Changing the numbers of the articles won’t make the EU copyright reform better!
If the European Parliament adopts the Directive on copyright in the Digital Single Market next week, especially Article 13 (which was changed to Article 17 just before the vote), the internet as a space for communication, where everyone freely communicates with everyone else, will change drastically.
The problematic provision will pose an obligation to platforms, on which users upload certain contents, to conclude license agreement for practically every possible copyrighted work, otherwise they will be liable for the uploaded content infringing copyright. To avoid a relatively high degree of legal risk, platforms will in doubt block the content (with upload filters that are currently not able to distinguish lawful use from copyright infringement) and with this avoid liability.
Yesterday, European companies joined the civil initiative fighting against censorship, organizations in the scientific, economic, librarian, educational and other sectors warning about the threat to freedom of expression, open education and research, as well as the rightsholders in the audio-visual and sports sector, entertainment and music industry on the other side who believe that the directive imposes too much obligations on them. In an open letter 130 European companies exposed the negative implications of Articles 11 (now Article 15) and 13 (now Article 17) on the European economy. Changing the numbers of the Directive in not enough, Europe needs a better legislative solution!
On 23rd of November, 2021, the European Commission has published two reports in the field of copyright, as required by Directives 2014/26/EU (CRM Directive) and 2019/790 (DSM Directive). They are supported by two studies: Study on emerging issues on collective licensing management in the digital environment, and Study on selected issues relating to the application of the CRM Directive.
A new book “Law and Artificial Intelligence: Issues of Ethics, Human Rights and Social Harm” was published (Institute of Criminology at the Faculty of law in Ljubljana, 2021), the editors of which are prof. dr. Aleš Završnik and dr. Katja Simončič. The author of one of the articles is also dr. Maja Bogataj Jančič, LL.M., LL.M., who wrote an article on the topic of whether artificial intelligence can be an author of a copyright work.
Jožef Štefan Institute is organising GO-DIP workshop series, first of them coming on November 19th, 2021 is revolving around software IP and data agreements. The GO-DIP project aims to increase the competencies of knowledge generators and intermediaries. At 15.10 dr. Maja Bogataj Jančič, LL.M., LL.M. will be lecturing in the Workshop: Development of a checklist for model digital IP agreements. Welcome!
2nd GPAI Summit will occur from 11-12 November, 2021 in Paris, France. Leading international AI experts from civil society, academia, industry and governments, including ministerial-level delegates from GPAI’s Membership, will come together for GPAI’s annual event. This public-facing event will include reporting on the ten Working Groups’ study topics, including the reporting of Data Governance Working Group (DG WG). Public conferences will be broadcasted live on GPAI’s Youtube channel. Welcome!