Hi all,

Some progress on the CDSM Directive.

The German Government adopted its copyright reform implementation proposal, available here. If I understand this correctly, the next step is for the Parliament to review the proposal. If anyone wants to take a close look:

Most of the provisions related to out of commerce works appear under paragraph 22 (page 15). They seem to be close to the Directive text, with the addition of an exception that allows the CHI, CMO or the EUIPO to make reproductions and make them public to the extent necessary to provide information on the EUIPO out of commerce works portal.
The provision on works of visual art in the public domain appears under paragraph 26 (page 17). It clearly states that reproductions of works of visual arts in the public domain cannot be protected by neighboring rights, and the preambles (point 8) note that this will have a retroactive effect.
The broad text and data mining exception comes with a clarification that for rightsholders to reserve their rights, the reservation of use has to be in a machine-readable format, as noted under paragraph 14 (page 13), and the reproductions made need to be deleted if they are no longer necessary for the purpose of TDM. The other TDM exception is described in page 14.

And if any German speakers in this list want to share a more comprehensive overview or their thoughts via the list, that'd be fantastic!

In Bulgaria, Ana Lazarova, Creative Commons Chapter Lead for Bulgaria wrote this really nice post on the work they are doing to prepare Bulgarian GLAMs for the EU copyright reform.

Thanks,

Ariadna

Ariadna Matas | Policy Advisor |

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