March 7, 2016
The talk focused on the European Commission’s most recent effort to curtail the territoriality of copyright as part of its drive to create a Digital Single Market: the Proposed Regulation on cross-border portability. In the field of copyright, the Proposal entails the unprecedented use of a very powerful legislative tool. The presentation looked at why a regulation was chosen and described the main components of this initiative: a blunt “legal fiction”, a strict platform obligation and a broad limitation on contractual freedom. It also reviewed the safeguards proposed to temper the blow from this exceptional intervention in the marketplace and considered the impact on licensing in the audio-visual sector. With the Proposed Regulation safely in the hands of the EU’s co-legislators and the debate just getting under way, the Commission is now considering whether there are any lessons for the Internet to learn from a Directive adopted in 1993. More information about the seminar can be found here.