The Digital Single Market and the EU Commission’s new copyright package

The digitisation of our society has brought about a Copernican revolution in the way creative content is produced, distributed and accessed. Many deem the existing copyright law framework to be outdated and ill-suited to the challenges set by digital technologies. The European Commission has set itself the task of adapting the existing EU copyright rules to the needs of modern-day society. On 14 September 2016, the Commission unveiled a set of proposals aimed at constructing a European copyright fit for the digital age.

In the course of the last few decades, technological developments have completely transformed our world. As a result of the digital revolution, many activities now take place through a computer and/or via the internet: the dissemination of news, the development and maintenance of social contacts, communication between researchers all over the world… but unfortunately also the illegal reproduction of copyrighted works. The search for a balance between the rights of copyright holders and the general public, invoking its right of access to information, has not yet led to a sustainable solution acceptable to all. Additional considerations, such as the need for cultural diversity and concerns for education and research, further complicate matters, leading to vigorous calls for the modernisation of copyright law.

The European Commission, led by Mr Jean-Claude Juncker, has heeded this call and has set itself the task of adapting the existing EU copyright rules to new consumer behaviour in a Europe which values its cultural diversity, whilst ensuring that authors, composers, artists, film makers and other creators receive recognition, payment and protection for their work.

Rallying itself behind the slogan “bringing down barriers to unlock online opportunities”, the Commission presented its Digital Single Market strategy on 6 May 2015, setting out 16 initiatives aimed at embracing the digital revolution and opening up digital opportunities for people and businesses – the goal of modernising and Europeanising copyright law being one of these 16.

Subsequently, the Commission set out its main ideas and long-term vision regarding copyright law in its Communication “Towards a modern, more European copyright framework”, dating from 9 December 2015. The Commission explained that it aims to enable the use of the full potential of digital technology and make sure that copyright remains a driver for creativity and investment.

A first step in this direction, taken on the same day, was the adoption of a Proposal for a Regulation on cross-border portability, aiming to ensure that subscribers to online content services may continue using them whilst temporarily present in another EU member state. On 26 May 2016, the Council agreed on a general approach on a draft regulation in this regard.

The Commission’s plan of copyright action, unveiled on 9 December 2015, consists of four complementary elements:

• Widening online access to content across the European Union;
• Adapting exceptions to copyright rules to a digital and cross-border environment;
• Creating a fair marketplace (with particular attention to the role of online intermediaries); and
• Strengthening the enforcement system.

On 14 September 2016, at the occasion of the State of the Union of President Juncker, the Commission brought forward a new set of proposals which are to bring EU copyright fully into the digital age. Included in this new set are Proposals for two new Regulations and two new Directives: (i) a Regulation on certain online transmissions of broadcasting organisations and retransmissions, (ii) a Directive on copyright in the Digital Single Market, and (iii and iv) a Regulation as well as a Directive facilitating access to copyrighted works for blind, visually impaired or otherwise print-disabled people.

Today’s new proposals show that the Commission’s Digital Single Market strategy, which constitutes one of the current Commission’s ten priorities, is still high on the European agenda.