European Copyright Directive

[rockpaperscissor]

Every law that they pass, you see, chips away at the freedoms of thee and me. I'm a poet, and am not aware of the fact (or something like that).

[CharlieC]

I saw a video which suggested there were 3 motivations for Articles 11 & 13.

1. By the big entertainment companies - to get rid of "fair use" and squeeze every last cent out copyrights they hold and to have another attempt at reducing piracy.
2. By the media companies to monetise links to their content - most of these companies are trading while insolvent so it's a last attempt to survive before final collapse.
3. By EU governments to try to suppress independent news and opinion which has proved to be embarrassing on many occasions and slows the implementation of the EU agendas. Embarrassing stuff like the wholesale import of immigrants has lead to an explosion in crime - the MSM (mainstream media) hardly reports this and certainly doesn't identify the perpetrators as African or Middle Eastern which they most often are.

They don't just want to chip away at freedoms - they want to remove them completely.

Regards,

Charlie

[Diderick A. den Bakker]

Can we please stop this nonsensical discussion - it is a subject for people who really know what they are talking about.

[rickstef]

Originally Posted by Diderick A. den Bakker

Can we please stop this nonsensical discussion - it is a subject for people who really know what they are talking about.

Why, the discussion is in the Cardboard Lounge, and the potential impact will enter into our hobby, just like piracy, this will affect all of us.

[whulsey]

Think Diderick may be talking more about Charlie's 3rd point which (in my opinion) is more political and racist then about the business part. Sort of like the mass invasion we hear about here in the US and having lived over 50 years within a 100 or so miles of the south border don't see any evidence of that.

[CharlieC]

I was reporting a synthesis of a number of analyses I have seen on Articles 11 & 13.

The issue has import for this group since the website landships.info - a site I look after - with its 100+ free downloadable models is currently hosted inside the EU. A good deal of that website is composed of articles about WW1 ground technology. The way the articles are constructed looks to me as if they would be problematic under an Article 13 regime.

Charlie

[Diderick A. den Bakker]

Originally Posted by whulsey

Think Diderick may be talking more about Charlie's 3rd point which (in my opinion) is more political and racist then about the business part. Sort of like the mass invasion we hear about here in the US and having lived over 50 years within a 100 or so miles of the south border don't see any evidence of that.

Whulsey, I had not even paid close attention to Charlie's 3rd point. Sorry, but that is a terrible mixture of misinformation, fake news, and highly unusual interpretation of the facts. It would be extremely worrying if this is at all representative of the way the American public regard Europe and the EU.

One more reason to stop this thread. I, for one, will abstain from now.

[Papierschnitzel]

For me this topic is so important that I would hope that it will be discussed and made more aware to the public.

Depending how the EU directive will be implemented by the member nations it has the potential to go really south in regards to internet "freedom" in the EU. I recognize and support the need to protect copyrighted material but the way the big companies seem to have finalized their solution will harm the way smaller entities like myself can engage with like minded (esp forums).

I don't have the ressources to manually or automatically check posted material like comments or feedback on my site as it may become required (and have turned that feature off for now as a precaution because I don't want to get entangled in legal battles by aggressive or overzealous laywers).

I do hope that by making this matter more aware in the public it can be transformed into a solution that will solve the problem in a way that will not go against the smaller creative workforce and hobbyists.

Chris

[Kevin WS]

As Chris says, it is important that people are aware of the actual implications of the Directive which has now become law.

There is a huge amount of "fake news" and misleading information/discussion bouncing around in social media and on the net right now, which is causing unnecessary drama, hype and panic. As there was a couple of-of years back with GDPR (which now it is done and dusted has made Europe a better place to live in for the man in the street and those who believe in their protection of privacy)!

Firstly there are a couple of things to note in relation to the Directive overall:

• Now that the legislation has been officially passed, all 27 EU members have two years to transpose the directive into their national law. It is a time period to adjust National Laws so they correspond to EU legislation. This is the process normally followed when new EU legislation is introduced.
• The Directive is largely derived from the ”Ancillary copyright for press publishers”, which has been operating in Germany since 2013. This means there is practical experience with the Directive.
• Note that Articles 11 and 13 in the draft legislation everyone keeps talking about are actually Article 15 and Article 17 respectively in the newly passed Directive. Article 11 is now Stakeholder Dialogue, while Article 13 refers to Negotiation Mechanisms.
• The content of Article 15 and Article 17 has changed since the form of the DRAFT Articles 11 and 13.

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Articles 15 and Article 17 are the main ones that people currently feel are an issue, so I will try to attempt to clarify the two Articles, quoting the legislation and related references to try and help the understanding of them.

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The current version of the Directive is 271 of 20.3.2019.
It cannot be read/interpreted alone, but MUST be read in conjunction with the following Directives…

• 2001/29/EC.
• 96/9/EC
• 2000/31/EC
• 2006/115/EC,
• 2009/24/EC
• 2012/28/EU
• 2014/26/EU

In Article 271 of 20.3.201, the General Provisions must also be fully understood as these provide both definition and clarification.

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ARTICLE 15.
Article 15 is part of TITLE IV, CHAPTER 1 Rights in publictions", in Directive 271 of 20.3.2019.

Effectively what this Article does is grant publishers direct copyright over "online use of their press publications by information society service providers".

The key part is Paragraph 1.

This states that “Member States shall provide publishers of press publications established in a Member State with the rights provided for in Article 2 and Article 3(2) of Directive 2001/29/EC for the online use of their press publications by information society service providers”.

Note this applies to INFORMATION SOCIETY SERVICE providers.

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What is an Information Service Provider?

Collins Dictionary of Law (https://legal-dictionary.thefreedict...ociety+service) defines this legal term as…

"Information society service - a concept within European e-commerce comprising any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service. It covers internet service providers. "

The Czech Ministry of Trade and Commerce provides a nice document clarifying the use of the term using the applicable EU definitions and Articles (https://www.mpo.cz/en/e-communicatio...rvice--102673/)...

"The rights referred to are as follows…
An information society service is understood to be any service normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of services. While,
a) at a distance means that the service is provided without the parties being simultaneously present,
b) by electronic means that the service is sent initially and received at its destination by means of electronic equipment for the processing (including digital compression) and storage of data, and entirely transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means,
c) at the individual request of a recipient of services means that the service is provided through the transmission of data on individual request.'

Examples of services that cannot be considered as information society services (Annex V of Directive 98/34/EC as amended by Directive 98/48/EC, page 8) are...

1. Services not provided "at a distance”
Services provided in the physical presence of the provider and the recipient, even if they involve the use of electronic devices:
a) medical examinations or treatment at a doctor's surgery using electronic equipment where the patient is physically present;
b) consultation of an electronic catalogue in a shop with the customer on site;
c) plane ticket reservation at a travel agency in the physical presence of the customer by means of a network of computers;
d) electronic games made available in a video—arcade where the customer is physically present.

2. Services not provided "by electronic means”
a) Services having material content even though provided via electronic devices:
1) automatic cash or ticket dispensing machines (banknotes, rail tickets);
2) access to road networks, car parks, etc., charging for use, even if there are electronic devices at the entrance/exit controlling access and/or ensuring correct payment is made,
b) offline services: distribution of CD ROMs or software on diskettes,
c) services which are not provided via electronic processing/inventory systems:
1) voice telephony services;
2) telefax/telex services;
3) services provided via voice telephony or fax;
4) telephone/telefax consultation of a doctor;
5) telephone/telefax consultation of a lawyer;
6) telephone/telefax direct marketing.

3. Services not supplied "at the individual request of a recipient of services”
Services provided by transmitting data without individual demand for simultaneous reception by an unlimited number of individual receivers (point to multipoint transmission):
a) television broadcasting services (including near—video on—demand services), covered by point (a) of Article 1 of Directive 89/552/EEC;
b) radio broadcasting services;
c) (televised) teletext.

(Article 2 2001/29/EC) Member States shall provide for the EXCLUSIVE RIGHT TO AUTHORISE OR PROHIBIT direct or indirect, temporary or permanent reproduction by any an information society service is understood to be any service normally provided for remuneration, at a distance, by electronic means and at the individual request of a recipient of services. While....
a) at a distance means that the service is provided without the parties being simultaneously present,
b) by electronic means that the service is sent initially and received at its destination by means of electronic equipment for the processing (including digital compression) and storage of data, and entirely transmitted, conveyed and received by wire, by radio, by optical means or by other electromagnetic means,
c) at the individual request of a recipient of services means that the service is provided through the transmission of data on individual request.
Examples of services that cannot be considered as information society services.

(Annex V of Directive 98/34/EC as amended by Directive 98/48/EC, page 8)
1. Services not provided "at a distance”
Services provided in the physical presence of the provider and the recipient, even if they involve the use of electronic devices:
a) medical examinations or treatment at a doctor's surgery using electronic equipment where the patient is physically present;
b) consultation of an electronic catalogue in a shop with the customer on site;
c) plane ticket reservation at a travel agency in the physical presence of the customer by means of a network of computers;
d) electronic games made available in a video—arcade where the customer is physically present.

2. Services not provided "by electronic means”
a) Services having material content even though provided via electronic devices:
1) automatic cash or ticket dispensing machines (banknotes, rail tickets);
2) access to road networks, car parks, etc., charging for use, even if there are electronic devices at the entrance/exit controlling access and/or ensuring correct payment is made,
b) off—line services: distribution of CD roms or software on diskettes,
c) services which are not provided via electronic processing/inventory systems:
1) voice telephony services;
2) telefax/telex services;
3) services provided via voice telephony or fax;
4) telephone/telefax consultation of a doctor;
5) telephone/telefax consultation of a lawyer;
6) telephone/telefax direct marketing.

3. Services not supplied "at the individual request of a recipient of services”
Services provided by transmitting data without individual demand for simultaneous reception by an unlimited number of individual receivers (point to multipoint transmission):
a) television broadcasting services (including near—video on—demand services), covered by point (a) of Article 1 of Directive 89/552/EEC;
b) radio broadcasting services;
c) (televised) teletext."

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So, to carry on with understanding Article 15….

Paragraph 1 states that “Member States shall provide publishers of press publications established in a Member State with the rights provided for in Article 2 and Article 3(2) of Directive 2001/29/EC for the online use of their press publications by information society service providers”.

So what's in Articles 2 and 3.2?

"(Article 2 2001/29/EC) Member States shall provide for the exclusive right to authorise or prohibit the making available to the public, by wire or wireless means and in any form, in whole or in part:
(a) for authors, of their works;
(b) for performers, of fixations of their performances;
(c) for phonogram producers, of their phonograms;
(d) for the producers of the first fixations of films, in respect of the original and copies of their films;
(e) for broadcasting organisations, of fixations of their broadcasts, whether those broadcasts are transmitted by wire or over the air, including by cable or satellite."

AND

"Article 3.2 2001/29/EC) Member States shall provide for the exclusive right to authorise or prohibit the making available to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them:
(a) for performers, of fixations of their performances;
(b) for phonogram producers, of their phonograms;
(c) for the producers of the first fixations of films, of the original and copies of their films;
(d) for broadcasting organisations, of fixations of their broadcasts, whether these broadcasts are transmitted by wire or over the air, including by cable or satellite."

So, both of the above are definitions of the exclusive rights granted to authors under 'copyright' and 'related rights' legislation.

This legislation (i.e. Article 2 and 3.2) dates from and is applicable from 2001.

Article 15 goes on to say that in terms of the Directive there are now specific exemptions for “hyperlinking” and "legitimate private and non-commercial use of press publications by individual users".

Namely (referring to Article 2 and 3.2 above)…

• The rights provided … shall not apply to private or non-commercial uses of press publications by individual users.
• The protection granted … shall not apply to acts of hyperlinking.
• The rights provided … shall not apply in respect of the use of individual words or very short extracts of a press publication.

Article 15 further adds…. (my emphasis is in bold)...

• The rights provided for in paragraph 1 shall leave intact and shall in no way affect any rights provided for in Union law to authors and other right holders, in respect of the works and other subject matter incorporated in a press publication.
• The rights provided for in paragraph 1 shall not be invoked against those authors and other right holders and, in particular, shall not deprive them of their right to exploit their works and other subject matter independently from the press publication in which they are incorporated.
• When a work or other subject matter is incorporated in a press publication on the basis of a non-exclusive licence, the rights provided for in paragraph 1 shall not be invoked to prohibit the use by other authorised users.
• The rights provided for in paragraph 1 shall not be invoked to prohibit the use of works or other subject matter for which protection has expired.
• The rights provided for in paragraph 1 shall expire two years after the press publication is published.
• That term shall be calculated from 1 January of the year following the date on which that press publication is published.
• Member States shall provide that authors of works incorporated in a press publication receive an appropriate share of the revenues that press publishers receive for the use of their press publications by information society service
  providers.

That's Article 15.

Put simply (but not 100% accurately otherwise it is a case of being long-winded again) Article 15 protects authors from an information society service (see definition above) using their material and in so doing breaching the author's various rights. It also ensures that authors receive an appropriate share of any revenues generated as a result of their work being used.

I hope (for those who are interested and got this far) that this helped a bit in clarifying the purpose of Article 15.

Article 17 is longer and (I think) more complex – I will cover this at a later stage when I can find a gap.

[Petestein]

Please, what is the purpose of publishing here such a long and tedious information? Is it only for Europe or also for here in America. I think very few people will take the time to read this, so I think it is a waste of time and effort.