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Review of the EU Copyright Framework

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Review of the EU Copyright Framework Review of the EU copyright framework European Implementation Assessment Review of the EU copyright framework: The implementation, application and effects of the "InfoSoc" Directive (2001/29/EC) and of its related instruments European Implementation Assessment Study In October 2014, the Committee on Legal Affairs (JURI) requested from the European Parliament Research Service (EPRS) an Ex Post Impact Assessment on Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society (InfoSoc). This EPRS publication was originally commissioned in the context of JURI's own- initiative implementation report, which was adopted in Plenary in July 2015, Rapporteur Julia Reda MEP. However, it is also relevant to the work of JURI Committees' Working Group on Intellectual Property Rights and Copyright (CWG), chaired by Jean Marie Cavada MEP. Furthermore, this request was made in the wider context of the Commission's review of the EU legislative framework on copyright, and the ensuing legislative proposals, which have been a long time in the planning and which are now expected for the 4th quarter of 2015. The objective of these proposals is to modernise the EU copyright framework, and in particular the InfoSoc Directive, in light of the digital transformation. Accordingly, in response to the JURI request, the Ex-Post Impact Assessment Unit of the European Parliament Research Service decided to produce a "European Implementation Assessment on the review of the EU copyright framework". Implementation reports of EP committees are now routinely accompanied by European Implementation Assessments, drawn up by the Ex-Post Impact Assessment Unit of the Directorate for Impact Assessment and European Added Value, within the European Parliament's Directorate-General for Parliamentary Research Services. However, in this case, owing to the wider context of JURI's request and of its related work in the JURI Committee's CWG, this European Implementation Assessment developed into a broader exercise covering both Ex-Post and EU Added Value aspects. European Implementation Assessment Abstract This European Implementation Assessment 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. The specific objective is to help JURI Members achieve a better understanding of the actual gaps and weaknesses in the existing EU copyright framework. For this European Implementation Assessment, input was received from three independent external contractors: A consortium led by the Centre for European Policy Studies (CEPS) with Economisti Associati as consortium partner; Milieu Ltd; and, Valdani Vicari & Associati (VVA) with the involvement of KEA European Affairs as a subcontractor. This European Implementation Assessment is divided into an Ex-Post Impact Assessment study and three EU Added Value briefing papers, which are included as annexes. The Ex-Post Impact Assessment focuses on the implementation, application and effects of the information society Directive 2001/29/EC (InfoSoc), and of its related instruments. The three additional briefing papers investigate the EU Added Value of modernising the InfoSoc Directive and its related instruments, each one focussing on a general theme in EU copyright policy, and suggesting possible options for reform, namely: 1. The legal aspects of copyright covering, amongst others, the expected effects of any further harmonisation of the existing copyright framework, effects on other EU policies, and of the choice in legal basis. 2. The internal market aspects of copyright relating to inter alia territorial licencing, geo- blocking, exceptions and limitations. 3. The industry and industrial relations aspects of copyright, looking in particular at the copyright value chain and fair remuneration or compensation of artists, authors, content owners, as well as tackling infringements and enforcement mechanisms. The introduction presents an overall analysis and summary of findings. This aims to highlight key overall findings as well as making sure these findings are presented in an easy format for MEPs, and in particular, that the overall evaluation highlights the benefits and problems with the InfoSoc Directive and its related instruments and the main options for reform, which the briefing papers have identified. PE 558.762 2 Sub-type of document AUTHORS - Introduction written by Stephane Reynolds, Ex-Post Impact Assessment Unit. To contact the Unit, please e-mail [email protected] - Ex-Post Impact Assessment study on the implementation, application and effects of Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society (InfoSoc) and of its related instruments, written by Andrea Renda, Felice Simonelli, and Giuseppe Mazziotti (Centre for European Policy Studies) and Alberto Bolognini and Giacomo Luchetta (Economisti Associati srl). - Briefing paper on the legal aspects of copyright: Added value and options for further harmonisation and efficiency of the EU copyright regime, including the projected impact on other policy areas, written by Agnieszka Markowska and Nathalie Meurens of Milieu Ltd, and Ana Ramalho of the University of Maastricht. - -Briefing paper on the internal market aspects of copyright: Added value and options for improving the functioning and efficiency of the single market in the field of copyright, written by Andrea Renda, Felice Simonelli, and Giuseppe Mazziotti (Centre for European Policy Studies) and Giacomo Luchetta (Economisti Associati srl). - -Briefing paper on the industry and industrial relations aspects of copyright: Added value and options for improving enforcement and fair remuneration/compensation in the EU copyright system, written by Viviana Spaghetti and Pierre Hausemer of VVA with the involvement of KEA European affairs. LINGUISTIC VERSIONS Original: EN This document is available on the internet at: http://www.europarl.europa.eu/thinktank DISCLAIMER The content of this document is the sole responsibility of the author and any opinions expressed therein do not represent the official position of the European Parliament. It is addressed to the Members and staff of the EP for their parliamentary work. Reproduction and translation for non-commercial purposes are authorised, provided the source is acknowledged and the European Parliament is given prior notice and sent a copy. Manuscript completed in October 2015. Brussels © European Union, 2015. PE: 558.762 ISBN 978-92-823-8176-2 doi:10.2861/872636 QA-04-15-690-EN-N European Implementation Assessment Contents Introduction .................................................................................................................................... 6 1. Mapping the EU Legislative framework on copyright ......................................................... 7 2. Evaluations carried out by the Commission and next steps ................................................ 8 3. Problem definition ..................................................................................................................... 9 4. The EU copyright intensive industries in figures ................................................................ 10 4.1. Overall figures ....................................................................................................................... 10 4.2. Breakdown by sector ............................................................................................................ 11 5. Key findings of the Ex-Post Impact Assessment on the implementation, application and enforcement of the InfoSoc Directive and of its related instruments................... 13 5.1. Effectiveness .......................................................................................................................... 13 5.1.1. Successful alignment to international standards ........................................................... 13 5.1.2. Enforcement deficit ............................................................................................................ 14 5.1.3. A fragmented EU copyright regime ................................................................................ 14 5.1.4. Limited impact on fair remuneration/compensation of creators ............................... 14 5.2. Efficiency ................................................................................................................................ 15 5.2.1. Inefficient transaction costs .............................................................................................. 15 5.2.2. Cost associated to legal fragmentation ........................................................................... 16 5.2.3. Limited benefits for creators and users ........................................................................... 16 5.3. Coherence ............................................................................................................................... 17 5.3.1. Implementation gaps ......................................................................................................... 18 5.3.2. Sources of fragmentation .................................................................................................. 18 5.4. Relevance ..............................................................................................................................
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