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  • From: "T. Margoni" <thomas.margoni AT stir.ac.uk>
  • Cc: CC Europe <cc-europe AT lists.ibiblio.org>
  • Subject: Re: [CC-Europe] CC licences in EP resolution
  • Date: Fri, 22 Jan 2016 09:59:45 +0000

Thanks Paul for the interesting background information.

In connection to point 108, I find interesting point 45 (in the great Communia report) referring to the need of a pan European TDM exception. Importantly, the resolution does not make any reference to the non commercial scope of such exception (contra the UK exception), which I believe is also a very important aspect.

Best,

thomas

On 22/01/16 08:09, Paul Keller wrote:
On 22 Jan 2016, at 00:34, T. Margoni <thomas.margoni AT stir.ac.uk> wrote:

Are CC licences such a great "brand name" that even the recent European Parliament
resolution Towards a Digital Single Market Act only employs the acronym? Or are they talking
about something else since they want to "develop them"?

thanks Thomas! they are clearly talking about the CC licenses without fully
understanding what they are talking about. for context, this is a report in
response to a communication issued by the Commission, so this is nowhere near
any legislative action. Art 119 in particular is a bit of a grab bag of half
developed ideas in the area of education in the digital environment:

119. Welcomes the establishment of the Europe-wide grand coalition for
digital jobs, encourages businesses to join and urges the Commission and
Member states to facilitate the active participation of SMEs; welcomes the
Commission’s thoughts on constructing new knowledge storage systems for the
public sector by means of cloud technologies and text and data mining that
are certified and secured under data protection law; takes the view that
using such technologies calls for special training efforts in the library,
archiving and documentation professions; calls for digital forms of
collaborative work and communication – using and developing CC licences – to
be taught and applied across national and linguistic borders in education and
training, and in public research establishments, and to be promoted in public
procurement procedures; notes the vital role of dual training;
The mention of CC licenses ended up in the report via an amendement (AM 183)
to the opinion of the Culture and Education committee which was then
integrated into the final report. The original amendement was introduced by
the German socialist (die Linke) MEP Martina Michels. I am not aware of any
contacts that we have had with her in the past but maybe on the CC-Germany
team knows more about her apparent intrest in CC licensing.

>From the CC perspective the report also contains another interesting point.
Point 108 says:

Notes that the Commission's evaluation of the Directive on Databases
considers this directive an impediment to the development of a European
data-driven economy; calls on the Commission to follow-up on policy options
to abolish Directive 96/9/EC;

Given the amount of discussion the Sui Generis Database Database right has
caused in our community, it is interesting to see that the EP now wants the
directive that established the right abolished. Personally i would welcome
such a step, but it is not very likely that this will actually happen (This
is a report which has no impact on legislation whatsoever).

You can find some more background on other aspects of the report in this
analysis by COMMUNIA:
http://www.communia-association.org/2016/01/21/the-european-parliament-and-its-path-toward-a-digital-single-market-act/

/paul
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--
Dr. Thomas Margoni
Lecturer/Assistant Professor of Law
School of Law - University of Stirling
http://ssrn.com/author=1383303


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The University is ranked in the QS World Rankings of the top 5% of
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