It is possible that the Commission will toughen up its approach to the transfer of value, as suggested by the information received ahead of the presentation of the legislative package on copyright, planned for 21 September. The draft communication accompanying this package has been seen by EUROPE and encourages the distribution, access and competitiveness of European audiovisual content.
The single digital market strategy presented in May 2015 explained how the Commission intended to reduce the disparities between the different copyright systems and expand access to European content. To achieve this end, it therefore presented a proposal on 9 December last on the portability of cross-border content. A second package is expected to follow on 21 September: a general communication on copyright; a draft directive on copyright in the single digital market; a draft regulation on copyright during the retransmission of TV and online radio programmes, as well as an impact assessment relating to the measures planned.
YouTube could be compelled to conclude licenses. According to information we have received, the intentions of the Commission (EUROPE 11611) have largely evolved over the past few weeks. It is now looking at more coercive measures in the context of the transfer of value, a principle used by certain online platforms to provide the public with free content, without necessarily compensating the rights holders. The draft directive, which is still in an inter-services consultation stage, calls on member states to highlight service providers that play a more active role than others in this area. One source confirmed the removal of references to good faith from the stakeholders and explained, "When platforms store and provide public access to copyright protected content… They perform an act of communication to the public. In this case, they must conclude licences with the rights holders, unless they are eligible for exemptions of responsibility contained in the directive on e-commerce". The text also compels these platforms to "use technical means to trace content protected by copyright" and to "communicate this information to the rights holders".
Financing, access and broadcasting of audiovisual content. The communication accompanying the package broadly focuses on audiovisual content. The Commission points out that European films are less distributed in Europe than in the US: on average, European films reach only 2.8 member states, as opposed to 6.8 EU member states for American films. At the cinema, the disparity between European films (2.6) and American (9.7) is even higher. In this context, the Commission has set itself three objectives: first of all, it is calling for greater online distribution of European content. It is therefore intending to launch an instrument by the end of 2016, which will provide easier access and the reuse of existing subtitles/dubbing. It also intends to contribute financially to the implementation of European content catalogues that can be used by subscription video providers. It is also promising to develop licence laboratories, online tools that facilitate the distribution of European digital content in countries where it has not been shown at the cinema or where there is no national distributor. The second objective: making the research and access to European online content easier. To do this, the Commission intends to develop greater identifying operability such as ISAN and EIRD identifiers. By the end of the year, the Commission will be proposing that common standard identifiers are used, which will determine access to the Media programme, as well as a research portal that will be made available in 2017. The third and final objective: making the European audiovisual industry more competitive and sustainable. To do this, the Commission will encourage the development of alternative financing, production and distribution models based on greater long-term collaboration in the value chain. It intends to begin its action in the animation sector and in this connection will launch a dialogue later this year with the main animation studios, in an effort to reach an agreement for a sector action plan by 2017. It also intends to possibly create a catalogue of European films for educational purposes next year.
Copyright exemptions. The communication also confirms the introduction of copyright exceptions for the education sector, research, the preservation of cultural heritage and access to books for the blind and visually impaired (Marrakesh Treaty). It is not, however, introducing any exemptions to the freedom of panorama, even though it has confirmed the relevance of implementing this measure in the majority of member states and is recommending its application. Other exceptions could therefore follow in the wake of European Court of Justice rulings, explains the document. This could also include on-screen consultation of research work and private study in libraries and other institutions. The package will be presented on 21 September. (Original version in French by Sophie Petitjean)