Upcoming Modernisation of Copyright: Mandatory Exceptions
The European Commission has made a proposal for a directive that is intended to update copyright law to cope with the modern age in which online services are becoming increasingly important. The proposal is part of the 'Digital Single Market Strategy' of the EU: a set of initiatives to create a free trans-border market for online trade and content.
The proposed directive (“DSM directive”) supplements the current Copyright Directive with a number of regulations. For instance, the DSM directive introduces exceptions to copyright that all EU member states must include in their national regulations. More will therefore be permitted in the follow areas:
In a number of countries, including the Netherlands, these exceptions already exist to some extent, but by giving them a mandatory character, the DSM directive provides for harmonisation and legal certainly throughout the EU. This increases the possibilities for use of copyright protected material by these organisations everywhere in the EU. It will however take some time before they can reap the fruits of this: the proposal is currently still being discussed in the Senate.
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