Copyright expert notes absence of creators from reform legislation

4 July 2018

Copyright expert Valentina Moscon (Max-Planck Institute) has given an opinion on the absence of creators from the proposed copyright reform (available here via Kluwer Copyright Blog). The blogpost highlights two main concerns:

  • First, and in keeping with other widespread criticism, Moscon questions the vague wording of article 13, particularly in relation to the meaning of “Effective and Proportionate Measures”. In combination with the requirement for “effective technologies” to ensure this, such a requirement is tantamount to a monitoring or filtering obligation.
  • Secondly, she notes the absence of creators from the legislation, which currently only refers to “rightsholders” (including both creators and derivative rightsholders). Whilst remuneration for creators has been used as a primary justification for the introduction of article 13, the apparent absence of such consideration (and particularly the distinction between creators and collecting societies) means the “Council fails to reach [their] goal”.