The Directive is still bad!
All the changes to the final text of the Proposal for the Directive on copyright in the Digital Single Market that were negotiated in the trilogue are analyzed on the website Internet is for the people, available also in Slovenian. An analysis of the advantages and disadvantages of the Directive can also be found on our website.
Despite some positive changes (a mandatory exception for text and data mining, the facilitation of making the works from collections of cultural heritage institutions available to the public online, ensuring that reproductions of visual artwork in the public domain is not subject to copyright, the right of authors to an appropriate and proportionate remuneration), the overall assessment of the Directive remains negative, especially because of the following reasons:
– Articles 3 and 3a: text and data mining is enabled to other subjects (that are not research organizations mining in scientific research purposes) only under the condition that rightsholders do not object it,
– Article 4: the exception for education can easily be switched-off, if member states implement the licensing possibility and not the mandatory exception,
– Article 11: the new right of press publishers decreases competition and innovation in the delivery of news, and limits access to information,
Article 13: making online platforms liable for uploads of infringing content will result in the introduction of upload filters, which has a negative impact on users’ right of expression.
Because of these reasons, the Directive has to be rejected. Especially, we must say a loud NO to Article 13! So far 100 members of the European Parliament have pledged to vote against this law. Visit pledge2019 and ask your representatives to take the pledge to take down the Directive that would drastically change the Internet as we know it today (to worse)!
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!