Tag Archives: Dissemination of information

Towards a single market in creative content online

Outline of the Community (European Union) legislation about Towards a single market in creative content online

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Information society > Internet Online activities and ICT standards

Towards a single market in creative content online

Document or Iniciative

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 3 January 2008 on Creative Content Online in the Single Market [COM(2007) 836 final – Not published in the Official Journal].

Summary

This Communication covers a wide range of subjects related to the online creative content sector *. It marks the launch by the Commission of its “online content” initiative, the aim of which is to enhance the availability of online creative content through developing new and innovative business models, and ensuring additional income for all those involved in the value chain.

It also aims to foster the emergence of a single European market for online music, films and games.

The continuous widespread availability of broadband internet access (roll-out of advanced mobile networks) and content distribution possibilities (mass availability of digital devices) are opening up new prospects for both the European online content industry and European consumers.

According to some studies covering the 25 Member States, revenue from the sale of online content will go from EUR 1.8 billion in 2005 to EUR 8.3 billion in 2010.

Existing regulation of the European online content sector is too fragmented and lacks transparency. One of the main objectives of the strategic i2010 framework launched in 2005 is the creation of an open and competitive market for the services of the European Union (EU) information society.

However, this situation gives rise to new challenges, ranging from copyright to consumer safety and technical (radio spectrum and broadband) issues. This Communication specifically relates to the distribution of online content.

Challenges associated with developing a single market for creative content online

Three objectives need to be met to ensure the transfer of creative content services to an online environment, namely:

to encourage European content contributing to European competitiveness while fostering the diversity of content creation and Europe’s cultural and linguistic heritage;
to modernise the legal framework relating to distribution of creative content taking into account copyright for the creation of content;
fostering the active role of users in content creation, selection and distribution.

On the basis of the public consultation held in 2006 on these issues, the Commission identifies the main challenges which merit Community action:

availability of creative content;
development of multi-territory licensing;
interoperability and transparency of Digital Rights Management systems (DRMs);
fight against piracy and illegal downloading of copyright-protected content.

The lack of availability of creative content intended for online distribution and the few operating licences granted to new platforms remain the main obstacles to the development of services proposing online content. The availability of creative content is not sufficiently stimulated by the development of new forms of distribution. Copyright holders fear losing control since the development of piracy in the digital environment has proved to be very damaging and distributors cannot reach agreement with content owners on the terms of trade for exploitation of content. This situation prevents licensing on new platforms for online content. Another concern relates to the high cost of transactions related to the granting of rights. By enhancing its role of facilitator at the heart of the new platform for discussion on online content, the Commission wishes to establish constructive dialogue between stakeholders.

The lack of multi-territory licences for creative content makes it difficult for online services to make full use of European cultural works outside their national markets, while content services are available across the Internal Market. The Commission had already recommended the implementation of a multi-territory licensing system specific to the field of musical words online.

The Commission encourages the establishment of a framework for the interoperability * and transparency of Digital Rights Management Systems which would enable copyright holders to enforce compliance in the digital environment while guaranteeing clear information for consumers on the terms of use for downloaded content and on the interoperability of corresponding online services.

The Commission invites access and service providers, copyright holders and consumers to work closely together on the basis of a “code of conduct” to combat online piracy and ensure that a wide range of online services are available legally.

Twofold approach: communication and consultation

The Commission’s approach is twofold. On the one hand, establishment of a new framework for discussion between stakeholders by creating a platform for discussion on all the issues raised by online creative content (content availability, improvement of mechanisms for the granting of rights, the development of multinational licensing, online copyright management, cooperation mechanisms to improve compliance with copyright in an online environment, etc.) and, on the other hand, preparation for the adoption of a Proposal for a Recommendation on online creative content by mid-2008.

By referring to the Annexes to this Communication, stakeholders are invited to give their views by 29 February on the main challenges associated with the development of a single market in creative content online.

Key terms used in the act
Creative content online: content and services such as online audiovisual creations (cinema, television, music and radio), online games, online publication, online educational content and content created by users. Interoperability: interoperability means that several systems, whether identical or radically different, can communicate without ambiguity and work together. Interoperability is a very important concept for the global telephone network and the Internet, which are essentially heterogeneous networks, where diverse and varied equipment intersects. Communications must therefore comply with clear and uniform standards.

Key terms used in the act

Creative content online: content and services such as online audiovisual creations (cinema, television, music and radio), online games, online publication, online educational content and content created by users.
Interoperability: interoperability means that several systems, whether identical or radically different, can communicate without ambiguity and work together. Interoperability is a very important concept for the global telephone network and the Internet, which are essentially heterogeneous networks, where diverse and varied equipment intersects. Communications must therefore comply with clear and uniform standards.

Related Acts

Council Conclusions of 20 November 2008 on the development of legal offers of online cultural and creative content and the prevention and combating of piracy in the digital environment [Official Journal C 319 of 13.12.2008].
The European Council notes in its conclusions that the online distribution of cultural and creative assets is a factor in accessing culture, in economic development, employment and cultural diversity. Its development potential in Europe is considerable but may be impeded by online piracy which infringes the remuneration of copyright holders and holders of related rights.
The Council invites Member States to draw out solutions with a view to combating online piracy whilst encouraging the development of the legal offer. Furthermore, Member States are also invited to promote audiovisual and film offer notably through the implementation of the Directive on audiovisual media services. In this regard, the European Commission is invited to cooperate closely with Member States.

Health and safety at work – general rules

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Health and safety at work – general rules

Outline of the Community (European Union) legislation about Health and safety at work – general rules

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Employment and social policy > Health hygiene and safety at work

Health and safety at work – general rules

Document or Iniciative

Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work [See amending act(s)].

Summary

This Directive establishes base rules on protecting the health and safety of workers *. The measures provided in the Directive aim to eliminate the risk factors for occupational diseases and accidents.

These measures apply to all sectors of activity, both public and private, with the exception of certain specific activities in the public (e.g. army, police, etc.) and civil protection services.

Employers * are obliged to ensure the health and safety workers in every aspect related to the work, including if they enlist external companies or persons. Member States may limit this responsibility in the case of force majeure *.

The employer shall establish means and measures for protecting workers. These involve activities of prevention, information and training workers, particularly to:

avoid risks or manage those risks that cannot be avoided;
give appropriate instructions to workers by promoting common protective measures;
adapt working conditions, equipment and working methods by taking into account developments in techniques.

The protection means and measures should be adapted in cases where the working conditions change. In addition, the employer should take into account the nature of the activities of the company and the capabilities of the workers.

If workers from several companies work in the same work place, the different employers shall cooperate and coordinate their protective measures and risk prevention measures.

In addition, activities of first aid, fire-fighting and the evacuation of workers in serious and immediate danger must be adapted to the nature of the activities and to the size of the company. The employer must inform and train those workers who could be exposed to serious and immediate danger.

The employer shall establish protective and preventative services in their company or establishment, including with regard to activities of first aid and reacting to serious danger. The employer shall therefore appoint one or several trained workers to ensure that the measures are followed or to call the external services.

Monitoring the health of workers is ensured by the measures fixed in accordance with national legislation and practice. Each worker may request a health check at regular intervals.

Groups of people at risk or particularly sensitive people should be protected against dangers which could affect them specifically.

Consulting workers

Employers shall consult workers and their representatives concerning all the issues related to health and safety at work.

Workers’ representatives can suggest that the employer takes particular measures. They can enlist the national competent authorities if the employer fails to fulfil their duty.

Workers’ obligations

Each worker must take care of their own health and security and that of persons affected by their acts or by their omissions at work. In accordance with the training given and the instructions of their employers, in particular workers must:

use equipment, tools and substances connected to their activity of work correctly;
use personal protective equipment correctly;
refrain from disconnecting, changing or removing arbitrarily safety devices fitted;
immediately inform the employer of any work situation which represents a serious and immediate danger.

Context

This Framework Directive is supplemented by the sectoral Directives (listed in the Annex), in particular concerning the use of personal protective equipment and manual handling work.

Key terms
Worker: any person employed, including trainees and apprentices, but excluding domestic workers; Employer: any natural or legal person who has an employment relationship with a worker and has responsibility for the undertaking and/or establishment; Force majeure: situation where the events due to extraordinary and unforeseeable circumstances outside of the control of the employer, have consequences which could not have been avoided despite all the measures being taken.

Key terms

Worker: any person employed, including trainees and apprentices, but excluding domestic workers;
Employer: any natural or legal person who has an employment relationship with a worker and has responsibility for the undertaking and/or establishment;
Force majeure: situation where the events due to extraordinary and unforeseeable circumstances outside of the control of the employer, have consequences which could not have been avoided despite all the measures being taken.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 89/391/EEC	19.6.89	31.12.92	OJ 183, 29.6.89

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Regulation (EC) No 1882/2003	20.11.2003	–	OJ L 284, 31.10.2003
Directive 2007/30/EC	28.6.2007	31.12.2012	OJ L 165, 27.6.2007
Regulation (EC) No 1137/2008	22.10.2008	11.12.2008	OJ L 311, 21.11.2008

The successive amendments and corrections to Directive 89/391/EEC have been incorporated into the original text. This consolidated version is of documentary value only.

Market abuse

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Market abuse

Outline of the Community (European Union) legislation about Market abuse

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Financial services: transactions in securities

Market abuse

Document or Iniciative

Directive 2003/6/EC of the European Parliament and of the Council of 28 January 2003 on insider dealing and market manipulation (market abuse) [See amending acts].

Summary

This Directive aims at preventing market abuse in order to preserve the smooth functioning of European Union financial markets.

This Directive does not apply to transactions relating to:

monetary policy, exchange rates or public debt management by a Member State;
the European System of Central Banks;
national central banks.

Conditions for the prohibition of market abuse

Market abuse may arise in circumstances where investors have been unreasonably disadvantaged, directly or indirectly, by others who:

have used information which is not publicly available (insider dealing);
have distorted the price-setting mechanism of financial instruments;
have disseminated false or misleading information.

This type of conduct can undermine the general principle that all investors must be placed on an equal footing.

The Member States therefore prohibit any person possessing information from:

disclosing privileged information to any other person outside the scope of the exercise of their employment;
recommending any other person to acquire or dispose of financial instruments to which that information relates;
engaging in market manipulation.

These prohibitions do not apply either to trading in own shares in “buy-back” programmes or to the stabilisation of a financial instrument.

Managing information from the issuers of financial instruments

The issuers of financial instruments must publish information which concerns the said issuers as soon as possible and post it on their website. If an issuer discloses privileged information to a third party in the exercise of his duties, he must make public disclosure of that information.

Issuers must also draw up a list of persons in their employment who have access to privileged information.

The European Securities and Markets Authority (ESMA) may draft technical norms for implementation aimed at ensuring that acts adopted by the Commission are applied under uniform conditions.

Cooperation

The Directive requires each Member State to designate a single regulatory and supervisory authority with a common minimum set of responsibilities. These authorities use convergent methods to combat market abuse and should be able to assist each other in taking action against infringements, particularly in cross-border cases. The administrative cooperation procedure followed could in particular help to combat terrorist acts. The competent authorities are to collaborate with the ESMA.

Penalties

The same form of wrongful conduct shall incur the same penalty in each of the Member States.

If a competent authority adopts an administrative measure or penalty, it must inform the ESMA. If said penalty concerns an investment firm authorised pursuant to the Markets in Financial Instruments Directive (MiFiD), the ESMA shall add a reference to that penalty in the register of investment firms.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 2003/6/EC	12.4.2003	12.10.2004	OJ L 96, 12.4.2003

Amending act(s)	Entry into force	Deadline for transposition in the Member States	Official Journal
Directive 2008/26/EC	21.3.2008	–	OJ L 81, 20.3.2008
Directive 2010/78/EU	4.1.2011	31.12.2011	OJ L 331, 15.12.2010

Successive amendments and corrections to Directive 2003/6/CE have been incorporated in the basic text. This consolidated version is for reference purpose only.

Related Acts

Directive 2008/26/EC of the European Parliament and of the Council of 11 March 2008 amending Directive 2003/6/EC on insider dealing and market manipulation (market abuse), as regards the implementing powers conferred on the Commission [Official Journal L 81 of 20.3.2008].

Commission Directive 2004/72/EC of 29 April 2004 implementing Directive 2003/6/EC of the European Parliament and of the Council as regards accepted market practices, the definition of inside information in relation to derivatives on commodities, the drawing up of lists of insiders, the notification of managers’ transactions and the notification of suspicious transactions [Official Journal L 162, 30.04.2004].
This Directive defines the criteria to be taken into account when evaluating market practices for the purpose of implementing Article 6(10) of Directive 2003/6/EC. The practices of market participants must comply with the principles of fairness and efficiency in order to protect the integrity of the market. These practices must not compromise the integrity of other European Union markets that are linked to it.

Commission Directive 2003/124/EC of 22 December 2003 implementing Directive 2003/6/EC of the European Parliament and of the Council as regards the definition and public disclosure of inside information and the definition of market manipulation [Official Journal L 339, 24.12.2003].
This Directive fixes the detailed criteria for determining information that must be deemed to be of a precise nature and likely to have a significant effect on prices. In addition, it specifies a series of factors that are to be taken into consideration in determining whether specific behaviour constitutes market manipulation. Regarding issuers, it lays down the means and time-limits for public disclosure of inside information and the precise circumstance in which they are authorised to delay such public disclosure in order to protect their legitimate interests.

Commission Directive 2003/125/EC of 22 December 2003 implementing Directive 2003/6/EC of the European Parliament and of the Council as regards the fair presentation of investment recommendations and the disclosure of conflicts of interest [Official Journal L 339, 24.12.2003].
This Directive fixes the rules for the fair presentation of investment recommendations and the disclosure of conflicts of interest. It draws a distinction between persons producing investment recommendations (who must meet stricter standards) and those disseminating recommendations made by third parties. Under Article 6 of the Directive on market abuse, this second implementing Directive must take into account the rules, including self-regulation, governing the profession of journalist. This means that the highly specialised subcategory of financial journalists who produce or disseminate investment recommendations must respect certain general principles. Nevertheless, protective measures are provided for and the use of self-regulatory mechanisms is authorised in order to determine how those basic principles must be applied. The aim of this arrangement is to preserve the freedom of the press while protecting investors and issuers against any risk of market manipulation by journalists.

Another Normative about Market abuse

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic

Internal market > Financial services: transactions in securities

Market abuse (Proposal)

Orphan works

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Orphan works

Outline of the Community (European Union) legislation about Orphan works

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Businesses in the internal market > Intellectual property

Orphan works

Proposal

Proposal for a Directive of the European Parliament and of the Council of 24 May 2011 on certain permitted uses of orphan works [COM(2011) 289 final – Not published in the Official Journal].

Summary

This Proposal establishes a legal framework concerning orphan works * taking the form of:

books, journals, newspapers, magazines or other writings;
cinematographic or audiovisual works contained in the collections of film heritage institutions;
cinematographic, audio or audiovisual works belonging to the archives of public service broadcasting organisations.

It applies to all works which are protected by the Member States’ legislation in the field of copyright.

This Proposal defines the conditions governing the use of orphan works by:

publicly accessible libraries;
publicly accessible educational establishments;
publicly accessible museums;
archives;
film heritage institutions;
public service broadcasting organisations.

What are the parameters for identifying an orphan work?

The organisations referred to above are required to carry out a diligent search to identify and locate the copyright holder of a work through appropriate sources. These sources are determined by Member States, in consultation with rightholders and users. In particular, they may take the form of:

legal deposits;
databases of the relevant collecting societies;
indexes and catalogues from library holdings and collections;
publishers associations in the respective country.

The results of diligent searches must be recorded in a publicly accessible database.

Where the rightholders are not identified or located following a diligent search, a work is considered an orphan work and is recognised as such in all other Member States. The copyright holder nevertheless has the possibility of putting an end to the orphan status at any time.

What types of uses of orphan works are permitted?

Publicly accessible libraries, educational establishments and museums, archives, film heritage institutions and public service broadcasting organisations are obliged to use orphan works for a public interest purpose which includes activities such as:

the preservation and restoration of the works contained in their collection;
the provision of cultural and educational access to those works.

Organisations are obliged to maintain records of diligent searches carried out and publicly accessible records of their use of orphan works.

However, these organisations may be authorised by Member States to use an orphan work for a purpose other than that of the public interest, provided they remunerate rightholders who put an end to the work’s orphan status.

Context

This Proposal follows the Recommendation on the online digitisation of cultural heritage published in 2006 which invited Member States to equip themselves with legislation on orphan works, an invitation that few of them took up. It is also in line with the objectives of the Digital Agenda for Europe.

Key terms of the Act
Orphan work: a work whose rightholder has not been identified or, even if identified, has not been located after a diligent search for the rightholder has been carried out and recorded.

Reference

Proposal	Official Journal	Procedure
COM(2011) 289	–	2011/0136/COD

Another Normative about Orphan works

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic

Information society > Data protection copyright and related rights

Orphan works

Proposal

Proposal for a Directive of the European Parliament and of the Council of 24 May 2011 on certain permitted uses of orphan works [COM(2011) 289 final – Not published in the Official Journal].

Summary

This Proposal establishes a legal framework concerning orphan works
* taking the form of:

books, journals, newspapers, magazines or other writings;
cinematographic or audiovisual works contained in the collections of film heritage institutions;
cinematographic, audio or audiovisual works belonging to the archives of public service broadcasting organisations.

It applies to all works which are protected by the Member States’ legislation in the field of copyright.

This Proposal defines the conditions governing the use of orphan works by:

publicly accessible libraries;
publicly accessible educational establishments;
publicly accessible museums;
archives;
film heritage institutions;
public service broadcasting organisations.

What are the parameters for identifying an orphan work?

legal deposits;
databases of the relevant collecting societies;
indexes and catalogues from library holdings and collections;
publishers associations in the respective country.

The results of diligent searches must be recorded in a publicly accessible database.

What types of uses of orphan works are permitted?

the preservation and restoration of the works contained in their collection;
the provision of cultural and educational access to those works.

Organisations are obliged to maintain records of diligent searches carried out and publicly accessible records of their use of orphan works.

Context

Key terms of the Act
Orphan work: a work whose rightholder has not been identified or, even if identified, has not been located after a diligent search for the rightholder has been carried out and recorded.

Reference

Proposal	Official Journal	Procedure
COM(2011) 289	–	2011/0136/COD

European Transparency Initiative

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European Transparency Initiative

Outline of the Community (European Union) legislation about European Transparency Initiative

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Institutional affairs > The decision-making process and the work of the institutions

European Transparency Initiative (ETI)

Document or Iniciative

Communication from the Commission of 21 March 2007 – Follow-up to the Green Paper ‘European Transparency Initiative’ [COM(2007) 127 final – Not published in the Official Journal].

Summary

This Communication follows up on the Green Paper of 3 May 2006 on the “European Transparency Initiative” (ETI). It responds to the arguments put forth by participants in the consultation (results in the Commission staff working document SEC(2007) 360) and provides measures the Commission intends to take.

Interest representation * (lobbying)

The respondents to the consultation were critical of the negative connotation of the term “lobbying”. The Commission however stresses that the definition does not include any negative value judgement and that lobbying activities are imperative from a democratic point of view. Nevertheless, the register proposed in the Green Paper will be entitled “Register of Interest Representatives”.

The establishment of this Register as a voluntary one received much support. Yet many felt that only a compulsory register would guarantee full transparency. Regardless, the Commission will pursue a voluntary and incentive-based approach in order to cover more comprehensively the European interest representatives. To strengthen the incentive to register, the Commission will combine the Register with a standard template for Internet consultations. Those participating in a consultation will be systematically invited to register. They will have to provide information on the interests they represent, their mission, and how they are funded.

The Green Paper indicated that registered interest representatives* (lobbyists) will need to subscribe to a Code of Conduct. However, the consultation did not address the development or monitoring of such a code in detail. It considered that the responsibility of developing such a code would fall to the interest representatives. But respondents concluded that this would be difficult to carry out in practice. Hence, the Commission will instead review and update the minimum requirements adopted in 1992.

The inter-institutional approach, by which at least the Commission and the European Parliament would have a shared Register and Code of Conduct, received much support from the respondents. The Commission is also in favour of this option, believing it to provide yet another incentive to register. Consequently, it calls on the other institutions to consider this possibility more thoroughly.

Discussions on the Code of Conduct will begin before summer 2007. The Register for Interest Representatives will be launched in spring 2008. The Commission will review the functioning of this Register in spring 2009.

Consultation standards

The Commission’s consultation standards received rather positive feedback from the respondents. Nevertheless, certain weaknesses were indicated, such as the provision of feedback on the impact of and the observance of the eight-week time limit for the consultations, as well as the balancing of targeted consultations between the relevant stakeholders. To improve the quality of the consultations, the Commission plans to reinforce the application of the consultation standards with a coordinated approach, assuring that a plurality of views are expressed, and by providing better feedback.

Publication of beneficiaries of EU funds

Following the publication of the Green Paper, the Commission initiated discussions on the publication of information relating to the beneficiaries of EU funds with the Member States, the European Parliament and a wide range of stakeholders. These discussions led to a consensus regarding the publishing of relevant data. Consequently, this has been included into the Financial Regulation.

Apart from the legislative changes, certain practical steps must also be taken. The respondents to the consultation indicated their desire for a searchable and centralised database containing information regarding the beneficiaries of the funds that would be managed by the Commission. However, data collection and publishing remains the responsibility of the implementing bodies in Member States. In order to start publishing relevant data as of 2008, the following steps will be taken in collaboration with the European Data Protection Supervisor:

publishing of data in its current form, by the Member States through the provision of access to data for the public via, for example, national websites, and by the Commission through the establishment of a central website providing links to national websites and the website on EU funds;
assuring that data is comparable and searchable, by the Commission through the provision of a common standard for publishing data (to be proposed in autumn 2007).

Key terms used in the act
Interest representation (lobbying): all activities carried out with the objective of influencing the policy formulation and decision-making processes of the European institutions. Interest representatives (lobbyists): persons carrying out lobbying and who work in organisations such as public affairs consultancies, law firms, NGOs, think-tanks or trade associations.

Related Acts

on the establishment of a transparency register for organisations and self-employed individuals engaged in EU policy-making and policy implementation [OJ L 191, 22.7.2011].

Commission Communication of 27 May 2008 – European Transparency Initiative – A framework for relations with interest representatives (Register and Code of Conduct) [COM(2008) 323 final – Not published in the Official Journal].

Copyright in the Knowledge Economy

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Copyright in the Knowledge Economy

Outline of the Community (European Union) legislation about Copyright in the Knowledge Economy

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Businesses in the internal market > Intellectual property

Copyright in the Knowledge Economy

Document or Iniciative

Communication from the Commission of 19 October 2009 – Copyright in the Knowledge Economy [COM(2009) 532 final – Not published in the Official Journal].

Summary

After having analysed the responses generated by the Green Paper on Copyright in the Knowledge Economy, in this Communication the European Commission announces a series of actions to be implemented in the area of intellectual property rights.

What are the positions of the different stakeholders concerned?

The Commission collected 372 responses from the consultation launched by the Green Paper. The analysis of the responses shows radically opposed positions among the following key stakeholders:

archives, libraries and universities favour a wider-ranging copyright system, as well as a system of “public interest” exceptions to facilitate access to works;
publishers, collecting societies and other right-holders favour the status quo as regards copyright, and prefer contracts which can be adapted to each case and which take account of new technologies.

What is the Commission’s strategy in terms of copyright?

Libraries and archives

Digital copies and electronic dissemination of digitised works represent the two main challenges for libraries and archives. Currently, the digitisation of a library collection is subject to prior approval from right-holders, and the dissemination of works online can only be performed on library premises.

The Commission therefore intends to continue working at European level towards clarifying the legal implications of mass-scale digitisation and providing solutions to the issue of transaction costs for right clearance.

Orphan Works

Orphan works are works that are in copyright but whose right-holders cannot be identified or located. They cannot be exploited because it is impossible to obtain prior permission from the right-holders. Consequently, these works cannot be included in digitisation projects such as the Europeana library. Although the Commission published a Recommendation on the online digitisation of cultural material in 2006, and the Memorandum of Understanding on Orphan Works in 2008, there is no binding legal framework in this field at present.

The Commission plans to launch an impact assessment to explore a variety of approaches to facilitate the digitisation and dissemination of orphan works. Several options are being considered, including a legally binding stand-alone instrument on the clearance and mutual recognition of orphan works (this would be an exception to the provisions of Directive 2001/29/EC), or guidance on cross-border mutual recognition of orphan works.

Teaching and research

Enabled by new information and communication technologies, teaching and research is already widely internationalised. It is therefore important that copyright on books and publications does not hinder the development of these sectors. To this end, different processes in scientific publishing and publishing for literary and artistic aims are being envisaged. Furthermore, the Commission proposes to facilitate the acquisition and use of material for scientific research. Currently, the system is based on licence agreements concluded with publishers. The Commission wishes to consolidate best practice in this field in order to achieve a less fragmented system of usage rights to journals.

Persons with disabilities

The United Nations Convention on the rights of Persons with Disabilities src=”../../../../wel/images/doc_icons/f_pdf_16.gif” Title=”PDF” border=”0″ class=”alIco/”> stipulates that these persons have a fundamental right to enjoy equal access to information products, publications and cultural material in an accessible format. However, persons with disabilities have very limited access to these works for the moment (5 % of books published in Europe are converted into accessible formats). Moreover, the cross-border transfer of this type of material is hampered by the territorial limitation of copyright exceptions under national legislation.

The Commission’s main goal is to encourage publishers to make more works accessible to disabled persons. In this regard, the organisation of a forum bringing together the stakeholders concerned will foster solutions to give persons with disabilities better access to works while ensuring that right-holders are adequately remunerated for the use of their work.

User-created content (UCC)

With the development of Internet applications, users can now produce and share text, videos and pictures or create content, sometimes using copyright-protected material.

However, this phenomenon of content creation by Internet users is still quite recent. For this reason, the Commission intends to analyse the needs of this type of user further with regard to protecting their rights.

EURES: the European Employment and Job Mobility Network

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EURES: the European Employment and Job Mobility Network

Outline of the Community (European Union) legislation about EURES: the European Employment and Job Mobility Network

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Living and working in the internal market

EURES: the European Employment and Job Mobility Network

Document or Iniciative

Commission Decision 8/2003/EC of 23 December 2002 implementing Council Regulation (EEC) No 1612/68 as regards the clearance of vacancies and applications for employment.

Summary

The Commission’s objective is to reinforce and consolidate EURES as a fundamental instrument by networking the employment services of the EEA countries and Switzerland.

The members and partners of EURES are:

the national and local employment services;
the employment services responsible for the cross-border regions;
the other specialised employment services notified to the Commission;
the trade union and employers’ organisations designated by the members.

The activities of the members and partners include:

creation of placement services for jobseekers, including customised services, matching services for workers and employers, and support services for employers wishing to recruit staff in another European country;
dissemination of up-to-date information on living and working conditions and trends on the labour market;
development of cooperation between the employment and social services, the social partners and other institutions concerned at the level of the Member States, the cross-border regions and the various employment sectors;
surveillance and evaluation of obstacles to mobility, including differences in legislation and administrative procedures, skilled labour surpluses and shortages and migration flows.

The members and partners undertake to integrate their vacancy databases into the EURES database and to:

provide the other members and partners with full and up-to-date information about vacancies and applications, the labour market, living and working conditions, obstacles to mobility and any other information required for the creation of a European network. Moreover, they undertake to protect personal data and to provide the necessary infrastructure and services, such as computer terminals;
appoint and train EURES managers and advisers, as well as other service providers. The managers are responsible for the European dimension of the organisation, including the coordination and implementation of EURES activities, the achievement of the objectives, the dissemination of information and representing the member in the EURES working group. The advisers, having received initial training, provide occupational guidance in the area of placements and integrate the EURES services in their own organisations;
evaluate all the EURES activities in terms of quantity, quality and impact and inform the EURES Coordination Office of the results.

Jointly, the members and partners are developing partnerships of the cross-border regions. Pursuing the same activities and objectives, these partnerships are managed by a framework agreement with a term of at least three years which commits the signatories to providing EURES services to the other members. Decisions are made by the steering committee comprising representatives of the members of the partnership.

Administrative coordination is provided by the European Coordination Office (or “EURES Coordination Office”), managed by the European Commission’s Employment, Social Affairs and Equal Opportunities DG. It is also responsible for analysing mobility in Europe, formulating a general approach and monitoring and evaluating EURES activities.

For strategic planning purposes, the Commission consults the High-Level Strategy Group, comprising the heads of the members of the network and chaired by a Commission representative.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Decision 8/2003	10.1.2003	–	OJ L 5, 10.1.2003