Digital-Single-Market - Copyright Status & EBLIDA
Steen Bording Andersen, president of the Danish Library Association
In the Nordic library organizations we believe that international cooperation can create a better world. That's one of the reasons why we meet, once a year, with all the other Nordic countries, discussing how we can strengthen cooperation between libraries for the benefit of people and society. (And I don't mention Trump at all)
This year we meet in Copenhagen and have a series of presentations and discussions, which you can see more about here www.biblioteksdebat.dk
2. Claude Juncker: 15 July 2014
Why a DIGITAL SINGLE
MARKET?
“I believe that we must make much better use
of the great opportunities offered by digital
technologies, which know no borders. If we
do this, we can ensure that European citizens
will soon be able to use their mobile phones
across Europe without having to pay roaming
charges. We can ensure that consumers can
access services, music, movies and sports
events on their electronic devices wherever they
are in Europe and regardless of borders…”
European Commission President Jean-Claude Juncker, Political Guidelines, 15 July 2014
3. DSM - Copyright Status
• 14 Sept 2016 Legislative Proposal for a DIRECTIVE on copyright in the Digital Single Market
A new Directive will be implemented into national law by Member States
• Since then A number of European Parliament committees have given their opinion and we now
see a lot of proposals for amendments:
Some are okay, some very problematic and one issue is not addressed:
e-lending.
• March 26/27 The JURI (legal) Committee will vote on the DSM Directive at in March 2018
• Summer 2018? The EU Parliament as such will vote on the report
• Spring 2019 EU Parliament Election
4. Problematic Areas
• Art 3 Text and Data Mining
• Art 4 Illustration for Teaching
• Art 5 Public interest Copying, Dedicated Terminals and
Document Supply
• Art 7-9 Out of commerce works
• Art 11 Ancillary Rights
• Art 13 Content Filtering
5. The missing article
• eLending
European legislation and
exemptions in this area would
provide legal clarity - and allow
libraries both to respond to
citizens demand - and promote
literature and content to new
‘digital born’ readers.
6. What to do from here?
• EBLIDA
• National Members of
Parliament
• Next Phase – National
legislation
Notes de l'éditeur
The digital technologies are transforming our world. But existing barriers online mean citizens miss out on goods and services, internet companies and startups have their horizons limited, and businesses and governments cannot fully benefit from digital tools. With this in mind, the European Commission launched its Digital Single Market Strategy in May 2015. Since then, the Commission has followed up on its promise in different ways.
One very important for libraries is the idea of a (NEW) Infosoc Directive from 2001
Since we had the 2016 commission proposal 5 Committees in the European Parliament have given their opinion on the document – in form of many proposals for amendments
Some are okay, some very problematic and one thing is not addressed: e-lending.
I will briefly comment on the two last things.
These are the articles where EBLIDA and its partner IFLA see problems
and have been trying to address members of Parliament
I’ ll will not go into details about it – yas ou all are familiar with the discussions
The judgement of the Court of Justice of the European Union in November 2016 - its decision on e-books in the case VOB/Stichting Leenrecht -has seen little if any progress towards effective solutions to allow libraries to lend eBooks.The decision does not clarify if libraries are allowed to override contract terms or circumvent technological protection measures which prevent them from lending legally acquired content, in line with the one-copy-one-user model established by the Court.
Next year we have the election for EU…
EU president Claude Juncker from Luxembourg has said, that he will not seek a second term as President
– so we will – with out doubt – see a final DSM copyright development this year!!
EBLIDA is working intensely with this - together with IFLA - and will keep up its activities, meetings etc.
But we – the member states can also do something – and are doing something
2. In Denmark we have contacted all our members of the Parliament and Michel has met with one of them
What are you doing?
3. When this EU process is over, the Directive will have to be adapted in the members states, and at that point we also need to talk to our national parliaments members: Here members of Folketinget.