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Category: Exceptions and limitations

SWD IA on EU copyright modernisation – Use of protected content in digital and cross-border teaching activities

Teachers and students face legal uncertainty when using content in digitally-supported teaching practices, in particular across borders. A huge variety of content (text, images, music, video), often protected by copyright, is used in teaching activities.

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SWD IA on EU copyright modernisation – adapting exceptions to digital and cross-border environment

The EU copyright legal framework harmonises rights of authors and neighbouring rightholders and seeks to harmonise “exceptions and limitations” to these rights, although most of them are optional for the MS to implement. An “exception” to an exclusive right means that a right holder is no longer in a position to authorise or prohibit the use of a work or other protected subject matter: the beneficiary of the exception is already authorised by law to do so.

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Technical aspects of text and data mining research in copyright directive

A new very useful research, requested by policy department for citizens’ rights and constitutional affairs, has been published. The author of research, Eleonora Rosati, has briefly but informative and understandable way outlined the main issues with text and data mining exception to copyright. The entire research available here, below some technical points of exception – its three steps.

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New research on legal aspects of exception for text and data mining in DSM directive – IP paradox

The concept of exceptions and imitations to copyright serve a critical role in the so-called intellectual property – and copyright – paradox. The paradox of intellectual property lies in a “system that promotes, or at least, aspires to promote knowledge by restricting it”.

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New research on legal aspects of exception for text and data mining in DSM directive – what rights can be concerned?

One of the basic and fundamental principles of copyright law is that data is as such not protected; copyright only protects the creative form not the information incorporated in the protected work. Thus, Text and Data Mining (TDM) should in principle not be a use covered by any exclusive intellectual property (IP) rights (IPRs), both copyright and other sui generis rights.

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Online news aggregation and neighbouring rights for news publishers – copyright economy

The civil law tradition seeks to obtain remuneration for all digital reproductions that are publicly available, subject to some exceptions that are justified by transaction costs. Lawyers and courts are struggling to bring these new technologies in line with that right or design extensions and modifications of copyright law to bring them into the fold of that remuneration right.

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Reasons for Vitorino’s recommendations on private copying and reprography levies: the notion of harm

The current legal framework is silent on what constitutes ‘harm’. It merely refers to ‘harm’ as a valuable criterion in the calculation of the fair compensation (Recital 35 of Directive 2001/29/EC). The Court of Justice of the European Union, however, affirmed that the fair compensation must necessarily be calculated on the basis of the criterion of the ‘harm’ caused to authors of protected works by the introduction of the private copying exception. The Court did not clarify, however, what exactly should be understood under the notion of ‘harm’.

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White paper – a copyright policy for creativity and innovation in the European Union

In this White Paper, the Commission has presented its views on the main issues and possible course of action with respect to a number of policy questions and suggested further analysis on a number of others. Policy decisions on the issues raised in this document should be considered during the upcoming 2014-2019 legislative period.

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Reasons for Vitorino’s recommendations on private copying and reprography levies: specificities with regard to the reprography exception

The private copying exception and the reprography exception follow different approaches. Whereas the scope of the private copying exception is limited to reproductions that serve a specific purpose (“for private use”), the reprography exception covers reproductions on a specific medium (paper), using a specific method (“any kind of photographic technique”). Literally taken, reproductions on paper for private use are covered by both exceptions. The Directive does not regulate the relationship between the two exceptions.

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EP’s position on cross-border exchange of IP objects under Marrakesh Treaty

The European parliament has adopted its position at first reading on regulation laying dawn uniform rules on the cross-border exchange of accessible format copies of certain works and other subject matter between the Union and third countries that are parties to the Marrakesh Treaty.

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