After three days of intense negotiations behind closed doors (around 20 hours), the co-legislators of the EU finally reached a provisional agreement on the copyright reform on 13 February, at around 9 pm. The transposition deadline is set at 2 years. The exception for text and data mining is mandatory. In terms of remuneration, the text provides that lump sums are not the rule.
According to our information, the latest negotiations have focused on the issue of "proportionate" remuneration and, in particular, on the issue of lump sums. The European Parliament considered that fixed prices cannot be the norm and must remain the exception, while the Council advocated the opposite approach.
Until the last minute, the co-legislators were discussing recital 39Y relating to remuneration. It was not entirely clear whether the co-legislators had resolved the issue of exceptions for user-generated content (UGC).
For the rest, the compromise takes up the main principles of the mandate of the Romanian Presidency of the Council, granted by the Member States' ambassadors on 8 February (see EUROPE 12187, 12191). It establishes the general principle of 'liability' for large platforms, with a mitigation mechanism where the platform can demonstrate that it has sought to reach an agreement and that it is acting to prevent the appearance/reappearance of illegal content. It also provides for an exemption from certain obligations for emerging platforms.
On the question of neighbouring rights, the co-legislators would move towards a 2-year protection for press publishers. (Original version in French by Sophie Petitjean)