Difference between revisions of "European Commission Consultation"

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<big>'''Response to the European Commission's Public Consultation on Copyright Reform'''</big>
 
<big>'''Response to the European Commission's Public Consultation on Copyright Reform'''</big>
  
<div style="-moz-border-radius:10px; color: #204A87; font-style:normal; font-size: 97%; font-weight: bold; border:1px solid #AAAAAA; background:#E7F4FC; margin: 0 0 1em 1em; padding:.5em; text-align: center;">The public consultation closes '''Wednesday, the 5th of February 2014'''</div>
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<div style="-moz-border-radius:10px; color: #204A87; font-style:normal; font-size: 97%; font-weight: bold; border:1px solid #AAAAAA; background:#E7F4FC; margin: 0 0 1em 1em; padding:.5em; text-align: center;">The public consultation is closed<br/>Non-anonymous contributions are [http://ec.europa.eu/internal_market/consultations/2013/copyright-rules/index_en.htm here].<br/>La Quadrature's answer is [https://www.laquadrature.net/en/european-commission-public-consultation-on-copyright-la-quadrature-du-nets-answer here].</div>
 +
 
  
 
= Information on the Public Consultation =
 
= Information on the Public Consultation =
  
Within the European Union, copyright is regulated by a 2001 Directive that each EU member state is committed to transpose into their national legal framework.
+
In the European Union copyright is regulated by a 2001 Directive that each EU member state is committed to transpose into their national legal framework.
 +
 
 +
For the third time in as many years the European Commission has launched a public consultation on copyright in the European internal market. Despite the unambiguous signal sent by civil society and Members of the European Parliament through the rejection of the ACTA treaty in 2012, the Commission continues to fail to place the fundamental cultural right of individuals at the heart of copyright reform. La Quadrature du Net calls on all citizens and organisations to submit a response to this public consultation in order to push proposals that are in favour of a positive reform of copyright which is adapted to the digital environment.
  
For the third time in as many years the European Commission has launched a public consultation on copyright in the European internal market. Despite the unambiguous signal sent by civil society and Members of the European Parliament through the rejection of the ACTA treaty in 2012, the Commission continues to fail to place the fundamental cultural right of individuals at the heart of copyright reform. La Quadrature du Net calls on all citizens and organisations to submit a response to this public consultation in order to scrutinise the current approach and to push proposals that are in favour of a positive reform of copyright adapted to the digital environment.
+
Divorced from their citizens' expectations, the main objective of the European Commission in this consultation remains “whether further measures […] need to be taken at EU level […] to increase the cross-border availability of content services in the Single Market, while ensuring an adequate level of protection for right holders”. Furthermore, the Commission places this consultation within the same process as Licences for Europe which was met with failure last November. This public consultation again proposes simple contractual remedies to the challenges presented by the digital environment. Instead a revision of the basic principles of copyright law enshrined in the 2001/29 Directive is today more than ever in order.
  
Divorced from their citizen's expectations, the main objective of the European Commission in this consultation remains “whether further measures […] need to be taken at EU level […] to increase the cross-border availability of content services in the Single Market, while ensuring an adequate level of protection for right holders”. Furthermore, the Commission places this consultation within the same process as Licences for Europe which was met with failure last November. This public consultation continues to propose simple contractual solutions to the challenges presented by the digital environment whereas a revision of the basic principles of copyright law enshrined in the 2001/29 Directive is today more than ever in order.
+
LQDN's press release about the consulation: https://www.laquadrature.net/en/fundamental-cultural-rights-must-be-at-the-heart-of-copyright-reform-in-europe
 +
LQDN's answer: https://www.laquadrature.net/en/european-commission-public-consultation-on-copyright-la-quadrature-du-nets-answer
  
 
= The Questionnaire =
 
= The Questionnaire =
  
The European Commission has dedicated a [http://ec.europa.eu/internal_market/consultations/2013/copyright-rules/index_en.htm website] to this public consultation on which you will find a lot of practical information and the [http://ec.europa.eu/internal_market/consultations/2013/copyright-rules/docs/consultation-document_en.pdf consultation questionnaire] itself. The questionnaire is 36 pages long and includes 80 questions ... No need to be intimidated: There is no requirement to reply to all questions, and we advise you against following the proposed guidelines. Reply freely according to your own experiences and preoccupations.
+
The European Commission has dedicated a [http://ec.europa.eu/internal_market/consultations/2013/copyright-rules/index_en.htm website] to this public consultation on which you will find a lot of practical information and the [http://ec.europa.eu/internal_market/consultations/2013/copyright-rules/docs/consultation-document_en.pdf consultation questionnaire] itself. The questionnaire is 36 pages long and includes 80 questions ... but there is need to be intimidated or put off by its length: There is no requirement to reply to all questions. Reply freely according to your own experiences and preoccupations.
  
 
== How to Submit Your Answer? ==
 
== How to Submit Your Answer? ==
  
The European Commission committed itself to '''taking all contributions into account'''. It is essential that the maximum number of citizens respond to encourage the Commission to change their approach towards a positive copyright reform adapted to contemporary cultural practices.
+
The European Commission committed itself to '''taking all contributions into account'''. It is essential that the maximum number of citizens respond to encourage the Commission to adopt a positive copyright reform which is adapted to contemporary cultural practices.
  
The public consultation officially ends on '''Wednesday, the 5th of February 2014''', but a politely phrased email with your response attached will probably be accepted even a few days late.
+
The public consultation officially ends on '''Wednesday, the 5th of March 2014''' (extended), but a politely phrased email with your response attached will probably be accepted even a few days late.
  
 
<div style="-moz-border-radius:10px; color: #204A87; font-style:normal; font-size: 97%; font-weight: bold; border:1px solid #AAAAAA; background:#E7F4FC; margin: 0 0 1em 1em; padding:.5em; text-align: justify ;">
 
<div style="-moz-border-radius:10px; color: #204A87; font-style:normal; font-size: 97%; font-weight: bold; border:1px solid #AAAAAA; background:#E7F4FC; margin: 0 0 1em 1em; padding:.5em; text-align: justify ;">
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* Or email by clicking here [mailto:markt-copyright-consultation@ec.europa.eu?subject=Citizen%20response%%20to%20the%20public%20consultation%20on%20copyright to send your response] (opens in a new email window)</div>
 
* Or email by clicking here [mailto:markt-copyright-consultation@ec.europa.eu?subject=Citizen%20response%%20to%20the%20public%20consultation%20on%20copyright to send your response] (opens in a new email window)</div>
  
(Add La Quadrature in blind copy (BBC) ([mailto:contact@laquadrature.net contact@laquadrature.net]) so that we have an idea of the number of submissions!)
+
(Add La Quadrature in blind copy (BBC) ([mailto:contact@laquadrature.net contact@laquadrature.net]) so that we have an idea of the number of submissions! Note that all submissions will, after the deadline for submissions, be published online as is clearly stated on the Commission's website)
  
 
* You can reply to the consultation in any language of the EU.   
 
* You can reply to the consultation in any language of the EU.   
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* Once you completed the questionnaire, copy-paste your answers or attach it to an email and send it off :)
 
* Once you completed the questionnaire, copy-paste your answers or attach it to an email and send it off :)
  
If you experience any problems don't hesitate to ask for help by sending an email to contact@laquadrature.net or on t La Quadrature [[IRC]] channel.
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If you experience any problems don't hesitate to ask for help by sending an email to contact@laquadrature.net or on the La Quadrature [[IRC]] channel.
  
 
= Relevant Websites and Resources =
 
= Relevant Websites and Resources =
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La Quadrature du Net places their proposals at the service of the European citizen:
 
La Quadrature du Net places their proposals at the service of the European citizen:
 
 
* [https://www.laquadrature.net/en/elements-for-the-reform-of-copyright-and-related-cultural-policies Elements for the reform of copyright and related cultural policies]
 
* [https://www.laquadrature.net/en/elements-for-the-reform-of-copyright-and-related-cultural-policies Elements for the reform of copyright and related cultural policies]
* [http://hauteresolution.net/lqdn/ Dynamique version] of these 14 points (beta)
 
* [[Studies on file sharing]]
 
 
* [http://www.laquadrature.net/wiki/Template:ConsultCE2014:Pas_d%27implication_suppl%C3%A9mentaire_des_interm%C3%A9diaires_techniques_dans_l%27application_du_droit_d%27auteur 15. Pas d'implication supplémentaire des intermédiaires techniques dans l'application du droit d'auteur]
 
  
 +
Chapter proposals:
 
* [http://www.laquadrature.net/wiki/Template:ConsultCE2014:Giving_legal_recognition_to_the_non-market_sharing_of_digital_works_between_individuals_through_the_exhaustion_of_rights_doctrine 1. Giving legal recognition to the non-market sharing of digital works between individuals through the exhaustion of rights doctrine]
 
* [http://www.laquadrature.net/wiki/Template:ConsultCE2014:Giving_legal_recognition_to_the_non-market_sharing_of_digital_works_between_individuals_through_the_exhaustion_of_rights_doctrine 1. Giving legal recognition to the non-market sharing of digital works between individuals through the exhaustion of rights doctrine]
 
* [http://www.laquadrature.net/wiki/Template:ConsultCE2014:Legitimacy_of_referring_and_linkinge 2. Legitimacy of referring and linking]
 
* [http://www.laquadrature.net/wiki/Template:ConsultCE2014:Legitimacy_of_referring_and_linkinge 2. Legitimacy of referring and linking]
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* [http://www.laquadrature.net/wiki/Template:ConsultCE2014:Resource_pooling_new_financing_sources_adapted_to_digital_culture_and_its_many_contributors_and_projects 6. Resource pooling: new financing sources adapted to digital culture and its many contributors and projects]
 
* [http://www.laquadrature.net/wiki/Template:ConsultCE2014:Resource_pooling_new_financing_sources_adapted_to_digital_culture_and_its_many_contributors_and_projects 6. Resource pooling: new financing sources adapted to digital culture and its many contributors and projects]
 
* [http://www.laquadrature.net/wiki/Template:ConsultCE2014:Legal_requirements_for_fair_publishing_and_distribution_contracts 7. Legal requirements for fair publishing and distribution contracts]
 
* [http://www.laquadrature.net/wiki/Template:ConsultCE2014:Legal_requirements_for_fair_publishing_and_distribution_contracts 7. Legal requirements for fair publishing and distribution contracts]
* [http://www.laquadrature.net/wiki/Template:ConsultCE2014:A_preventive_competition_policy_against_distribution_monopolies_and_their_abuse  
+
* [http://www.laquadrature.net/wiki/Template:ConsultCE2014:A_preventive_competition_policy_against_distribution_monopolies_and_their_abuse 8. A preventive competition policy against distribution monopolies and their abuse]
8. A preventive competition policy against distribution monopolies and their abuse]
 
 
* [http://www.laquadrature.net/wiki/Template:ConsultCE2014:Reform_of_collective_management 9. Reform of collective management]
 
* [http://www.laquadrature.net/wiki/Template:ConsultCE2014:Reform_of_collective_management 9. Reform of collective management]
 
* [http://www.laquadrature.net/wiki/Template:ConsultCE2014:Keeping_pollution_by_advertising_under_control 10. Keeping pollution by advertising under control]
 
* [http://www.laquadrature.net/wiki/Template:ConsultCE2014:Keeping_pollution_by_advertising_under_control 10. Keeping pollution by advertising under control]
* [http://www.laquadrature.net/wiki/Template:ConsultCE2014:N11. Effective_norms_for_the_enforcement_of_network_neutrality 11. Effective norms for the enforcement of network neutrality]
+
* [http://www.laquadrature.net/wiki/Template:ConsultCE2014:Effective_norms_for_the_enforcement_of_network_neutrality 11. Effective norms for the enforcement of network neutrality]
* [http://www.laquadrature.net/wiki/Template:ConsultCE2014:Compulsory_registration_or_copyright 2.0 12. Compulsory registration or copyright 2.0]
+
* [http://www.laquadrature.net/wiki/Template:ConsultCE2014:Compulsory_registration_or_copyright_2.0 12. Compulsory registration or copyright 2.0]
 
* [http://www.laquadrature.net/wiki/Template:ConsultCE2014:Cultural_public_funding_and_tax_reform 13. Cultural public funding and tax reform]
 
* [http://www.laquadrature.net/wiki/Template:ConsultCE2014:Cultural_public_funding_and_tax_reform 13. Cultural public funding and tax reform]
 
* [http://www.laquadrature.net/wiki/Template:ConsultCE2014:A_positive_statute_for_the_public_domain_and_the_voluntary_commons 14. A positive statute for the public domain and the voluntary commons]
 
* [http://www.laquadrature.net/wiki/Template:ConsultCE2014:A_positive_statute_for_the_public_domain_and_the_voluntary_commons 14. A positive statute for the public domain and the voluntary commons]
  
* [http://www.laquadrature.net/wiki/Template:ConsultCE2014:Pas_d%27implication_suppl%C3%A9mentaire_des_interm%C3%A9diaires_techniques_dans_l%27application_du_droit_d%27auteur 15. Pas d'implication supplémentaire des intermédiaires techniques dans l'application du droit d'auteur]
+
New chapter, specially prepared for this consultation:
 +
* [http://www.laquadrature.net/wiki/Template:ConsultCE2014:No_additional_involvement_of_technical_intermediaries_in_the_application_of_copyright 15. No additional involvement of technical intermediaries in the application of copyright]
  
 
== Further Resources ==
 
== Further Resources ==
  
Several organisation offer helpful resources to reply to the questionnaire.
+
The wiki page dedicated to [[Studies on file sharing]] can provide arguments to prepare your response.
  
 +
Several organisation offer helpful resources to reply to the questionnaire:
 
* [http://copywrongs.eu Copywrongs website] that helps users respond to the consultation according to the situation
 
* [http://copywrongs.eu Copywrongs website] that helps users respond to the consultation according to the situation
 
* [http://youcan.fixcopyright.eu/fr/ You can fix copyright] : similar to Copywrongs website.
 
* [http://youcan.fixcopyright.eu/fr/ You can fix copyright] : similar to Copywrongs website.
 
* [https://ameliaandersdotter.eu/copyright-consultation-model-responses?language=en Model responses] by the Pirate Party.
 
* [https://ameliaandersdotter.eu/copyright-consultation-model-responses?language=en Model responses] by the Pirate Party.
 +
* [https://www.eff.org/deeplinks/2014/01/what-do-you-want-copyright-tell-eu-now What Do You Want From Copyright? Tell the EU now and Change the Future of Global Innovation Policy] by EFF.
  
= Responses Adapted to Your Situation =
+
La Quadrature du Net's answer is [https://www.laquadrature.net/en/european-commission-public-consultation-on-copyright-la-quadrature-du-nets-answer here].
  
Copyright law looks like a complex subject and distant from your daily preoccupations. But a growing number of citizens are directly affected by it on a daily basis. We propose this guide that breaks down relevant issues according to your relationship to the internet. Click on the link that corresponds most to your situation.
+
= What are the issues relevant to me? =
  
* [http://www.laquadrature.net/wiki/Consultation_Commission_Europ%C3%A9enne_2014_Internaute You are an internet user who is interested to share and remix cultural goods]
+
Copyright law looks like a complex subject and might seem removed from your immediate preoccupations. But a growing number of citizens are directly affected by it on a daily basis. We propose this guide which breaks down relevant issues according to your relationship to the internet. Click on the link that corresponds most to your situation(s).
  
* [http://www.laquadrature.net/wiki/Consultation_Commission_Europ%C3%A9enne_2014_Enseignant You are a teacher or a researcher]
+
===== [http://www.laquadrature.net/wiki/European_Commission_Consultation_2014_Internet_user You are an internet user who is interested in sharing and remixing cultural goods] =====
  
* [http://www.laquadrature.net/wiki/Consultation_Commission_Europ%C3%A9enne_2014_Professionnel You are a librarian or a information professional]
+
===== [http://www.laquadrature.net/wiki/European_Commission_Consultation_2014_Teacher You are a teacher or researcher] =====
  
* [http://www.laquadrature.net/wiki/Consultation_Commission_Europ%C3%A9enne_2014_Artiste You are an artists of a professional or amateur inventor]
+
===== [http://www.laquadrature.net/wiki/European_Commission_Consultation_2014_Professional You are a librarian or information professional] =====
 +
===== [http://www.laquadrature.net/wiki/European_Commission_Consultation_2014_Artist You are an artist or professional or amateur innovator] =====
  
* [http://www.laquadrature.net/wiki/Consultation_Commission_Europ%C3%A9enne_2014_Entrepreneur You work in a digital enterprise or a start up]
+
===== [http://www.laquadrature.net/wiki/European_Commission_Consultation_2014_Enterprise You work in a digital enterprise or start up] =====
  
* [http://www.laquadrature.net/wiki/Consultation_Commission_Europ%C3%A9enne_2014_Hebergeur You host a website (for example a blog or a forum)]
+
===== [http://www.laquadrature.net/wiki/European_Commission_Consultation_2014_Hosting You host a website (for example a blog or forum)] =====
  
 
= Model Responses =
 
= Model Responses =
  
The most effective responses will be those that are written by an individual and represent their experience and preoccupations. Generic responses sent by several citizens might not be taken into account and might give the impression that their senders don't accord sufficient importance on the subject to take the time to write their own personal message. Having said this, do not hesitate to read the model responses proposed by websites in "Further resources" and the ones below, in help you gather ideas on how to write your own reply. Moreover you are warmly encouraged to add your own response to this site.
+
The most effective responses are those written by individuals that reflect their personal experience and preoccupations. Generic responses sent by several people might not be taken into account and will give the impression that their senders didn't accord much importance to the subject, i.e. they did not take the time to write their own personalised message. Do not hesitate however, to read the model responses proposed by websites in "Further resources" and the ones below, in help you get and idea of how to write your own reply. Moreover you are warmly encouraged to add your own response to this wiki site.
  
* Response 1
+
* [http://acta.ffii.org/?p=2017 Ante's answer] (from the FFII e.V. working group on ACTA)
* Response 2
+
* [https://ameliaandersdotter.eu/copyright-consultation-model-responses?language=en Model responses] by the Pirate Party
 +
* [http://blogs.computerworlduk.com/open-enterprise/2014/01/last-chance-to-submit-to-eu-copyright-consultation/index.htm Glyn Moody's answer]
 +
* [http://edri.org/edris-answer-ec-consultation-review-eu-copyright-rules/ EDRI's answer]
 +
* [http://www.april.org/sites/default/files/April-response-consultation-copyright.pdf April's answer]
 +
* (fr) [http://www.parinux.org/content/reponse-la-consultation-de-la-commission-europeenne-sur-le-droit-dauteur Parinux.org's answer]
 +
* Add yours here!
  
 
= Spread the Word =  
 
= Spread the Word =  
  
The impact of our message is relative to the number of reponses by citizens received. The more numerous, the more our message will be heard. Mention this consultation and the importance of responding to it to everyone you know, start a campaign... all means are justified in order to spread the word!
+
The impact of our message on this consultation process is relative to the number of citizen reponses submitted. The greater of number, the more our message will be heard. Mention this consultation and the importance of responding to it to everyone you know, or you might want to even start a campaign... all means are justified in order to spread the word!
 +
 
 +
[[Category:Droit d'auteur]]

Latest revision as of 19:21, 29 July 2015


Response to the European Commission's Public Consultation on Copyright Reform

The public consultation is closed
Non-anonymous contributions are here.
La Quadrature's answer is here.


Information on the Public Consultation[edit]

In the European Union copyright is regulated by a 2001 Directive that each EU member state is committed to transpose into their national legal framework.

For the third time in as many years the European Commission has launched a public consultation on copyright in the European internal market. Despite the unambiguous signal sent by civil society and Members of the European Parliament through the rejection of the ACTA treaty in 2012, the Commission continues to fail to place the fundamental cultural right of individuals at the heart of copyright reform. La Quadrature du Net calls on all citizens and organisations to submit a response to this public consultation in order to push proposals that are in favour of a positive reform of copyright which is adapted to the digital environment.

Divorced from their citizens' expectations, the main objective of the European Commission in this consultation remains “whether further measures […] need to be taken at EU level […] to increase the cross-border availability of content services in the Single Market, while ensuring an adequate level of protection for right holders”. Furthermore, the Commission places this consultation within the same process as Licences for Europe which was met with failure last November. This public consultation again proposes simple contractual remedies to the challenges presented by the digital environment. Instead a revision of the basic principles of copyright law enshrined in the 2001/29 Directive is today more than ever in order.

LQDN's press release about the consulation: https://www.laquadrature.net/en/fundamental-cultural-rights-must-be-at-the-heart-of-copyright-reform-in-europe LQDN's answer: https://www.laquadrature.net/en/european-commission-public-consultation-on-copyright-la-quadrature-du-nets-answer

The Questionnaire[edit]

The European Commission has dedicated a website to this public consultation on which you will find a lot of practical information and the consultation questionnaire itself. The questionnaire is 36 pages long and includes 80 questions ... but there is need to be intimidated or put off by its length: There is no requirement to reply to all questions. Reply freely according to your own experiences and preoccupations.

How to Submit Your Answer?[edit]

The European Commission committed itself to taking all contributions into account. It is essential that the maximum number of citizens respond to encourage the Commission to adopt a positive copyright reform which is adapted to contemporary cultural practices.

The public consultation officially ends on Wednesday, the 5th of March 2014 (extended), but a politely phrased email with your response attached will probably be accepted even a few days late.

To submit a response to the consultation on the Commissions' report on copyright:

(Add La Quadrature in blind copy (BBC) (contact@laquadrature.net) so that we have an idea of the number of submissions! Note that all submissions will, after the deadline for submissions, be published online as is clearly stated on the Commission's website)

  • You can reply to the consultation in any language of the EU.
  • Your response can be as long or short as you want.
  • You do not need to reply to all questions. Choose the ones that most concern you.
  • Once you completed the questionnaire, copy-paste your answers or attach it to an email and send it off :)

If you experience any problems don't hesitate to ask for help by sending an email to contact@laquadrature.net or on the La Quadrature IRC channel.

Relevant Websites and Resources[edit]

The Propositions by La Quadrature du Net on Copyright Reform[edit]

After the rejection of ACTA by the European Parliament, La Quadrature du Net elaborated a positive copyright reform proposal that focuses on the recognition of the rights of the individual to use and share cultural products, while proposing the new ways to finance creativity and innovation.

La Quadrature du Net developed a response to the Commission's questionnaire based on the following points. You may use these when preparing your own response.

La Quadrature du Net places their proposals at the service of the European citizen:

Chapter proposals:

New chapter, specially prepared for this consultation:

Further Resources[edit]

The wiki page dedicated to Studies on file sharing can provide arguments to prepare your response.

Several organisation offer helpful resources to reply to the questionnaire:

La Quadrature du Net's answer is here.

What are the issues relevant to me?[edit]

Copyright law looks like a complex subject and might seem removed from your immediate preoccupations. But a growing number of citizens are directly affected by it on a daily basis. We propose this guide which breaks down relevant issues according to your relationship to the internet. Click on the link that corresponds most to your situation(s).

You are an internet user who is interested in sharing and remixing cultural goods[edit]
You are a teacher or researcher[edit]
You are a librarian or information professional[edit]
You are an artist or professional or amateur innovator[edit]
You work in a digital enterprise or start up[edit]
You host a website (for example a blog or forum)[edit]

Model Responses[edit]

The most effective responses are those written by individuals that reflect their personal experience and preoccupations. Generic responses sent by several people might not be taken into account and will give the impression that their senders didn't accord much importance to the subject, i.e. they did not take the time to write their own personalised message. Do not hesitate however, to read the model responses proposed by websites in "Further resources" and the ones below, in help you get and idea of how to write your own reply. Moreover you are warmly encouraged to add your own response to this wiki site.

Spread the Word[edit]

The impact of our message on this consultation process is relative to the number of citizen reponses submitted. The greater of number, the more our message will be heard. Mention this consultation and the importance of responding to it to everyone you know, or you might want to even start a campaign... all means are justified in order to spread the word!