Modernisation of EU copyright rules: Initial Appraisal of a European Commission Impact Assessment

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's
combined Impact Assessment (IA) accompanying its proposals, adopted on 14 September 2016 for a Directive of ... on copyright in the Digital Single Market (COM(2016)593) and of a Commission proposal for a Regulation ... laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes (COM(2016)594) and referred to the European Parliament's Committee on Legal Affairs.

The IA clearly defines the underlying problems and the objectives of the proposed initiatives. It relies on various recent external studies, reviews and evaluations. The Commission consulted widely and the IA appears to have analysed a broad range of options and their impacts on all relevant stakeholders.

However, the IA, which is very dense, is based on limited quantitative data, which the Commission openly acknowledges. It would also perhaps have benefited from a more detailed assessment of social impacts and impacts on fundamental rights. Moreover, with regard to the third general objective of achieving a well-functioning marketplace for copyright, it would seem that some specific issues were not addressed: concerning the use of right holders' content by online services, it appears the Commission changed its preferred option following the issuing of the RSB opinion, since a negotiation obligation is no longer included in the final IA.

The IA could also have given more guidance on the coherence of the proposed acts with the E-Commerce Directive. Finally, concerning rights in (press) publications, it would have been useful if the IA had provided more thorough reasoning regarding the new ancillary right.

• Primary Source

EP: EPRS: Briefing: EU Legislation in Progress, July 2018 (and periodically updated): Copyright in the digital single market http://www.europeansources.info/record/copyright-in-the-digital-single-market/

ESO: Background information: State of the Union 2016: Commission proposes modern EU copyright rules for European culture to flourish and circulate http://www.europeansources.info/record/state-of-the-union-2016-commission-proposes-modern-eu-copyright-rules-for-european-culture-to-flourish-and-circulate/

EUR-Lex: Proposal for a Directive ... on copyright in the Digital Single Market - COM / 2016 / 593 http://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1480494217292&uri=CELEX:52016PC0593

ESO: Background information: Proposal for a Regulation laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes http://www.europeansources.info/record/proposal-for-a-regulation-of-the-european-parliament-and-of-the-council-laying-down-rules-on-the-exercise-of-copyright-and-related-rights-applicable-to-certain-online-transmissions-of-broadcasting-org/

---