[pp.int.general] Fwd: [The IPKat] BREAKING NEWS: draft impact assessment on review of EU copyright made available

Francisco George francisco.george at gmail.com
Mon Apr 28 13:38:15 CEST 2014

---------- Forwarded message ----------
From: Eleonora Rosati <eleonorarosati at gmail.com>
Date: 2014-04-28 13:29 GMT+02:02
Subject: [The IPKat] BREAKING NEWS: draft impact assessment on review of EU
copyright made available
To: ipkat_readers at googlegroups.com


*A bit of spice just added to Claire's peaceful morning, courtesy of EU
Commission * Statewatch <http://statewatch.org/> has just made available a
link to the Commission's draft Impact Assessment (IA) on the modernisation
of the EU copyright
Is this the already famous Commission's White Paper that Commissioner
Barnier referred to in a
February last?

Although this Kat is not so sure that this document is also 'freely
available' on the Commission's website in the *Svensson
it is nonetheless an interesting reading considering the good deal of
attention *[and responses
11,117 according to Commission's Twitter sources] *that the Public
Consultation on the Review of EU Copyright

The IA is still a provisional version to be finalised in light of responses
to the Public Consultation.

Among other things, the IA includes an overview of the legislative and
non-legislative policy options that the Commission has been considering.
These are:

   1. "*Relying on the market to improve the availability of content
   online, on Member States to take full advantage of the policy space
   available under the current legal framework** [= doing nothing]**, and
   on the courts **[read: the Court of Justice of the European Union]* *to
   clarify provisions of the Directives relevant to the development of new
   uses and services.*"
   2. "*Commission guidance* *[= soft law, eg Commission recommendations,
   MoUs, white, green and other colourful papers]* *to Member States as
   well as to market players, in line with the current legal framework,
   coupled with support for market initiatives **[such as Licences for
   market monitoring*."
   3. "*Legislative intervention aimed at achieving a much deeper level of
   harmonisation than is currently the case, clarifying the framework for some
   new uses and services and achieving a more systematic cross-border
effect* *[=
   re-opening the copyright directives, notably the InfoSoc Directive
   4. "*[A] European Copyright Code would be developed. the Code would
   establish a unitary title  (covering the whole territory of the EU)
   replacing national ones*."

 From what this Kat heard at the Fordham IP Conference last week, she would
bet that the Commission goes for Option 2. But let's wait for the final
version of the IA ...

Posted By Eleonora Rosati to The
4/28/2014 12:27:00 pm

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