EU-DSM directive: March 2020 update

In June 2019, the new European Copyright Directive entered into force. Countries have until June 2021 to implement it in their national laws.

 

Process

Each country has its own process and timetable to prepare for the implementation of this reform.

Some countries like Germany and the Netherlands already started the implementation process in September 2019, followed by Spain in December 2019.

Many countries are also engaged in meetings with stakeholders (libraries, publishers, collective management organisations, organisations representing users’ rights) such as Belgium, Sweden, Finland, while others have issued questionnaires on the different articles such as Romania. Still others have yet to begin the process formally.

Meanwhile countries of the European Economic Area such as Norway and Iceland have not yet started but are closely monitoring the exchanges.

 

Implementation and COVID-19

The current situation of European countries with regard to COVID-19 has already started to impact the implementation schedule.

The stakeholder dialogue concerning Article 17, at which IFLA is represented, and whose objective is to define guidelines for the implementation of Article 17 in national laws in respect of copyright and users’ rights, was to have its 7th meeting on 30 March but has been postponed to a previously unknown date.

The date for the submission of contributions on Slovenia’s implementation, also originally scheduled for 30 March, has been also postponed to 30 April.

Sweden has cancelled meetings to discuss the directive with stakeholders and concentrates on written communications.

 

The involvement of library associations and institutions

In each country, the library sector is attentive to the evolution of the transposition process which, if properly done, will have positive consequences for users. To achieve this, library associations and libraries in the concerned countries are making the needs of their colleagues and users heard by their governments and other stakeholders.

The provisions in the articles concern subjects directly affecting the library field, such as

_ Text and Data Mining (Articles 3 and 4)

_ Use of Works in Teaching Activities (article 5)

_ Preservation of Cultural Heritage (article 6)

_ Contract Override and Technological Protection Measures (article 7)

_ Out-of Commerce Works (Articles 8-11)

_ Works in the Visual Art in the Public Domain (Article 14)

_ Press Publishers Right (Article 15)

_ Use of protected content by online content-sharing service providers (Article 17)

 

Please see these additional articles to learn more about the subject:

European Copyright Directive Implementation Advances: How Can you Get Involved?

3 reasons why libraries should care about the EU-Digital Single Market Directive

 

Please contact Camille Francoise, camille.francoise@ifla.org for additional information.