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Position Statement on the Proposed Modernisation of European Copyright Rules

On September 14, 2016 the European Commission published proposals - Regulations and Directives – 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:

The new rules proposed by the Commission aim to:

  • allow for wider online access to protected content across the EU, focusing on TV and radio programmes, European audio-visual works and cultural heritage;
  • facilitate digital uses of protected content for education, research and preservation in the digital single market;
  • ensure a well-functioning market place for copyright where right-holders can set licensing terms and negotiate on a fair basis with those distributing their content. With those objectives, the Commission addressed various aspects of copyright law.

The Max Planck Institute has already take position on related subject matters in the Position Statement on the “Public consul-tation on the role of publishers in the copyright value chain” (2016) and “Implementation of the WIPO Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled” (2015).

The Institute is currently preparing a Position Statement examining whether the approach adopted by the European Commission is adequate for reaching its established objectives. Against critical aspects, alternatives are suggested to the EU legislature.

The Position Statement is composed of several documents (as far as they are published, they will be linked below to the following titles).

The Statement is structured as follows:

Part A – General Remarks - February 9, 2017, Update February 24, 2017

Part B – Copyright Exceptions and Limitations

Chapter 1: Text and Data Mining (Article 3 COM(2016) 593) - February 23, 2017, Update February 24, 2017
Chapter 2: Digital and Cross-Border Teaching Activities (Article 4 COM(2016) 593) - February 23, 2017
Chapter 3: Preservation of Cultural Heritage (Article 5 COM(2016) 593) - July 13, 2017
Chapter 4: Implementation of the Marrakesh-Treaty (COM (2016) 596 and COM (2016) 595) - March 14, 2017

Part C – Out-of commerce works (Articles 7-9 COM(2016) 593) - March 14, 2017

Part D – Copyright Contract Law (Article 10 and Article 14-16 COM(2016) 593) - April 11, 2017

Part E – Protection of Press Publications Concerning Digital Uses (Article 11 COM(2016) 593) - February 22, 2017

Part F – Claims to Fair Compensation (Article 12 COM(2016) 593) - July 13, 2017

Part G – Use of Protected Content on Online Platforms (Article 13 COM(2016) 593) - March 2, 2017

Additional Documents
Answers to Questions Raised by Member States – September 8, 2017

Part H - Content Circulation in Europe (COM(2016) 594) - March 3, 2017