New Opinion of the CEIPI on the European Commission’s Proposal to Reform Copyright Exceptions and Limitations in the EU


In order to contribute to the work on the ongoing copyright reform at the EU level, CEIPI drafted an Opinion on the proposal to amend the existing system of exceptions and limitations to copyright in the EU, as presented in the European Commission’s Proposal for a Directive on copyright in the Digital Single Market of 14 September 2016. Other topics of the reform are reviewed in separate position papers.

The Opinion supports the Commission’s proposal to introduce mandatory exceptions and limitations, promoting harmonisation and facilitating thus the creation of the Digital Single Market. The document provides a preliminary assessment of the proposed exceptions and limitations, draws attention to their selected aspects and considers room for improvement where necessary. The analysis focuses on the provisions of the Directive Proposal on text and data mining, on teaching activities and on preservation of cultural heritage. More generally, the Opinion recommends extending the scope of the reform by rendering other exceptions and limitations mandatory and by creating, in addition to the listed exempted uses, an opening clause that would secure the adaptability of the system in the future to new social, economic and technological developments. Such an opening clause would provide the legal framework with the necessary flexibility to address new uses justified by important public interest rationales not covered by the existing exceptions and limitations.

CEIPI follows and comments the main developments in the area of intellectual property at national, European and international levels. Development of a balanced and efficient intellectual property system of the European Union is of great interest to the centre. This Opinion follows the previous CEIPI Opinion on the proposed introduction of neighbouring rights for press publishers.

Please click here to access the Directive Proposal, the Impact Assessment and the Opinion of CEIPI.

To access previous position papers click here