My presentation at JIPLP's10th Anniversary Conference, held in London on 26 November 2015

1. @eLAWnora
eleonora@e-lawnora.com
A DECADE OF
RANDOM COPYRIGHT REFORM
IN EUROPE
JIPLP’s 10th Anniversary Conference
London, 26 November 2015
Eleonora Rosati

2. • Something that has changed me
• Something that has changed EU copyright
• What future changes?
Contents

3. Something Someone that has changed me

10. Something that has changed EU copyright

11. Short history
• Early days of EU integration
• Internal market objective
• Removal of obstacles to free movement and competition
• End of the 1980s – 1990s
• Growth and competitiveness
• 2000s
• Piecemeal intervention

12. EU copyright in 2005

13. • Legislation
• InfoSoc Directive was 4 years old
• Enforcement Directive was 1 year old
• Policy: the 2004 Commission Working Paper
• Only need for slight adjustment of notion of reproduction, and temporary copies
exception to cover software and databases
• No need to clarify or harmonise anything else, including
• Communication to the public
• Originality
• Moral rights
• ECJ
• Just couple of decisions (Mediakabel; Lagardère)

14. • Subject-matter
• computer programs
• databases
• semiconductors
• satellite and cable
• Economic rights
• copyright in the information society
• resale right
• rental right
• related rights
• Enforcement
• Term of protection
• Orphan works
• Collective rights management organisations
Overall: ad hoc harmonisation

15. Until 2009 …

17. And things
suddenly
changed …

18. • 2009
• Lisbon Reform Treaty
• Reflection Document of DG INFSO and DG MARKT
• 2010
• Wittem Group’s European Copyright Code
• Monti Report
• 2011
• Single Market Act
• Commission’s blueprint
• 2013
• Public Consultation on the review of EU copyright rules (9,500+ responses)
Speaking of deepening harmonisation

19. EU copyright in 2015

20. • Features high on policy agenda
• Digital Single Market Strategy
• Features high on CJEU calendar
• In 2014 CJEU completed 69 IP cases
• Cf 2013 Report: 43 cases
But in what terms?

21. • Geoblocking and content portability
• Exceptions and limitations
• Online intermediaries and platforms
The Digital Single Market Strategy (May 2015)

22. Geoblocking and
content portability
• A copyright issue?
• A time-limited portability?
• Only for lawfully acquired
content?

23. • It would now seem to go beyond text and data mining
• Is reform possible without touching Article 5 of the InfoSoc Directive?
Exceptions and limitations

24. • Just a matter of national implementations/interpretations or should safe
harbours be reformed?
• What does ‘duty of care’ mean?
• Is Follow the Money really so cool?
Online intermediaries and platforms

25. In the meantime …

26. • What does originality mean?
• Can you private copy from unlawful sources?
• What is a parody?
• Is transmission of a work required to have an act of communication to the
public?
• Do you need permission to link?
• Do you need permission to advertise works for sale?
• Can libraries digitise their collections?
• Can libraries e-lend works?

27. Diverging views … But what has changed in a decade?

28. • The CJEU is preeminent
• Policy discourse revolves around copyright
• Public attention revolves around copyright …

30. What will happen in the next decade?

31. • CJEU will change
• Full harmonisation will be less than a dream and more like a necessity
• Lots to blog, research, write about

32. But always …

33. Thanks for your attention!
eleonora@e-lawnora.com
@eLAWnora