On Monday, 14 September 2020 the Public consultation on digital access to European cultural heritage was closed. The purpose of the public consultation was that the European Commission receives feedback on its Recommendation of 27 October 2011 on the digitisation and online accessibility of cultural material and digital preservation from the interested stakeholders. Among others, Communia submitted its response as well, outlining the need for adaptation to the ever changing digital world.
Last week the deadline for responses to the European Commission’s Targeted consultation addressed to the participants to the stakeholder dialogue on Article 17 of the CDSM Directive came to a close. Yesterday 14 September 2020, civil society organisations sent to Commissioner Breton a joint letter summarising their responses to the Commission’s consultation document and emphasising the importance of user rights protection.
On Wednesday, 9 September 2020, the General Court published its long-awaited judgement in the “Teran” case (Case T-626/17), which started already back in 2017, and dismissed Slovenia’s action for annulment of the Commission Delegated Regulation (EU) 2017/1353 of 19 May 2017 amending Regulation (EC) No 607/2009 as regards the wine grape varieties and their synonyms that may appear on wine labels, pursuant to which the designation ‘Teran’ may be used on the labels of Croatian wines, produced in Istra region.
In the joint case of YouTube/Cyando (C-682/18 and C-683/18) the music producer Frank Peterson sued YouTube before german courts because its users have uploaded music and videos, on which he held certain rights. The German Court of Justice has asked the CJEU six questions for preliminary ruling regarding the liability of online platform operators for copyright-protected works that have been illegally uploaded by the users.
At the end of July European Commission published a Targeted consultation addressed to the participants to the stakeholder dialogue on Article 17 of the CDSM Directive (as previously reported at IPI). Therein, the Commission presented its understanding of Article 17 and put forth guidance for its implementation, underlining the importance of user rights protection already at the time of upload.
Jenni Tenison (Open Data Institute), who, together with dr. Maja Bogataj Jančič, co-chairs the Global Partnership for Artificial Intelligence (GPAI) Data Governance Working Group, has published on Organisation for economic cooperation and development (OECD) AI-dedicated webpage a blog, describing the GPAI formation, its goals and the first projects of its Data Governance Working Group. You are welcome to read the blog!
The German Federal Court of Justice (BGH) recently brought an end to a more than 20-year long saga in the “Metall auf Metall IV” case. In its decision (available here, in German), the BGH decided that reproduction of two-second sound samples infringes the related right of reproduction of phonogram producers.
European Commission has finally published the consultation document on stakeholders’ dialogue regarding the implementation of Article 17 of the Directive (EU) 2019/790 on Copyright and Related Rights on Digital Single Market. The document sums up the stakeholders’ main concerns and sets forth the initial views of the European Commission with the aim to finalise the Commission guidance on Article 17 implementation.
Cultural heritage preservation is crucial not only for maintaining but also for development of society on national, as well as international level. Despite the fact that cultural heritage objects remind us of the past times when today’s technology did not exist yet, technological development can be harnessed for preservation, restoration and research of cultural heritage through its digitisation. With the aim of improving policy instruments for cultural heritage digitisation across Europe, the European Commission launched the Public consultation on digital access to European cultural heritage.
On Tuesday, 14 July 2020, Slovenian experts that are part of Global Partnership for Artificial Intelligence (GPAI) met for the first time at the Ministry of Foreign Affairs. The purpose of the introductory meeting was to improve the information flow between experts and state officials, to introduce areas where Slovenia is already active, and to form an informal network that would lay foundations for state-experts cooperation within GPAI and other international initiatives.
As part of the European Digital Single Market Strategy, the European Commission published the Intellectual Property Action Plan, which seeks to improve intellectual property management across the EU to boost European economy, especially in these trying times of a global pandemic, caused by the COVID-19 virus. Period for feedback on the Plan is open until 14 August 2020.
Words and logos are not the only signs that can be registered as trademarks but one can also apply for registration of a product shape as a trademark. There are, however, certain restraints on the registrability of such signs. A shape that is necessary to obtain a technical result or a shape that gives substantial value to the product cannot be registered in the EU. The CJEU tried to clarify what this means in the Gömböc judgement that has recently been released.
As we reported last month, Communia held four webinars between 16 and 24 June, discussing the implementation of the new EU Directive 2019/790 on copyright and related rights in the Digital Single Market. Now, the recordings of all four webinars are available online. You are welcome to watch them!
Global Partnership for Artificial Intelligence (GPAI) is an international initiative to ensure responsible use and development of AI, grounded in human rights, diversity, innovations and economic growth.
Since 2005 the Intellectual Property Institute has been taking care of the legal aspects of Creative Common licences in Slovenia. Recently, we have translated the version 4.0 of the CC licences, which are now available in Slovenian on the website creativecommons.org. These are now international licences, which means they are no longer adapted to specific legislations, but they apply worldwide.
The Ministry of Economic Development and Technology (MGRT) has published the stakeholders’ written submissions on implementation of EU Directives 2019/789 laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes and 2019/790 on copyright and related rights in the Digital Single Market.
There are some great news for Open Knowledge and Open Society coming from Brussels. On plenary last week, the European Parliament endorsed the proposal of the European Pirate Party for software, developed by and for EU institutions, to be made available primarily using Open Source solutions.
The CJEU has published another decision regarding whether a certain service constitutes communication to the public in copyright terms, meaning that right holders need to be remunerated. In the past, the Court has already ruled that broadcasting a football match in a pub (FAPL v. QC Leisure, C‑403/08 and C‑429/08), installation of television sets for patients in a rehabilitation centre (Reha Training v. GEMA, C‑117/15) and installation of televisions and/or radios in hotel rooms (Phonographic Performance, C‑162/10) constitutes communication to the public, whereas playing phonograms on the radio in a dental practice (SCF v. Del Corso, C‑135/10) does not. This time the Court in the case of Stim and SAMI v. Fleetmanager (C-753/18) decided on the service of renting out cars equipped with radio receivers.
The fight against the coronavirus pandemic shows us every day the importance of open access to knowledge and innovations that help save lives. Especially important are educational materials, designs of protective equipment and patents on drugs, for instance. While intellectual property rights are, under normal circumstances, generally useful for the development of our society, they can have a negative wider impact in the current situation. An international coalition of scientists, lawyers and engineers are thus inviting the right holders of intellectual property rights to give free access to their rights in these times of crisis.
Today, 14 April 2020, LIBER (Association of European Research Libraries) published a statement, calling upon EU Member States’ governments, European Commissioners, publishers, authors and their trade bodies to enable open and remote access to educational and research materials in order to properly react to changes introduced with the new coronavirus pandemic.
On Friday, 3 April 2020, numerous individuals and organizations representing researchers, educators and students sent an open letter to the WIPO Director, dr. Francis Gurry. In the letter, they urge WIPO to take action and ensure that copyright systems in the Member States offer support in tackling the Coronavirus outbreak and its consequences. IPI and dr. Maja Bogataj Jančič are among the signatories as well.
On 11 March 2020, United Nations Educational, Scientific and Cultural Organization (UNESCO) named the Ad Hoc Expert Group of 24 international experts for the purpose of drafting recommendations on ethical issues raised by the development and use of artificial intelligence (AI).
On 16 March 2020, the new amendment to the Slovenian Industrial Property Act (ZIL-1E) was published in the Official Gazzete. ZIL-1E will enter into force on Sunday, 29 March 2020.
Over the past weeks, governments all over the globe are continuously introducing newer and stricter measures in an attempt to slow down the spreading of the new coronavirus (COVID-19). It is becoming increasingly clearer that the battle against the disease will have to be fought collectively and that people will have to renounce ceratain privileges and rights (i.e. public gathering). Does this mean that we will have to renounce our right to privacy and private data protection? Does European privacy legislation really prevent us from fighting the new coronavirus effectively and thus does not have to be respected?
In light of current circumstances, the Ministry of Economic Development and Technology has extended the deadline for submission on implementation of the Directives 2019/790 and 2019/789 until 30 April 2020.
Ministry of Economic Development and Technology has, in the light of the spread of the SARS-CoV-2 (COVID 19) virus, cancelled the consultations on implementation of the Directive 2019/790 on copyright and related rights in the Digital Single Market and the Directive 2019/789 on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes into Slovenian legislation.
Today, LIBER, the Association of European Research Libraries, published results of the survey on content blocking, carried out by LIBER’s Copyright & Legal Matters Working Group and the UK Libraries and Archives Copyright Alliance (LACA). The results of the survey are worrying, as they show that the Text and Data Mining (TDM) exception contained in the new Directive 2019/790 can easily be undermined by technical blocking from publishers. This information is crucial in the light of consultations for implementation of the new Directive in Slovenia, which are to be held over the course of the next two weeks.
Smithsonian, in cooperation with Creative Commons, made almost 3 million of its works available under the CC0 “licence”. This means that rightholders waive their rights and that the content is available to copy, distribute and modify without restrictions, for any purpose (even commercial).
Friday, 14 February 2020 marked the deadline for submission of comments and suggestions on WIPO draft issues paper on impact of artificial intelligence (AI) on intellectual property (IP). Through such open process, WIPO aims to identify the most pressing issues and formulate important questions in regards to ever more ubiquitous use of AI, and especially its impacts on IP.
On Friday 31 January 2020 at midnight (or at 23:00 GMT), more than three years of various proceedings and discussions finally resulted in Brexit. Nevertheless, its consequences will not fully materialise at least until 31 December 2020, since the United Kingdom and the European Union concluded the Withdrawal Agreement, providing for the transition period during which the EU Law will continue to apply in the UK.
What implications will Brexit have in the area of intellectual property?
Just before Christmas, the CJEU issued its long-awaited decision in the Tom Kabinet case. The Court followed the opinion of advocate general Szpunar and decided that copyrights are not exhausted in case of sale of e-books. A distinction was drawn between e-book and computer programs, the latter not being subject to the exhaustion doctrine. This means that to establish an online market of “second-hand” software no authorisation of copyright holders is required.
Two seconds – the difference between violation of phonogram producers’ rights and freedom of expression ?
The Court of Justice of the European Union (CJEU) has, in its judgment of 29 July 2019 in the Case C‑476/17 (Pelham v. Hütter and Schneider-Esleben), made a significant step forward in interpreting the role of fundamental human rights in the EU copyright law.
Communia has published Guidelines for the implementation of the DSM Directive. Teresa Nobre, Paul Keller in Dimitar Dimitrov have prepared a Guide on Article 14, which regulates works of visual art in the public domain.
On 2 December 2019, Communia published the Guidelines for the implementation of the DSM Directive. Ariadna Matas and Paul Keller have produced a Guide to Articles 8 through 11 of the DSM Directive, which govern the use, digitalisation and making available online of Out of Commerce Works (OOCWs) by Cultural Heritage Institutions (CHIs).
Yesterday, 2 December 2019 Communia launched the Guidelines for the Implementation of the DSM Directive. Ben White, LIBER and our Dr. Maja Bogataj Jančič, IPI, coauthored guidelines for Articles 3 and 4 of the DSM Directive. Article 3 and 4 introduce exceptions and limitations for text and data mining (TDM). Exceptions allow for reproduction of copyright works and other subject matter and extraction and/or re-utilization of the whole or of a substantial part of the contents of a work subject to the sui generis database right.
Yesterday Communia released the guidelines for implementation of the Directive on copyright and related rights in the digital single market (DSM directive). These guidelines explain different provisions of the new DSM Directive and make suggestions on what to advocate for during the implementation process of those provisions in the EU Member States.
The “Neues Museum” in Berlin keeps amongst its collection of ancient Egypt works a more than 3000 years old bust of Nefertiti, the wife of pharaoh Amenophis IV. Recently, the museum has scanned the statue with the help of 3D technology and recreated a digital copy. This replica was then made available under the terms of Creative Commons BY-NC-SA licence. This means that the rights have to be attributed to the museum, the work can be used for non-commercial purposes only and that it has to be shared under the same licence. Is this permitted?
The European Union and China have recently negotiated a bilateral agreement that will ensure the protection of 100 Chinese geographical indications in the EU and 100 European GIs in China. This agreement is of major importance in light of the fact that China is the second largest exporter of EU agricultural products market with GIs.
The world known anonymous street artist Banksy recently opened a shop in South London that is closed for the public. In fact, it is only a storefront, in which different rather unusual products are exhibited. They can be bought on the artist’s newly established online store. In the background of these openings by the activist, who is generally against intellectual property and its commercialisation, are legal procedures regarding the protection of Banksy’s works and his name.
Tomorrow, on 19 October 2019, the new ZASP-H amendment to the Slovenian Copyrights and Related Rights Act will enter into force. The amendment implements the new Directive (EU) 2017/1564 of the European Parliament and of the Council of 13 September 2017 on certain permitted uses of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled and (Directive 2017/1564).
“Open Knowledge is knowledge that is free for use, reuse, and redistribution and in this sense is free from legal, social, as well as technological restrictions.” dr. Maja Bogataj Jančič explained for RTV in “Na kratko”.
In intellectual property law, objects can sometimes be protected by different rights. This is so uncommon, but in the case of conflicts, fundamental questions about the coexistence of different rights arise. Recently, the CJEU dealt with the relationship between copyrights and the rights arising from a design in a judgement from 12 September 2019 in the case C-683/17 (Cofemel v. G-Star).
A dispute between the University of California (UC) and the publishing giant Elsevier echoes in academia. After months of negotiations, UC decided to terminate the agreement with the publisher as the latter was not willing to agree to UC’s terms. UC, where almost 10% of scientific articles in US are published, wanted to make those articles available to the public. Instead, Elsevier insisted on double payment for “open access” articles.
Recently, the Dutch government has released the proposal of the amendment of the copyright legislation (in Dutch), with which it intends to implement the Directive on copyright and related rights in the Digital Single Market. The public has now until 2 September 2019 to comment on the proposal. Opening the public consultation in the middle of the summer implies that the Dutch legislator wants to implement the Directive as fast as possible without giving the public a real possibility to be included in the debate.
Last week, the Government of Slovenia approved the new Proposal of the Act on the Changes and Amendments of the Copyright and Related Rights Act (ZASP), that is currently under discussion in the Parliament. The Amending Act transposes the Directive 2017/1564 of the European Parliament and of the Council of 13 September 2017 on certain permitted uses of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled, that was to be transposed already in October 2018.
On 28 May 2019, the representatives of the member states unanimously adopted the draft of UNESCO Recommendation on Open Educational Resources. The document will be finally debated at the UNESCO General Conference that will be held in Paris this November.
The Directive on copyright and related rights in the Digital Single Market has not yet entered into force (7 June 2019 is the official date initiating the 2-year implementation period), the CJEU already received a question regarding its conformity with the EU Charter of Fundamental Rights.
“The Directive threatens free knowledge. We are all authors, we are all creators online, so requirements for platforms to filter uploads by third parties, by their users may really lead to a situation where these same filters can be applied to other types of content. Not just copyright violations, you can basically censor anything.”
The University of Zagreb invites you to enroll in the interdisciplinary postgraduate specialist studies of intellectual property in the academic year 2019/2020. Successful candidates will obtain the following title at the end of the program: sveučilišni specijalist/specijalistica intelektualnog vlasništva.
42 organizations that advocate for the protection of fundamental rights of users on the internet and a wide access to knowledge, amongst which Civil Liberties Union of Europe, Wikimedia Foundation, IFLA, EDRi, Communia and Creative Commons, addressed an open letter to the European Commission at the beginning of this week.
“The Internet has this quality for amplification for user engagement, for reach of content and information that we have not seen before.” This is how Jan Gerlach (Senior Public Policy Manager, Fundacija Wikimedia) commented the internet in an interview with Domen Savič (Citizen D) on the podcast Fahrenheit 77.
“Open Knowledge Day, organized by the Intellectual Property Institute and the institute Today is a new day last week, emphasized that privacy and knowledge are not properties but need to be rights.”
Amongst others, RTV reported on the Open Knowledge Day, that was jointly organized by the Intellectual Property Institute and Danes je nov dan on 6 May 2019.
Today, we celebrate World Intellectual Property Day. Traditionally, IPI announces the most notable event of the past year on this day. Without doubt, this was for sure the adoption of the Directive on copyright in the Digital Single Market.
For the development of innovative products and services on the digital single market, the Proposal for the Directive on Open Data and Public Sector Information is also important. While the Copyright Directive was raising dust, the European Parliament adopted the PSI Directive with large majority but without greater attention.
Today, the Council of EU sealed the deal on the Directive on copyright in the Digital Single Market. After the publication of the official text of the Directive and its entry into force, the Member States will have two years to transfer the directive into their national legislation.
Luka Novak from the Slovenian Organization of Authors and Publishers for Reproduction Rights – SAZOR and Domen Savič from the institute Državljan D confronted their views on the Directive on copyright in the Digital Single Market, while dr. Maja Bogataj Jančič, IPI, spoke about the text and data mining and educational exception.
In cooperation with the organization Creative Commons, IPI prepared the official translations of the CC licenses 4.0. Creative Commons provides free, easy-to-use copyright licenses to give the public permission to use creative work, but also acts as an organized network for advocacy and initiatives related to free sharing of copyrighted material, open resources and open internet.
“We believe that there is a minimum set of access and use rights that should be defined by public rules, since they are justified by public interests. If copyright laws do not grant to the education and research communities, the cultural heritage institutions, and the persons with disabilities the same level of protection that is granted to rightsholders, and defer to private agreements the regulation of all uses of copyrighted materials, they perpetuate an unbalanced power structure […]. In order to have a minimum set of rules that are applied uniformly by every Member State and have a cross-border effect we need an international law.”
Today, Urša Menart (president of the Directors Guild of Slovenia), dr. Maja Bogataj Jančič (CEO of IPI), Luka Novak (member of the management of the Slovenian Organization of Authors and Publishers for Reproduction Rights) and Vuk Ćosić (digital strategist and web artist) spoke on the podcast Studio ob 17h about the Copyright Directive that was adopted last week.
This week the EU adopted the legislation, which will change the internet as we know it. But all is not lost. First, the Directive on copyright in the Digital Single Market must be approved by the Council, where the votes of the representatives are weighted according to the population of the member states (the bigger the population of a member state, the more the vote counts). There is still a theoretical chance for a major state to reject the Directive.
Despite 5 million signatures collected against the introduction of censorship and mass protests that took place in Europe last week, the MEPs have adopted the harmful Directive on copyright in the Digital Single Market on today’s plenary vote in the European Parliament.
Today, at 12:30 the European Parliament will say its final word on the faith of the Directive on copyright in the Digital Single Market (you can follow the vote live here).
Today, the newspaper Finance published an article, in which different positions regarding the Proposal for the Directive on copyright in the Digital Single Market are confronted. The position of dr. Maja Bogataj Jančič is also presented.
Before tomorrow’s plenary vote in the European Parliament on the Directive on copyright in the Digital Single Market, the European academics warn: “Articles 11 and 13 must go”!
Ministry of Education, Science and Sport you DOES NOT support the Directive on copyright in the Digital Single Market because of the public interest in education and research is not considered enough! You can read the full position of the Ministry (in Slovene) here as well as on their official website.
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 plenary final vote in the European Parliament on the faith of the Directive on copyright in the Digital Single Market is expected to take place next week. Learn more on why the Directive is still bad on the website Internet is for the people and on our website ipi.si, where the positive and the negative implications of the Directive are presented.
On ipi.si you will find a short introduction to all areas, in which IPI operates, the different projects, we are involved in, as well as a special section dedicated to legislative changes of copyright law. Through our new website, we will regularly keep you up-to-date about the novelties in the field of intellectual property law, especially copyright law and the areas connected to our work.
Whose rights will suffer because of the fight for intellectual property? Learn more on yesterday’s podcast Intelekta, on which dr. Maja Bogataj Jančič talked about the good and the bad things the Directive on copyright in the Digital Single Market will bring.
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.
On 26 February 2019, JURI Committee on Legal Affairs approved the text of the Proposal for the Directive on copyright in the Digital Single Market, despite the protests on the streets.
The member states of the EU have on the Committee of Permanent Representatives (COREPER) approved the text of the Directive on copyright in the Digital Single Market that was negotiated in the trilogue.
IPI and Communia prepared an overview of the articles of the Directive on copyright in the Digital Single Market in Slovene.
The trilogue negotiations are concluded after 30 month with a final text of the new EU Copyright Directive, which is not good.
On Friday, 8 February 2019, the member states of the EU have adopted their position on the Proposal for the Directive on copyright in the Digital Single Market.
Article 3 of the Directive on copyright in the Digital Single Market is back on the negotiating table and it is even worse
For all of us who were curious about the outcomes of a possible new ancillary copyright for press publishers, we need look no further.
Last week we wrote about the German non-paper and the proposed changes to Article 13 of the Directive on copyright in the Digital Single Market contained therein.
Teresa Nobre, Communia, writes about the German Council delegation and a proposed “non-paper” with which it tries to mitigate the negative effects of Article 13 of the Directive on Copyright in the Digital Single Market.
Regarding the reform of the copyright in the Digital Single Market, the negotiators in the trilogue have provisionally agreed to include a Public Domain clause in Article 5 of the Directive.
This year we celebrate the 10th anniversary of the Public Domain Manifesto. Its goal is to emphasize the importance of the wealth of information, which is free from the barriers associated to copyright limiting the access and re-use of a copyright work.
January 1, the date on which we celebrate the Day of the Public Domain, is important for copyright as in most of the countries in the world, the works whose copyright protection expired in the previous year, become part of the public domain.
The opposition against Article 13 of the Directive on Copyright in the Digital Single Market is getting stronger and stronger.
In October 2018, the European Union officially ratified the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled.
Is there anyone still supporting Article 13 of the Directive on Copyright in the Digital Single Market?
The new neighbouring right for press publishers is bad news for everybody, can be concluded from Colangelo and Torti’s legal and economic analysis of the new provision, which is supported by European publishers and even by the Slovenian Journalists’ Association. Colangelo and Torti analyse the proposal of Article 11 of the Directive and highlight that today publishers and aggregators depend on each other. Because of this, the proposal of a new right does not have an economic basis.
Statement by EPIP Academics to Members of the European Parliament in advance of the Plenary Vote on the Copyright Directive on 12 September 2018 – vote for a balanced European copyright law
“The European Parliament has voted on the Proposal for the Directive on copyright in the Digital Single Market. MEPs did not hear the warnings of the experts (lastly, economic and legal academics called for a more balanced system).
Communia has analyzed Mr. Voss’s proposal and it seems that it is the worst proposal so far. It seems that there will be no compromise on Article 13 before the plenary vote.
More than 200 academics are warning against the introduction of a new tax on linking for which lobby publishers of print media and press agencies.
Copyright reform is not just about linking tax and censorship machine or value gap provision. Exception for education (Article 4) is of vital importance as well. And many more.
On the podcast of Radio Študent Maja Bogataj Jančič, Rok Andrée and Franc Bogovič (supporter of the reform) comment the rejection of the reform.