Code of Best Practices and Policy Recommendations

This deliverable contains the Best Practices and Policy Recommendations developed by WP2 on copyright flexibilities and access to culture. Best practices are directed to stakeholders and aim at facilitating the understanding and use of the most important copyright flexibilities offered by the EU and national legal systems. Policy Recommendations build on the data and other findings produced by WP2 research to propose reforms directed to national and EU policymakers, with the aim of achieving a fairer copyright balance, which incentivises a diversified and competitive cultural and creative production while ensuring access to culture and the enjoyment of basic fundamental rights to all. Best practises were compiled on the basis of the mapping of statutory and case law sources in all Member States. They were tested at an expert and stakeholders workshop that took place in Amsterdam (Institute of Information Law – University of Amsterdam) on 21 September 2022, and was jointly organized with Communia. On the basis of the feedback received, the best practices will be transformed into guidance, rendered more user-friendly and disseminated online via social media, stakeholders’ organizations, and the website www.copyrightuser.eu and www.copyrightflexibilities.eu. Draft policy recommendations were compiled in coordination with other WPs and tested in an informal workshop held in Brussels on 20 September 2022 with interested EC policymakers. On the basis of the feedback received, and of other informal exchanges which are planned in the following months, they will be revised in structure and approach in order to be ultimately presented at the project’s final conference at the end of January 2023. Guidance and best practices were prepared on the basis of the findings of the EU and comparative mapping of copyright flexibilities, and on the outcome of the surveys and interviews conducted under WP2. They were tested at a workshop with experts and stakeholders held at the Institute of Information Law of the University of Amsterdam on 21 September 2022.