Brussels, 06/11/2015 (Agence Europe) - The European Commission will bring forward its strategy for modernising European copyright rules in December. According to the roadmap published on Wednesday 4 November, along with this strategy could come a draft regulation on copyright portability and a further legislative instrument on the implementation of the Marrakesh Treaty.
The digital single market strategy, set out in May 2015 (see EUROPE 11309), identifies copyright as a priority. In it, the Commission pledged to “reduce the differences between national copyright regimes and allow for wider online access to works by users across the EU, including through further harmonisation measures”.
In the roadmap, the Commission sets out its plan of attack. It undertakes to publish a communication centred on three priorities. The first relates to the territoriality of copyright. The goals are to improve cross-border access to and availability of on-line services, ensure the territoriality of copyright, including removing obstacles to the cross-border portability of legally acquired content (insofar as, at present, accessibility is only guaranteed for less than 4% of all EU on-demand video content) and make it easier to distribute European works, especially films, across the EU. The second priority concerns improving the definition of rights and exceptions to rights. The third and last priority seeks to clarify the rules that govern the activities of online intermediaries.
The Commission is expected to publish the first raft of measures - a legislative proposal on the portability of copyright and another on implementing the World Intellectual Property Organisation's Marrakesh Treaty - sometime at the end of 2015 or start of 2016. It will adopt a second round of measures in spring 2016. According to the roadmap, these measures will relate to: (1) cross-border access to copyright protected services, including those which may follow from the review of the cable and satellite directive (93/83/EEC); (2) further harmonisation of exceptions to copyright; (3) clarification on the role of internet intermediaries; (4) enforcement of intellectual property rights.
The Communication will also consider non-legislative action, such as support at EU level for business driven measures and industry dialogues. Link to the roadmap: http://ec.europa.eu/digital-agenda/en/news/communication-modernisation-eu-copyright-rules . (Original version in French by Sophie Petitjean)