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Gestdem 2018/0811 - Annex Г Ref. Ares(2018)1833352 - 05/04/2018 Gestdem 2018/0811 - Annex Г 1. Letter from EC to Academics, 07.09.2016, Ref. Ares(2016)5106359 p. 2 2. Letter from EC to citizen request 27.09.2016 Ref. Ares(2016)5667703 p. 3 3. Letter from EC to Allied for Start-ups, 05.10.2016, Ref. Ares(2016)5771561 p. 6 4. Letter from EC to AEDE, 21.10.2016, 310425 Ref. Ares(2016)6047672 p. 8 5. Letter from Com Oettinger to M. Grommer 21.12.2016, Ref. Ares(2016)7100526 p. 9 6. Letter from EC to Hubert Burda Media, 21.12.2016, Ref. Ares(2016)7098932 p. 10 7. Letter from EC to SwobblUG, 21.12.2016, Ref. Ares (2016)7100526 p. 11 8. Letter from EC to Citizen, 12.01.2017, Ref. Ares(2017)221274 p. 12 9. Letter from EC to Polish Chamber of press publishers, 18.01.2017, Ref. Ares(2017)375988 p. 14 10. Letter from EC to MEP Nathan Gill (Wales), 29.03.2017, Ref. Ares(2017) 1684807 p. 16 11. Letter from EC to EPC, 02.06.2017. Ref. Ares(2017)27828 p. 17 12. Letter from EC to Copyright for Creativity, 20.12.2017, Ref. Ares(2017)6260406 p. 18 13. Document sent by UK professor (CIPIL/ University of Cambridge) "Call for views: Modernising the European Copyright Framework", 20.12.2016, Ref. Ares(2017)223275 p. 19 14. Letter from CIPIL to President Juncker, Vice-President Ansip, Commissioner Oettinger with its annex, 25.07.2016, Ref. Ares(2016)3906509 p. 32 15. Letter from Polish Chambers of press publishers with its annex, 06.09.2016, Ref. Ares(2016)5171355 p. 110 16. Email from Innovative Media Publishers with its annex, 3.10.2017, Ref. Ares(2018) 1500698 p. 117 17. Email from EDIMA, with its Annex, 09.09.2016, Ref. Ares(2016)5167080 p. 121 18. Email from EUROCADRES, with Annex, 02.03.2017, Ref. Ares(2017)1464835 p. 123 Doc 1 Ш Ref. Ares(2016)5106359 - 07/09/2016 ANDRUS ANSI P VICE-PRESIDENT OF THE EUROPEAN COMMISSION Brussels, 0-7 09, 2018 JG/kl- Ares (2016) Personal data ¡Professor of Intellectual Property Law Director of CIPIL, University of Cambridge Professor of Digital Economy, University of Cardiff Principal Lecturer in Investigative Journalism De Montfort University, Leicester E-mail: Dear i land dear Thank you for your e-mail of 25 July 2016 regarding the proposed granting of an EU neighbouring right to publishers in the context of copyright law reform. I can confirm that the questions you raise in your letter are being carefully analysed in the Commission's internal decision-making process, supported by the required impact assessment work. The Commission expects to adopt legislative proposals for the modernisation of the EU copyright rules later in September. Your comments and your reference to the conference held on 23 April in this regard are really appreciated and useful. Since this conference focused on this important EU publisher right's issue, officials from the Directorate General for Communications Networks, Content & Technology (DG CONNECT) attended it. Again, I would like to thank you and your respective universities for your contributions to this debate and I look forward to continuing this dialogue with you. Yours sincerely, Personal data Andrus Ansip Ш 'ciTonically signed on 07/09/2016 16:.>*l (UTC+02) in accordance with article 4.2 (Validity of electronic documentă) oť Commission Decision 2004/66.5 RUE DE LA LOI, 200 - B-1Q49 BRUSSELS - TEL. i J - E-MAIL: J>@ec.europa.eu Doc 2 Щ Ref. Ares(2016)5667703 - 29/09/2016 From: I (CNECT) Personal data Sent: 27 September 2016 16:36 To: CNECT CAD; CNECT (CAB-ANS1P) Subject: Ares(2016)4864623 : Tax on the use of snippets in search results from search Follow Up Flag: Follow up Flag Status: Completed Categories: Follow-up Thank you for your email dating from the 26th of August 2016. First of all, please let me stress that the European Commission cannot give legal advice on specific and individual cases. That being said, I understand from your email that you have created a new website with a specific search engine (free of charge) which allows potential investors to quickly find information on investments in Europe. Your database includes news articles on investments in Europe, and your search engine activity involves hyperlinks ("deeplinks") to other websites. You mention that those links are displayed by a title "that indicates the content of the underlying article" and you further mention that you "do not use "citation" nor (...) "framing" and (...) "pictures" in order to respect copyright", but paraphrases. You are worried about the consequences that the European Commission's (EC) copyright legislative proposals could have on your website/search engine activity. According to the information that you have gathered, the EC proposals consist indeed, of a "tax on the use of snippets in 'search results' from search engines". First of all, you will find complete and up-to-date information about the current legislative proposals adopted by the Commission on the 14th of September 2016, at this link: Modernisation of EU Copyright rules, i notably recommend you to have a look at the Questions and Answers and also at the Impact Assessment on the modernisation of EU copyright rules, available here (see "Rights in Publications" p.155). Regarding your question, it should be noted that as of today, press publications are already protected by the copyright of their authors. Making available or reproducing parts of them may already be a copyright relevant act or not, depending on the criteria set out by the European Court of Justice (CJEU) in its case law. The new right for publishers will not change that. It will have no impact on the question whether and to what extent using snippets/hyperlinking is copyright relevant under EU law. Regarding your concerns, I specifically refer you to the explanations on p.162 and p.169 of the Impact Assessment. I therefore recommend you to examine the legality of your service in the light of the existing copyright legal framework along with the CJEU case law regarding the making available right- hyperlinking/framing (ex. Svensson, Best Water. GS Media) and the reproduction right (ex. infopaq 1-11, Meltwater). I hope you find this response helpful. Yours sincerely, Personal data Legal Officer European Commission DGCONNECT UNIT 12 - Copyright Avenue de Beaulieu 25 B-1060 Brussels/Belqium The views expressed In this e-mail are my own and may not, , . , , under any circumstances, be interpreted as stating an official under third party COnsiuttatlOn position of the European Commission. From: Sent: 26 August 201616:46 To: CAB ANSIP WEB Doc 3 SII Ref. Ares(2016)5771561 - 05/10/2016 ANDRUS ANSI P VICE-PRESIDENT OF THE EUROPEAN COMMISSION Brussels, 05. 10. 2016 Ares (2016) ■m Personal data Allied for Startups E-mail: I would like to thank you for your open letter of 13 September 2016 on behalf of Allied for Startups, in which you express some concerns about the copyright legislative proposals adopted by the Commission on 14 September, particularly, the proposal on the introduction of a new press publishers' related right. One of the main goals of the Commission's Digital Single Market Strategy is to achieve a wide availability of creative content across the EU, while making sure that EU copyright rules continue to provide a high level of protection for right holders in the digital environment. Accordingly, one of the Commission's objectives pursued with the recent legislative proposals is to introduce fairer rules of the game for a better functioning market place. Against this background, a new' related right for press publishers, like the one existing for content producers involved in other creative sectors, is needed in order to recognise the organisational and economic contribution of press publishers and protect their investment in high quality press content, which is important for a pluralistic society and the democratic debate. I can assure you that the introduction of this new right has been carefully analysed as part of the Commission's internal decision-making process, and is backed by the required impact assessment work. Following this work, a proportionate and targeted approach has been chosen. The new right will only cover digital uses of press publications across EU. Press publications are already protected by the copyright of their author. The new right will not change it. However, the new right will provide press publishers with clearer rules. It should make it easier for them to conclude licence agreements and explore new business models with service providers. For these reasons, we expect this proposal - along with the legal certainty it will create - to have positive effects for all stakeholders. /.../ RUE DE LA LOI, 200 - B-1049 BRUSSELS - TEL. E-MAIL: Wee. europa, eu I would like to thank you for your contribution in this important debate which we shall take duly into account. As you also have highlighted, we believe that it is important to strive for the development of a balanced copyright modernisation while ensuring and fostering a creative and innovative economy. Yours sincerely, Personal data Andrus ANSIP.........'... 2 HI Electronically signed on 05/10/2010 13:1*» (UTOKU) in accordance with aniele 4.2 (Validity of electronic documents) of Commission Decision 2004/505 Doc 4 M Ref. Ares{2016)6047672 - 21/10/2016 EUROPEAN COMMISSION Cabinet of Commissioner Giinther H. Oettinger Head of Cabinet Brussels, 2 1 10. 2016 AH/mp Ares(2015)s-6321083 Personal data Asociacirmde Editores de Diarios Españoles -ir., lid Spain Personal data I would like to thank you for your letter of 6 September 2016, addressed to Commissioner Oettinger, who asked me to reply on his behalf.
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