1. Working group on Copyright Jonas Holm Legal counsel, Stockholm University e-mail: jonas.holm@su.se

2. Copyright characteristics  Economic Rights: the exclusive right to..  Produce copies and reproductions  Import or export the work  Create derivative works  Perform/display the work publicly  Display/transmit by TV and radio  Sell, license or transfer these right to others  Moral rights: included in civil law and some common law jurisdictions  Right of attribution  Right to the integrity of the work  Sui generis right:  Database protection

3. The Berne Convention  Require its signatories to recognize the copyright in works of authors from other signatory states  States minimum protection terms  Includes moral rights  Fair use  Three-step-test: 1) Signatory countries can permit exceptions for reproduction 2) Provided such reproduction don’t interfere with the normal exploitation 3) And does not unreasonably prejudice the legitimate interests of the authors

4. The EU Legal Framework on Copyright  Satellite and cable directive 1993  Database directive 1996  Infosoc directive 2001  Directive on the resale right 2001  Directive on the enforcement of intellectual property rights 2004  Directive on rental and lending rights 2006 (modified)  Directive on the legal protection of computer programs 2009 (modified)  Directive on term of protection 2011  MoU on Out-of-commerce works 2011  Orphan works directive 2012  Directive on collective management of copyright 2014

5. Database directive 1996  Contains legal protection for databases  As database is defined in the directive  Database creators will receive a protection similar to copyright  This is called a sui generis right  Such protection is a barrier to Text and Data Mining (TDM)  The database protection is specific to the EU and is a competitive disadvantage for EU researchers

6. Infosoc directive 2001 (aka Copyright directive)  Definitions of the exclusive rights granted under copyright  Contains a number of exceptions to copyright and related rights:  Reproduction for private use  Reproduction by libraries (non-commercial)  Illustration for teaching and scientific research  Use for criticism and review  Use for non-commercial research  However, these exceptions are not mandatory, and the implementation varies greatly amongst member states

7. Memorandum of Understanding (MoU) on Out-of-commerce works 2011  Result of stakeholder dialogue  Key principles on Digitisation and Making Available of Out- of-commerce works  Meant to be a blueprint to licensing schemes between stakeholders  Should make easier the digitisation of works that are in copyright but no longer in print on the market

8. Orphan works directive 2012  Allows certain uses of copyright-protected orphan works  Rules for identifying orphan works (books, journals, magazines, newspapers)  If a diligent search does not find the right-holder, the work acquires orphan work status in the entire union  Material identified as having orphan work status can be digitised by libraries.

9. Working group members Jonas Holm, University of Stockholm, Sweden (Chair) Jean-Claude Albertin, BCU Lausanne, Switzerland Paul Ayris, UCL, UK Pekka Heikkinen, National Library of Finland Ignasi Labastida, University of Barcelona, Spain Susan Reilly, LIBER Gerald Spindler, University of Goettingen, Germany Barbara Szczepańska, Poznan Foundation of Scientific Libraries, Poland Ben White, British Library, UK Andreas Wiebe, University of Goettingen, Germany Uldis Zarins, National Library of Latvia

10. The Working group so far  Response to the Commission’s Copyright Consultation 2014  LIBER wants a copyright exception for Text- and Data Mining (TDM) that does not differentiate between commercial and non-commercial use  Copyright exceptions should not be over-ridden by contracts or technical protection measures  We call for cross-border solutions for access  Licensing is not enough!  Feb 2015 – Kristiina Hormia-Poutanen met with Commissioner Oettinger  Susan Reilly and Jonas Holm met with DG Connect Copyright Unit (Maria Martin Prat, Giorgio Mongiat, Jaime De Mendoza-Fernandez, Virginie Fossoul, Sarah Jacquier)

11. Upcoming EU Copyright reform work  Copyright consultation 2014  Impact assessment in May 2015  Proposal expected in October?

12. The Reda report on the implementation of the Infosoc directive  Single European Copyright Title  Harmonise terms of protection to Berne minimum  Equal treatment of digital/analogue in the exceptions  Make mandatory all existing exceptions in Infosoc  TDM exception for all purposes  Hyperlinking should not be protected by copyright  Permit E-book loans  Expected to go on vote in European Parliaments JURI committee in April.

13. Solutions  Copyright exceptions (Infosoc directive, new directive?)  (Licensing)  Re-definition of the reproduction right (would require a legal instrument)  Open Norm - Fair Use? Fair Dealing? - The Lisbon Treaty, Article 118, opens for a Single European Copyright Title (similar to patents)

14. The Way Forward?  Key Messages  The Hague Declaration for Knowledge Discovery - Seeking key allies  Launch/signing workshop in Brussels with MEP’s  Continue the dialogue with DG Connect  Cooperation with EBLIDA and IFLA  Workshop at LIBER 2015 Conference