Olga Martin Sanchez Fep Presentation Vuv Seminar Copyright Eu Perspective June 2008

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COPYRIGHT FROM A EUROPEAN Perspective Boek.be « Het boek in de digitale wereld: het auteursrecht en het recht op informatie in de weegschaal » Antwerp, 3rd June 2008

Transcript of Olga Martin Sanchez Fep Presentation Vuv Seminar Copyright Eu Perspective June 2008

Page 1: Olga Martin Sanchez Fep Presentation Vuv Seminar Copyright Eu Perspective June 2008

COPYRIGHTFROM A EUROPEAN

Perspective

Boek.be« Het boek in de digitale wereld: het auteursrecht en het recht op informatie in de weegschaal »Antwerp, 3rd June 2008

Page 2: Olga Martin Sanchez Fep Presentation Vuv Seminar Copyright Eu Perspective June 2008

• Size – € 22.268 million

– Germany €4.914 million– United Kingdom €4.685 million– France €3,130 million– Spain €2.881 – Italy €1.993 million– (…) Luxembourg € 2,7 million

• Number of employees (not counting writers, illustrators…) 123.277 persons

• Number of titles available – not less than 3.959.000

• Comparison with the United States

– $24.2 billion in 2006 = €17,15 billion

EUROPEAN BOOK PUBLISHING SECTOR

Page 3: Olga Martin Sanchez Fep Presentation Vuv Seminar Copyright Eu Perspective June 2008

The Publishing sector is crucial to the European Economy both in terms of revenue and in view of educational and information values.

Copyright protection has made it possible and it is paramount for the further development of the publishing industry. Both creators and publishers need to be rewarded by those using their works either in digital or analogue form.This mechanism encourages high quality content for the user.

Copyright as Cornerstone of the Publishing sector

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• EU Copyright legislative framework

– In the analogue world

• Public lending right – 1992 Directive

– In the digital world

• Database 1996 Directive - copyright + sui generis right for the producers of the database

• Copyright in the information society 2001 Directive

– Exclusive rights of reproduction, communication to the public including making available (internet) and distribution

– Exceptions for libraries, education and research, private copy, disabled persons

– Protection of technical measures and promotion of voluntary solutions

Copyright as Cornerstone of the Publishing sector

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• Current EU ongoing initiatives in the field of Copyright

– Green Paper on copyright in the knowledge economy

– European Digital Library

– Content Online Communication

– Study on User Created Content

– Telecom Package

– Consultation on copyright levies

Copyright as Cornerstone of the Publishing sector

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Green Paper on copyright in the knowledge economy

According to Commissioner McCreevy in the last Legal Affairs Committee in the European Parliament…

“the purpose of this Green Paper is to encourage a debate on how copyright legislation can continue to serve the objective of the dissemination of Knowledge for research, science and education-particularly in the online environment.”

Copyright as Cornerstone of the Publishing sector

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Green Paper on copyright in the knowledge economy

– Non-legislative act aimed to launch a discussion for the future

– Follow up of the ‘Evaluation report of Directive 2001/29” published in December 2007?

– Focus on “public policy exceptions” in the 2001/29 Directive

– Adoption before or just after the summer break

Copyright as Cornerstone of the Publishing sector

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European Digital Library• Communication and Recommendation by EC• Conclusions of the Council - 2006• Report of the Parliament – 2007

– Solutions requested for orphan works and out of print works– For internet access of copyrighted works in the catalogue of

publishers, model set by Numilog for BNF and SNE (or Libreka in Germany…)

» Access to cover, table of content and eventually to a full text search through the website of the library (although on securised specialised sites)

» Access to the entire text through a bookshop – either firm sale, rental (limited period), sale of chapters.

Copyright as Cornerstone of the Publishing sector

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Content online Communication• Main Points:

– Availability of Creative Content

– Multiterritory licensing

– Interoperability and transparency of DRM

– Legal Offers and piracy

• Platform on Content Online

• EP discussion end 2008

Copyright as Cornerstone of the Publishing sector

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Study on User Created Content

- Commissioned by the Commission

- Legal part in charge IVIR Institute (Amsterdam)

- Definition of UCC

- Need to introduce new exception in Europe?

Copyright as Cornerstone of the Publishing sector

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Telecom Package

- Aims to modernise EU regulatory framework for communications.

- Opportunity to improve the cooperation framework between providers to content and Internet Service Providers/ telecommunication companies in the fight against piracy.

- Commission proposal November 2007/ Currently ongoing discussions in the European Parliament.

Copyright as Cornerstone of the Publishing sector

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Consultation on copyright levies

- Public consultation until April 2008

- Objective: deepen the Commission's understanding on the functioning of private copying levy schemes set up at national level.

- Hearing 27 May 2008 around three topics

● Role and impact of private copying levies in the digital environment

● Member States' experience with private copying levies

● Private copying levies – what direction should future policy take?

Copyright as Cornerstone of the Publishing sector

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Thank you very much for your attention!!

Legal AdviserOlga Martin Sancho

[email protected]