Yas, JURI adopted the one you marked [1], their compromise version (or "compromise” as it doesn’t include any substantial departure from the EC version).
Best, Anna Anna Mazgal EU Policy Advisor Wikimedia [email protected] @a2na mobile: +32 487 222 945 51 Rue du Trône BE-1050 Brussels > Wiadomość napisana przez Matthias Smed Larsen <[email protected]> w dniu > 02.07.2018, o godz. 18:02: > > Just to be clear, did JURI adopt this one[1] or this one[2]? From what I can > see they adopted the "bad one"[1], correct? Thank you for your help Anna :) > [1]: > https://www.communia-association.org/wp-content/uploads/2018/05/180523art13_ep.png > > <https://www.communia-association.org/wp-content/uploads/2018/05/180523art13_ep.png> > [2]: > https://www.communia-association.org/wp-content/uploads/2018/05/art13_imco-768x972.png > > <https://www.communia-association.org/wp-content/uploads/2018/05/art13_imco-768x972.png> > Mvh. > Matthias Smed Larsen > Den 02-07-2018 kl. 17:43 skrev Anna Mazgal: >> Hi Matthias, >> >> please see the infographics in this post[1] by Communia Association on ow >> this will exactly work. The post describes the compromise presented by >> Rapporteur Voss that has been adopted as the text of Article 13 at the vote >> on June 20th. >> >> best, >> >> Anna >> >> [1]https://www.communia-association.org/2018/05/29/alternative-version-artcile-13-european-parliament-support/ >> >> <https://www.communia-association.org/2018/05/29/alternative-version-artcile-13-european-parliament-support/> >> >> >> On 02.07.2018 16:57, Matthias Smed Larsen wrote: >>> Q: Would it be a correct characterization that a provider who doesn't want >>> to use upload filters would have to make deals with copyright collectives >>> in every single member state? >>> Mvh. >>> Matthias Smed Larsen >>> Den 02-07-2018 kl. 11:29 skrev Dimitar Parvanov Dimitrov: >>>> tl;dr >>>> This time we will call it a “EU copyright reform special”, so prepare to >>>> read a single-issue report. >>>> >>>> This and past reports: https://meta.wikimedia.org/wiki/EU_policy/Monitor >>>> <https://meta.wikimedia.org/wiki/EU_policy/Monitor> >>>> >>>> === >>>> What the JURI Committee Adopted: It took the secretariat of the Legal >>>> Affairs committee a while to circulate a consolidated text on what was >>>> exactly adopted. There has been an erratum on Article 11, paragraph 4, but >>>> the text is pretty much available now. See - [1] >>>> --- >>>> Article 13: Article 13 changes the liability regime for most online >>>> platforms allowing users to upload content by requiring them to sign deals >>>> with any requesting rightholders. Else, the online platforms must take >>>> measures to assure the non-availability of infringing content. The result >>>> of all this is that platforms are directly liable for their users. >>>> --- >>>> Wikimedia carve-out for Article 13: Article 2, paragraph 1, point 4b >>>> defines who falls under the new liability regime. It is sloppily written, >>>> but says “Services acting in a non-commercial purpose capacity such as >>>> online encyclopaedia”. We don’t think only Wikipedia is exempted, as >>>> "online encyclopaedia" is only an example (“such as”). A bit of an >>>> uncertainty is cause the use of the term “services” rather than >>>> “platforms”. But this way GitHub, that has a non-commercial code sharing >>>> service on a platform that also offers commercial products, can probably >>>> also benefit. The issue with this is, of course, that Wikimedia and GitHub >>>> were simply loud enough in Brussels and thousands of services are probably >>>> being forgotten. >>>> --- >>>> Article 11: This article requires Member States (and by extension EFTA >>>> countries) to establish a new neighbouring right for press publishers that >>>> lasts for 20 years. So 32 new parallel neighbouring rights on the >>>> internet. <sarcasm>Yey!</sarcasm> The idea is that news publishers should >>>> be able to control the previews shown of their articles online and demand >>>> remuneration for it. In order to appease some of the criticism the >>>> committee tried to cushion the text by saying that the new right “shall >>>> not prevent legitimate private and non-commercial use of press >>>> publications by individual users” and “shall not extend to acts of >>>> hyperlinking”. Both don't go a terribly long way to appease the masses. We >>>> have had the discussion in the past about sharing a photo of the Atomium >>>> on Twitter - commercial or non-commercial? Probably commercial. Also, the >>>> EU Court of Justice jurisprudence is quite unclear about what a link >>>> constitutes. Only alphanumeric bit.ly <http://bit.ly/> like links, or can >>>> it contain the title of the article? Either way, bibliographies or further >>>> reading lists of recent news publications are covered and would require >>>> licensing. >>>> --- >>>> (Some) public domain safeguarding: In Article 5 we did manage to get in a >>>> very limited (Cavada!) public domain safeguard that reads as follows: >>>> >>>> Member States shall ensure that any material resulting from an act of >>>> reproduction of material in the public domain shall not be subject to >>>> copyright or related rights, provided that such reproduction is a faithful >>>> reproduction for purposes of preservation of the original material. >>>> >>>> As you may imagine, we were trying to fix or remove the part after the >>>> comma. In the end this half sentence is quite unclear and five lawyers are >>>> telling us five different things about what it would mean. This is >>>> something to grind down during trilogue, but even so, it at least should >>>> solve the Museo Thyssen-Bornemisza copyright claims on medieval art. [2] >>>> --- >>>> No new exceptions: The user-generated content exception was voted down, >>>> although the MEPs, in a demonstration of them not knowing what they are >>>> doing at least some of the time, adopted its recitals. So was the Freedom >>>> of Panorama exception. So no news here. >>>> --- >>>> More rights for rightsholders: To emphasise the point, the the committee >>>> majority was solidly on the side of new exclusive rights but no new >>>> exceptions, it adopted some goodies for sports events organisers: >>>> >>>> Article 12 a Protection of sport event organizers >>>> Member States shall provide sport event organizers with the rights >>>> provided for inArticle 2 and Article 3 (2) of Directive2001/29/EC and >>>> Article 7 of Directive2006/115/EC. >>>> >>>> And a licensing requirement for image searches: >>>> >>>> Member States shall ensure that information society service providers that >>>> automatically reproduce or refer to significant amounts of >>>> copyright-protected >>>> visual works and make them available to the public for the purpose of >>>> indexing and >>>> referencing conclude fair and balanced licensing agreements with any >>>> requesting >>>> rightholders in order to ensure their fair remuneration. >>>> >>>> === >>>> Procedure & next steps: So the Legal Affairs committee adopted a text and >>>> wants to start negotiating with the Council on the final version >>>> (trilogue). But here’s how things will go. >>>> --- >>>> 5 July Vote: On Thursday the JURI mandate will be challenged in plenary. >>>> One tenth of MEPs can challenge pretty much any decision in plenary. This >>>> will happen and a vote will be held. All 750 members will vote and a >>>> simple majority is enough. >>>> --- >>>> If the mandate is confirmed: In this case trilogue meetings will be held >>>> beginning in September. At these meetings representatives of the >>>> Commission, the Council Presidency and the European Parliament (rapporteur >>>> and shadow-rapporteurs) will be hammering out the final wording. Seen the >>>> JURI committee text and the Council text are already quite compatible, no >>>> major changes can be expected. >>>> --- >>>> If the mandate is rejected: Then the text will be re-opened in September >>>> (most likely) in plenary and it will be possible to table and vote on >>>> amendments. We would need 10% of the Parliament, so 75 members, to propose >>>> an amendment. >>>> --- >>>> Final Vote: Regardless of the path taken, a final vote in both chambers >>>> (Council and Parliament) will need to be held to adopt the Directive text >>>> finalised in trilogue. This is expected to happen December/January. If it >>>> takes longer than this, we’ll be getting very close to elections and risk >>>> not finishing the reform within this legislature (can be bad or good). >>>> === >>>> Wikimedia actions: In the past years and months, but more notably in the >>>> past days several Wikimedia actions have been organised to prepare for the >>>> 5 July vote and voice our issues. Here is a selection: >>>> --- >>>> Press Conference in Vienna: Katherine Maher (WMF), Claudia Garád (WMAT), >>>> Dimi (FKAGEU) and Thomas Lohninger (epicenter.works) organised a press >>>> conference on Friday to mark the beginning of the Austrian Presidency and >>>> to get the national press up to speed on copyright. [3] >>>> --- >>>> Banner on Italian Wikipedia: Italian Wikipedia has decided to run a >>>> banner. [4] See it here [5] >>>> --- >>>> Banner on English Wikipedia: It looks like the English Wikipedia will run >>>> a somewhat neutrally worded banner on Tuesday. [6] >>>> --- >>>> Statement by the Wikimedia Foundation board and the General Legal Council: >>>> The board of trustees of the Wikimedia Foundation has unanimously adopted >>>> a statement on the EU copyright package, saying that it contradicts our >>>> vision and calls for rejection of a mandate based on the current text. [7] >>>> Meanwhile Eileen Hershenov explains how the proposed text will hurt the >>>> web and Wikipedia. [8] >>>> --- >>>> Vote in Strasbourg: Expected on Thursday before noon. Three Wikimedians >>>> will be inside the building in the days ahead in order to meet MEPs and >>>> staff to deliver last arguments. >>>> === >>>> What our opponents are saying: Always important to keep an eye on the >>>> opposition. >>>> --- >>>> Voss: The rapporteur is saying himself that he is unsure about how the >>>> plenary vote will go. [9] He is even publicly stating that parts of his >>>> own group won’t support him. This is astonishing for the EPP group, the >>>> parliament’s largest and most disciplined one. It could, however, also be >>>> a way to rally the troops. >>>> --- >>>> Crying #FakeNews: Meanwhile collecting societies and rightholder groups >>>> have taken to Twitter and personal meetings to say that upload filters >>>> aren’t part of the text, while explaining that upload filters are already >>>> deployed and thus not scary. Ah, and to say that all the opposition to >>>> Article 13 is essentially “fake news”. [9][10] >>>> --- >>>> Cultural organisations and their ministries: When the Berlin Philharmonic >>>> starts supporting Article 13 publicly, you know we got ourselves a big >>>> policy brawl. [11] Meanwhile in Austria, all political groups had stated >>>> that they would vote against the mandate. Then their Minister of Culture >>>> sent around a letter to MEPs urging them to support it. Now the Austrian >>>> EPP position seems a bit more shaky than last week. >>>> --- >>>> And the Ministries: >>>> >>>> === >>>> [1]http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-%2f%2fEP%2f%2fTEXT%2bREPORT%2bA8-2018-0245%2b0%2bDOC%2bXML%2bV0%2f%2fEN&language=EN >>>> >>>> <http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-%2f%2fEP%2f%2fTEXT%2bREPORT%2bA8-2018-0245%2b0%2bDOC%2bXML%2bV0%2f%2fEN&language=EN> >>>> [2]https://www.museothyssen.org/en/collection/artists/duccio-di-buoninsegna/christ-and-samaritan-woman >>>> >>>> <https://www.museothyssen.org/en/collection/artists/duccio-di-buoninsegna/christ-and-samaritan-woman> >>>> [3]https://derstandard.at/2000082513446/Bundesregierung-wirbt-trotz-FPOe-Kritik-fuer-EU-Urheberrechtsreform >>>> >>>> <https://derstandard.at/2000082513446/Bundesregierung-wirbt-trotz-FPOe-Kritik-fuer-EU-Urheberrechtsreform> >>>> [4]https://it.wikipedia.org/wiki/Wikipedia:Bar/Discussioni/L%27Unione_Europea,_il_copyright_e_il_sapere_libero#Discussione >>>> >>>> <https://it.wikipedia.org/wiki/Wikipedia:Bar/Discussioni/L%27Unione_Europea,_il_copyright_e_il_sapere_libero#Discussione> >>>> [5]https://meta.wikimedia.org/w/index.php?banner=EU_Copyright_Directive_ItalianWP&uselang=it&force=1 >>>> >>>> <https://meta.wikimedia.org/w/index.php?banner=EU_Copyright_Directive_ItalianWP&uselang=it&force=1> >>>> [6]https://en.wikipedia.org/wiki/Wikipedia:Village_pump_(proposals)#Proposals_for_wording_of_a_neutral_banner >>>> >>>> <https://en.wikipedia.org/wiki/Wikipedia:Village_pump_%28proposals%29#Proposals_for_wording_of_a_neutral_banner> >>>> [7]https://meta.wikimedia.org/wiki/EU_policy/Wikimedia_Foundation_Board_of_Trustees_Statement_Opposing_the_EU_Copyright_Package >>>> >>>> <https://meta.wikimedia.org/wiki/EU_policy/Wikimedia_Foundation_Board_of_Trustees_Statement_Opposing_the_EU_Copyright_Package> >>>> [8]https://blog.wikimedia.org/2018/06/29/eu-copyright-proposal-will-hurt-web-wikipedia/ >>>> >>>> <https://blog.wikimedia.org/2018/06/29/eu-copyright-proposal-will-hurt-web-wikipedia/> >>>> [9]https://twitter.com/LauKaya/status/1012247706033672192 >>>> <https://twitter.com/LauKaya/status/1012247706033672192> >>>> [10]https://twitter.com/cepic_sf/status/1008642206423502849 >>>> <https://twitter.com/cepic_sf/status/1008642206423502849> >>>> [11]https://twitter.com/DanielsEuroSky/status/1005149480772096001 >>>> <https://twitter.com/DanielsEuroSky/status/1005149480772096001> >>>> [12]https://twitter.com/michelreimon/status/1012705058184556548 >>>> <https://twitter.com/michelreimon/status/1012705058184556548> >>>> >>>> >>>> <http://www.avg.com/email-signature?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=emailclient> >>>> Virus-free. www.avg.com >>>> <http://www.avg.com/email-signature?utm_medium=email&utm_source=link&utm_campaign=sig-email&utm_content=emailclient> >>>> <x-msg://3/#DAB4FAD8-2DD7-40BB-A1B8-4E2AA1F9FDF2> >>>> >>>> _______________________________________________ >>>> Publicpolicy mailing list >>>> [email protected] <mailto:[email protected]> >>>> https://lists.wikimedia.org/mailman/listinfo/publicpolicy >>>> <https://lists.wikimedia.org/mailman/listinfo/publicpolicy> >>> >>> >>> >>> _______________________________________________ >>> Publicpolicy mailing list >>> [email protected] <mailto:[email protected]> >>> https://lists.wikimedia.org/mailman/listinfo/publicpolicy >>> <https://lists.wikimedia.org/mailman/listinfo/publicpolicy> >> >> -- >> Anna Mazgal >> EU Policy Advisor >> Wikimedia >> [email protected] <mailto:[email protected]> >> @a2na >> mobile: +32 487 222 945 >> 51 Rue du Trône >> BE-1050 Brussels >> >> >> _______________________________________________ >> Publicpolicy mailing list >> [email protected] <mailto:[email protected]> >> https://lists.wikimedia.org/mailman/listinfo/publicpolicy >> <https://lists.wikimedia.org/mailman/listinfo/publicpolicy> > > _______________________________________________ > Publicpolicy mailing list > [email protected] > https://lists.wikimedia.org/mailman/listinfo/publicpolicy
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