Brussels, 17/07/2014 (Agence Europe) - Caught between the demands of Commissioners Kroes, Geoghegan-Quinn and Vassiliou, Michel Barnier, who is responsible for the single market, has been obliged to postpone the publication of his White Paper on copyright (see EUROPE 11114). The contentious subjects are principally reported to be territoriality, user-generated content and texts and data mining. Before the White Paper can be revisited, an interim report analysing the responses to the public consultation will be published.
The White Paper was to have been put before the College of Commissioners for adoption on 23 July. However, in the best-case scenario, it appears that this will be postponed until after the summer break. At the inter-services consultation, it is reported that changes were made to the document by the Directorates General CONNECT and Research (see EUROPE 11118), forcing Barnier's services to rework it.
Two schools of thought. In general terms, there is a clash between two schools of thought over the value chain to be reassessed in an update of the legislative body on copyright in the age of the digital era. On the one hand, certain individuals within the Commission wish to lay emphasis on innovative, content-supporting platforms (such as tablets, and websites such as YouTube). In the opposite corner, the preference is to preserve the traditional media, but also artists and performers, therefore not setting digital above all else.
Neelie Kroes, who is responsible for the digital agenda, clearly gave her priority to a digital-oriented reform of copyright and the possibility to access content online across borders, which raises the question of the territoriality of rights. Concerns persist over the clarity of the observation of copyright in content generated by users on the internet. Should these be an exception? To a lesser extent, Commissioner Androulla Vassiliou, in charge of the education and culture portfolio, is believed to have reservations over the payment of artists and performers. Wishing to see creativity supported, she would like the text to develop on this aspect. Lastly, Research Commissioner Maire Geoghegan-Quinn could wish to support the development of text and data mining. How can a balance be struck between commercial and non-commercial interests? Caught between a range of expectations, which reflect those of the stakeholders, Barnier wants to stick to a pragmatic “evidence-based” approach to work towards a consensus, according to several sources at the European Commission.
One for the next Commission? If the Commissioners in question, and above all Kroes, dig their heels in too hard, the risk that the text will not be concluded in September cannot be ruled out, these sources confirmed. This would be highly problematic, because it will then be the responsibility of the next Commission to work on it. This would oblige the next commissioner for the single market to fine-tune a White Paper put together by his or her predecessor, instead of being able to use it as a basis for subsequent work.
Interim report at end of July. To inject a bit of patience until the White Paper can be published, the Commission is expected to present an interim report next week detailing the results of the public consultation carried out on copyright earlier this year, and which received 11,000 responses. “This will give us a good idea of the very many points of view and complex balances we need to strike”, said Chantal Hughes, Barnier''s spokesperson. (MD)