IMCO and ITRE Committees Draft Opinion on the Digital Single Market Directive on Copyright

The draft opinion on copyright in the Digital Single Market from the Internal Market and Consumer Protection (IMCO) Committee of the European Parliament has been published. The  Rapporteur of the draft opinion is MEP Catherine Stihler (UK, S&D).
Below, C4C provided us with an overview of the content of the opinion of interest to us:

Exceptions and limitations in the field of research, education and preservation of cultural heritage;

• TDM (Article 3): “(...) with regards to the exception on text and data mining (TDM) provided for in Article 3 of the Directive, the Rapporteur believes that limiting the proposed EU exception to a narrow definition of research organisations is counterproductive, and therefore introduces a simple rule, which does not discriminate between users or purposes and ensures a strictly limited and transparent usage of technological protection measures where appropriate.”
• Education (Article 4): “(...) the Rapporteur believes that the exception should benefit not only all formal educational establishments in primary, secondary, vocational and higher education, but also other organisations such as libraries and other cultural heritage institutions, providing non-formal or informal education. The Rapporteur believes that the best solution is to have a single and mandatory exception for all types of teaching, both digital and non-digital, formal and informal.”
• Preservation (Article 5): “the Rapporteur proposes an ambitious expansion of the scope of this Article, introducing several new elements”:
  • “a modification of the exception to permit cultural heritage institutions and educational establishments to reproduce works and other subject-matter permanently in their collections for the purposes of carrying out their public interest mission in preservation, research, education, culture and teaching.”;“a modification of the exception to permit cultural heritage institutions and educational establishments to reproduce works and other subject-matter permanently in their collections for the purposes of carrying out their public interest mission in preservation, research, education, culture and teaching.”;
  • “a new exception on document delivery by cultural heritage institutions or educational establishments”;
  • “another on access for the purposes of research or private study on the premises of cultural heritage institutions or educational establishments are introduced with this objective”; and,
  • “an exception on public lending of literary works is also introduced with the objective of ensuring that all citizens of the European Union have access to a full selection of books and other resources”.

• “(...) introduces an exception under Article 7 which will allow cultural heritage institutions to distribute, communicate to the public or make available out-of-commerce works, or other subject-matter permanently in the collection of the institution for non-commercial purposes”

• “The Rapporteur believes that the introduction of a press publishers right under Article 11 lacks sufficient justification. (...) Simple changes made to Article 5 of the Enforcement Directive 2004/48/EC, making it also applicable to press publishers, will provide the necessary and appropriate means to solve this matter. The Rapporteur believes that there is no need to create a new right as publishers have the full right to opt-out of the ecosystem any time using simple technical means.”

• “(...) the Rapporteur believes that the current wording is incompatible with the limited liability regime provided for in Directive 2000/31/EC (Electronic Commerce Directive) (...) The use of filtering potentially harms the interests of users, as there are many legitimate uses of copyright content that filtering technologies are often not advanced enough to accommodate.”

• Scope: Proposes to broaden the scope to cover public entities, private entities and individuals.
• Security measures: Notes that measures should not prevent or exclude the ability to develop text and data mining tools different from those offered by the right holder.
• Compensation: Considers that use under the text and data mining exception would also not conflict with the normal exploitation of the works in a way that calls for separate compensation.

• Transparency measures (Article 14): Suggests to widens the scope to include transparency measures for scientific works.

The draft opinion on copyright in the Digital Single Market from the Legal Affairs (JURI) Committee, the lead committee, with rapporteur MEP Therese Comodini Cachia, should be published in the coming hours or days.

We will take some time to go through the whole document before coming back to you with further analysis.

You can also see our article in our previous issue on CULT draft opinion of the Culture and Education (CULT) Committee of the European Parliament. In relation to this, you may also be interested to read an interview with MEP Marc Joulaud (EPP, France) in the latest edition of The Parliament Magazine pp. 23-24.

Of further intersted is an an interview with rapporteur MEP Therese Comodini Cachia (EPP, Malta) in The Parliament Magazine on pp. 20-21, as well as the complementary article on copyright on page 25.

See also further down our press release on EBLIDA’s meeting with Therese Comodini Cachia in Malta on 22nd February.

A joint call for Copyright reform

To make free circulation of knowledge a reality, the library and cultural heritage communities support real reforms⁷ and a robust, mandatory and user-friendly set of copyright exceptions, strengthening the fight against piracy by providing legitimate alternatives.
 
All relevant committees of the European Parliament except JURI have now published their opinions on the Commission’s proposal for a Directive on Copyright in the Digital Single Market. Therefore, EBLIDA, together with our partners have gathered useful information for people who want to be informed about the issues at stake and who are interested in taking action towards improving copyright reform for libraries and Cultural Heritage Institutions.
 
Download the briefing here and see our press release online.




















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⁶ See https://www.eesistumine.ee/en/news/prime-minister-ratas-next-goal-eu-should-be-free-movement-data, (consulted 14 February 2017).

⁷ See http://www.eblida.org/Documents/EU%20Copyright%20Proposals%20-%20Libraries%20and%20Cultural%20Heritage%20Institutions%20Respond.pdf, (consulted 15 February 2017).

Libraries in Europe and in Malta - a visit to Malta National Library and a round table discussion with Maltese MEPs 22nd February 2017

It is always a challenge to gather MEPs in the same place at the same time when they have meetings in their constituencies and have to deal with local issues. It was therefore a great pleasure for EBLIDA, MaLIA, the Maltese Libraries and PL2020 to be in the presence of 2 Maltese MEPs on the 22^nd of February who joined either for the National Library treasures visit or for the round table discussion.

Our aim was to raise awareness on libraries in general, their place in today’s society, how libraries are an asset to the promotion of digital skills and the challenges faced by libraries in the current copyright reform discussion. We are grateful to Mr Alfred Sant and Therese Comodini Cachia for having freed up some space in their busy schedules to spend time in our company.
 
MEP Therese Comodini Cachia, Rapporteur for the JURI Committee (leading the committee for the Copyright Directive in the European Parliament) joined the round-table discussion for an animated discussion on the Copyright Directive Proposal of the EU Commission.
 
Both Maltese librarians and EBLIDA Executive Committee members expressed the need for reform to ensure that libraries can continue to fulfil their missions in a digital environment. EBLIDA in particular emphasised the point that that in order for free circulation of knowledge to become a reality, support for real reforms and a robust, mandatory and user-friendly set of copyright exceptions is needed. This will strengthen the fight against piracy by providing legitimate alternatives in which library services to its citizens will flourish.
 
See also our press release and our article on EBLIDA’s EC meeting further down.

Court of Justice of the European Union (CJEU) ruling on the EU Competence on the Marrakesh Treaty

On 14^th February, the CJEU ruled that “The conclusion of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled falls within the exclusive competence of the European Union”.
 
The full text of the verdict is accessible here.
 
Read below an article from David Hammerstein from the World Blind Union - ECJ rules exclusive EU competence on Marrakesh Treaty against positions of Germany, Italy and UK in Council.

EU must now ratify and deliver full benefits of Treaty without any added legal barriers
 
The European Court of Justice (ECJ) has today published its ruling on the Marrakesh Treaty for the visually impaired that reaffirms the exclusive competence of the EU to ratify and implement the Treaty, leaving Germany, Italy and UK without the arguments they have used as an excuse to  block EU.
The UN Treaty, which provides exceptions in global copyright rules for books for the blind and visually impaired, entered into force in September last year, but the EU has not yet ratified it, due to a small number of member states blocking it in the Council, precisely because of questions of competence now clarified by the European Court opinion.
 
The ECJ has ruled that the EU has exclusive competence for the ratification of this treaty, meaning it does not have to wait for individual member state approval. The European Parliament is currently working on a legislative package to implement the treaty into EU law. Ratification of the Treaty is legally independent from this legislation but EU member states had requested the Directive and Regulation that will be voted in the  European Parliament´s Legal Affairs Committee on March 22nd. Informal discussions between the Parliament and EU Member States will begin after that vote. Some of the issues that will be dealt with are compensation schemes, commercial availability and the official registration of authorised entities.
 
The ECJ opinion re-confirms that exceptions to global copyright rules affecting millions of visually impaired people inside and outside the EU has been delayed by three years by a group of EU member states in the Council. We welcome the ECJ’s ruling, which should be followed by swift action to make sure that the EU and its member states ratify and implement the benefits of the treaty with no further delay. This treaty, and today’s ruling, will improve access to books in an accessible format for millions of blind and visually impaired people all over the world.

A call to deaf / hearing impaired librarians and library services for these people in Europe

Mr Gregorio Manzanares Pérez, a Librarian in Malaga, called on EBLIDA to collect information and contacts on deaf/hearing impaired librarians and library services in Europe.

Below is the article we asked him to produce on his request.

My name is Gregorio Manzanares Pérez. I hold a diploma in Librarianship and a degree in Documentation from the University of Granada. Postgraduate in Digital Documentation by Pompeu Fabra University.

In 2011 I obtained the official post to work in the municipal public library "Miguel de Cervantes" of the City of Malaga, as a librarian. It is one of nineteen libraries (eighteen libraries and one mobile library) in the city of Malaga.

I have been profoundly deaf since birth and I speak Spanish Sign Language, Spanish is my second language.

Because of this disability and the education received, deaf people face many challenges reading comprehension and written expression. That's why I decided to develop and schedule some specific reading promotion activities for deaf people, for example: Literacy workshops, accessible guided tours with user training, specific storytelling and games, acquisition of specific collections, etc. My main goal is to promote a reading culture among deaf people, and to facilitate equal opportunities through access to information, training and recreation, which are the three basic functions of any public library.

The most common and negative aspect of being deaf  is the communication barrier that prevents integration into the cultural world but also prevents functioning normally in society.

It is important for hearing impaired library users to know that the library is a proper, accessible and relevant place where they can move naturally and use all the resources that it brings by a specialised reference  and bibliographic information service customized by the deaf staff.

Library policies must ensure that public libraries will be designed for all in favour of universal accessibility, and it means that library services must be comprehensible, usable, practicable, accessible to all places. For deaf people, the solution is simple: eye contact. The deaf person needs to be actively informed and participate in the cultural world around him through visual contact or even auditory contact for cochlear implants or Hypoacoustic.

I am not only dedicated to deaf users, but also to those who are interpreters of sign language, for example people who have a deaf family member or those who are aware of and interested in knowing the world of deaf people.

It seems that there are no deaf librarians like me working in any Spanish public library and for that reason, I would like to know if there are any deaf librarians working in a European public library in order to exchange experiences and real information about deaf users.

Note from the editors:
EBLIDA has transmitted the request to IFLA library service for disable people and has also received individual answer transmitted to Mr Manzanares Pérez.

The situation seems to differ from country to country. Although some countries seems to not have library services for deaf people and/or deaf librarians, others have.

Find here examples in two countries:

• In France, several libraries have or offer services to those with hearing impaired. For instance in Paris, there are several deaf librarians as well as 5 deaf departments in five Paris public libraries with a dedicated blog : https://bibliopi.wordpress.com/ (in French).
• In Czech Republic, the Public Library of Hradec Králové (90.000 inhabitants) has been awarded in 2016 with the Czech Standard Handicap Friendly whose aim is to remove barriers and promote equal access to all including for handicapped people. The Library website hosts videos in sign language, and in the premises of the main building, a hearing loop is installed, and some employees of the library knows the basics of sign language and can translate certain events into that language.

Should you know of any deaf or hearing impaired librarians and library services for these people, please inform EBLIDA and this will then be forwarded to Mr Gregorio Manzanares Pérez.

EBLIDA Executive Committee Meeting – Valletta (Malta) – February 2017

On 23^d to 24^th February at the invitation of the Malta Library and Information  Association (MaLIA), EBLIDA Executive Committee members met for the “Spring” meeting in the National Library.
 
The meeting was held in the board room of the National Library in the midst of rare books and manuscripts.  EC members welcomed Hannah Gent, Project Officer at Public Libraries 2020, for a detailed presentation of the MEP Library Lovers group launched in October in Brussels.

EC members then worked for 2 days intensively on EBLIDA’s current and future activities.
 
EBLIDA would like to thank everyone for a wonderful and inspiring meeting and we would extend special thanks to MaLIA and its chair Martes Pfeiffer-Paris and to the National Library of Malta and its CEO Cheryl Falzon for hosting the meetings and make all of this a reality.
 
See also our press release and our article on article Libraries in Europe and in Malta above.

Reminder: Next EBLIDA NAPLE Annual Council and Conference, 3-4 May 2017

Check all necessary information at

• Session 1 -  A round table that will address the issue of rethinking in a competing environment with the participation of :

Mr Vincent Chapdelaine (keynote speaker)

Ms Erin Simon

Mr Jukka Relander, EBLIDA President

• Session 2 - An interactive world café on Library Strategy and Advocacy

Mrs Gunilla Herdenberg (National Librarian,

Mr Morten Lautrup-Larsen (Deputy Director, Agency for Culture and Palaces)

• Session 3 - The Aarhus Statement 2017

Celebrating 25 years of Library advocacy by