-book


The different parts can be downloaded individually here:

Part A – General Remarks

Part B – Copyright Exceptions and Limitations

Chapter 1: Text and Data Mining (Article 3 COM(2016) 593)
Chapter 2: Digital and Cross-Border Teaching Activities (Article 4 COM(2016) 593)

Chapter 3: Preservation of Cultural Heritage (Article 5 COM(2016) 593)
Chapter 4: Implementation of the Marrakesh-Treaty (COM (2016) 596 and COM (2016) 595)

Part C – Out-of commerce works (Articles 7-9 COM(2016) 593)

Part D – Copyright Contract Law (Article 10 and Article 14-16 COM(2016) 593)

Part E – Protection of Press Publications Concerning Digital Uses (Article 11 COM(2016) 593)

Part F – Claims to Fair Compensation (Article 12 COM(2016) 593)

Part G – Use of Protected Content on Online Platforms (Article 13 COM(2016) 593)

Additional Documents
Answers to Questions Raised by Member States

Part H - Content Circulation in Europe (COM(2016) 594)