Copyright directive

Copyright modernisation is a major and contentious part of the EU’s DSM strategy.

Relevant policy:

The Copyright Directive is one of a parcel of policies and draft laws relating to copyright. It covers mandatory exceptions for data mining, preservation and education; measures to enable digitisation of out-of-commerce works; measures to improve licensing of Video On Demand rights; a transparency obligation and contract adjustment mechanism; the introduction of a new right for press publishers; and new obligations for online content hosting services

The copyright directive is part of the Digital Single Market strategy.

Progress and developments:

The European Scrutiny Committee of the House of Commons first examined DSM copyright issues in November 2016, when they noted possible implications for online intermediaries as well as some accessibility implications.

In March 2017 the European Scrutiny Committee of the House of Commons was told that “Working Groups have started negotiating other parts of the copyright package, and we expect substantive negotiations on the directive to begin this year”.

The Committee has issued three reports on aspects of the Copyright Directive:

  • Copyright in the Digital Single Market (2 November 2016)
  • Promoting a fair and efficient European copyright-based economy in the Digital Single Market (2 November 2016)
  • EU Implementation of the Marrakesh Treaty (2 November 2016) (response received 8 November)

and has requested further clarification from Government on these aspects throughout Brexit by 9 May.

In February 2018 the ESC examined the proposal for a regulation on copyright, broadcasting, and TV transmissions, noting that it is almost wholly an internal matter for EU members.