Considerations on the modernization of EU copyright: where is the user?
2017; Oxford University Press; Volume: 12; Issue: 8 Linguagem: Inglês
10.1093/jiplp/jpx069
ISSN1747-1540
Autores Tópico(s)Intellectual Property Rights and Media
Resumo‘[P]erhaps most importantly, the legal framework needs to take account of the needs of society. Users’ interests and expectations matter alongside creators’ rights. Rules cannot be impractical, uncertain, or unreasonable for ordinary users.’1 This remark was made in 2014 by Neelie Kroes, former Commissioner for Digital Economy and Society (previously for Digital Agenda2), in a speech calling for a reform of EU copyright law. A year and a half after Kroes’s speech, under the leadership of her successor Günther Oettinger (who has since 1 January 2017 been temporarily replaced by Andrus Ansip), the Commission unveiled its Proposal for a Directive3 (the Directive Proposal) to modernize the EU copyright framework as part of its Strategy to achieve a Digital Single Market. The Directive Proposal raises a number of concerns, including vis-à-vis the proposed ancillary right for publishers (Article 11), which would force new aggregators like Google News, Yahoo! and Bing to pay press publishers royalties for using short snippets of their articles; and also the proposed monitoring obligation (Article 13) for internet intermediaries, which would oblige intermediaries like internet service providers (ISPs), search engines and social media platforms to employ filters to prevent the making available of content that would potentially infringe copyright (an example of a successfully—yet voluntary—filtering system is YouTube’s Content ID). These concerns are, however, beyond the scope of this article. The Directive Proposal does not attempt to amend the InfoSoc Directive (Directive 2001/294), except to include specific clauses in order to avoid conflict with provisions in the Directive Proposal.
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