Brussels, 29/04/2014 (Agence Europe) - A European copyright code is one of the avenues being explored by the European Commission with a view to modernising the body of European law on copyright - alongside other actions of varying degrees of intrusion. A provisional version of the impact study, which will accompany the presentation of a White Paper on copyright in mid-June, has been leaked in the press. Four options, legislative and non-legislative, are being considered in order to respond to copyright issues in the digital age. European action has the objective of ensuring cross-border accessibility to protected content, as well as coordination of prosecution of copyright infringements.
This impact study is essential for developing the White Paper, which will largely be informed by the impact study conclusions. This provisional version has not yet taken into account the responses given in the public consultation on copyright that was conducted at the start of the year. The document takes note of the problems linked to the scope of copyright in the digital age, as well as its territoriality and the exceptions made to copyright. Fair remuneration for authors and performers also poses a problem, the Commission acknowledges, as does the application of their rights in a digital context.
Four options. The ultimate option for European intervention to tackle these problems would be to establish a European Copyright Code, replacing the national codes. This would require full harmonisation of the current legislative framework on copyright. This would be the highest level of European intervention. However, the Commission is also looking at other, less direct options as part of its impact assessment, and recommends that these be combined to tackle the various issues. A first option, which would be less interventionist, would be to rely on the market to improve the availability of content online, allow member states to act as they see fit within the existing legal framework and rely on the courts to clarify provisions of the directives relevant to copyright. A second option consists of Commission guidance to the member states and market players, remaining within the framework of existing legislation. A third option, which is less intrusive but halfway towards a European code, would consist of European intervention to achieve a deeper level of harmonisation in the internal market in the creative sector, particularly in key areas such as territoriality, rights in the online environment and some of the exceptions to copyright. (MD)