The inter-institutional negotiations on copyright reform are expected to begin on 2 October.
In addition to the question of the value gap and introduction of a neighbouring law for newspaper publishers, it is the compulsory law on remuneration, a law for sports events organisers and a law on image referencing, introduced by MEPs, which will be at the heart of the discussions.
In its position on 12 September, the European Parliament effectively called on the member states to ensure “That authors and performers receive fair and proportionate remuneration for the use of their works and other protected objects, including their online use”(article 14 new) (see EUROPE 12094). Platforms that automatically reproduce or reference a significant number of copyright protected visual works and provide them to the public for indexing or referencing purposes must conclude “fair and balanced licensing agreements with any requesting rightholders in order to ensure their fair remuneration” (article 13 b).
Another difference from the Council involves the fact that the European Parliament proposed that sports events organisers are given publishing, public communication and fixation rights (article 12 a). It also explains that this remuneration must be generated by the collective management body for the rights holders concerned.
It should be recalled that this reform was presented in September 2016 and introduces new exceptions to copyright rules and sets out new provisions for ensuring improved protection of protected content.
The Committee of Permanent Representatives to the EU approved the Council's negotiating position on 25 May last (see EUROPE 12029), while the Parliament did do on 12 September (see EUROPE 12094). The position consolidated by the Parliament can be found at: https://bit.ly/2PSFjoa ] (Original version in French by Sophie Petitjean)