101 UK Brexit Notes

Connemara Programme October 16 2018 pg. 65 The EU Directives and Regulations on copyright and related rights will be preserved in UK law as retained EU law under the powers in the EU Withdrawal Act 2018. The government will make adjustments under the powers of the Act to ensure the retained law can operate effectively. Implications In respect of the cross-border mechanisms, in a ‘no deal’ scenario for:  Sui generis database rights. There will be no obligation for EEA states to provide database rights to UK nationals, residents, and businesses. UK owners of UK database rights may find that their rights are unenforceable in the EEA.  Portability of online content service. The Portability Regulation will cease to apply to UK nationals when they travel to the EU. This means online content service providers will not be required or able to offer cross-border access to UK consumers under the EU Regulation. UK consumers may see restrictions to their online content services when they temporarily visit the EU.  Country-of-origin principle for copyright clearance in satellite broadcasting. UK-based satellite broadcasters that currently rely on the country-of-origin copyright clearance rule when broadcasting into the EEA may need to clear copyright in each member state to which they broadcast.  Orphan works copyright exception. UK-based Cultural Heritage Institutions that make works available online in the EEA under the exception may be infringing copyright.  Collective management of copyright. UK Collective Management Organisations will not be able to mandate EEA Collective Management Organisations to provide multi- territorial licensing of the online rights in their musical works.  Cross-border transfer of accessible format copies of copyright works. The UK intends to ratify the Marrakesh Treaty after exit but ratification will not have taken place before 29 March 2019. Between exit and the point of ratification, businesses, organisations or individuals transferring accessible format copies between the EU and UK may not be able to rely on the EU Regulation. Actions for businesses and other stakeholders Businesses and other interested parties may wish to seek legal advice on how these arrangements could affect their business model or intellectual property rights, for example:  Sui generis database rights. UK owners may want to consider relying on other forms of protection (e.g. restrictive licensing agreements or copyright where applicable) for their databases.  Portability of online content service. UK consumers may see restrictions to their online content services when they temporarily visit the EU.  Country-of-origin principle for copyright clearance in satellite broadcasting. UK-based satellite broadcasters may need to clear copyright in each member state to which they broadcast. Broadcasters may want to consider whether they need to seek additional copyright permissions.  Orphan works copyright exception. Institutions that currently use the exception may want to consider whether they need to remove works from their websites or limit access to content on a geographical location basis in the EEA.  Collective management of copyright. UK Collective Management Organisations that currently rely on this right may want to consider seeking to continue existing arrangements with EEA Collective Management Organisations via new contractual arrangements.  Cross-border transfer of accessible format copies of copyright works. Businesses, organisations or individuals transferring accessible format copies between the EU and UK may want to consider whether they need to seek the permission of the relevant right holders or cease the cross-border transfer of accessible copies.