The EU Copyright „Reform” Ignores the User

Since the Digital Agenda was launched in 2010 called the European copyright debate has seen an unprecedented involvement of society. Culminating in the Public Consultation on the Review of EU Copyright Rules many demands have been voiced. The most recent policy initiative, which is scheduled to produce legislative proposals in late 2015, promises to deliver tangible results. However, the Digital Single Market Strategy ignores some of the most pressing issues for users of copyrighted material. The paper looks at two critical fields that demand solutions, or at least clarifications. First, following the UsedSoft judgment of the CJEU the question whether digital content can be resold has not been answered, with national courts giving differing answers. Second, a necessary extension of limitations and exceptions has constantly been delayed and has created legal uncertainty with regard to user-generated content, text and-data mining and other uses of protected works. In both discussion users have participated vividly and have been supported by academics and politicians. However, their requests for legislative intervention are not reflected in the current policy agenda and are, therefore, unlikely to feature in the draft legislation announced for the end of this year. The paper will illustrate the consequences for users and their interests, which vary from business opportunities to the exercise of basic fundamental rights.