Public consultation on the transposition of Directive (EU) 2019/790 of the European Parliament and of the Council on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (Directive on Copyright in the Digital Single Market)—Consultation Paper No. 2

Consultation Paper No. 2 Articles 2–7 on exceptions and limitations.

The Department of Business, Enterprise and Innovation is seeking the views of stakeholders and interested parties on the transposition of EU Directive 2019/790 into Irish law.

Directive 2019/790 (hereinafter the “Copyright Directive”) was published by the European Commission in September 2016 as part of a series of legislative proposals under the Digital Single Market strategy. The Directive provides a framework for the creation of modern European copyright legislation to take account of technological developments in the digital age while continuing to ensure that creators are remunerated for their creative efforts.

The Directive contains a number of provisions that will further harmonise copyright exceptions in the areas of research, education and cultural preservation, provide protection for press publishers for the online use of their content and measures to address the “value gap” whereby rightholders can derive greater economic value for the use of their content online.

The deadline for transposition of the Directive into national legislation is 7 June 2021.

The Department is publishing a series of public consultations regarding the transposition into Irish law of the Copyright Directive. The second consultation is seeking input on the transposition of articles 2-7 of the Directive.

  • Article 2 provides a list of definitions relevant to the Directive, including:
    • ‘research organisation’;
    • ‘text and data mining’;
    • ‘cultural heritage institution’;
    • ‘press publication’;
    • ‘information society service’; and
    • ‘online content-sharing service provider’.
  • Article 3 introduces a mandatory copyright exception for acts of text and data mining (TDM). The exception will allow research organisations and cultural heritage institutions to make copies of works in order to carry out text and data mining for the purposes of scientific research.
  • Article 4 creates an obligation to allow for the reproduction and extraction of lawfully accessible works for the purposes of text and data mining provided the works are not explicitly restricted by the righholders.
  • Article 5 provides for a mandatory copyright exception for the digital use of works for the sole purpose of illustration for teaching, provided such use a) takes place under the responsibility of an educational establishment, and b) is accompanied by indication of the source.
  • Article 6 introduces a mandatory copyright exception to allow cultural heritage institutions to make copies of works that are permanently in their collections, in any format or medium, for the purpose of preservation.
  • Article 7 provides that any contractual provision contrary to the exceptions provided for in Articles 3, 5 and 6 shall be unenforceable. Article 5(5) of Directive 2001/29/EC (“InfoSoc”) shall apply to the exceptions and limitations provided for under Title II of the Directive. The first, third and fifth subparagraphs of Article 6(4) of the InfoSoc Directive shall apply to Articles 3 to 6 of this Directive.

Two further consultation papers will issue at a later date seeking input on the transposition of the remaining areas covered by the Directive, namely; out-of-commerce works and extended collective licensing (articles 8-12), and fair remuneration (articles 18-23).

Respondents are requested to send their submissions in writing (clearly identifying the consultation paper number) and, where possible, by email to copyright@dbei.gov.ie.

Submissions to this consultation may be posted to: 

            Copyright Directive Consultation

            Consultation Paper No. 2

            Copyright Section

            Intellectual Property Unit

            Department of Business, Enterprise and Innovation

            23 Kildare Street

            Dublin 2

            D02 TD30

The closing date for submissions to this consultation is 5pm on Thursday, 14 November 2019. Any questions regarding the consultation can be emailed to copyright@dbei.gov.ie.

Published by Innovation and Investment Division

Topics: Intellectual Property

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