Brussels, 02/07/2014 (Agence Europe) - In a position published at the end of June, EU publishers set out their ideal version of what the White Paper on copyright would be, in advance of the planned publication of the said White Paper by the European Commission at the end of July.
The European Publishers Council's (EPC), whose members include media groups such as the Financial Times, Thomson Reuters and Sanoma, advocate legal clarification of the relationship between hyperlinks and the licensing terms of the internet platforms to which hyperlinks direct users. The EPC would like an appropriate and balanced legal framework to be worked out for the use of snippets of news content by publishers and search engines. This would also involve clarifying legislation (InfoSoc Directive) in the case of copies brought together by search engines. These copies are generally collected, processed and stored in an automated way, without anyone verifying each document and the related rights. As for the expiry of copyright, the EPC is recommending that the Commission adopt a “restrictive” approach. The publishers draw particular attention to the fact that, in the digital world, the concept of second-hand sales for content would no longer be applicable, at the risk of undermining the publishing market.
With regard to the question of the territoriality of rights, the publishers are not convinced by the idea of a single code for copyright in Europe for a number of different reasons, including the cost of pan-European fees and also because multi-territorial licences already exist (books, music). The EPC is therefore recommending the current framework to be adapted instead. The Council of European Publishers has not come down on one side or the other on the question of exemptions to copyright but asks for more far-reaching studies on the impact of non-harmonised exceptions in the EU. If the impact proves negative impact, harmonisation could be envisaged if a certain degree of flexibility is guaranteed. Finally, the publishers are not convinced either by the usefulness of applying the US principal of loyal use on exception to copyright but would ultimately like a more thorough going analysis to be carried out in this connection. (MD)