European Commission (2016)

From Copyright EVIDENCE

Advertising Architectural Publishing of books, periodicals and other publishing Programming and broadcasting Computer programming Computer consultancy Creative, arts and entertainment Cultural education

Film and motion pictures Sound recording and music publishing Photographic activities PR and communication Software publishing (including video games) Specialised design Television programmes Translation and interpretation

1. Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare 2. Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)? 3. Harmony of interest assumption between authors and publishers (creators and producers/investors) 4. Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption) 5. Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)

A. Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right) B. Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction) C. Mass digitisation/orphan works (non-use; extended collective licensing) D. Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability) E. Fair remuneration (levies; copyright contracts) F. Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)

Source Details

European Commission (2016)
Title: Synopsis Report on the Public Consultation on the Regulatory Environment for Platforms, Online Intermediaries and the Collaborative Economy
Author(s): European Commission
Year: 2016
Citation: European Commission (2016) Synopsis Report on the Public Consultation on the Regulatory Environment for Platforms, Online Intermediaries and the Collaborative Economy,
Link(s): Open Access
Key Related Studies:
Discipline:
Linked by: Burgess and De Rosa (2017)
About the Data
Data Description: "The consultation on the role of online platforms gathered evidence and views on the regulatory environment for platforms, liability of intermediaries, data and cloud, and the collaborative economy. It was open from 24 September 2015 - 6 January 2016 in 23 languages. The consultation received 1034 replies: 1005 through EU-Survey; 29 by email."
Data Type: Primary data
Secondary Data Sources:
Data Collection Methods:
Data Analysis Methods:
Industry(ies):
Country(ies):
Cross Country Study?: Yes
Comparative Study?: No
Literature review?: No
Government or policy study?: Yes
Time Period(s) of Collection:
  • 2015-2016
Funder(s):
  • European Commission

Abstract

The consultation on the role of online platforms gathered evidence and views on the regulatory environment for platforms, liability of intermediaries, data and cloud, and the collaborative economy. It was open from 24 September 2015 - 6 January 2016 in 23 languages. It is part of a broader analysis of the role of platforms in the economy and society as announced in the Digital Single Market Strategy for Europe. Responses have been published except where confidentiality was requested. The questionnaire had 4 sections:

  1. online platforms
  2. tackling illegal content online and the liability of online intermediaries (online intermediaries)
  3. data and cloud in the digital ecosystem (synopsis report to be published separately)
  4. collaborative economy

All questions were optional except the self-identification ones. Respondents did not answer all questions and sections. The questions were tailored to the respondent groups. Percentages derive from the number of replies to the respective questions in the online questionnaire. Position papers sent by email are considered in the analysis but not in the statistical representation.

Main Results of the Study

Online Platforms* A consensus emerged from the consultation on the growing importance of online platforms for European social and economic wellbeing. While there is no consensus on a possible legal definition of online platforms, most respondents agreed that there are significant benefits stemming from online platforms: they are driving innovation, facilitating social interactions, and are powerful engines of growth.Tackling illegal content online and the liability of online intermediaries* In general, this section of the consultation attracted very different views depending on the interests of the respondents and reflected different interpretations of the liability regime. The views are particularly divided over (i) the clarity of the concept of a 'mere technical, automatic and passive nature' of information transmission by information society service providers, (ii) the need to clarify the existing categories of intermediary services (namely mere conduit/caching/hosting) and/or the potential need to establish further categories of intermediary services, (iii) the need to impose a specific duty of care regime for certain categories of illegal content and (iv) establishing a specific service to facilitate contact with national authorities for the fastest possible notice and removal of specific forms of illegal content. However, the majority of respondents think that the existing liability principles on which the Section IV of the E-Commerce Directive is based are fit-for-purpose.Collaborative economy* The public consultation on the collaborative economy sheds light on the concerns and issues that impact its development. The consultation sought the views of the different stakeholder groups, such as collaborative economy providers, traditional providers, platforms, public authorities, and users. A majority of respondents considered European action promoting the collaborative economy necessary. However, Member State authorities noted that a regulatory framework that is too rigid can create problems.

Policy Implications as Stated By Author

The report states:"A consensus emerged from the consultation on the growing importance of online platforms for European social and economic wellbeing. While there is no consensus on a possible legal definition of online platforms, most respondents agreed that there are significant benefits stemming from online platforms: they are driving innovation, facilitating social interactions, and are powerful engines of growth."

Coverage of Study

Coverage of Fundamental Issues
Issue Included within Study
Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare
Green-tick.png
Relationship between creative process and protection - what motivates creators (e.g. attribution; control; remuneration; time allocation)?
Harmony of interest assumption between authors and publishers (creators and producers/investors)
Effects of protection on industry structure (e.g. oligopolies; competition; economics of superstars; business models; technology adoption)
Green-tick.png
Understanding consumption/use (e.g. determinants of unlawful behaviour; user-generated content; social media)
Green-tick.png
Coverage of Evidence Based Policies
Issue Included within Study
Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right)
Green-tick.png
Exceptions (distinguish innovation and public policy purposes; open-ended/closed list; commercial/non-commercial distinction)
Mass digitisation/orphan works (non-use; extended collective licensing)
Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability)
Green-tick.png
Fair remuneration (levies; copyright contracts)
Enforcement (quantifying infringement; criminal sanctions; intermediary liability; graduated response; litigation and court data; commercial/non-commercial distinction; education and awareness)
Green-tick.png

Datasets

Sample size: 1034
Level of aggregation: Individual
Period of material under study: 2015-2016