欧盟《数字化单一市场版权指令》著作权例外条款制定修改分析

Analysis of Amendments to Provisions of Copyright Exceptions Provided for in European Directive on Copyright in the Digital Single Market during Its Legislation

欧盟《数字化单一市场版权指令》制定过程中,对著作权例外条款作出了大量修改。分析这些条款的主要修改内容,有利于准确理解促使修改发生的不同意见。通过比较《版权指令》及其提案中著作权例外条款,分析这些条款中不同意见相对集中的部分,讨论主要修改内容未说明的问题,发现不同意见相对集中于各项例外的适用主体对象目的、版权方对文本与数据挖掘例外的应对措施与合理补偿、对数字跨境教学活动中使用作品及其他客体例外不适用情形的非强制规定等。此外,主要修改内容在复制作品产生副本的最长保留时限等方面仍有未说明的问题。

During the legislation of European Directive on Copyright in the Digital Single Market, many amendments were made to provisions of copyright exceptions. Analyzing main amendments to these provisions is helpful to understand positions that prompt them to be adopted accurately. We compared provisions of copyright exceptions provided for in the Copyright Directive and its proposals, analyzed elements that positions are more about, and discussed issues that are not explained by main amendments. We found that different positions focused subjects, objects and purposes of applying the exceptions, as well as rightholders applying measures and receiving fair compensation from applying the exception for text and data mining, optional provisions of not applying the exception for illustration for teaching, etc. Besides, issues about maximum time duration for copies of works made pursuant to the exception for text and data mining to be retained and others are still not clarified by main amendments.