Academic Round Table event 28.11.2017
What was discussed
The panel included four academics, and each tackled a separate subject:
- Prof. Frank Gotzen presented the ALAI position on the Copyright Directive;
- Prof. Matthias Leistner spoke about the inconsistency in national case law that makes a European approach necessary;
- Prof. Antoon Quaedvlieg described Article 13’s conformity with the acquis communautaire;
- Dr. Silke von Lewinski took a closer look at Recital 38 and communication to the public.
Questions were then taken from the floor, which ranged from whether Article 13 would force monitoring of open access repositories, and whether the proposal could lead to a general monitoring obligation, to how blockchain would affect licensing, which were answered by the panelists in detail.
The event was well attended, with nearly 100 people present including MEPs, advisors, Commission officials, Member States’ representatives and stakeholders.
Strong, clear and elaborated academic views were presented in favour of a solution to the “transfer of value” problem based on the European Commission’s proposal. The precise and detailed information provided by some of the most world-renowned academics in the field of international and EU copyright law was highly appreciated by the participants.
- You’ll find the ALAI position on the Copyright Directive Proposal provisions on the transfer of value/value gap here, and further reflections here
- Prof. Matthias Leistner recently wrote a paper titled “Is the CJEU outperforming the Commission?” which looks at CJEU case law and the Commission’s proposal regarding ToV which you can read here
- Prof. Antoon Quaedvlieg prepared the following presentation as well as a memo (in Dutch) written for the Dutch Copyright Committee here
- Dr. Silke von Lewinski wrote an article earlier this year for the Kluwer copyright blog on Recital 38 and the compatibility of Article 13 with the acquis communautaire which you’ll find here
More reading on the transfer of value provisions here