Thanks for the clarification. This is important. 2018-04-30 22:08 GMT+02:00 Pierre-Yves Beaudouin < [email protected]>:
> > > 2018-04-30 10:54 GMT+02:00 Dimitar Parvanov Dimitrov < > [email protected]>: > >> tl;dr >> The Council of the EU failed to reach a decision on copyright reform last >> Friday, meaning bickering between Member States will continue well into >> May. Meanwhile the Parliament is making timid progress towards a committee >> vote still scheduled on 21 June. >> >> >> This and past reports: https://meta.wikimedia.org/wiki/EU_policy/Monitor >> >> === >> Copyright Reform >> >> --- >> >> The Council: COREPER I is a body made up of the deputy heads of missions >> of EU Member States. [1] A legislative file is usually put forward to this >> body when the attachés (technical experts) have reached a compromise and >> majority support seems ensured. The Bulgarian Presidency believed it had >> such a compromise capable to secure a majority and referred it to COREPER >> I. [2] There, it was discussed last Friday only to the rejected. Regardless >> of the positive spin the Bulgarian Presidency is trying put on it [3], this >> is a pretty embarrassing situation for them. >> >> --- >> >> So what? Had the proposal been accepted, the negotiations in Council >> between the Member States would have come to a halt waiting for the >> Parliament position. The compromise proposal put forward by Bulgaria was >> not good, to say the least. It essentially does prescribe ex-ante >> take-downs (so potential deletions of content before it even appears on >> sites) of user uploaded content that is deemed as infringing by >> rightsholders. And while there is a carve-out for an “online encyclopedia” >> (Guess who they mean!), the situation with Wikimedia Commons and open >> source code sharing platforms remained very unclear. The situation buys us >> some time to motivate some Member States, most importantly Germany, to >> update their position. Belgium and the Netherlands are the two countries >> still vocally standing up for user rights and facing off a large group of >> states demanding upload filters, which is lead by France. Big guns would be >> needed to stop them. >> >> --- >> >> European Parliament: Some bits of the current text in the European >> Parliament look better than in the Council, but we still cannot be contempt >> with it. It seems that the the rapporteur Axel Voss is prioritising Article >> 11 (ancillary copyright for press publishers) to Article 13 (upload >> filters). We are especially worried the potential for an ex-ante filtering >> provision, as in the Council. Other than that, the educational exception >> seems to be a done deal, while safeguarding the public domain, freedom of >> panorama, text and data mining and out-of-commerce works are still question >> marks. >> >> --- >> >> Next steps: This week the EP is kicking off a new round of discussions >> with a technical meeting (experts and legal advisors working on the Legal >> Affairs Committee) on Wednesday. We are bracing for one to two negotiation >> rounds each week and daily tactical manoeuvring on all sides until at least >> the end of June. >> >> === >> >> Revision of the Public Sector Information Directive proposed >> >> --- >> >> First run through: The European Commission proposed a revision of the >> PSI Directive last week. [4] The main goal is to broaden the current text >> by opening up transportation data (including private companies that run >> concession on behalf of public bodies), scientific data and to limit the >> situations in which public bodies can demand payment for giving access to >> data, documents and information. Skimming the proposal we see some very >> positive changes, albeit we would have wished for a more ambitious text. >> >> --- >> >> Particularly interesting: Article 5 (4) says “Public sector bodies and >> public undertakings shall make dynamic data available for re-use >> immediately after collection, via suitable Application Programming >> Interfaces (APIs).”, which is a great opportunity and of particular >> interest to data applications. The issue with the Directive is the still >> many carve-outs and exceptions to the rule. But this is one of the rare >> times where we are starting with a “rather OK” Commission proposal and have >> the chance to get something positive in the end without risking to worsen >> our situation. >> >> === >> >> French Jurisprudence: Chambord vs. Kronenbourg >> >> --- >> >> Beer vs. castle: Chambord is a 16 century French castle owned by the >> public. Kronenbourg is a popular French beer brand. The brewery used an >> image of the former in an advertising campaign. The authority maintaining >> the castle claimed that this was unauthorised use of images of the castle >> and demanded indemnities. The court disagreed. [5] This is a ruling we >> appreciate, as we are of the opinion that public domain works should be >> free for re-use by all. >> >> What is allowed in France? The legal situation in France remains >> complicated. In 2016 a French law established a new image right on national >> cultural heritage sites. [6] Wikimédia France and La Quadrature du Net >> petitioned the constitutional court claiming that this image right >> unlawfully restricts the public domain. [7] While this was rejected [8], it >> seems that the new decision in the Chambord case actually goes in the >> direction of the claim made by WMFR and LQDN. >> > > Chambord lost because the new law is not retroactive. The new law was > adopted because Chambord was losing all the trials against Kronenbourg. > > > > >> >> [1]https://en.wikipedia.org/wiki/Committee_of_Permanent_Representatives >> >> [2]https://www.parlament.gv.at/PAKT/EU/XXVI/EU/01/86/EU_1866 >> 8/imfname_10803001.pdf >> >> [3]https://twitter.com/zlateea/status/989838220740517888 >> >> [4]https://ec.europa.eu/digital-single-market/en/news/propos >> al-revision-directive-200398ec-reuse-public-sector-information >> >> [5]https://www.lanouvellerepublique.fr/loir-et-cher/commune/ >> chambord/chambord-perd-son-action-en-justice-contre-kronenbourg >> >> [6]https://fr.wikipedia.org/wiki/Loi_relative_%C3%A0_la_libe >> rt%C3%A9_de_la_cr%C3%A9ation,_%C3%A0_l%27architecture_et_au_patrimoine >> >> [7]https://www.laquadrature.net/fr/Wikimedia-La-Quadrature- >> domaine-public-Conseil-constitutionnel%20 >> >> [8]http://www.conseil-constitutionnel.fr/conseil-constitutio >> nnel/root/bank/download/2017687QPC2017687qpc_ccc.pdf >> >> >> _______________________________________________ >> Publicpolicy mailing list >> [email protected] >> https://lists.wikimedia.org/mailman/listinfo/publicpolicy >> >> > > _______________________________________________ > Publicpolicy mailing list > [email protected] > https://lists.wikimedia.org/mailman/listinfo/publicpolicy > >
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