06 2021 | Connected Digital Single Market

LEGISLATIVE TRAIN 09.2021 2 CONNECTED DIGITAL SINGLE MARKET / UP TO €415BN

MODERNISATION OF EUROPEAN COPYRIGHT RULES: DIRECTIVE ON COPYRIGHT IN THE DIGITAL SINGLE MARKET [ ARRIVED ] > DESCRIPTION OF DIGITAL SINGLE MARKET PACKAGE > BETTER ACCESS TO DIGITAL GOODS & SERVICES

CONTENT

For a brief overview of the key points of the adopted text and its significance for the citizen, please see the corresponding summary note.

On 14 September 2016, in line with the digital single market strategy, the European Commission presented a legislative package for the modernisation of EU copyright rules including a new directive on copyright in the digital single market. The objective of the proposal is to adapt EU copyright rules in a context where digital technologies are rapidly changing the way works and other protected subject matter are created, produced, distributed and exploited.

The proposal was referred to the European Parliament Committee on Legal Affairs (JURI), which on 12 October 2016 appointed Therese Comodini Cachia (EPP, Malta) as rapporteur. In June 2017, Axel Voss (EPP, Germany) was appointed as the new rapporteur - in replacement of Therese Comodini Cachia. The Internal Market and Consumer Protection market (IMCO) is an Associated committee.

Despite, the European Parliament Committee on Legal Affairs (JURI) approved in June 2018 the report by Axel Voss (EPP, Germany), the decision to start negotiations with the Council was rejected by the plenary in July 2018 (318 votes to 278 with 31 abstentions). A revised negotiating position was finally approved (by 438 votes to 226, with 39 abstentions) by the plenary in September 2018.

In February 2019, after more than two years of protracted negotiations, the co-legislators agreed on a new set of copyright rules including two controversial provisions: 1) the creation of a new right that will allow press publishers to claim remuneration for the online use of their publications (Article 15), and 2), the imposition of content monitoring measures on online platforms such as YouTube, which seeks to resolve the 'value gap' and help rights-holders to better monetise and control the distribution of their content online (Article 17). Furthermore, in addition to the mandatory exception for text and data mining for research purposes proposed by the Commission in its proposal, the co-legislators agreed to enshrine in EU law another mandatory exception for general text and data mining (Article 4) in order to contribute to the development of data analytics and artificial intelligence and on a number of new EU rules (e.g. new licensing mechanism for out-of-commerce works).

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The European Parliament (in plenary) and the Council have approved the compromise text in March 2019 and in April 2019 respectively. The directive was published on 15 May 2019 in the Official Journal of the European Union and all Member states must transpose the new rules in their national law by June 2021.

References:

• EP Legislative Observatory, Proposal for a Directive of the European Parliament and of the Council on copyright in the Digital Single Market, 2016/0280(COD) • Directive (EU) 2019/790 of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC, Official Journal of the European Union, 15 May 2019 • Council, EU adjusts copyright rules to the digital age, 15 April 2019 • European Commission, Press release, Questions and Answers – European Parliament's vote in favour of modernised rules fit for digital age, 26 March 2019 • Joint statement on the Directive of the European Parliament and Council on copyright in the Digital Single Market, 20 February 2019 • Council, EU copyright rules adjusted to the digital age, 13 February 2019