Kulturudvalget 2015-16
KUU Alm.del Bilag 68
Offentligt
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Danish position on the Digital Single Market Strategy with regard to a more
modern European copyright framework
Introduction
Denmark welcomes the EU Commission’s Strategy for a Digital Single Market and is
looking forward to working with the Commission and the Member States in finding
solutions that will allow us to achieve the full potential of a genuine digital single
market.
In this regard Denmark believes that the copyright framework must ensure the right
balance between protection of rightholders and society’s legitimate interests in having
access to creative content in a non-bureaucratic way. Furthermore, Denmark is of the
opinion that new
EU regulation in the suggested areas regarding copyright should only
be proposed to the extent necessary for the functioning of the internal market.
Denmark emphasizes that legislative proposals therefore must be based on thorough
impact assessments to ensure that the copyright framework of the future remains a
cornerstone in Europe’s creative industry.
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Denmark has the following priorities:
Extended Collective License (ECL)
Territoriality
Exceptions and limitations (research, education and text and data mining)
Enforcement
Extended collective license
Denmark has a flexible and non-bureaucratic system to clear rights. The Extended
Collective License (ECL) makes it possible for a user to obtain permission to use large
amounts of copyright protected material on the basis of one single agreement, which
benefits both the user, the rightholder and society as a whole.
Bearing this in mind, it is relevant to consider whether the modernization of the EU
copyright framework can be based on the principles that the ECL system is built upon.
In any case, we find it vital that new EU legislation does not prevent EU Member
States from using the successful ECL scheme.
Territoriality and portability
When it comes to portability of services a solution must be found in order for EU
citizens to take legally purchased online services with them, when they travel to
another EU Member State.
Dok nr. 2731025
 KUU, Alm.del - 2015-16 - Bilag 68: Regeringens positionspapir om det digitale indre marked i EU
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Side 2
Cross border access to online services in other Member States is a policy area, which is
relevant to examine in the pursuit of a digital single market. However, Denmark
stresses that any changes in this area must be made with respect of the special
characteristics of the cultural sectors financially dependent on the possibility to issue
licenses to different territories at different stages of a production, e.g. the audiovisual
sector. Therefore, Denmark finds it particularly important that legislative proposals in
this area are based on well-evidenced impact assessments.
Furthermore, legislative proposals regarding cross border access to online services,
should be secondary to licensing based on agreements between rightholders and users.
It is imperative that legislation does not hinder the possibilities for a business to create
different business models and solve the challenges of territoriality through voluntary
agreements.
Exceptions and limitations (research, education and text and data-mining)
The current catalogue of permitted exceptions and limitations in the acquis
communautaire is broadly formulated and primarily voluntary for the member states to
use. This might in some instances make cross border use difficult.
Cross border use is particular relevant as regards the exception for the benefit of
research and text and data mining. Denmark sees a potential in more cross border
activity and finds that there is a need for greater legal certainty, clarity and flexibility
in this area.
As for education material, Denmark still finds remuneration to the rightholders
important. Denmark notes that no remuneration to the rightholders could cause a
situation, where it will not be desirable to create new student material adjusted to new
technologies and social developments. However, Denmark finds it appropriate to
examine the need for and possible ways to facilitate cross boarder use of educational
material.
In this regard it must be
considered if a solution can be based on the
principles on which the ECL system is built. In any case, it is vital that new EU
legislation does not prevent EU Member States from using the ECL scheme.
Enforcement
An effective enforcement of IPR infringements – especially on the Internet – is crucial
for the entire IPR ecosystem. Therefore Denmark finds it relevant to look at legislative
improvements in this area. However, enforcement by law must not be the only focus
point, but should be supplemented by public dialogue, creating easy access to legal
online content, and by voluntary agreements between rightholders and users, for
instance ISPs, media agencies and search engines.