This document discusses the ongoing debate around EU copyright reform and compares it to the experience of new IP lawyers. It provides an overview of the key issues in the copyright reform debate, including the Public Consultation of 2014, the Reda Report, and the Digital Single Market Strategy. While the Strategy did not address many specific copyright issues, like fair remuneration or private copying levies, the CJEU has ruled on related cases involving exclusive rights, linking, and digital exhaustion. Overall, both EU copyright reform and new IP lawyers face significant ongoing work as many issues remain to be addressed through both policy and case law.

1. Who Owns the Arts and the Sciences?
New IP Lawyers Inaugural Conference
Exeter, 22 and 23 June 2015
Dr Eleonora Rosati
@eLAWnora
eleonora@e-lawnora.com
EU Copyright:
Just Like a New IP Lawyer?

2. Contents
• EU copyright reform debate
• Quick recap: what happened before
• The Reda Report
• The Digital Single Market Strategy
• What’s in there
• What is missing .. but features elsewhere
• Is there such thing as an age of EU copyright reform?
• Can any parallels be drawn with new IP lawyers?

3. EU copyright reform debate

4. Once upon a (copyright) dream …

5. We may
go all the
way back
to 1988 …

6. … but maybe it’s OK just to stop at 2014
• The Public Consultation
• Access to content and licence segmentation
• Exclusive rights
• Making available to the public
• Hyperlinking and browsing
• Digital exhaustion
• Exceptions and limitations
• Formalities
• Duration and identifiers
• Fair remuneration
• Civil enforcement and role of ISPs
• More harmonisation?

7. What came next?

8. A couple of leaked draft documents …
• Impact Assessment: further harmonisation
• From doing nothing to European copyright code and everything in between,
including soft law and new directive(s)
• White Paper
• Premature to address digital exhaustion and e-lending
• Maybe revising research exception (TDM)
• More harmonisation of private copying levies

10. New Parliament
New Commission
New … era?

11. Reda Report
556 amendments presented

12. The Digital Single Market Strategy

13. Getting rid of all the
“pointless barriers”?

14. The Digital Single Market Strategy
• 3 pillars
1. Better access for consumers and businesses to online goods and services across
Europe
2. Creating the right conditions for digital networks and services to flourish
3. Maximising the growth potential of European digital economy
• Translated into copyright language:

15. What is not in
the Digital Single Market Strategy
• Exclusive rights
• E-lending
• Private copying levies
• Fair remuneration
• Full harmonisation
• Indication of legal instruments

16. Although they are somewhere else …
• Exclusive rights
• Distribution right: Labianca, C-516/13
• Digital exhaustion (implicitly): Art&Allposters, C-419/13
• Linking: C More, C-279/13
• GS Media, C-160/15
• E-lending: Vereniging van Openbare Bibliotheken v Stichting Leenrecht
• Private copying levies: Copydan, C-463/12
• HP Belgium, C-572/13
• Egeda, C-470/14
• Nokia Italia, C-110/15
In 2014 CJEU completed 69 IP
cases
Cf 2013: 43 cases

17. Is there such thing
as an age of EU
copyright reform?

18. All in all: who’s who?

19. Case law
Exclusive rights
Exceptions and limitations
Policy
Geoblocking
(Exceptions and limitations)
(Possibly) ISPs

20. Can any parallels be drawn with
new IP lawyers?

21. Much to be done

22. 2 possible approaches

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