Understanding what is for Research & Innovationin the EC proposal for aEU Copyright Directive A brief analysis with pointers to stakeholders' reactionsJean-François Dechamp, European Commission (DG RTD) – 9 January 2017

Outline

Rationale in five key aspects

Three issues of interest for the R&I sector and reactions from main stakeholders

1. TDM exception ('Option 3') R&I ecosystem2. Publisher's related right scholarly publishing3. Transparency obligations scholarly publishing

Pointers to comments and position papersOther references

Rationale in five key aspects

1. "Science is different!"• Authors in most cases not remunerated, give away their ©...

2. Modern R&I• Increasing amounts of content, massive analyse with TDM...• Multi-disciplinarity, public and/or private partners, 'Big Data'...

3. Legal hurdles• Licences for Europe: licence-based solutions for scientific papers

do not seem to work, are massively rejected by academics...4. DSM strategy

• Copyright modernisation in order to reflect technological advances5. Open Science

• Open access, European Open Science Cloud...

1. TDM exception (Option 3, simplified)

2001 Directive 2016 proposal NoteOptional implementation Mandatory implementation Lawful access

requiredSubject to different interpretations

Clarified for TDM

Applying to 'non-commercial' research

Open to any scientific research

Open to any beneficiary Applying to research organisations acting in public interest/not-for-profit

Unclear on other contracts Not overridable by contractTechnical protection measures (TPM)

TPM + security/integrity of networks and databases

1. Reactions to TDM exception proposalAssociations of academics & of Research Funding Organisations

on exception (mandatory etc.) on exclusion of businesses on room for improvement/broadening on Technical Protection Measures (perceived strengthened) and security/integrity of networks and databases

Association of startups on exclusion of businesses

1. Reactions to TDM exception proposalSTM-Publishing &FEP-FEE

on lawful access (not sufficiently defined) on commercial use of scientific research on supporting adoption of best practices on Technical Protection Measures (perceived weakened)

OASPA (Open Access Scholarly Publishers)

on lawful access (but should be better defined) on extension to both non-commercial and commercial aspects on supporting adoption of best practices & behaviours (e.g. ethics) on 'the right to read is right to mine'

2. Publisher's related right

Recital (13)• No need to provide for compensation because of

minimal harm

Recital (33)• Scientific journals should not be covered by the

protection granted to press publications

2. Reactions to publisher's related right proposal

A hurried and unacceptableaddition.

LIBER

This exclusion [of scientific publishers] is disappointing, unwarranted and potentially discriminatory.

STM-Publishing

3. Transparency obligations

Article 14 Transparency obligation• Member States shall ensure that authors [...] receive [...]

information on the exploitation of their works [...] from those to whom they have licensed or transferred their rights, notably as regards [...] revenues generated and remuneration due.

Article 15 Contract adjustment mechanisms• Member States shall ensure that authors [...] are entitled to

request [...] remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low compared to the subsequent relevant revenues and benefits derived from the exploitation of the works [...].

3. Reactions to transparency obligations proposal[We are] delighted to see that the proposed directive includes a transparency obligation.

LERUSPARC Europe

[It] has the potential to challenge the high strains that the current commercial publishing industry is putting on its research institutions by challenging the ethics of current excessive commercial publishing pricing models through more transparency.

Pointers: academics & funders

EUA - European University AssociationIFLA - International Federation of Library Associations and Institutions, & partnersLERU - League of European Research UniversitiesLIBER - Association of European Research Libraries, and initiative The Hague DeclarationScience-Europe - Research funding organisationsSPARC-Europe - Scholarly Publishing and Academic Resources Coalition in the EU

Pointers: publishers

FEP-FEE - Federation of European PublishersSTM-Publishing - International Association of Scientific, Technical and Medical PublishersOASPA - Open Access Scholarly Publishers Association

Pointers: businesses & others

Allied for startups - a global advocacy organisation representing startup associations, and initiative Innovatorsact.eu Communia - a consortium of stakeholders in public domain

4. Council of the European Union

Council Conclusions The transition towards an Open Science system (27 May 2016)

• WELCOMES the Commission Communication of 9 December 2015 on "Towards a modern, more European copyright framework" and LOOKS FORWARD to the legislative proposals from the Commission announced therein; STRESSES the importance to enhance the EU’s competitiveness, and technological and scientific leadership, which could include allowing public interest research organisations to carry out text and data mining of content, to which they already have lawful access, for scientific research purposes; STRESSES the need to continue the support by the Commission and Member States to allow all bodies and organisations, including citizens, scientists and businesses and SMEs, to mine results of publicly funded research they already have legal access to.

4. Commissioner Moedas

Science needs a copyright law that reflects the reality of the modern age. We must remove barriers that prevent scientists from digging deeper into the existing knowledge base. This proposed copyright exception will give researchers the freedom to pursue their work without fear of legal repercussions, and so allow our greatest minds to discover new solutions to major societal problems.

Brussels, 14 September 2016 (News alert)

Compiled by

@OpenAccessEC

Feel free to re-use