EU Directive: Copyright in the Digital Single Market
By Chris J Holland, on 4 April 2019
The new copyright directive, the DSM Directive is nearing the completion of its long journey through the EU legislative procedure. The latest version, has been approved by the European Parliament and now goes back to the Council. Previously there were very few mandatory exceptions to copyright in EU legislation. One of the important aspects of the DSM Directive is that it introduces a number of exceptions which are indeed mandatory for all member states, departing from the smorgasbord approach of the previous Infosoc Directive which presented a number of exceptions from which member states could pick and choose.
The new exceptions, such as Text and Data Mining exception and Preservation exception are generally favourable to libraries and research. The UK is already ahead of the game to some extent, for example in having a TDM exception, but in some cases the DSM exceptions would enhance and go further than what we have already and also have the advantage of operating across borders within the EU.
It is a moot point whether the DSM Directive will ever be implemented in the UK or whether the timing of Brexit will prevent that happening.