EU Digital Regulation Versus Copyright: A Way to Reconcile Digital Economy and Copyright?

Abstract [eng]

In September 2016, the European Commission presented a proposal for a Directive on copyright in the Digital Single Market, part of a package that also includes the transposition into European law of the Marrakesh Treaty and its effects on the European Union’s relations with third countries, as well as the regulation on online transmissions of broadcasting organisations. The copyright directive is of major importance in the context of digital regulation as it proposes a new related right for press publishers and a new mechanism aiming to give rightholders better control over the use and remuneration of their works on Internet. The proposal also narrows the liability exemption under the e-commerce directive, which has given platforms that provide access to protected works a way out of concluding licensing agreements with rightholders. The draft directive proposes three exceptions to copyright to reinforce digital use in education, protection of the cultural heritage and text-and-data mining. The aim of this paper is to present and to comment on the copyright directive and offer an overview of the opinions that are starting to emerge among different stakeholders.