Here.Press Release, here.
Some highlights:
"The principle of EU exhaustion of the distribution right applies in the case of the distribution of physical copies (e.g. when a tangible article such as a CD or a book, etc. is sold, the right holder cannot prevent the further distribution of that tangible article). The issue that arises here is whether this principle can also be applied in the case of an act of transmission equivalent in its effect to distribution (i.e. where the buyer acquires the property of the copy). This raises difficult questions, notably relating to the practical application of such an approach (how to avoid re-sellers keeping and using a copy of a work after they have “re-sold” it – this is often referred to as the “forward and delete” question {The UsedSoft ruling had an answer to that} as well as to the economic implications of the creation of a second-hand market of copies of perfect quality that never deteriorate (in contrast to the second-hand market for physical goods) {also, technical solutions possible?}
Some highlights:
"The principle of EU exhaustion of the distribution right applies in the case of the distribution of physical copies (e.g. when a tangible article such as a CD or a book, etc. is sold, the right holder cannot prevent the further distribution of that tangible article). The issue that arises here is whether this principle can also be applied in the case of an act of transmission equivalent in its effect to distribution (i.e. where the buyer acquires the property of the copy). This raises difficult questions, notably relating to the practical application of such an approach (how to avoid re-sellers keeping and using a copy of a work after they have “re-sold” it – this is often referred to as the “forward and delete” question {The UsedSoft ruling had an answer to that} as well as to the economic implications of the creation of a second-hand market of copies of perfect quality that never deteriorate (in contrast to the second-hand market for physical goods) {also, technical solutions possible?}
Finally, the question of flexibility and adaptability is being raised: what is the best mechanism
to ensure that the EU and Member States’ regulatory frameworks adapt when necessary
(either to clarify that certain uses are covered by an exception or to confirm that for certain
uses the authorisation of rightholders is required)? The main question here is whether
a greater degree of flexibility can be introduced in the EU and Member States regulatory
framework while ensuring the required legal certainty, including for the functioning of the
Single Market, and respecting the EU's international obligations. {pretty straightforward answer: yes, on all accounts}.
Teaching (exception)
Some argue that the law should provide for better possibilities for distance learning and study at home {indeed: my longish take here, Italian only}.
Marrakesh Treaty
The EU and its Member States have started work to sign and ratify the Treaty {how far advanced are they, really? }This may require the adoption of certain provisions at EU level (e.g. to ensure the possibility to exchange accessible format copies across borders).
A specific Working Group was set up on this issue in the framework of the "Licences for Europe" stakeholder dialogue. No consensus was reached among participating stakeholders on either the problems to be addressed or the results. At the same time, practical solutions to facilitate text and data mining of subscription-based scientific content were presented by publishers as an outcome of “Licences for Europe”. In the context of these discussions, other stakeholders argued that no additional licences should be required to mine material to which access has been provided through a subscription agreement and considered that a specific exception for text and data mining should be introduced {following some proposals at State level...Shouldn't it be the other way round?} possibly on the basis of a distinction between commercial and non-commercial.
Teaching (exception)
Some argue that the law should provide for better possibilities for distance learning and study at home {indeed: my longish take here, Italian only}.
Marrakesh Treaty
The EU and its Member States have started work to sign and ratify the Treaty {how far advanced are they, really? }This may require the adoption of certain provisions at EU level (e.g. to ensure the possibility to exchange accessible format copies across borders).
A specific Working Group was set up on this issue in the framework of the "Licences for Europe" stakeholder dialogue. No consensus was reached among participating stakeholders on either the problems to be addressed or the results. At the same time, practical solutions to facilitate text and data mining of subscription-based scientific content were presented by publishers as an outcome of “Licences for Europe”. In the context of these discussions, other stakeholders argued that no additional licences should be required to mine material to which access has been provided through a subscription agreement and considered that a specific exception for text and data mining should be introduced {following some proposals at State level...Shouldn't it be the other way round?} possibly on the basis of a distinction between commercial and non-commercial.
