[Osmf-talk] Copyright in the Digital Single Market

[Simon Poole]

The problem with the proposed regulation as is, is that there are no
safe harbour terms.  With other words a "platform" is liable for user
submitted content no matter what.

For large parts of the creative industry that is not such a big issue,
because you can negotiate agreements with the collecting societies (or
the government puts tariffs in place that you simply need to pay) see
https://en.wikipedia.org/wiki/Copyright_collective These are the
organisations that for example collect fees from radio and TV stations,
from sales empty data carriers (DVDs etc) and hard disks, use of copying
machines and so on, and distribute the received funds to their members. 

Well known example is youtube paying fees to GEMA, but anybody that has
ever played or broadcasted music publicly knows this (or at least should
know, because they undoubtedly owe money to the respective collection
society) .

Essentially the legislation intends to force "platforms"  to enter in to
such agreements with collecting societies where they exist, the
difficult part is where these don't exist or only represent part of the
right holders or special cases. For example Wikipedia (use in an
encyclopedia) or OSM (subject matter). From the wording of the proposed
regulation it is completely clear that the notion of users owning the
rights in the uploaded content themselves didn't even remotely cross the
minds of the legislators.

Simon

PS: many aeons ago (aka 90 something) I was part of a multi-stakeholder
group that explored potential tariffs for Internet use of classical
creative works (music, print and so on). I have to say that the
arguments on both sides haven't really changed at all.


Am 13.09.2018 um 08:47 schrieb Jaak Laineste:
>
> Can you do quick summary what is the issue or threat for OSM exactly
> here, in layman's terms? 
>
> I understand how Wikimedia as generic platform has their concerns, as
> they may need to cite articles from traditional media etc. AFAIK OSM
> has very "appropriate and proportionate " measures in place since the
> beginning, just as required in the bill, to protect against illegal
> upload of copyrighted content, which are illegal imports in our terms.
> It is never bullet-proof, but I don't see any legal risk or trouble
> here. Of course it could be me being ignorant or naive.
>
> Jaak
>
>
>> On 12 Sep 2018, at 23:02, Manfred A. Reiter <ma.reiter at gmail.com
>> <mailto:ma.reiter at gmail.com>> wrote:
>>
>> In Brussels, politicians decide things that might endanger
>> OpenStreetMap as a project as a whole.
>>
>> http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//TEXT+AGENDA+20180912+SIT+DOC+XML+V0//EN
>> Copyright in the Digital Single Market
>> /Report: * Axel Voss* (A8-0245/2018
>> <http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&reference=A8-2018-0245&language=EN>)/
>> Report on the proposal for a directive of the European Parliament and
>> of the Council on copyright in the Digital Single Market
>> [COM(2016)0593
>> <http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi%21celexplus%21prod%21DocNumber&lg=EN&type_doc=COMfinal&an_doc=2016&nu_doc=0593> - C8-0383/2016 - 2016/0280(COD)
>> <http://www.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2016/0280%28COD%29>]
>> Committee on Legal Affairs
>>
>> Why doesn't the official representation of the community comment on
>> these eminently important things?
>> No tweets, no press release, nothing! - Or did I miss something?
>>
>> Is the OSMF aware that politicians may not understand what their
>> decisions mean for OSM?
>> May I know, what OSMF did to defend our data and our project like
>> Wikimedia does?
>> Or are tweets like this
>> https://twitter.com/WikimediaDE/status/1039873938598363136 nonsens?
>> Ortter.com/WikimediaDE/status/1039873938598363136
>> <http://Ortter.com/WikimediaDE/status/1039873938598363136>
>> https://twitter.com/WikimediaDE/status/103987393859836313
>> cheers
>>
>> -- 
>> ## Manfred Reiter - -
>> ## www.weeklyOSM.eu <http://www.weeklyosm.eu/>
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>
>
>
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