Budapest
30 June 2017
Reporter: Mark Dugdale

Cross-border portability nears the finish line


The cross-border portability regulation is on the cusp of becoming law in the EU, heard attendees of the European Communities Trade Mark Association (ECTA) Annual Conference in Budapest.

Vita Jukne, policy officer in the copyright unit of the directorate general for communications networks, content and technology at the European Commission, reported today that the cross-border portability regulation is all but ready to be published in the Official Journal of the EU.

The cross-border portability regulation, which would allow EU citizens who pay for online services in their home country to access those services temporarily in other member states, will become law nine months after publication in the Official Journal of the EU, meaning the European Commission’s target of Q1 2018 for implementation could be met.

The question of whether the concepts of ‘temporary stay’ and ‘residence’ would be clarified beyond the European Council’s practical scenarios for using content abroad, such as leisure, travel, business trips or learning mobility, was addressed by Jukne, who said they were clearly defined in the finalised regulation.

According to the latest available copy of the regulation’s text, the concepts are defined as: “‘Member state of residence’ means the member state … where the subscriber has his or her actual and stable residence [and] ‘temporarily present in a member state’ means being present in a member state other than the member state of residence for a limited period of time.”

Dr Sebastian Schwemer of the University of Copenhagen’s Centre for Information and Innovation Law said of the cross-border portability regulation: “It’s a fairly interesting model that’s been chosen. It’s a simple, easy mechanism.”

Negotiations over the other Digital Single Market reforms, which were put forward in September 2016, are intensifying as EU lawmakers try to overcome cultural differences, according to Jukne.

The press publisher’s right that would allow publishers to charge search engines such as Google News for the use of snippets of their stories is getting a lot of attention in debates.

Meanwhile, Article 13 of the proposed copyright directive, which would require platforms to take down user content at the behest of rights owners with commonly available technological means, contains “proportional and appropriate measures”, according to Jukne.

More Copyright news
The latest news from IPPro The Internet
Join Our Newsletter

Sign up today and never
miss the latest news or an issue again

Subscribe now
IPTV supplier fined £18,000
14 February 2018 | Harrow | Reporter: Barney Dixon
A pre-loaded IPTV box supplier must pay a £18,000 fine for selling illicit streaming devices online, as well as breaching the Premier League’s copyright
IFPI calls for “effective solution” to value gap
07 February 2018 | Brussels | Reporter: Barney Dixon
The International Federation of the Phonographic Industry (IFPI), with the support of 23 other creative industry organisations, has penned a letter to the new presidency of the European Council asking it provide an “effective solution” to the so-
New trial ordered in BMG v Cox
06 February 2018 | Virginia | Reporter: Barney Dixon
The US Court of Appeals for the Fourth Circuit has overturned a $25 million damages award for BMG Rights Management and ordered a new trial in its dispute with Cox Communications
CRB issues royalty rate hike for music streaming services
05 February 2018 | Washington DC | Reporter: Barney Dixon
The Copyright Royalty Board has ruled to increase royalty payments to songwriters and music publishers from music streaming services by nearly 44 percent
Grumpy Cat wins copyright lawsuit
25 January 2018 | California | Reporter: Barney Dixon
The owner of internet sensation ‘Grumpy Cat’ has won a copyright infringement lawsuit against Grenade Beverage
Radiohead sue Lana Del Rey for copyright infringement
8 January 2018 | New York | Reporter: Barney Dixon
Radiohead are suing Lana Del Rey for copyright infringement, claiming that the Del Rey’s 2017 song Get Free was similar to their 1992 song Creep
Glosfer and Gemmy to create blockchain copyright protection platform
4 January 2018 | Seoul | Reporter: Barney Dixon
Blockchain firm Glosfer has signed a memorandum of understanding with copyright protection company Gemmy to create a blockchain-based copyright protection platform