On 14 September 2016 the European Commission published draft legislation aimed at modernising the European copyright framework. This legislation includes:
- a draft Regulation and Directive implementing the Marrakesh Treaty for the benefit of visually impaired people. This is intended to ensure that people who are visually impaired or otherwise print disabled are better able to access copyright content in accessible formats
- a draft Regulation on the exercise of copyright and related rights in certain online transmissions by broadcasting organisations and retransmissions of television and radio programmes
- a draft copyright Directive covering a range of measures aimed at
(i) adapting exceptions and limitations to the digital and cross-border environment
(ii) ensuring wider access to copyright content
(iii) achieving a well-functioning marketplace for copyright
The Commission press release: has said:
“Digital technologies are changing the way music, films, TV, radio, books and the press are produced, distributed and accessed. New online services such as music streaming, video-on-demand platforms and news aggregators have become very popular, while consumers increasingly expect to access cultural content on the move and across borders. The new digital landscape will create opportunities for European creators as long as the rules offer legal certainty and clarity to all players. As a key part of its Digital Single Market strategy, the Commission has adopted proposals today to allow:
- better choice and access to content online and across borders
- improved copyright rules on education, research, cultural heritage and inclusion of disabled people
- fairer and sustainable marketplace for creators, the creative industries and the press”
The government is seeking views on the draft legislation to ensure that it delivers the best outcomes for all those affected by the measures. We would welcome your views on the costs and benefits of these proposals, and suggestions for how the language of the proposed legislation can be improved. We would also welcome views on the possible impacts the legislation may have in light of the UK’s planned exit from the European Union.
Any views should be supported by evidence that is open and transparent in its approach and methodology. The Intellectual Property Office has published a Guide to Evidence for Policy which lays out the Government’s aspiration that evidence used to inform public policy is clear, verifiable and able to be peer-reviewed.