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Latest Bulgarian Presidency “compromise” proposal released


17 May 2018

Following a meeting on 27 April, the latest Bulgarian Presidency “compromise” proposal (with mandate for negotiations) is now available online here (JURI rapporteur proposed amendments to articles 11 and 13 are also available here , with the previous compromise proposal dated 23 March 2018 available here).  Per the latest draft, the proposal stands as follows in respect of the three most contentious areas (articles 3, 11 and 13):

Article 3 – no further limitation of the scope of the optional exception for text and data mining. This optional exception remains and extends only to temporary reproductions and extractions.

Article 11 – currently, the press publisher’s right does not extend to insubstantial parts of press publications, either because (i) as it does not express the author’s intellectual creation, or (ii) it has no independent economic significance. The compromise proposal also reduces the term of protection from the original proposed term of 20 years, to 1 year.

Article 13 – Internet platforms will not have a “safe harbour defence” as provided under the E-Commerce Directive. Internet platforms will now require licences from relevant rightsholders or prevent availability of work from the same.  The new draft proposes that micro and small enterprises should be subject to a “lighter regime” in order to avoid liability, as well as the introduction of independent bodies at national levels to assess complaints related to the enforcement of the Directive.