European Parliamentary Research Service Blog
copyright
Freedom of panorama
Updated on 09 August 2016. Written by Helmut Masson and Sarah Watson, Creative works, including buildings, sculptures or street art are, as a matter of principle, subject to copyright protection under EU law. However, Article 5(2)(h) of the 2001 Copyright Directive states that Member States may limit copyright for the use of such works located … Continue reading
Review of the EU copyright Framework: European Implementation Assessment
Written by Stéphane Reynolds This ‘European Implementation Assessment’ study aims to provide briefing for the Committee on Legal Affairs (JURI) ahead of the publication of the Commission’s legislative proposals concerning the modernisation of the EU copyright framework, which are expected towards the end of 2015. Its objective is to help JURI Members achieve a better … Continue reading
EU copyright reform: Revisiting the principle of territoriality
Written by Tambiama Madiega Copyright protection is territorial since rights are normally acquired and enforced on a country-by-country basis, and exceptions and limitations to copyright protection vary from one Member State to another. However, the new digital environment increasingly characterised by the use of the internet to deliver content across borders has an impact on … Continue reading
EP’s last plenary session: heating up for the summer
Written by Tessa Tumbrägel Parliament is gearing up for the last plenary session before the summer recess, taking place in Strasbourg from 6-9 July. Items on the agenda include circular economy and green jobs, TTIP, the EU Emissions Trading System, copyright harmonisation, the 2016 budget and external affairs. MEPs will also have the opportunity to quiz … Continue reading
Tune in to the new EPRS plenary podcasts
Written by Tessa Tumbrägel Starting today, you can tune in to the new ‘EPRS plenary podcast’ series and let us walk you through a selection of fresh briefing materials on Parliament’s monthly plenary sessions in Strasbourg, all in a few minute’s listening. Based on our ‘Plenary At A Glance’ notes, which are written by EPRS … Continue reading
The challenges of copyright in the EU
Written by Ivana Katsarova Despite over a century of international harmonisation, copyright law remains essentially national law, even though some fundamental copyright norms are gradually converging. Today, copyright is regulated at international level mainly through the Bern Convention, the Universal Copyright Convention, and a series of other treaties administered by the World Intellectual Property Organization. … Continue reading
Science, technology and innovation policy
How are science and technology used outside research, and how can research foster innovation in Europe? These questions are particularly relevant in the light of the Europe 2020 strategy seeking to bring Europe out of the economic crisis, which aims to increase the proportion of Europe’s GDP spent on research and development from 2% to … Continue reading
Adapting the EU copyright rules to the digital transformation
The initiative to modernise the EU copyright framework was launched in May 2011 in the European Commission’s strategy on “A Single Market for Intellectual Property Rights” and pursuant to actions in the Commission’s Digital Agenda for Europe. In December 2012, the Commission then published a “Communication on Content in the Digital Single Market” in which it aims … Continue reading
Customs enforcement of intellectual property rights
During the past ten years the number of shipments detained due to suspected infringement of intellectual property rights (IPR) has been rising sharply. To prevent counterfeits from entering the EU market, the European Commission (EC) has proposed to revise existing customs regulation by broadening its scope and simplifying procedures for their destruction. Facts and figures … Continue reading
Collective management of copyright and related rights in the EU
Updated on 27 November 2013 As the owner of copyright or related rights, the creator of a work can exercise his right in person. However, nowadays, individual management of rights is not only impractical, but also almost impossible. This impracticability can be surmounted by using collective management organisations. These organisations negotiate with users or groups … Continue reading
Surfer en toute sécurité en France…et respirer (l’air) Pur
Internet est un espace de liberté et de partage. Les échanges culturels s’y développent davantage chaque jour, pour le bien de tous, à condition que les droits des créateurs soient respectés. Comment savoir si une œuvre mise à disposition sur internet se fait en conformité avec la volonté des créateurs : certains sites sont gratuits … Continue reading
Collective rights management of online music
The Commission proposed in July 2012 a Directive which contains general provisions on collective rights management for all sectors, and specific provisions for multi-territorial licensing of online music. Looking at the current state of the digital music market, although it is growing steadily, consumers still generally do not have broad access to different repertoires. There … Continue reading
What is a book loan…legally speaking?
What is a book loan…legally speaking? As libraries we know that information is primordial and precious. Without information there would be neither advances in science and medicine, nor innovations in business and technology and no achievements in education and the arts. The cost of research, writing and editing is substantial and the results of sometimes … Continue reading
The Resale Right Directive
6 language versions available in pdf format Die Richtlinie über das Folgerecht Directiva relativa al derecho de participación La directive relative au droit de suite La direttiva relativa al diritto sulle successive vendite Dyrektywa w sprawie prawa do wynagrodzenia z tytułu odsprzedaży The Resale Right Directive In 2011 the global art and antique trade was … Continue reading
Orphan Works
Large-scale initiatives to digitise the collections of libraries have raised the problem of rights related to “orphan works” – those for which rights-holders cannot be identified or found. The Commission has proposed a Directive which seeks to find a balance between protecting potential rights-holders and facilitating certain uses of orphan works in the internal market. … Continue reading
“Second-hand Software” – European Court of Justice permits resale of software licences
On 3 July 2012, the Court of Justice of the European Union ruled in a landmark judgment that a purchaser of a license to download a software copy can re-sell this license to a third person (Case C-128/11). The Court has clarified that it makes no difference for resale whether the software is bought in … Continue reading
Making Copyright Work for Libraries and Consumers
Only 50 MEPS out of the more than 750 are aware of the existence of something called “copyright”. These were the remarkable introductory observations made by MEP Marietje Schaake, (NL, ALDE) also called “Europe’s most wired politician” who hosted a conference on the subject on Wednesday 30th May at the European Parliament in Brussels. Ms … Continue reading
