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

Written by Tambiama Madiega (4th edition, updated on 22.3.2019),

© 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 have been strongly divided on the proposal. In February 2019, after more than two years of protracted negotiations, the co-legislators agreed on a new set of copyright rules including two controversial provisions: 1) the creation of a new right that will allow press publishers to claim remuneration for the online use of their publications (Article 11), and 2) the imposition of content monitoring measures on online platforms such as YouTube, which seeks to resolve the ‘value gap’ and help rights-holders to better monetise and control the distribution of their content online (Article 13). Furthermore, in addition to the mandatory exception for text and data mining for research purposes proposed by the Commission in its proposal, the co-legislators agreed to enshrine in EU law another mandatory exception for general text and data mining (Article 3a) in order to contribute to the development of data analytics and artificial intelligence. In February 2019, Coreper endorsed the compromise text on behalf of the Member States, and the Legal Affairs Committee (JURI) approved it. The political agreement must now be voted in plenary by the European Parliament and formally adopted by the Council to finalise the legislative procedure.

Versions

• March 2019: Copyright in the digital single market (4th edition)