International Seminar

Copyright Exceptions and Limitations within the Scope of the Review of the EU Copyright Framework

26 – 27 March, 2015

EU House, Aspazijas Boulevard 28, Riga, LATVIA

RG-foto-origmb.jpgIlonaPetersone.jpgAiming to contribute to the discussion on the review of the European copyright framework, Latvian Presidency of the Council of the European Union supported by the European Commission organised an international seminar on the issue, which is at the very core of this discussion process. Copyright exceptions and limitations serve as an effective policy tool to ensure proper balance between interests of all kind of stakeholders involved in creation and consumption of the content protected by copyright. To reach this balance of interests or even try to accommodate them in solution, which would provide benefits for all the parties involved, is a challenge for both – European and national – legislators. The seminar had emphasis on the perspective provided by the academia. Almost two days of valuable presentations and exchange of views among the speakers and the participants of the seminar proved that the effective involvement of the representatives of the scientific world is crucially important for the fruitful discussion on the possible changes of the copyright framework and provides very useful input for further deliberations of the policy makers and other parties.

Moderators of the seminar – Dr. Rihards Gulbis & Ms. Ilona Pētersone

(Copyright Division, Ministry of Culture of Latvia)

Program of the Seminar

Opening of the seminar (video)

Dr. Rihards Gulbis Head of Copyright Division, Ministry of Culture of Latvia

Maria Martin-Prat Head of Copyright Unit, DG Communications Networks, Content and Technology, European Commission

Plenary session I: The current EU legal framework of exceptions and limitations and its impact on functioning of the EU single market (video)

Presentations by:

Silke von LewinskiProf., Research Associate, Max Planck Institute for Innovation and Competition

“Copyright Exceptions and Limitations within the Scope of the Review of the EU Copyright Framework”

Martin R.F. Senftleben – Prof. of Intellectual Property and Director, Kooijmans Institute for Law and Governance, VU University Amsterdam

“The Three-Step Test Tragedy”

Jonathan Griffiths – Reader in Intellectual Property Law, Queen Mary, University of London

“The Role of the Court of Justice in Interpreting Exceptions & Limitations”

Alain Strowel Prof., UCLouvain, Saint-Louis University, Brussels

“Private copying and fair compensation”

Moderator: Ilona PētersoneSenior Legal Adviser of Copyright Division, Ministry of Culture of Latvia

Plenary session I (continued) (video)

Joint panel of all speakers of the plenary session I

Indicative discussion points:

  •           How does the optional nature of exceptions and limitations affect the functioning of the EU single market;
  •           Application of existing exceptions and limitations and the role of the Court of Justice of the European Union;
  •           Impact of the existing legal framework on the cross-border cooperation between cultural institutions and on the provision of educational services;
  •           Interpretation of the three-step test in practice.

Moderator: Ilona PētersoneSenior Legal Adviser of Copyright Division, Ministry of Culture of Latvia

Plenary session II: Review of the EU Copyright framework of exceptions and limitations – the possible ways forward (video)

Presentations by:

Thomas Dreier – M.C.J., Prof., Director, Institute for Information and Economic Law, Karlsruhe Institute of Technology (KIT)

“Fundamental Thoughts on Limitations & Exceptions”

Valérie-Laure Benabou – Prof., University of Versailles

“Exceptions tomorrow: what for? To what extent?”

Moderator: Dr. Rihards Gulbis Head of Copyright Division, Ministry of Culture of Latvia

Plenary session II (continued) (video)

Séverine Dusollier – Prof., SciencesPo, Paris and University of Namur

Guiding principles for review of copyright exceptions

Joint panel of all speakers of the plenary session II

Indicative discussion points:

  •           Exceptions and limitations – adjusting to the digital environment;
  •           The EU legal framework of exceptions and limitations – seeking balance between legal certainty and flexibility;
  •           Review of the scope of exceptions and limitations – regulation of new uses of works and other subject matter in the digital environment;
  •           The necessary extent of the harmonization of exceptions and limitations.

Moderator: Dr. Rihards Gulbis Head of Copyright Division, Ministry of Culture of Latvia

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