The value gap proposal in the latest Franco-German deal: what are the key points?
As readers who have been following the discourse around the draft Directive on Copyright in the Digital Single Market [Katposts here ] will know, a few days ago the closed-door trilogue negotiations encountered a major obstacle, due to disagreement over one of the most debated provisions in this proposed piece of legislation: Article 13, also known as the 'value gap' or 'transfer of value' proposal [Katposts here ] . While France has supported the idea that the obligations within Article 13 should be generally applicable, Germany has advanced the view that an exemption should be instead available to undertakings with annual turnovers below a certain threshold (EUR 20 million). Concept of 'value gap' Article 13 is a provision which, in the original intention of the EU Commission, would serve to remedy what has come to be known in jargon as the ‘value gap’ or ‘transfer of value’. This concept refers...