COMMUNIA Association - Policy recommendations

The term of copyright protection should be reduced.

Paul Keller — Wed, 20 Apr 2022 20:01:51 +0000

Copyright's excessive length and lack of formalities makes it harder to access our shared knowledge and culture. There is no evidence that copyright protection that extends decades beyond the life of the creator encourages the production of copyright protected works. Instead, the requirement to obtain permission for the use of works by creators that have long since died is one of the biggest obstacles to providing universal access to our shared culture and knowledge. Given the above, the term of copyright protection should be reduced.

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Full copyright protection should only be granted to works that have been registered by their authors.

Paul Keller — Wed, 20 Apr 2022 20:04:44 +0000

Unregistered works should only get moral rights protection, in order to prevent unnecessary and unwanted protection of works. To encourage the use of registration systems, any legal mechanism intended to strengthen copyright protection beyond what is required in binding international treaties (such as additional terms of protection, additional rights or additional enforcement mechanisms) should be made conditional on registration. In addition, there should be an easy, legally recognized way to dedicate works to the Public Domain at all stages of their life.

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Works and data produced by the public sector should be in the Public Domain.

Paul Keller — Wed, 20 Apr 2022 20:05:24 +0000

Works and data produced by the public sector (such as official texts of a legislative, administrative, or legal nature) are part of an essential commons of information which is too important for the functioning of our societies to be burdened with copyright restrictions even for a limited period. To ensure a consistent and harmonised scope of the Public Domain, Europe needs to ensure that these materials are free from exclusive rights in all Member States.

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Legislative power to reduce the Public Domain should be constrained.

Paul Keller — Wed, 20 Apr 2022 20:05:58 +0000

The introduction of new exclusive rights should be conditioned on strict criteria based on the principle of proportionality and clear economic evidence. Should there be a clearly demonstrated need for a new exclusive right or the expansion of subject matter covered —including related or sui generis rights— the introduction should be subjected to an experiment by letting the new right expire after a predetermined number of years unless a clearly defined public interest benefit has been demonstrated.

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The Public Domain should be protected from private interests.

Paul Keller — Wed, 20 Apr 2022 20:06:22 +0000

Private encroachment of the Public Domain is a serious threat to a common wealth that belongs to all, and must not be appropriated by anyone. Private entities and individuals have a responsibility not to interfere with the right to freely access and use Public Domain works, and should face judicial scrutiny if they fail to do so. Europe should grant a positive status to the Public Domain and a legal standing to both users’ rights organisations and individuals, regardless of a concrete individual interest, to protect the right to use Public Domain works and to oppose any false and misleading attempts to claim exclusive rights over Public Domain works.

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Uses that serve freedom of expression and information should be fully protected at the EU level.

Paul Keller — Wed, 20 Apr 2022 20:06:45 +0000

The usage rights allowing quotation, criticism, review, parody, pastiche and caricature that have been harmonised in the context of Article 17 of the Copyright in the Digital Single Market Directive, as well as incidental uses, should be guaranteed by a mandatory exception at the EU level for all uses.

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The freedom to create should be protected at the EU level.

Paul Keller — Wed, 20 Apr 2022 20:07:15 +0000

Copyright laws should enable cultural practices that require the use and/or remix of parts of protected materials in accordance with fair practice, such as the use of protected works (e.g. historical or incidental footage) by documentary filmmakers for informational and illustrative purposes. Europe needs a new mandatory exception to copyright and other exclusive rights that allows anyone to build upon existing protected works for creative purposes, in accordance with fair practice. Where such uses take place in a commercial context they should be subject to remuneration.

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Educational uses should be fully protected at the EU level.

Paul Keller — Wed, 20 Apr 2022 20:07:38 +0000

The EU mandatory education exception assumes that education activities are carried out within dedicated educational institutions, whereas growing parts of learning, including life-long learning, are taking place outside of such institutions or in hybrid settings. Europe needs to take these realities into account by broadening the existing mandatory exception to copyright and other exclusive rights to facilitate all non-commercial educational activities, regardless of their institutional setting.

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Research uses should be fully protected at the EU level.

Paul Keller — Wed, 20 Apr 2022 20:08:08 +0000

Public dissemination of research activities, including for purposes of verification of research results and for engaging in collaborative research, are essential to the scientific method. Europe needs a mandatory exception to copyright and other exclusive rights that facilitates all non-commercial research activities, including sharing of protected materials between researchers.

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Libraries should be enabled to fulfil their mission in the digital environment.

Paul Keller — Wed, 20 Apr 2022 20:08:38 +0000

This includes the right for libraries to lend out works in digital formats under the same conditions as works in physical form. Controlled digital lending should be fully permitted at the EU level. In addition, libraries should be able to acquire works in digital form in a format that would leave libraries in control of the technical environment enabling digital lending.

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