EU Copyright: Just Like a New IP Lawyer? (Eleonora Rosati)

Who Owns the Arts and the Sciences?New IP Lawyers Inaugural Conference

Exeter, 22 and 23 June 2015

Dr Eleonora Rosati

@eLAWnoraeleonora@e-lawnora.com

EU Copyright: Just Like a New IP Lawyer?

Contents

• EU copyright reform debate• Quick recap: what happened before• The Reda Report• The Digital Single Market Strategy

• What’s in there• What is missing .. but features elsewhere

• Is there such thing as an age of EU copyright reform?

• Can any parallels be drawn with new IP lawyers?

EU copyright reform debate

Once upon a (copyright) dream …

We may go all the way back to 1988 …

… but maybe it’s OK just to stop at 2014• The Public Consultation• Access to content and licence segmentation • Exclusive rights

• Making available to the public• Hyperlinking and browsing • Digital exhaustion

• Exceptions and limitations• Formalities • Duration and identifiers• Fair remuneration• Civil enforcement and role of ISPs• More harmonisation?

What came next?

A couple of leaked draft documents …

• Impact Assessment: further harmonisation• From doing nothing to European copyright code and everything in between,

including soft law and new directive(s)

• White Paper• Premature to address digital exhaustion and e-lending • Maybe revising research exception (TDM)• More harmonisation of private copying levies

New Parliament

New Commission New … era?

Reda Report

556 amendments presented

The Digital Single Market Strategy

Getting rid of all the

“pointless barriers”?

The Digital Single Market Strategy• 3 pillars

1. Better access for consumers and businesses to online goods and services across Europe

2. Creating the right conditions for digital networks and services to flourish3. Maximising the growth potential of European digital economy

• Translated into copyright language:

What is not in the Digital Single Market Strategy• Exclusive rights• E-lending• Private copying levies• Fair remuneration• Full harmonisation

• Indication of legal instruments

Although they are somewhere else …• Exclusive rights• Distribution right: Labianca, C-516/13• Digital exhaustion (implicitly): Art&Allposters, C-419/13• Linking: C More, C-279/13

• GS Media, C-160/15

• E-lending: Vereniging van Openbare Bibliotheken v Stichting Leenrecht

• Private copying levies: Copydan, C-463/12• HP Belgium, C-572/13• Egeda, C-470/14• Nokia Italia, C-110/15

In 2014 CJEU completed 69 IP cases

Cf 2013: 43 cases

Is there such thing as an age of EU copyright

reform?

All in all: who’s who?

Case law Exclusive rights

Exceptions and limitations

PolicyGeoblocking

(Exceptions and limitations)

(Possibly) ISPs

Can any parallels be drawn with new IP

lawyers?

Much to be done

2 possible approaches

Thanks for your attentio

n!

@eLAWnora

eleonora@e-lawnora.com