Copyright reform in Europe – expectations and reality, benefit or harm? – Pre 01 2018

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Consolidated programme 2018 overview

Keywords

copyright, reform, EU, digital single market, culture, creators, press publishers, content filtering, link tax, censorship, freedom of expression

Session description

In the ongoing debate on copyright reform, proposals like mandatory content-filtering technologies to monitor user-generated content and creating a new exclusive right for press publishers raise a number of questions regarding their impact on users' fundamental rights, intermediaries' liability and the use of copyright-protected content by Internet users globally. On the other hand, within the policy debate there is a focus on the rights holders perspective, leaving the interests and concerns of other stakeholders out in the cold. Nevertheless, it is unlikely that the resulting expectations of policy makers will be met, which poses the question – is this the right way to improve the situation of authors?

During the discussion, we will focus on the some of the most controversial issues:

  • Proposed EU Directive – ensuring wide access to content or launching a censorship machine?
  • Allocation of responsibility – users, intermediaries or rights holders?
  • Technical hurdles and realities
  • Rights holders and authors – who wins?
  • Implications for global cultural and scientific progress
  • The impact of the law on the development of digital media

Format

  • 45min – Panel discussion
  • 30min – One discussion participant added to the panel from the audience, which switches every 5min (fishbowl)
  • 30min – Open Q&A

Further reading


People

Focal Point

  • Bernhard Hayden, Young Pirates of Europe, bernhard <DOT> hayden <AT> young-pirates <DOT> eu

Org Team

  • Eduardo Santos, D3 - Defesa dos Direitos Digitais
  • Kristina Olausson, ETNO
  • Natalia Filina, EURALO Individuals’ Association
  • Sandro Karumidze, Internet Society, Georgia Chapter

Key Participants

  • Natalia Mileszyk – Communia Association

A lawyer and public policy expert dealing with digital rights, copyright reform and openness. She works for Centrum Cyfrowe, a leading Polish think-and-do-tank focused on the digital leap that society is making due to the robust development of technology. She is also active in Communia Association for Public Domain and Creative Commons Poland. For the last two years she has been actively involved in copyright reform advocacy at the European level. Tweets as @nmileszyk.

  • Henry Winckle – Copyfighters

A young political activist and student of European politics. He is one of the main organisers of the Copyfighters campaign, dedicated to improving and reforming EU copyright legislation and communicating that to a young European audience. He also holds/has held roles within the youth wings of pirate movements on the national and European level, and is currently on Erasmus+ in Freiburg, Germany as part of his undergraduate degree in European Politics from University College London.

  • Nikoloz Gogilidze – Sakpatenti

The Chairman of the Georgian National Intellectual Property Center – Sakpatenti, the governmental authority responsible for carrying out of state policy in the field of Intellectual Property. Before this position he was IP attorney. Mr. Gogilidze has been actively involved for many years in the process of approximation of the Georgian IP legislation with the EU acquis. Mr. Gogilidze was representing Georgia in FTA negotiations with different countries. He delivers lectures in IP since 2006 and is a trainer of Georgian Bar Association in the field of intellectual property. At WIPO currently he chairs Madrid Union on international registration of marks and working Group of Lisbon Union on international registration of appellations of origin.

Moderator

  • Bernhard Hayden – Young Pirates of Europe

The President of Young Pirates of Europe, a federation of seven European digital rights youth organization, student of International Migration and Ethnic Relations at Malmö University, Sweden, and member of the SALTO Youth Participation Think Tank. As a (youth) participant and organizer in EuroDIG since 2014, he has been actively contributing to keep up the discussion on copyright at this forum, enabling him to connect the dots between the last years and this session as a moderator.

Remote Moderator

The Remote Moderator is in charge of facilitating participation via digital channels such as WebEx and social medial (Twitter, facebook). Remote Moderators monitor and moderate the social media channels and the participants via WebEX and forward questions to the session moderator. Please contact the EuroDIG secretariat if you need help to find a Remote Moderator.

Reporter

  • Claudio Lucena

Messages

  • Automated ex ante content blocking, removal or monitoring tools present high risks to human rights, such as freedom of expression, information and access, and their abuse may hinder creativity.
  • The necessity and proportionality of these tools should be subject to clear and objective conditions, deep assessment and transparent public oversight.
  • As Article 13 is currently framed, it is excessively broad, it may reach platforms that should not be subject to any ex ante control provision, and it may also render smaller players and projects economically and operationally inviable.
  • If the purpose of Article 11 of the reform is to protect the conventional press publishing business models, policy-making initiatives must provide evidence that the proposed model is more efficient and that the proposed trade-off will be reasonable.
  • The implications and the impact of ‘snippet’ protection is not clear and should be thoroughly analysed by policy makers and civil society, the reform should also carefully address the excessive concentration of press power.

Find an independent report of the session from the Geneva Internet Platform Digital Watch Observatory at https://dig.watch/resources/copyright-reform-europe-%E2%80%93-expectations-and-reality-benefit-or-harm