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BREAKING: EU Commission publishes paper on effects of Brexit on

Posted on December 21, 2020 by admin

The IPKat has simply looked out that the EU Commission has published today adocumentdetailing the repercussions of Brexit on UK copyright.

“Subject to any transitional arrangement that may be included in a possible withdrawal arrangement [a couple of days ago it appeared that there may be a 21-month duration after Brexit day in which the UK will remain based on EU rules and the jurisdiction of the Court of Justice of the European Union], as of the withdrawal date [30 March 2019], the EU guidelines in the field of copyright will no longer apply to the United Kingdom.”

This, in substance, is the message of the document.

More specifically, one can gain from the document that – as of the withdrawal date -relevant EU regulations and policies will cease applying to the UK, and the relationships in between the EU and the UK (as a third country) will be governed by appropriate worldwide treaties to which both are celebrations, including the WIPO Internet Treaties and TRIPS.

With regard to EU instructions, the file notes that:

  • UK-based broadcasters will no longer take advantage of the country of origin principle as preserved in the SatCab Instruction;
  • EU cumulative management organisations (CMOs) will no longer go through the responsibility to represent UK-based CMOs for multiterritorial licensing in accordance with the CRM Directive;
  • With regard to orphan works, the mechanism of mutual acknowledgment of the ‘orphan work’ status attended to by the Orphan Works Directive will no longer use in between the UK and the EU;
  • UK-based blind/visually impaired/print-disabled persons will no longer have the ability to obtain accessible format copies from authorised entities in the EU under the framework attended to by the current Directive 2017/1564;
  • UK homeowners will no longer delight in from the Online Material Portability Regulation [which enters into force on Sunday] to ‘port’ their digital material memberships when taking a trip to the EU;
  • UK nationals (unless they have their regular home in the EU) and companies/firms formed in accordance with UK law will no longer be entitled to keep or obtain a sui generis database right in regard of databases in the EU.

Source

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