On 5 December 2013, the European Commission launched a public consultation inviting stakeholders to share their views on the possible reform of EU copyright (the "Consultation"). The European Commission is currently reviewing the EU copyright regulatory framework with a view to tabling reform proposals that seek to modernise the EU copyright legislative framework. The European Commission wishes to ensure that the system of rights, limitations to rights and enforcement of these rights are adapted to the new digital environment.
The Consultation will address a number of copyright related issues. In particular, the European Commission notes that current copyright rules in the EU are territorial in the sense that these rights are acquired and enforced on a country-by-country basis under national law. Because of the territoriality of copyright, problems appear to persist with the cross-border provision of and access to online services. The European Commission is wondering whether it would be useful to pursue the establishment of a unified EU Copyright Title that would replace national laws. Different national rules on copyright limitations and exceptions may pose problems as well. Copyright limitations and exceptions allow the use of protected works without obtaining authorisation from the copyright holders. The territoriality of copyright limitations and exceptions means that an act that is covered by an exception in one member state, may not qualify for an exception in another member state. A higher level of harmonisation of such limitations and exceptions may therefore be required.
Additionally, the European Commission is considering introducing a system of copyright registration.
In relation to copyright enforcement, the European Commission raises the question whether the current enforcement measures are still sufficient to deal with the new challenges brought by the dissemination of digital content on the internet. Finally, there are concerns about the current balance between enforcement of copyright and the protection of fundamental rights, in particular the right to a private life and data protection.
The Consultation is open for all stakeholders until 5 February 2014 and can be accessed here: http://ec.europa.eu/internal_market/consultations/2013/copyright-rules/index_en.htm.
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