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.
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!