FEP is an independent, non-commercial umbrella association of book publishers associations in the European Union. FEP represents 26 national associations of book publishers of the European Union and of the European Economic Area. FEP is the voice of the great majority of publishers in Europe.
Founded in 1967, FEP deals with European legislation and advises publishers' associations on copyright and other legislative issues.
The book is the first cultural industry in Europe with an annual sales revenue of book publishers of approximately € 24.5 billion according to a survey conducted by FEP for the year 2007.
A total of about 490 000 new titles were issued by publishers in 2007 and approximately 140,000people are employed full time in book publishing. (more information in the part 'statistics').
These figures show the importance of publishing industry in terms of innovation, growth and employment in Europe. The book industry is a key player in the knowledge society and economy and contributes actively to achieve the Lisbon Agenda goals.
The Federation of European Publishers
Is recruiting a
Junior Legal Advisor
based in its Brussels office
Profile
Master level university law degree
Thorough knowledge of the functioning of the different EU institutions and their decision making processes
Excellent communication and presentation skills
Working language English, the successful candidate will be fluent in German
Responsibilities
Monitoring EU activities affecting the publishing sector
Prepare position papers and follow-up
Network with other organisations
Interested candidates should applied by sending their detailed CV including references, together with a motivation letter including salary expectations.
Deadline to send the application is 12 March 2010 either by email to info@fep-fee.eu or by regular mail to FEP; 31, rue Montoyer box 8 - 1000 Brussels, Belgium.
FEP met with the European Bureau of Library, Information and Documentation Associations(03/02)
Representatives of FEP and Eblida, the umbrella association of national library, information, documentation and archive associations and institutions in Europe, met on the 3rd of February 2010 to discuss issues of common interest. Some of the topics in the agenda were how to deal with digitisation and making available of works whose rightholders are unlocatable and/or unknown (so called “orphan works”). Another topic discussed was reduced VAT on electronic publications.More information, please contact: omartinsancho@fep-fee.eu
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EC/ Piracy/Stakeholders’ Dialogue on illegal up and downloading (03/02)
On 3 February 2010, FEP attended the fourth meeting of the Stakeholders' Dialogue on illegal up and downloading, an initiative launched by the European Commission’s Directorate General for Internal Market and Services which runs in parallel with the European Observatory on Counterfeiting and Piracy.
The focus of the meeting was on information sharing between right holders and ISPs, notices and evidence standards. Right holders and ISPs made a number of presentations on the issue of whether there can be cooperation in sharing information on copyright infringements, gathering evidence about them and setting up notification systems to warn alleged infringers, and commented on the effectiveness of such measures.
EC/ Information Day on the fourth Call for Proposals of the ICT Policy Support Programme - Theme “Digital Libraries”(04/02)
On 4 February 2010, FEP attended an Information Day in Luxembourg on the fourth Call for Proposals of the ICT Policy Support Programme (ICT PSP); this is a European Commission programme included in the Competitiveness and Innovation Framework Programme (2007-2013) ("CIP"), which aims, among others, at making digital content in Europe more accessible, usable and exploitable (for more details, see FEP Newsletter 87 of 22/01/2010). The day was entirely dedicated to the theme “Digital Libraries”.
The call for proposals, launched on 21 January 2010 and to last until 1 June 2010, will make available 30 million € to fund projects responding to 6 different objectives under the Digital Libraries theme. The objectives, we recall, are:
2.1: Coordinating Europeana
2.2: Enhancing/Aggregating content in Europeana
2.3: Digitising content for Europeana
2.4: Access to European Rights Information / Registry of Orphan Works
2.5: Open access to scientific information
2.6: Statistics on cultural heritage digitisation activities
The draft ICT PSP Working Programme 2010 can be found
EP/Hearing on Rights Relating to Personality, in Particular in Relation to Defamation, in the Context of Private International Law, Particularly the Rome II Regulation (28/01)
On 28 January, the Parliament held a hearing on which law should apply to cross border cases relating to the rights of personality in relation to defamation in the context of private international law, particularly Rome II.
FEP and other European organisations representing journalists, newspapers, magazines publishers, public and private broadcasters, drew MEPs’ attention to the need to discuss and assess the joint impact of the Brussels I and Rome II regulations on press freedom as guaranteed and protected in the different Member States.
Germany/ International conference "SIPA Munich 2010" –
Specialised Information Publishing: Building Profit! Digital Strategies for Success in Today's Specialized Information Marketplace"
The Akademie des Deutschen Buchhandels (Academy of the German Book Trade) – in collaboration with the SIPA (Specialized Information Publishers Association) and the VNR Verlag für die Deutsche Wirtschaft AG (publishing house) – is staging an international conference on "Building Profit! Digital Strategies for Success in Today's Specialized Information Marketplace" from 14 to 16 April 2010.
For further details on the event and to register, please go to:
Twenty-one publishing houses in Japan will form an organisation in February to stave off potential threats to their profits from Amazon.com and other service providers in the burgeoning e-book market.
This week, almost all the 26 new Commissioners have been questioned by the Members of the European Parliament before those approve (or not!) the new Commission during their plenary session during the week starting 18 January.
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EC/Information Day on the fourth Call for Proposals of the ICT Policy Support Programme
On 14 January 2010, FEP attended an Information Day on the fourth Call for Proposals of the ICT Policy Support Programme (ICT PSP), a Commission programme included in the Competitiveness and Innovation Framework Programme (2007-2013) ("CIP"), which continues to support measures formerly funded under the eContentplus programme to make digital content in Europe more accessible, usable and exploitable. One of the themes of the ICT PSP is in fact “Digital Libraries”.
The call for proposals, launched in January 2010 and to last until June 2010, will make available 30 million € to fund projects responding to 6 different objectives under the Digital Libraries theme.
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EC/Study on the entrepreneurial dimension of cultural and creative industries - Validation Workshop (15/01)
On 15 January, 2010, FEP participated in the first Validation Workshop of a study regarding “The entrepreneurial dimension of cultural and creative industries”. The study, entrusted to the Utrecht School of the Arts - in collaboration with two consultancies, Eurokleis and K2M Ltd., is funded by the EU Education, Audiovisual and Culture Executive Agency (EACEA); it aims at providing the Commission with a better understanding of the operations and specific needs of companies in the cultural and creative industries (CCIs), especially SMEs. It will consider environmental factors, in particular regulatory issues, which influence the development of these companies, as well as access to finance and entry barriers. The outcome of the process will include a set of recommendations to the European Commission for a supportive climate to strengthen cultural and creative SMEs in Europe.
Regional Office of Valencia/ Discussion on digital books and copyright.
The Regional Office of Valencia in Brussels organised on the 12th of January a discussion about digital books and copyright: its implication for European authors, readers and publishers. The Director of the Valencian Office announced that the Spanish Presidency had foreseen a Conference on digitisation of cultural content and libraries on the 12th and 13th of April in Madrid.
European Union Prize for Literature 2010 - Press Release (08/01)
The European Booksellers Federation (EBF), the European Writers' Council (EWC) and the Federation of European Publishers (FEP) are delighted to announce that they have been re-appointed by the European Commission, DG Education and Culture, as the consortium to organise the European Prize for Literature (EUPL) to be awarded in November 2010 to emerging authors from 11 countries participating in the EU Culture Programme.
The countries selected for 2010 are:
Belgium, Cyprus, Denmark, Estonia, Finland, Germany, Luxembourg, Romania, Slovenia, Spain and the Former Yugoslavian Republic of Macedonia. As a first step, the consortium will organise the setting up of juries in each of these countries. The juries will start their selection process as of January 2010 and deliver a final report to the consortium by the end of June 2010.
The aim of the EUPL is to put the spotlight on the creativity and diverse wealth of Europe’s contemporary literature, to promote the circulation of literature within Europe and encourage greater interest in non-national literary works.
In 2009, 12 prizes were awarded to emerging authors from the first set of countries, during a ceremony in Brussels celebrating the diversity of European literature in the presence of Commission President José Manuel Barroso, the Swedish bestselling author Henning Mankell (who had accepted the role of ‘Patron of the EUPL’ in 2009), Ms Lena Adelsohn Liljeroth (Minister of Culture Sweden), and Ms Doris Pack (MEP, Chair of the European Parliament's Committee on Education and Culture). In 2011, authors from the 12 remaining countries from the total of 35 participating in the EU Culture Programme will be eligible for the awards.
Maroš Šefčovič, the European Commissioner for Education, Training, Culture and Youth, said: ''The EU is a world super-power in culture. Our rich cultural diversity is a huge asset, and we must maximise our efforts to exploit it, to stimulate creativity, innovation and economic growth. The European Union Prize for Literature is an example of what can be done in this filed, as it helps promote emerging European literary talents and showcase European culture.''
EBF President, John Mc Namee, commented: “EBF is delighted to be a player in this extremely valuable initiative which brings talented writers to the due attention of European readers across borders.”
EWC President, Pirjo Hiidenmaa, added: “The first edition of the EUPL has proven that the prize has the power to raise awareness about European contemporary literature and to open doors across Europe for emerging talents.”
FEP President, Federico Motta underlined the “central role of literature in our common European cultural heritage”, adding that the three partners “will draw on last year’s experienceto ensure that this year’s prize – and the winning authors - will receive even greater visibility.”
Besides the setting up of the juries, the role of the consortium will be the co-ordination of the initiative and the practical organisation of the awards' ceremony.
The EUPL is co-financed through the Culture Programme of the European Union. The programme supports trans-national cultural cooperation projects involving operators from a minimum of three different countries participating in the programme. It also provides specific support for the translation of literary works and is open to all cultural sectors except audiovisual, for which a separate programme exists
EC/ Preparation of the hearings of the European Commissioners next week
The week starting 11th January, the 26 new Commissioners (President Barroso is already confirmed by the Parliament so he does not have to go through the hearing again), will be questioned by the Members of the European Parliament before those approve (or not!) the new Commission during their plenary session during the week starting 18 January.
Timetable:
Commissioner De Gucht (Trade) - Tuesday 12th January at 9.00
Commissioner Semeta (Taxation) - Tuesday 12th January at 9.00
Commissioner Reding (Justice, Fundamental Rights and Citizenship)– Tuesday 12th January at 13.00
Commissioner Almunia (Competition) - Tuesday 12th January at 16.30
Commissioner Geoghehan-Quinn (Research) – Wednesday 13th January at 16.30
Commissioner Barnier (Internal Market) - Wednesday 13th January at 16.30
Commissioner Vassiliou (Culture) – Thursday 14th January at 13.00
Commissioner Kroes (Digital agenda)- Thursday 14th January at 16.30
Commissioner Tajani (Enterprise) - Monday 18th January at 18.00
FEP has analysed the written answers from the Commissioners having portfolios with relevant files for publishers - in Members' only part
Spanish Presidency
On 1 January, Spain assumed the presidency of the EU. For six months, the main task of the country which holds the presidency is to organise and manage the work of the Council of the European Union where the member states are represented.
This means that until 30 June, the Spanish representatives on the Council and its subsidiary bodies (committees and working groups) are responsible for setting the agenda and presiding over the approximately 3 000 meetings which will take place in Brussels and Luxembourg and the 300 that will be held in Spain.
Council’ President, Herman van Rompuy will chair the Council (Head of States) while Catherine Ashton, will chair the General Affairs Council (Foreign Affairs and Security Policy).
The rotating presidencies (acting in Troika – Spain, Belgium, Hungary) will chair the so-called specialised Council.
French decision - SNE won against Google (18/12)
On 18th December, the Paris Court of First Instance condemned Google for violating copyright of books published by French publishing group La Martiniere, by forbidding the search engine to continue digitizing books without publishers' authorization. This decision is based on the application of the French law, whose application Google had attempted to question, and the acknowlegement by the French court of its competence to deal with such a case.
The court also acknowledged that the French Publishers Association (SNE) and the Authors Publishers Association (SGDL) were entitled to join the suit. It stated that "by fully reproducing and making available extracts of books" without the authorization of rights-holders, Google Google had committed acts of copyright violation to the detriment of Le Seuil" and its two subsidiaries, as well as to the SNE and SGDL.
The court gave Google one month to apply the ruling and halt such acts or face a 10,000 euros per day fine.
Google will also have to pay 300,000 euros in damages to the three publishers owned by La Martiniere group and a symbolic sum of one euro to the SNE Publishers' Association and the SGDL Society of Authors , thus recognizing damages caused to the whole publishers and authors community.
This case law can from now on be referred to by other publishers who may want to sue Google for the scanning and making available of their books.
Press Release (29/12)
Federation of European Publishers welcomes the French decision on Google (29/12)
FEP welcomes the decision of the Court of First Instance in the lawsuit La Martinière/Le Seuil vs Google. The French member of FEP, the Syndicat national de l’Edition , as well as the French Authors Association (SGDL) had joined the procedure.
FEP is particularly satisfied that the French judges have decided that the applicable law is the French one for books being digitised in order to be made accessible as snippets to French internet users on their territory. It is also very important for FEP that the digitisation by Google has been recognised as an act of reproduction and that the exception for quotations does not apply as the snippets displayed have no informatory goal. Furthermore, the judges consider that the snippets are infringing the moral rights of the authors of the books.
FEP President Federico Motta congratulated his French colleague Serge Eyrolles, President of SNE by saying ‘This decision is extremely important for all European publishers. It shows that in Europe even large internet companies have to follow the law. I hope that Google understands that it is now time to start serious discussions with European publishers starting first to remove our books from their database’.
European publishers are increasingly offering their backlists in digital format. They have been working to provide more and more digital content alongside the printed books. Moreover, European publishers collaborate with Europeana, the European digital cultural institutions’ portal.
Three national authors groups comprising more than 4,000 writers and journalists decried the controversial agreement between Google and author-publisher groups that would allow the tech giant to sell access to millions of books online. In a letter to Congress, the three groups -- the National Writers Union, the American Society of Journalists and Authors, and the Science Fiction and Fantasy Writers of America -- pointed to what they saw as the overly confusing and ultimately unfair rules that would govern what Google could do with the books if the settlement were to be approved in federal court. [LA Times]
WTO/ China Unfairly Restricting American Cds, Dvds(21/12)
The World Trade Organization's top arbitrators upheld a ruling that China is illegally restricting imports of U.S. music, films and books, and Washington pushed forward with a new case accusing China of manipulating the prices for key ingredients in steel and aluminum production. Monday's verdict by the WTO's appellate body knocked down China's objections to an August decision that came down decisively against Beijing's policy of forcing American media producers to route their business through state-owned companies. [SiliconValley.com]
Cristina Mussinelli from the Associazione Italiana Editori has been elected in the Board of the International Digital Publishing Forum (IDPF) The IDPF is a trade and standards association for the digital publishing industry. Cristina is the only European representative (and the only woman, actually) in the Board. The first request in her new position is to organise statistics on eBooks also in Europe.
UK/Event in London on 26/1/2010 - Part of The PA's Digital Publishing Forum
“Blue skies and white clouds: ebook strategies for 2010 and beyond”
The Publishers Association will be hosting a strategic discussion on ebooks on what an open, flourishing ebook market might look like and how publishers, retailers and other partners can work together to enhance the customer experience.
This event is aimed at thought leaders in key stakeholder groups such as:
- representatives of the author and agent communities
- publishing directors with responsibility for strategy, legal, rights, IT and digital
- senior leaders in companies developing and selling digital services to the publishing industry
Council/Telecommunications Ministers discuss the post i2010 strategy
On 18 December, 2009, the Transport, Telecommunications and Energy Council held a public debate leading to the adoption of conclusions on the post-i2010 strategy, aimed at contributing to forthcoming Commission’s initiatives in this field.
On 15 December 2009, the Spanish Minister of Culture announced, during the presentation of the digitisation project Enclave, that electronic books will benefit from the reduced VAT rate of 4% as printed books already do, with immediate effect.
The decision stems from an opinion given by the Spanish Directorate General for Taxation, prompted by the Spanish Publishers Association (FGEE) through a procedure called “binding consultation” early this year, but the campaign by Spanish publishers traces back to a petition signed in 2000.
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Piracy:
Spain/Draft bill in Spain restricts internet access to fight online piracy (1/12)
The Spanish Government has put forward on the 1st of December a law on “Sustainable Economy” which proposes changes in the current legislative framework to allow access restrictions on the internet to safeguard intellectual property rights.
More in Members’ only
Resolution from Nordic Council concerning fighting piracy (13/11)
For Michel Barnier in charge of internal market including copyright As to public procurement and intellectual property rights, you will take the lead on our efforts to secure the adoption of a Community patent, and developing effective policy for the enforcement of intellectual property rights.
For Neelie Kroes in charge of the digital agenda You will take the lead in preparing the European Digital Agenda, to promote an integrated ICT policy framework, addressing both supply and demand for digital services, products and contents, ensuring that Europe remains at the technological forefront in this area. I would also like you to establish an integrated single market for the delivery of electronic services. The EU possesses massive creative, cultural and multilingual potential, which efficient ICT tools can help to tap and transform into productivity gains.
For Viviane Reding in charge of justice, consumer and communication Your task will also be to develop a genuine Justice area where citizen, consumers, and businesses are able to exercise their rights across national borders, and enjoy greater mobility without legal and procedural obstacles. Mrs Reding will also have responsibility over the Publications Office.
For Maire Geoghelan-Quin in charge of research You will take the lead in making the "Fifth Freedom" a reality. The European Research Area should provide attractive conditions and effective governance for carrying out research in Europe. It should also ensure the free circulation of researchers, knowledge, ideas and technology across the EU.
For Androulla Vassiliou in charge of culture and multilingualism, the mission letter does not mention any specific action to be taken in the cultural field.
Conclusions - Competitiveness Council (4/12)
On 4th December, European economy Ministers adopted conclusions on European internal market policy priorities for the next ten years. The priorities should be the goods and services, consumer policy and in particular eCommerce and intellectual property rights.
On Intellectual Property rights – The Council:
12. Underlines that it is important to establish a Community patent, a European and
Community Patents Court and to further improve the protection and enforcement of
Intellectual Property Rights (IPR) to strengthen the competitiveness of European enterprises;
welcomes the Commission's intention to present a comprehensive strategy for IPR;
13. Stresses the importance of reaching agreement in this area to contribute to the
implementation of the free movement of knowledge and innovation - the “fifth freedom” - in
the internal market in order to contribute to growth and jobs;
Germany/Berlin Plans Response to Google Books Project
The German Cabinet agreed Wednesday to a plan that would fund the digitization of books, pictures, sculptures, notes, music and films and make them available on the Internet. Culture Minister Bernd Neumann called the project a “quantum leap into the world of digital information.
The project, called the German Digital Library (DDB), would go online in 2011 and play a major role in the preservation of Germany’s cultural identity, Neumann added. Initial funding of 5 million euros ($7.6 million) as well as annual costs of 2.6 million euros will come from a German economic bail-out program and be split by the federal and state governments.
The German project is a response to the Google Book Search program, which the German government opposed, saying it lacked sufficient protections for copyright holders.
“The German Digital Library is a reasonable response to Google,” Neumann said, adding that the German project would first seek copyright holders’ approval before digitizing a work, rather than following Google’s strategy of allowing copyright holders to have their works removed from the database after being digitized.
New programme guide for the EU's Culture Programme
We would like to inform you that the new programme guide for the EU's Culture Programme has just been published including infromation about the EU funding of literary translation.
On page 47 you will see that ''Applications (for translation) made by publishers or publishing houses wishing to translate the works of authors who have won the European Union Prize for Literature are encouraged.''
The deadline for applications (see page 13) is 3 February.
FEP Gent Statement on the Amended Settlement Agreement
20th November 2009
FEP represents 26 national associations of book publishers in the European Union and in the European Economic Area. FEP is therefore the voice of European book publishers.
Meeting in Gent (Belgium) for its Autumn General Assembly, FEP members have discussed the Amended Settlement Agreement (ASA) between Google and the US publishers and authors joined by Australian, British and Canadian authors and publishers.
FEP members share the objective of giving European citizens access to their cultural heritage. An important part of this is to digitise books and make them available online. Publishers are investing heavily in programmes to do this and working closely with projects like Europeana.
It is important that out of print and orphan works are not left behind. To this end, FEP is investing in and supporting the ARROW project which is a critical part of the solution in terms of making these works available. ARROW is platform-neutral by design and does not lock in an advantage for any commercial entity. ARROW will accelerate digitisation by enabling rightsholders to be found more easily.
Turning to the ASA, FEP is glad that a number of its comments to the previous draft settlement have been taken into account; however serious concerns remain.
The scope of the settlement, while improved by the exclusion of many European books, still includes such works which have been registered with the US copyright authorities. FEP members whose publishers have registered their works with the US copyright office are concerned that the information about the copyright entries is unavailable for them, especially for historical registrations. We consider it is imperative that this information be made available and online, in time to allow rightsholders to take a considered and informed decision on their options.
The ASA does not require prior authorisation from a rightsholder to digitise copyright-protected works and make out of print works available. Further rightsholders are required to claim their works before exercising control over them. This run counters to two of the fundamental principles of international copyright law.
The operation of the ASA in practical terms depends on accurate metadata detailing ownership and rights information with the Google Settlement database. However the quality of the metadata we have seen to date has been poor, a point that has been echoed by US academics. FEP members are concerned that this will result in incorrect determinations of country or origin and commercial availability being made.
We consider that to give a commercial entity a privileged position which could lead to de facto monopoly in the supply of digitised copyright protected works, in particular orphan works, is not desirable. We consider that a competitive market would bring better value to readers.
Finally, FEP remains concerned that Google will continue to digitise and make available protected works outside the scope of the ASA without prior consent of the rightsholders, a principle enshrined in the Berne Convention.
Therefore, FEP would request that the EU does not express support for the ASA. Rather the EU should continue to support stakeholder-driven initiatives to provide online access for European citizens to their cultural heritage within the context of international copyright law.
ends
FEE Declaration de Gand sur le nouvel accord Google
20 Novembre 2009
La FEE représente 26 associations nationales d’éditeurs de livres de l’Union européenne et de l’Espace Economique européens. La FEE est la voix des éditeurs européens de livres.
Réunis pour son Assemblée Générale de Gand (Belgique), les membres de la FEE ont discuté du Règlement amendé (Amended Settlement Agreement – ASA) entre Google et les auteurs et éditeurs américains, récemment rejoints par les auteurs et éditeurs anglais, australiens et canadiens.
Les membres de la FEE partagent l’objectif de donner aux citoyens européens accès à leur patrimoine culturel. La numérisation et la mise en ligne des livres y jouent un rôle important. Les éditeurs investissent largement dans des programmes allant dans ce sens et travaillent de concert avec des projets comme Europeana.
Il est crucial que les œuvres épuisées et orphelines ne soient pas oubliées. A ce sujet, la FEE soutient et travaille au projet ARROW qui est un élément essentiel de la solution pour la mise à disposition de ces œuvres. Par sa conception, ARROW est neutre par rapport aux plateformes et ne crée pas d’avantages pour telle ou telle entité commerciale. ARROW aidera à l’accélération de la numérisation en permettant de trouver les ayants droits bien plus facilement.
Au sujet de l’ASA, la FEE est satisfaite qu’un certain nombre de ses commentaires au projet de Règlement précédent aient été prises en compte; cependant des préoccupations sérieuses subsistent.
Le Règlement, bien qu’amélioré par l’exclusion de nombreux livres européens, continue à inclure les œuvres qui ont été enregistrées auprès du Copyright Office aux Etats-Unis. Les éditeurs européens qui ont enregistré leurs livres auprès du registre du droit d’auteur américain sont inquiets du fait que l’information sur cet enregistrement ne leur soit pas accessible, en particulier pour les enregistrements anciens. Ils considèrent qu’il est impératif que cette information soit accessible et en ligne, afin de permettre aux ayants droits de prendre une décision informée quant à leurs options.
L’ASA ne requiert pas l’autorisation préalable de la part des ayants droit avant la numérisation d’œuvres protégées par le droit d’auteur et permet la mise en ligne de livres épuisés sans autorisation. En outre, les ayants droits doivent revendiquer leurs œuvres avant de pouvoir les contrôler. Ceci est contraire à deux des principes fondamentaux du droit d’auteur international.
La mise en œuvre pratique de l’ASA dépendra de l’existence de métadonnées correctes détaillant la propriété et les informations sur les droits dans la base de données du Règlement Google. Cependant la qualité des métadonnées auxquelles nous avons eu accès à ce jour est très insuffisante, ce qui a été confirmé par des chercheurs américains. Les membres de la FEE marquent leur inquiétude quant aux répercussions que cela pourra avoir en matière de détermination incorrecte des pays d’origine et de la disponibilité commerciale.
LA FEE considère qu’il n’est pas souhaitable de permettre à une entité commerciale d’obtenir une position privilégiée qui puisse conduire à un monopole de facto pour la fourniture d’œuvres numérisées sous droit, en particulier les œuvres orphelines. Ils considèrent qu’un marché concurrentiel offrirait plus de choix aux lecteurs.
Finalement, la FEE reste préoccupée du fait que Google continue à numériser et à mettre en ligne des livres protégés par le droit d’auteur désormais hors du champ du Règlement sans avoir obtenu l’autorisation préalable des ayants droits, principe pourtant essentiel de la Convention de Berne.
En conséquence, la FEE demande à ce que l’Union européenne ne soutienne pas le Règlement. A contrario, l’UE devrait continuer à soutenir les initiatives qui recueillent le soutien de toutes les parties, pour promouvoir l’accès en ligne des citoyens européens à leur patrimoine culturel dans le respect du droit d’auteur international.
Fin.
FEP GENERAL ASSEMBLY
20th November 2009
Resolution on VAT in Iceland - unanimously adopted
The Federation of European Publishers (FEP) represents 26 national associations of book publishers of the European Union and of the European Economic Area and acts on behalf of its members in discussions and negotiations with the Institutions of the European Union particularly concerning legislation, regulation and taxation.
Meeting for their General Assembly on 20th November 2009, FEP and its Member Associations were made aware that the Icelandic Government has decided not to increase the rate of VAT applicable to books from 7 to 14% as previously considered. We therefore unanimously welcome this decision.
In the current economic downturn, as well as in the long run, the improvement of skills must be a priority; this is why books, fundamental vehicles of education and knowledge diffusion, should benefit from conditions fostering their widest possible circulation and consumption.
Various studies indicate the detrimental effects of declines in readership not only in cultural, social and civic terms but also economically speaking; raising taxation on books would correspond to damaging national culture as well as imposing a higher burden on a production factor decisive for creativity, innovation and long-term development.
We strongly believe Iceland cannot afford to endanger its book sector – which has been able so far to weather the crisis without serious consequences – through measures that might bring little benefits in the short period but will certainly have highly negative effects in the long run. The disruption of the book sector would hinder the diffusion of culture and knowledge and thus adversely affect the economy and society well beyond the publishing industry itself.
Countries that have raised VAT on books abruptly have soon experienced serious difficulties in the publishing sector; this can only translate into a deterioration of readership levels, thus negatively affecting any goals in terms of training and education, as well as of competitiveness and employment. On the other hand, a number of EU Member States that had planned or implemented an increase of VAT on books have, during the past months, finally reconsidered their intentions.
This has realigned those countries with the principles which underlie the reduced rates of VAT applied now in 25 out of the 27 EU Member States. Such principles have been further confirmed by the adoption in May of a Directive that consolidates the VAT regime; the new provisions include a widening of the definition of books in order to expand the benefits of reduced rates beyond the printed domain. This was a clear and strong signal by the European institutions to all the EU Member States.
Therefore, FEP Member Associations unanimously express full support for the decision by the Icelandic Government. This in fact pays due consideration to the undeniable social, economic, cultural and political benefits associated with a wider readership and a healthy publishing sector.
Press Release (16/11/2009)
European Publishers examine the new Google – AAP – AG Settlement
FEP represents 26 national book publishers associations of the European Union and the European Economic Area. Book publishing represents 24.5 billion euros (retail market is about 40 billion euros). For more information www.fep-fee.eu
FEP acknowledges that the parties considered the concerns of European publishers and made some steps, however we want to analyse more thoroughly the new Settlement before giving a final comment.
The Parties listened to some of the objections we raised in excluding non-English books, although we need to analyse better the implications of this exclusion and the practical effects of the adopted definition, which includes also non-English books under certain conditions.
Also the definition of commercial availability has been significantly improved and some provisions about orphan works, in particular the plans to locate actual rightsholders, seems to be a signal that the Settlement is moving to the concept of prior authorisation before any act of reproduction (scanning) and/or making available, which is the key principle enshrined in the Berne Convention , pursued by European publishers, and agreed with other European stakeholders.
Culture Council - 27/11/2009
The Council will in addition hold a debate on the digitisation of cultural content in Europe. The digitisation and wide accessibility of books and other cultural works is crucial for cultural diversity, benefiting consumers, libraries and researchers and preserving material for the future. An important first step in this context was the launch of the European digital library Europeana in November 2008. The document of the Presidency in most EU languages - LINK
EP/Workshop "Tackling orphan works and improving access to works for visually impaired persons" (10/11)
FEP participated in the above mentioned workshop.
Anne Bergman-Tahon made a presentation on behalf of European Publishers on the issue of improved access of works by reading impaired persons.
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EP/Enforcement of IPR in the internal market (10/11)
On 10 November, the Legal Affairs Committee of the European Parliament held an exchange of views on the report on ‘Enhancing the enforcement of intellectual property rights in the internal market’, an own initiative report based on a Communication from the European Commission with the same title (COM(2009)467).
The rapporteur designated, MEP Marielle Gallo (S&D, FR), presented her plans for the report, and several other MEPs expressed their opinion during the discussion.
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Publishers’ lunch with Vincent Montagne and Claude de Saint Vincent (10/11)
FEP organised a lunch with Vincent Montagne, CEO of Média-Participations and Claude de Saint Vincent, Director General of Média-Participations. The event is part of the cycle of “Publishers lunches”, aimed at improving the understanding of officials of the European Commission and Members of the European Parliament of the role played by publishers in the creative process and the specificities of their work.
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Final agreement reached in the Telecoms Package (5/11)
MEPs and Council representatives reached an agreement in conciliation on Wednesday night, 6th November, on the last pending issue in the Telecom package related to user’s internet access. The agreed text includes that a user’s internet access may be restricted, if necessary and proportionate, only after a fair and impartial procedure including the user’s right to be heard. The original amendment from the European Parliament and Commission that required a prior judicial ruling was rejected by the Council twice, thus initialising the third and last stage of the EU legislative process, known as conciliation.
European Internet Foundation/Smart politics Breakfast (3/11)
The European Internet Foundation of which Anne Bergman-Tahon is a Board member gathers Members of the European Parliament and representatives of sectors most affected by the digital shift. On 3rd November, the two speakers of the Breakfast were Ken Ducatel, Head of Unit in charge of the post-Lisbon strategy in DG Information Society and Ziga Turk, former Slovenian Science Minister and secretary of the Reflexion Group on the future of Europe (group led by Spanish former Prime Minister Felipe Gonzalez). The breakfast was chaired by MEP Pillar de Castillo (former Spanish Culture Minister 2000-2004) who announced that she will prepare an own initiative report on the digital agenda for 2015.
Debate on copyright at ACT celebration of 20 years of commercial television in Europe (4/11)
On 4 November 2009, FEP attended a roundtable on “The new media landscape and the EU-Institutions 2009-2014” in occasion of the celebration of 20 years of commercial television in Europe by ACT (Association of Commercial Television in Europe); several MEPs and Mr. Rudolf Strohmeier, Head of Cabinet of Commissioner Reding, sat on the panel.
The discussion opened with an exchange of views on the role of regulation and of the European Institutions in the field, and then moved onto a more general debate on copyright, with some interesting positions expressed by the panellists.
Let’s work together says the EC, European publishers agree - 19 October 2009
Today, the European Commission adopted a Communication on copyright in the knowledge economy. This Communication is based on the consultation which followed the Green Paper and recommends pursuing and developing the current discussions between the rights holders including publishers and users such as libraries and organisations representing the Visually Impaired Persons.
FEP looks forward working with the new Commission and with the other stakeholders to develop a more positive approach, and to find and develop enabling tools and sustainable publishing models.
When meeting FEP Board on 30th September, Commissioner Reding insisted she did not plan to reform copyright law. She also agreed that rights have to be cleared for in print and out of print books. FEP counts on the new Commission to hold on to that commitment.
FEP is very encouraged by the reference in the text of the obligation to conduct a due diligent search before launching any digitisation and making available on the internet.
As for the issue of digitisation, under the momentum initiated by the Commission, FEP has a leading role in ARROW (Accessible Registeries of Rights Information and Orphan Works towards Europeana http://www.arrow-net.eu) with the objective to facilitate the search of the rights status of a book and its subsequent licensing for digitisation and giving access on the internet. ARROW is co-funded by the EC eContent+ programme and has received support from the Commission since outset (1).
As for supporting improved access for the Visually Impaired, FEP has been working for several years to promote solutions between the publishing sector and the organisations representing VIP (EUAIN and PRO ACCESS projects). With increasing number of books being published simultaneously in print and digital formats, publishers hope that more and more users will access their content. FEP looks forward to contributing constructively to the stakeholders’ platform and will mobilise its membership to find balanced models.
In the light of protracted discussions around the Google settlement (which is currently being re-negotiated (2)), FEP welcomes the Communication as a recognition by the European Commission of the publishers' crucial role in the creation and dissemination of high quality content.
The Federation of European Publishers represents 26 national book publishers associations of the European Union and the European Economic Area. Its members publish more than half a million new titles each year and the turnover of the sector is estimated at 40 billions € (publishers’ turnover was 24 billions € in 2007). For more information, contact Anne Bergman-Tahon 0032 2 770 11 10
(1) Libraries (or others) seeking to digitise their books’ collections, will be able to question the relevant databases (national bibliographies, books in print databases and collecting societies’ databases) containing information pertaining to the status of the books: commercially available (in print), out of print with identifiable rights holders or orphan works. FEP looks forward to working with the EC and other EU institutions to find a balanced European solution to the digitisation and making available on the internet of orphan works after a due diligent search. In line with international law, in this Communication, the Commission advocates in favour of ARROW which will foster and facilitate legal uses of protected works.
(2) Press release of FEP 21/09/2009 European publishers must be round the table when the parties to the settlement negotiate new provisions
FEP has read with great attention the Statement of Interest filed by the Department of Justice (http://thepublicindex.org/docs/letters/usa.pdf). FEP has consistently argued for any solution to be market neutral so as to avoid the creation of a de-facto monopoly. This would be contrary to the interest of consumers and society in the US and more widely, and could endanger the European book industry and cultural diversity.
The Statement of Interest states that: ‘The United States has been informed by the parties that they are continuing to consider possible modifications of the Proposed Settlement to address the many concerns raised by various commenters and by the United States in its discussions with the parties’. It particularly emphasises that: "the Proposed Settlement raises concerns about the adequacy of representation with respect to foreign rightsholders" and that “the parties have not demonstrated that the class included representation sufficient to protect the interests of these foreign rightsholders”.
European publishers regret that the parties to the settlement when considering possible modifications are failing to involve their European counterparts whose books are important components of the collections of US libraries (at a conservative estimate, roughly 50% of these works are non-US works). As representatives of these rightsholders, FEP should be involved in the ongoing negotiations; it is not acceptable that they learn of progress through the press, and not consistent with the principles of natural justice that they be excluded from discussions.
Consequently FEP has contacted the parties seeking an early seat at the table throughout ongoing negotiations.
EC/ joint reflection paper on creative content online (22/10)
The European Commission has published on the 22nd October a joint reflection paper by the General Directorate Information Society and Internal Market, on creative content online. The document recognises that copyright is the basis for creativity and identifies possible challenges in the digital single market. All interested parties are invited to comment on the ideas raised in the paper by 5th January 2009.
See consultation paper and Commission press release:
EC/Study on the Legal and Economic Aspects of a Single Market for an Information Society- commissioned by DG INFSO European Commission.
The General Directorate for Information Society in the European Commission commissioned a study on the legal and economic analysis of a Single Market for the Information Society. The study will cover a wide range of issues from the future of online privacy and data protection, to copyright, liability of online intermediaries, electronic payments, electronic contracting, net neutrality or cybercrime. The European Commission organised a workshop to present the draft studies on the 12th and 13th of October. FEP attended the workshops organised by DG Infso and pointed out a few comments in the workshop.
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New Google US book Settlement to be presented on 9th November 2009
Google Book Search hearing to be postponed (UPDATED)
The parties in the Google Book Settlement have asked the court for a postponement of the fairness hearing scheduled for 7th October, as they intend to amend the deal after consultation with the Department of Justice.
The parties did not specify the timeframe for the amendment of the agreement, but asked the court to schedule a “status conference” on 6th November; at that time they are expected to present a schedule for further proceedings.
On 24 September, the judge in the Google case has granted the Parties' motion to postpone the fairness hearing. Additional details about next steps are included in the order (the document can be found in the Members Only part of the website).
PRESS RELEASE (21/09)
European publishers must be round the table when the parties to the settlement negotiate new provisions
FEP has read with great attention the Statement of Interest filed by the Department of Justice (http://thepublicindex.org/docs/letters/usa.pdf). FEP has consistently argued for any solution to be market neutral so as to avoid the creation of a de-facto monopoly. This would be contrary to the interest of consumers and society in the US and more widely, and could endanger the European book industry and cultural diversity.
The Statement of Interest states that: ‘The United States has been informed by the parties that they are continuing to consider possible modifications of the Proposed Settlement to address the many concerns raised by various commenters and by the United States in its discussions with the parties’. It particularly emphasises that: "the Proposed Settlement raises concerns about the adequacy of representation with respect to foreign rightsholders" and that “the parties have not demonstrated that the class included representation sufficient to protect the interests of these foreign rightsholders”.
European publishers regret that the parties to the settlement when considering possible modifications are failing to involve their European counterparts whose books are important components of the collections of US libraries (at a conservative estimate, roughly 50% of these works are non-US works). As representatives of these rightsholders, FEP should be involved in the ongoing negotiations; it is not acceptable that they learn of progress through the press, and not consistent with the principles of natural justice that they be excluded from discussions.
Consequently FEP has contacted the parties seeking an early seat at the table throughout ongoing negotiations.
FEP is representing 26 national book publishers associations of the European Union and the European Economic Area. Book publishing represents 23 billion euros (retail market is about 40 billion euros).
Google commits to not push for a copyright exception
The DG internal market of the European Commission held a hearing in Brussels on the Google books settlement in the US. This is an agreement between Google on the one hand and the Association of American Publishers and the Authors’ Guild on the other to settle a legal action for breach of copyright.
At the hearing, FEP which representing 26 national book publishers associations in the EU and the EEA, asked Google whether in Europe they would be lobbying in favour of a wide exception to allow commercial entities such as search engines to scan and to make available on the internet copyright protected content. The answer of the US company was no, they would privilege contractual negotiations with rights holders. This commitment needs to be upheld and FEP will closely monitor future developments.
The US settlement only applies to commercial exploitation of books by Google in the United States. FEP recalls that it will not apply to the territory of the EU. FEP will therefore promote consumer-friendly models based on cultural diversity, competition and existing copyright rules in Europe.
FEP and its members strive for 21st century models which will be beneficial to all, authors, publishers, librarians and ultimately, society as a whole.
For more information, call FEP office 027701110
Press release (07/09)
European Publishers Support European Digitisation Models
Speaking at the hearing organised by DG Internal Market on the settlement reached by the Association of American Publishers, the Authors’ Guild and Google (the settlement) currently under review by a US judge, the Federation of European Publishers representing 26 national book publishers’ associations in Europe will be insisting that the settlement does not provide a model for Europe.
FEP encourages Europeana to keep developing as a single access point for Europe’s cultural content together with initiatives such as Libreka! in Germany, Gallica2 in France, Enclave in Spain, eBog in Denmark or individual publishers’ initiatives all over Europe.
The settlement only applies to commercial exploitation of books by Google in the United States. It does not apply to the territory of the European Union. Moreover the scope of the settlement cannot be extended outside the United States, either by the Book Rights Registry or by the judge.
FEP will be therefore promoting consumer-friendly models based on cultural diversity, competition and existing copyright rules in Europe.
FEP together with a number of European national libraries, collecting societies and writers, is actively developing a tool: ARROW to make it easier for users such as librarians to find out about the status of the books, is it commercially available?, is out of print and if yes, where can I contact the author or the publisher?, is it orphan and can I scan it? And subsequently to clear rights for these books that are either orphan (rights holders cannot be identified nor localised) or out of print (and the rights holders agree with such a digitisation).
ARROW or Accessible Registries of Rights Information and Orphan Works towards Europeana will set a network of available information sources such as databases of books in print, ISBN (international standard book number) to permit a diligent search before scanning an making online available. http://www.arrow-net.eu/
FEP and its members strive for 21st century models which will be beneficial to all, authors, publishers, librarians and ultimately, society as a whole.
For more information, call FEP office 027701110
FEP BROCHURE
FEP has published its brochure ‘The Whole World is Here’ explaining the role of publishers. We have printed copies available upon request and in annex you can find the pdf file.
FEP
Resolution on the AAP – AG – Google Settlement (14/11)
FEP and its member associations, meeting for their General Assembly in Brussels on 14th November, have agreed to the following resolution concerning the Association of American Publishers, Authors’ Guild and Google settlement announced on the 28th October and which is about to be notified to all rights holders involved in the agreement:
The settlement to this long-running litigation is a significant step. In particular, we understand that in signing this settlement, Google de facto recognises that digitisation and making available are not covered by fair use. However, it must be acknowledged that the introduction of the opt-out principle in the agreement significantly weakens existing copyright regimes and stands in sharp contrast to European solutions, in particular to the Europeana project.
We look forward to the official launch of Europeana next week in the presence of the Culture Ministers of all EU Member States, which builds on the work of European publishers to digitise and make content available online and on the dialogue that we have had within the High Level Experts Group on digital libraries under the auspices of Commissioner Viviane Reding.
FEP has been always supportive of the Europeana initiative which underlines that since intellectual property rights are a key tool to stimulate creativity, Europe's cultural material should be digitised, made available and preserved in full respect of copyright and related rights.(1) European copyright laws have allowed the development of a highly successful publishing industry, consisting of many SMEs, worth more than 22 billion euros and publishing 600.000 new books on a yearly basis, thus contributing to European cultural diversity.
Europeana recognises that in order to digitise and to provide access to copyright works, even to “snippets”, it is necessary to previously obtain the consent of rights holders. European publishers note that the US settlement provides for a different opt-out solution which may be appropriate for the US but which effectively runs counter to the essential principle of prior consent which forms the basis of the European copyright legislation and of the Europeana project. It also de facto runs counter to the essential condition of the Berne Convention that registration should not be a prerequisite of copyright protection.
European publishers firmly support the essential principle of Europeana that all solutions should be based on open standards and must be market neutral so as to avoid the creation of de-facto monopolies. In coherence with this principle, in analysing the impact of the agreement, European publishers will consider the risk of a de facto monopoly for distribution of books that is contrary to the interest of consumers and society at large and which could endanger the European book industry and cultural diversity.
Europeana, by working in partnership and constant dialogue with all stakeholders, secures the integrity of works and high quality of authenticated digitisation. This way, European consumers can choose freely from the full, diverse range of works digitised with full respect for authors’ moral rights.
FEP looks forward continuing working with the European Commission and the other European institutions to build together a truly multilingual and diversified European digital library, reflecting our common cultural heritage and values.
(1) Commission Recommendation of 24 August 2006 on the digitisation and online accessibility of cultural material and digital preservation
Advocacy report of the FEP in favour of European programmes for books – latest versions available!
The Federation of European Publishers has published its report ‘Europe and the book’ which presents publishers’ demands for improved support for European projects based on the grounds that the book is the key element of European cultures and languages, and that publishing is at the core of the Information Society and Digital Libraries that the European Union also encourages. It also expresses publishers’ need for support to projects in developing countries, as the book is the main vehicle for education and culture, which are key factors of development. Finally, it suggests that the European Union should keep on encouraging its trading partners to adopt legal frameworks that are favourable to the publishing industry, notably by insisting on enforcement and on the application of the Florence agreement. The report presents a comprehensive list of 20 measures to improve some policies in support of books at European Union level. This report has been sent to key policy-makers at EU level and to key representatives of the EU Council Presidency (French, Czech and Swedish).
