Category Creative Commons

Advocate General considers German ancillary copyright law invalid   20/12/2018 by Tom Hirche

The many years of discussion and numerous court proceedings concerning the German ancillary copyright law for press publishers are likely to come to an abrupt end shortly. In his opinion, the Advocate General at the European Court of Justice declared the relevant provisions inapplicable. Read more

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No political consensus in 2018   17/12/2018 by Tom Hirche

The last trilogue negotiations for this year between representatives of European Parliament, European Commission and European Council took place last week. Again, an overall agreement could not be reached. Read more

"Other nations should be wary of following the EU’s lead on this particular initiative."   23/11/2018 by Tom Hirche

The European Commission, Council and Parliament are still negotiating the exact wording of an ancillary copyright for press publishers that will most likely be part of the upcoming EU Directive on copyright. If you have not yet heard about this new right or only a little and if you want to learn more about it, then Pamela Samuelson, who is the Richard M. Sherman Distinguished Professor of Law at Berkeley Law School, has just written the perfect article for you. Read more

Room for interpretations could lead to Spanish conditions   31/10/2018 by Tom Hirche

Representatives of the European Commission, the Council and the Parliament are currently negotiating a compromise solution for the new Copyright Directive. Unfortunately, it can be assumed to be certain that this Directive will contain an ancillary copyright for press publishers. However, the exact wording is not final yet. The devil is in the detail as the Parliament's proposal shows. Read more

The internet has lost   12/09/2018 by Tom Hirche

Today, the European Parliament held its second vote on copyright in the digital single market and it took the worst possible outcome. Amendments to delete article 11 altogether or to alter it into a rule of legal presumption were rejected by a large majority. Instead, MEP Axel Voss's latest proposal for an ancillary copyright for press publishers was adopted. The same goes for his proposal that aims to introduce upload filters in the EU. Read more

Voss still ignores criticism and does not move an inch   10/09/2018 by Tom Hirche

Although summer break has just ended, the next important vote at EU level is already coming up. Members of the European Parliament must agree on a common position on the proposed copyright reform. A key role here is played by MEP Axel Voss (EPP, Germany), rapporteur on the JURI Committee, who despite all criticism is unwilling to back away from his proposal. Read more

Introduction of Ancillary Copyright for Press Publishers now a "Question of Life and Death"   31/08/2018 by Tom Hirche

Before the summer break in Brussels and Strasburg had officially ended, members of the European Parliament got hit by the latest lobbying campaign by press agencies and publishers. With blatant lies and twisted truths they once again called on MEPs to support the widely discussed ancillary copyright for press publishers. Supporting arguments based on actual facts are absent just like they have been in the past. Read more

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Svoboda on link tax: "I do not see any positive consequences for anyone"   07/08/2018 by Tom Hirche

In July 2017, the European People's Party (EPP) had adopted a joint position that fully endorses the Commission's plan for the introduction of an ancillary copyright for press publishers (link tax). But this has not changed the fact that party members are against this new right and actively try to prevent it. With MEP Svoboda, a very influential one has publicly renewed his criticism. Read more

JURI report gets rejected by EP majority   05/07/2018 by Tom Hirche

It was only two weeks ago, when the JURI Committee had finally adopted its report on the upcoming copyright reform. Today, it was rejected by the majority of the European Parliament that withdrew MEP Axel Voss's negotiation mandate. An important step on the way to prevent the EU from causing severe damage to the free flow of information. Read more

JURI supports link tax but plenary can still fix copyright   21/06/2018 by Tom Hirche

Last Wednesday on June 20, the European Parliament Committee on Legal Affairs (JURI) voted on the Commission's proposal for a new copyright directive. Unfortunately, the ancillary copyright for press publishers as stipulated in article 11 was adopted with only little suggested changes. But it looks like this has not been the final vote yet. Read more

JURI has adopted link tax   20/06/2018 by Tom Hirche

Today at 10:48, the JURI Committee of the European Parliament has adopted the compromise amendment of rapporteur MEP Axel Voss (EPP, Germany) concerning article 11 with a 13:12 majority. All amendments calling for its deletion have thus been rejected. Now there is only the plenary of the European Parliament that has the power to overturn the plan of introducing an EU-wide ancillary copyright for press publishers. The fight for a free internet is not over!

Sascha Lobo: "Such a nonsense law"   19/06/2018 by redaktion

With the ancillary copyright, some publishers want to get a digital money printing machine from politicians – soon also at the EU level. How did we come to this? Read more

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Take a minute to #SaveYourInternet   12/06/2018 by Tom Hirche

In eight days, the Legal Affairs Committee will finally vote on its compromise amendment for the upcoming copyright directive. This will be followed by the whole plenum of the European Parliament voting on a common position. Your and everybody else's internet freedom is at stake. Act now, get in touch with your MEP and #SaveYourInternet. Read more

German government is intentionally stalling evaluation process to prevent evidence against publishers' right   11/06/2018 by Tom Hirche

It was on 1 August 2013 when the ancillary copyright for press publishers became effective in Germany. Nearly five years have passed by since then with the promised evaluation of one of the worst laws of the recent past still yet to come. But the German government is intentionally stalling the process. Read more

Over 100 MEPs sign an open letter against introduction of link tax   07/06/2018 by Tom Hirche

Today, a total of 104 Members of the European Parliament (MEPs) from across the political groups published an open letter addressing MEP Axel Voss (EPP, Germany) who is the lead Rapporteur on the Directive on Copyright in the Digital Single Market for the Legal Affairs (JURI) Committee. Read more

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Member States agree on implementation of link tax   29/05/2018 by Tom Hirche

After months of discussions, the Committee of Permanent Representatives of the Council (COREPER) has agreed its common position on the text for the upcoming Directive on Copyright in the Digital Single Market. This position will serve as a negotiating mandate for the Presidency of the Council of the European Union. Despite all warnings, this mandate also allows for the introduction of an ancillary copyright for press publishers aka the link tax. Read more

Voss's changes can not cure the rotten root   17/05/2018 by Tom Hirche

The rapporteur of the Legal Affairs Committee (JURI) of the European Parliament, MEP Axel Voss (EPP, Germany) has updated his draft compromise amendment for Article 11, the ancillary copyright for press publishers, pushing for a vote next month. Although the proposed text is now less extreme compared to the first version from seven weeks ago, it fails to tackle the real problem. Read more

Open letter: "The EU Copyright Directive is failing" and should be stopped   26/04/2018 by Tom Hirche

Another open letter has been sent to the members of the European Parliament, this time by academics from 25 leading intellectual property research centres in Europe. They request them to stop the legislation process altogether if it continues to progress in the form proposed by the recent drafts of the Bulgarian Presidency and JURI rapporteur Voss. Read more

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Nearly 170 academics warn against ancillary copyright for press publishers   25/04/2018 by Tom Hirche

Another open letter calling for the deletion of Art. 11 of the proposed DSM directive has been sent out to the members of the European Parliament today. It was signed by not less than 169 scholars (and counting) from all over Europe of whom 100 are full professors. Read more

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Open letter: 59 organisations encourage Axel Voss to delete ancillary copyright from the DSM directive   19/04/2018 by Tom Hirche

In a couple of weeks, the Legal Committee of the European Parliament (JURI) will release its opinion on the EU Commission’s proposal for a new copyright directive. The responsible rapporteur MEP Axel Voss (EPP, Germany) is currently making his final conversations with the shadow rapporteurs of the other political groups. For this very reason, together with Communia and OpenMedia/Safe-the-Link, we have sent out an open letter that was co-signed by 56 further organisations. Read more