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17 ESLJ 1 (2019)

handle is hein.journals/entersport17 and id is 1 raw text is: 

                                                        Spilsbury, S. 2019. Rewriting the Rule Book? The Latest on
  OT   Lthe Draft Copyright Directive. Entertainment and Sports Law
                                                        Journal, 17: 1, pp.1-5. DOI: https://doi.org/10.16997/eslj.224


Rewriting the Rule Book? The Latest on the

Draft Copyright Directive

Sallie Spilsbury
Manchester Metropolitan University, UK

The  Draft  Copyright  in the Digital Single Market  has been  approved  by  the EU  Parliament. This  is a
commentary on the key provisions which impact on the media and entertainment industries, namely
the  link tax for digital publication of press publications, the new liability for content on digital sharing
platforms  and rights for sports event organisers.

Keywords:   Digital; copyright; media; content sharing; directive

On 12 September 2018, the European Parliament approved the Draft Directive on Copyright in the Digital Single Market
(European Commission, 2016). In recent years, there have been several directives that have modernised the scope of
copyright and related rights protection to make it fit for purpose in the digital age. For example, there has been the
European Council Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the
information society and European Council Directive 96/9/EC on the legal protection of databases.
  The scope of the current draft Directive is wider. It forms part of the EU's Digital Single Market Strategy for regulation
of the business models that have emerged with the development of digital technologies (European Commission, 2015).
The Directive is therefore in part an intervention in the commercial relationships between information society service
providers and rightsowners and its provisions are likely to have real operational bite if fully implemented. In addition,
the Directive has the ambitious policy objective of shoring up sustainable news media across the EU to facilitate citizens'
access to reliable online news content, thus providing a counterweight to fake news. This article will consider how the
Directive purports to achieve these aims with a focus on Article 11 and 13, which are the provisions which have gener-
ated most debate. Article 12a, which gives new rights to sport event organisers, is also considered. These provisions
directly engage two of the aims behind the Directive: (i) the fostering of high-quality journalism and (ii) the assurance
that creators, and those who invest in the production of content, have a say about whether and on what terms their
content should be made available on online platforms.
  The Directive has already been the subject of fierce lobbying from two opposing camps. On the one hand, the digital
tech giants and campaigners for internet freedom oppose what they perceive as censorship and the tighter regulation
of online content. On the other hand, rights holders welcome provisions that create revenue streams for use of copy-
right works on digital platforms. The tension around this debate caused the EU Parliament to defer approval of the
Directive in June 2018. The form of the Directive that was eventually passed by the Parliament in September diluted
some  of the obligations on digital service providers. It is possible that there will be further dilution as the Directive
is negotiated (and lobbied) through the next stages of the legislative process. At an official press conference held just
after the Directive had been approved it was heralded as a major step forward in making the internet a fair place for the
so-called 'crown jewels' of Europe - namely, the creators and authors and associated industries. Yet it was also stressed
that the Directive was not seeking confrontation with internet platform operators and there was no intention of impos-
ing mandatory filters or censorship. Keeping both camps happy will be a delicate balance. As will be explored below,
the mechanisms by which crucial provisions of the Directive will be implemented have been kept fluid and important
provisions have been left for future dialogue between stakeholders. To that extent some of the points of tension have
been circumvented, at least in the short term.

Article 11  - A Link Tax  on News?
Article 11 requires information society service providers to pay 'fair and proportionate' remuneration to publishers
of press publications for making their publications available to the public by digital means. This is achieved by new
reproduction and digital communication rights for press publishers, which will last for 5 years from publication of the

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