Brussels, 10/11/2015 (Agence Europe) - The rumours about the European Commission wanting to submit hyperlinks to copyright rules were not quashed by the Commissioner for the Digital Agenda, Günther Oettinger, when he spoke on Monday 9 November.
During a debate at the Industry Committee (ITRE) at the European Parliament, Oettinger suggested that this question was currently on the table. In reply to a number of questions from Kaja Kallas (ALDE, Estonia), the Commissioner explained, “this decision will be taken by the College of Commissioners during its meeting on 9 December. Consultations are currently continuing”.
The strategy for creating a single digital market, presented in May 2015 (see EUROPE 11309), identifies copyright as a priority. The Commission is committed to presenting measures on this in an effort to “reduce the disparities between copyright systems and expand online access to works throughout the EU, particularly by way of additional harmonisation measures”. Therefore, by the end of 2015 there will be a general communication on copyright, a draft regulation on the portability of these rights and a legislative proposal on implementation of the Marrakesh Treaty on exceptions for the visually impaired.
According to Julia Reda MEP (Greens/EFA, Germany), the general communication will extend copyright rules to hyperlinks. She affirmed that “the Commission is planning to make the simple action of making links to certain content subject to copyright rules… All web links will become a legal minefield and allow publishers to consider each isolated act on the Internet as liable”.
The draft communication unveiled a few days ago on the Internet does not make any direct reference to hyperlinks. It does, however, stipulate that “the Commission will examine whether action is necessary on the definition of communication rights to the public and their availability. It will also envisage other possible courses of action, including intervention on the rules in general”. This paragraph directly refers to the Svensson ruling according to which, hyperlinks do not constitute a communication to the public, explained Reda, who is in charge of the copyright question at the EP.
The draft communication circulation. In addition to the question of the communication to the public, the draft communication has raised the question of an evaluation of the coherence of the fee paying systems for private copy and reproduction between the states. It indicated that “the questions… include the link between compensation and damages, dual payments, exemptions and the principles governing the reimbursement systems and non-discrimination between nationals and non-nationals in the distribution of the deductions collected”.
This project also raises the question of extending certain provisions in the satellite and cable directive to broadcasters' online transmissions, in an effort to ensure cross-border distribution of television and radio programmes. It also suggests clarification of the panorama exception, a more harmonised system with regard to the remuneration of authors and artists, as well as a study into the platforms that also cover the notification mechanisms and action. The Commission is also committed to examining the need to revise the legal framework on intellectual property rights by autumn 2016, as well as clarify the rules that help identify offenders, the application (cross-border) of provisional and precautionary measures and calculation and allocation of damages and legal costs. (Original version in French by Sophie Petitjean)