European Commission Consultation

Response to the European Commission's Public Consultation on Copyright Reform

The public consultation closed Wednesday, the 5th of March 2014 (extended) La Quadrature's answer is here.

= Information on the Public Consultation =

In the European Union copyright is regulated by a 2001 Directive that each EU member state is committed to transpose into their national legal framework.

For the third time in as many years the European Commission has launched a public consultation on copyright in the European internal market. Despite the unambiguous signal sent by civil society and Members of the European Parliament through the rejection of the ACTA treaty in 2012, the Commission continues to fail to place the fundamental cultural right of individuals at the heart of copyright reform. La Quadrature du Net calls on all citizens and organisations to submit a response to this public consultation in order to push proposals that are in favour of a positive reform of copyright which is adapted to the digital environment.

Divorced from their citizens' expectations, the main objective of the European Commission in this consultation remains “whether further measures […] need to be taken at EU level […] to increase the cross-border availability of content services in the Single Market, while ensuring an adequate level of protection for right holders”. Furthermore, the Commission places this consultation within the same process as Licences for Europe which was met with failure last November. This public consultation again proposes simple contractual remedies to the challenges presented by the digital environment. Instead a revision of the basic principles of copyright law enshrined in the 2001/29 Directive is today more than ever in order.

LQDN's press release about the consulation: https://www.laquadrature.net/en/fundamental-cultural-rights-must-be-at-the-heart-of-copyright-reform-in-europe LQDN's answer: https://www.laquadrature.net/en/european-commission-public-consultation-on-copyright-la-quadrature-du-nets-answer

= The Questionnaire =

The European Commission has dedicated a website to this public consultation on which you will find a lot of practical information and the consultation questionnaire itself. The questionnaire is 36 pages long and includes 80 questions ... but there is need to be intimidated or put off by its length: There is no requirement to reply to all questions. Reply freely according to your own experiences and preoccupations.

How to Submit Your Answer?
The European Commission committed itself to taking all contributions into account. It is essential that the maximum number of citizens respond to encourage the Commission to adopt a positive copyright reform which is adapted to contemporary cultural practices.

The public consultation officially ends on Wednesday, the 5th of March 2014 (extended), but a politely phrased email with your response attached will probably be accepted even a few days late.

 To submit a response to the consultation on the Commissions' report on copyright:
 * Copyright rules.
 * Or email by clicking here [mailto:markt-copyright-consultation@ec.europa.eu?subject=Citizen%20response%%20to%20the%20public%20consultation%20on%20copyright to send your response] (opens in a new email window)

(Add La Quadrature in blind copy (BBC) ([mailto:contact@laquadrature.net contact@laquadrature.net]) so that we have an idea of the number of submissions! Note that all submissions will, after the deadline for submissions, be published online as is clearly stated on the Commission's website)


 * You can reply to the consultation in any language of the EU.
 * Your response can be as long or short as you want.
 * You do not need to reply to all questions. Choose the ones that most concern you.
 * Once you completed the questionnaire, copy-paste your answers or attach it to an email and send it off :)

If you experience any problems don't hesitate to ask for help by sending an email to contact@laquadrature.net or on the La Quadrature IRC channel.

= Relevant Websites and Resources =

The Propositions by La Quadrature du Net on Copyright Reform
After the rejection of ACTA by the European Parliament, La Quadrature du Net elaborated a positive copyright reform proposal that focuses on the recognition of the rights of the individual to use and share cultural products, while proposing the new ways to finance creativity and innovation.

La Quadrature du Net developed a response to the Commission's questionnaire based on the following points. You may use these when preparing your own response.

La Quadrature du Net places their proposals at the service of the European citizen:
 * Elements for the reform of copyright and related cultural policies

Chapter proposals:
 * 1. Giving legal recognition to the non-market sharing of digital works between individuals through the exhaustion of rights doctrine
 * 2. Legitimacy of referring and linking
 * 3. Solid exceptions for educational and research practices
 * 4. Library and archive rights to make available orphan works free-of-charge and with wide use rights
 * 5. Freedom of non-market collective use
 * 6. Resource pooling: new financing sources adapted to digital culture and its many contributors and projects
 * 7. Legal requirements for fair publishing and distribution contracts
 * 8. A preventive competition policy against distribution monopolies and their abuse
 * 9. Reform of collective management
 * 10. Keeping pollution by advertising under control
 * 11. Effective norms for the enforcement of network neutrality
 * 12. Compulsory registration or copyright 2.0
 * 13. Cultural public funding and tax reform
 * 14. A positive statute for the public domain and the voluntary commons

New chapter, specially prepared for this consultation:
 * 15. No additional involvement of technical intermediaries in the application of copyright

Further Resources
The wiki page dedicated to Studies on file sharing can provide arguments to prepare your response.

Several organisation offer helpful resources to reply to the questionnaire:
 * Copywrongs website that helps users respond to the consultation according to the situation
 * You can fix copyright : similar to Copywrongs website.
 * Model responses by the Pirate Party.
 * What Do You Want From Copyright? Tell the EU now and Change the Future of Global Innovation Policy by EFF.

La Quadrature du Net's answer is here.

= What are the issues relevant to me? =

Copyright law looks like a complex subject and might seem removed from your immediate preoccupations. But a growing number of citizens are directly affected by it on a daily basis. We propose this guide which breaks down relevant issues according to your relationship to the internet. Click on the link that corresponds most to your situation(s).

You host a website (for example a blog or forum)
= Model Responses =

The most effective responses are those written by individuals that reflect their personal experience and preoccupations. Generic responses sent by several people might not be taken into account and will give the impression that their senders didn't accord much importance to the subject, i.e. they did not take the time to write their own personalised message. Do not hesitate however, to read the model responses proposed by websites in "Further resources" and the ones below, in help you get and idea of how to write your own reply. Moreover you are warmly encouraged to add your own response to this wiki site.


 * Ante's answer (from the FFII e.V. working group on ACTA)
 * Model responses by the Pirate Party
 * Glyn Moody's answer
 * EDRI's answer
 * April's answer
 * (fr) Parinux.org's answer
 * Add yours here!

= Spread the Word =

The impact of our message on this consultation process is relative to the number of citizen reponses submitted. The greater of number, the more our message will be heard. Mention this consultation and the importance of responding to it to everyone you know, or you might want to even start a campaign... all means are justified in order to spread the word!