Copyright in the digital single market [EU Legislation in Progress]

Written by Tambiama Madiega (2nd edition),

Updated on 2.7.2018

© natali_mis / Fotolia

The European Commission presented a legislative package for the modernisation of the EU copyright rules, including a new directive on copyright in the digital single market on 14 September 2016. Stakeholders and academics are strongly divided on the proposal. Much of the debate focuses on (i) the creation of a new right that would allow press publishers to claim remuneration for the online use of their publications; (ii) the imposition of content monitoring measures on online platforms such as YouTube, which seeks to resolve the ‘value gap’ and help right holders to better monetise and control the distribution of their content online; and (iii) the creation of a new copyright exception for the use of ‘text-and data-mining’ techniques in the EU. While some argue that the measures will ensure fair remuneration for journalists, publishers and right holders for the online use of their works, others criticise, inter alia, a perceived ‘link tax’, and highlight the risk of filtering and control of the internet. The Council adopted its common position in May 2018. Following protracted discussions, the Legal Affairs Committee of the European Parliament voted compromise amendments in June 2018, as well as a mandate for trilogue negotiations.

Versions

• July 2018: Copyright in the digital single market (2nd edition)
• November 2016: Copyright in the digital single market (1st edition)