European Digital Rights https://edri.org twitter @edri

Diego Naranjo Advocacy Manager

EU Copyright law:

No risk of being copied

Topics

0– EDRi and our work on copyright

1- EU Copyright madness

2- Copyright enforcement and risks for fundamental rights

3- Time for a XXI Copyright model?

“Intellectual Property Rights are not Human Rights”

– Farida Shaheed, UN special rapporteur in the field of cultural rights

However: Copyright enforcement presents risks to the right to access to culture, freedom of speech, freedom to conduct business, right to education...

0- EDRi and our work on copyright

1- EU Copyright madness

● Number of ways to implement the Directive

● Estonia vs. France● Freedom of Panorama

1- EU Copyright madness: In how many ways can the InfoSoc Directive be implemented?

● 21 different optional exceptions● Each country implementing the directive can

choose to either include or leave out the exception: 2*2*2*2*2*2*2*2*2*2*2*2*2*2*2*2*2*2*2*2*2, or written more concisely, 2^21 (two to the power of twenty-one) =

1.5 million ways to implement the Directive!!!

1- EU Copyright madness

● Estonia vs. France

Use of copyrighted material in teaching environment

Estonia 1: France 0

1- EU Copyright madness

Freedom of Panorama

Source: Wikimedia UK

2- Copyright enforcement and risks for fundamental rights:

Copyright as censorship

2- Copyright enforcement and risks for fundamental rights:

Copyright as censorship

Digital Millennium Copyright Act (DMCA) as a global tool for censorship

● UNITED STATES: Conspiracy theory videos (August 2012)

● ECUADOR: Criticism of Ecuadorian state officials. (2014 and ongoing)

● SAUDI ARABIA: Satirical shows (September 2014)

Letter from Authors Guild to U.S. Congress:

“Technology that can identify and filter pirated material is now commonplace. It only makes sense, then, that ISPs should bear the burden of limiting piracy on their sites, especially when they are profiting from the piracy and have the technology to conduct automated searches and takedowns” the Authors Guild writes.”

2- Copyright enforcement and risks for fundamental rights:

Privatised enforcement of the law in copyright enforcement

Absurd cases: RIAA VS Gertrude Walton

2- Copyright enforcement and risks for fundamental rights:

Privatised enforcement of the law in copyright enforcement

2- Copyright enforcement and risks for fundamental rights:

Privatised enforcement of the law in copyright enforcement

3- Time for a XXI Copyright model?

Change of business model?

3- Time for a XXI Copyright model?Change of business model?

Problems for copyright holders:

● Digital Single Market: “Duty of care” and “due dilligence”: Adding more power to the empowered without any evidence of its effectiveness

● Numerous reports (Hadopi etc...): Pirates are the BEST customers!:

We draw avery important conclusion here with a merely dark image behind it, so the text is white...

Questions, feedback?

Diego Naranjodiego.naranjo@edri.org

Follow us on twitter:@DNSevilla@edri