Franco-German compromise deal
Article 3 of the Directive on copyright in the Digital Single Market is back on the negotiating table and it is even worse
Unfortunately, most of the member states of the EU still support the introduction of upload filters on the user-generated content platform, they just do not agree on the scope of the mandatory nature of the filters. France claims that filters sould apply to all platforms, regardless of size. Germany, on the other hand, advocated the position that they should not apply to everyone and that companies with a turnover below €20 million per year should be excluded outright.
In the recently presented Franco-German compromise deal, Article 13 does apply to all for-profit platforms. Upload filters must be installed by everyone except those services which fit all three of the following extremely narrow criteria:
– available to the public for less than 3 years,
– annual turnover below €10 million,
– fewer than 5 million unique monthly visitor.
In addition to these strict conditions the platforms that want to be excluded will have to prove that they have undertaken their best efforts to obtain licenses from the right holders. Such a wide obligation to filter copyright content is totally unacceptable for copyright law as the regime stimulating creativity and the dissemination of knowledge.
The French government has a new plan for Europe that could help the EU compete with the US tech giants: the digital commons.
The International Association of Library Associations and Institutions (IFLA), PAC Centre for digital preservation, hosted at the National Library of Poland is holding a series of 10 webinars on basic understanding of digitisation projects.
Communia, a non-governmental organisation that advocates for policies that expand the public domain and increase access to and reuse of culture and knowledge, issued twenty new copyright policy recommendations for the next decade.
The DSM Directive entered into force in June 2019 and the deadline for implementation expired on 7 June 2021. On 23 June 2021, the Commission launched multiple infringement procedures and sent letters of formal notice to Slovenia and 22 other Member States that had failed to notify it of the full transposition of the Directive. Slovenia remains among the 14 Member States against which the Commission is continuing the infringement procedure. On 19 May 2022, the Commission sent reasoned opinions to Belgium, Bulgaria, Cyprus, Denmark, Greece, France, Latvia, Poland, Portugal, Slovenia, Slovakia, Finland and Sweden.