Performance protection law: compromise made in Germany

At EU level, the debate on the protection of performance and the role of online media has continued to be detracted. The latest proposal reminds us of a failed model.

Performance protection law: compromise made in Germany
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  • Page 1 — compromise made in Germany
  • Page 2 — topic of upload-only splits opinions
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    In search for a compromise for a European performance law cementonce Bulgarian Presidency presented a new proposal. As a letter dated January 16, 2018 (PDF), hirto totally uncertain EU Member States should consider wher Geplantestrikte protection of online publications could be mitigated. Those who know Dasdeutsche performance law are likely to bekanntvorkommen proposals.

    DieRatspräsidentschaft admits, first of all, that strong abweichendenPositionen of one anor made it difficult to reach a compromise on NeuenEU Copyright directive. According to an earlier report, a part of Member States is seeking to adopt more or less unchanged tabled EU Commission for a 20-year performance law AufEU level. Anor part, on or hand, prefers proposal of former negotiator ImEuropaparlament, Therese Comodini Cachia. The Maltese politician wanted publishers to moderate to enforce rights of ir authors in court on ir own behalf.

    According to Demnun, re is no eineausreichende support for any of two positions – which may be a certain relief for opponents of a right to performance. Now Bulgaria wants to fathom that wher restriction of right to performance under German model for countries could constitute a compromise solution. These include dielizenzfreie use of short snippets of text that LizenzfreieNutzung for non-commercial purposes and limitation of period of time for recovery of media. In Germany, online articles can be recycled after one year without a license according to UrheberrechtlichenBedingungen. In addition, only search engines and Newsaggregatorenzur licensing are required.

    Majority for a failed model?

    Obdieser proposal among 28 member states is a majority, correlates. Finally, MehrereEU studies have shown that German model is considered to have failed because it has not so far brought any significant revenue to publishers. For this reason too, n EU-DigitalkommissarGünr Oettinger proposed a much more stringent variant of AufEU-level in September 2016. Even though Oettinger had formulated draft so extreme in order to have eineVerhandlungsmasse in so-called trialogue with European Parliament and Council. But exact implementation of German Modellsdürfte certainly does not bring additional revenue to publishers.

    In meantime, negotiator of European Parliament, Axel Voss, admitted frankly that issue of copyright reform is about transferring German model to Europe. "For protection of publishers, we want to anchor AufEU-level to usual performance law in this country," said CDU politician magazine Focus. In interview, expanded argues: "Digital platforms such as Google and Facebook großenStil advertising of newspaper and magazine publishers when y raise ir articles, reports or columns to ir pages. Up to 80 percent of by-generated advertising is simply taking digital global players with m. "

    Apparently Voss is not aware that social media does not readmission entire article, but merely tease m in order to be able to direct users to DieVerlagsseiten. The extent to which advertising is generiertwird by publishing houses is also not unlocked. The fact that Voss has an idiosyncratic Verständnisvom internet also shows his demand that " digitalenPlattformen will assemble with publishers and clarify what y have to pay for DieVeröffentlichung of articles". Apparently, for Vossschon, linking of a text counts as a paid publication.

    If performance protection law is valid, according to Voss VerlegernKonsequenzen: "Eir thieves must be deleted or blocked or re must be damages Geleistetwerden." What Voss is doing under Beiträgenversteht, however, does not become unsolved. According to reform planned by European Commission, even pure headings of Artikelnlizenzpflichtig can be. Therefore, it is inaccurate if Voss reports that platforms or even private users are not likely to publish whole posts. On basis of such statements, it seems difficult to lead Debatteauf sensible way.

    Date Of Update: 03 February 2018, 12:03
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