EUROPEAN Copyright SYSTEM ACT

Spain

Debate is now over. It is time to vote on the proposed amendments. There are THIRTEEN amendments up to vote:

Amendment I - Proposed by Cllr. Iras Tilkanas

SECTION I. EUROPEAN Copyright

This document defines 'European Copyright' as Copyright rights granted to a specific Copyright holder and legally recognized in all EU ~~member nations.~~ member-states that are members of the European Copyright System

Amendment II - Proposed by Cllr. Iras Tilkanas

SECTION I. EUROPEAN Copyright
...
3.European Copyrights may not be granted for
a. Overarching cultural concepts
b. Common cultural symbols or landmarks of a culture or member state
c. generic concepts and tropes widely used in ~~literature~~ any form of media and/or art including common cultural names
d. ~~where it is~~ works ~~too~~ close to an existing Copyright ~~that it could legitimately cause confusion between it and another work~~ such that legitimate confusion with existing work(s) is possible.

Amendment III - Proposed by Cllr. Iras Tilkanas

SECTION I. EUROPEAN Copyright
...
3. European Copyrights may not be granted for
a. Overarching cultural concepts
b. Common cultural symbols or landmarks of a culture or member state
c. generic concepts and tropes widely used in literature including common cultural names
d. where it is too close to an existing Copyright that it could legitimately cause confusion between it and another work
e. works any not intended for international distribution or consumption

Amendment IV - Proposed by Cllr. Iras Tilkanas

AMENDMENT IV

SECTION I. EUROPEAN Copyright
...
9. Copyrighted works after expiry may be used in any manner and without threat of any legal action. Any pursuance of legal action by the former copyright holder shall be treated as malicious and predatory and should be thrown out of the legal system. Should costs be incurred by the other party they must be paid by the former copyright holder with a possibility of repossession of property of the copyright holder should they refuse to pay such costs.

Amendment V - Proposed by Cllr. Iras Tilkanas

SECTION 1. EUROPEAN Copyright
...
10. It shall be the responsibility of content hosts to take down copyright infringing materials with a dispute process to prevent abuse of any takedown system and the right to a manual review by a human to ensure any decision is correct and does not fall under definition of fair use.
11. A content host shall be defined as any server, media distributor including physical media retailer or website that distributes a piece of copyrighted work
12. If a content host refuses to meet the requirement to take down copyright infringing materials they may legally be blocked, physically closed or taken down by the nation state who shall have a responsibility to do so if the internet hosting service or content host of the copyright infringing material doesn’t take down the content in a timely manner

Amendment VI - Proposed by Cllr. Iras Tilkanas

SECTION 1. EUROPEAN Copyright
....
13. Copyrighted works may be used ~~as fair use but only if the portion of use is:~~ by members of the general public if use is one or more of the following:
a. ~~significantly~~ transformative
~~b. Uses only the amount of material needed to make the point or parody the original copyrighted~~ of a character and/or purpose different from that or those of the original work
c. does not detract from the sales or revenue of the original work ~~such as just reacting silently to a whole clip on social media or using a whole work where less use of the work would suffice~~
d. Is not solely for profit or a direct copy of the copyrighted work
e. ~~It is~~ in public interest ~~to air the clip such as in the case of political speech or political videos or exposing a company or organisation that is acting against a perceived public interest.~~

Amendment VII - Proposed by Cllr. Iras Tilkanas

SECTION 1. EUROPEAN Copyright
...
13. Copyrighted works may be used ~~as fair use but only if the portion of use is:~~ by members the general public if use is one or more of the following:
a:Significantly transformative
b. Uses only the amount of material needed to make the point or parody the original copyrighted work
c. does not detract from the sales or revenue of the original work such as just reacting silently to a whole clip on social media or using a whole work where less use of the work would suffice
d. Is not solely for profit or a direct copy of the copyrighted work
e. ~~It is~~ in public interest ~~to air the clip such as in the case of political speech or political videos or exposing a company or organisation that is acting against a perceived public interest.~~

Amendment VIII - Proposed by Cllr. Iras Tilkanas

SECTION 1. EUROPEAN Copyright
.....

14. Any action taken against a work which is clearly protected by fair use provisions especially if used as a strategy within a pattern of behaviour shall be considered malicious prosecution with the responsible party liable for any damages including legal defense and income loss to the victim. If they do not pay these damages including the legal defense and income loss they may have their assets seized and sold off in order to pay off the victim.

Amendment IX - Proposed by Cllr. Iras Tilkanas

SECTION II. EUROPEAN Copyright OFFICE
....
4. The Board of Appeal and Enforcement of the ECO shall
a. consist of a set number of qualified legal experts nominated by the European Council or its subcommittee; and
b. create and maintain a regulated system of courts to hear European Copyright disputes; said courts will hold judicial authority to give verdict in such cases

Amendment X - Proposed by Cllr. Iras Tilkanas

SECTION III. FUNDING
1. Any one European Union member nation may willingly agree to pay a yearly membership fee to the European Copyright Office. This fee
a. grants any persons and/or legal persons registered or holding citizenship in the said member nation to apply for a European Copyright without any additional fees; and
b. is determined yearly by the Department of Finance of the ECO.
3. Persons and/or legal persons registered or holding citizenship in EU member ~~nations~~ states that ~~have not paid the ECO membership fee~~ or nations outside of the EU
a. can ~~still normally~~ apply for a European Copyright; however
b. are obliged to pay a fee, determined by the Department of Finance, to the ECO to cover the expenses of the application process, as well as another, equivalent to the value lost to the public by the granting of the copyright, as estimated by the Department of Finance, and to be distributed equally to all citizens of the member-states of the European Union

Amendment XI - Proposed by Cllr. Iras Tilkanas

SECTION IV. WITHDRAWAL FROM THE EUROPEAN Copyright SYSTEM

When this document is approved by the European Council, the European Copyright System ~~becomes valid in all European Union member nations.~~ comes into existence.
Any European Union member ~~nation~~ state may declare its intention to join or withdraw from the European Copyright System.
a) The accession or withdrawal of a member-state from the European Copyright System becomes effective upon such declaration.
The European Copyright Office cannot guarantee that Copyrights approved in nations not part of the European Copyright System are recognised in all European Union member nations.
European Union member nations are encouraged to become part of the European Copyright System.
Any nation within the system must apply the new 15 years from publication limit to all national copyrights and move over the national copyrights to the European Copyright System.

Amendment XII - Proposed by Cllr. Iras Tilkanas

Replace all mentions of "member nations" and "member nation" with "member-states" and "member-state," respectively.

Amendment XIII - Proposed by Commissioner James-Mizrachi Roscoe

SECTION III. FUNDING

Any one European Union member nation may willingly agree to pay a yearly membership fee to the European Copyright Office. This fee
a. grants any persons, organisations and/or legal persons registered or holding citizenship in the said member nation to apply for a European Copyright without any additional fees; and
b. is determined yearly by the Department of Finance of the ECO.
Persons, organisations and/or legal persons registered or holding citizenship in EU member nations that have not paid the ECO membership fee or nations outside of the EU
a. can still normally apply for a European Copyright; however
b. are obliged to pay a small one off application fee, determined by the Department of Finance, to the ECO to cover the expenses of the application process and no more.

Voting on amendments will commence NOW and will last until 17:40 GMT on July 11th, 2024.

I vote FOR Amendments I, II, III, IV, VI, VIII, IX, XI, XII and XIII and AGAINST Amendments V, VII and X.

Donald Tusk
Council Speaker and Councillor for Spain

Elthize

I vote FOR amendments I through XII, and vote AGAINST Amendment XIII.

Rebel Kofi
Councillor for The State of Elthize

Mishar Republic

On behalf of the Mishar Republic, I vote FOR all amendments.

Suzie Dakota, Councillor for the Mishar Republic

BrumBrum

On behalf of United Duchies I vote FOR ammendments I, II, IX and XIII and AGAINST all other amendments
Skye Hook , Deputy Councillour for United Duchies

Istkalen

I vote FOR Amendments I through XII, and AGAINST Amendment XIII.

Iras Tilkanas
Councillor for the Republic of Istkalen

Spain

Voting on the amendments has concluded. The voting results are the following:

With 5 votes FOR and none AGAINST, Amendment I has PASSED.
With 5 votes FOR and none AGAINST, Amendment II has PASSED.
With 4 votes FOR and 1 vote AGAINST, Amendment III has PASSED.
With 4 votes FOR and 1 vote AGAINST, Amendment IV has PASSED.
With 3 votes FOR and 2 votes AGAINST, Amendment V has PASSED.
With 4 votes FOR and 1 vote AGAINST, Amendment VI has PASSED.
With 3 votes FOR and 2 votes AGAINST, Amendment VII has PASSED.
With 4 votes FOR and 1 vote AGAINST, Amendment VIII has PASSED.
With 5 votes FOR and none AGAINST, Amendment IX has PASSED.
With 3 votes FOR and 2 votes AGAINST, Amendment X has PASSED.
With 4 votes FOR and 1 vote AGAINST, Amendment XI has PASSED.
With 4 votes FOR and 1 vote AGAINST, Amendment XII has PASSED.
With 3 votes FOR and 2 votes AGAINST, Amendment XIII has PASSED.

The proposal has been updated accordingly.

Final voting begins NOW and will last until 10:24 GMT on July 17th, 2024.

On behalf of the Kingdom of Spain, I vote AGAINST this act.

Donald Tusk
Council Speaker and Councillor for Spain

BrumBrum

On behalf of United Duchies I vote FOR this act
Skye Hook, Deputy Councilliour for United Duchies

Istkalen

I vote AGAINST this act.

Iras Tilkanas
Councillor for the Republic of Istkalen

Elthize

I vote AGAINST this act.

Devon Albert
Interim Councillor for The State of Elthize

Yosai

On behalf of the Federal Republic of Yosai I vote FOR this act.

Izumi Miwako, Councilor for the Federal Republic of Yosai

California

On behalf of the United Kingdom, I vote FOR this act.

Caroline Lucas

Kingdom of Reitzmag

Assembly for the European Council

The Kingdom of Reitzmag's Assembly for the European Council has decided through a vote with the presence of all members as follows:

Ayes - 7
Noes - 3
Abtentions - 1

The Ayes have it. The Ayes have it.

Therefore, the Kingdom of Reitzmag votes FOR this act.

Dame Yuridiana Yahontov GCC
Councilor, Kingdom of Reitzmag

Duxburian Union

On behalf of the Union of Duxburian Dominions, I vote AGAINST thia act.

Wesley Greene
Councillor-General of the Duxburian Union

Spain

Voting has now concluded. With 4 votes FOR and 4 votes AGAINST, this bill has FAILED.

Donald Tusk
Council Speaker and Councillor for Spain