We're on their trail, and we've got many fresh leads to chase down — please support our work. Israeli photojournalist Tali Mayer, 28, was shot by a black-tipped sponge bullet while reporting on a demonstration. Zakariya Julani, 14, from Shuafat refugee camp, was hit by a black sponge-tipped bullet while standing near his house as Israeli police forces were monitoring workers renovating the separation wall. He lost his left eye. Image: Tali Mayer. All rights reserved. In the summer of there was a specific event that a lot of people in Jerusalem and outside still see as decisive.
It was following the kidnap and murder of three Israeli teenagers, and then a revenge murder where Israeli teenagers killed a youth from Shuafat, an East Jerusalem neighbourhood, on the night of 1 July I was covering the funerals [of the Israelis] earlier that day, and later on that afternoon attempted lynchings were taking place in central Jerusalem in the aftermath; groups of people were trying to follow and find Palestinian workers in the centre of Jerusalem.
The morning after we heard the news about Mohammed Abu Khdeir, who had been kidnapped and killed. Even at that point I realised that this was going to be an event that would change day-to-day reality in Jerusalem. Shortly after I went to cover a protest by people from the neighbourhood on the murder. There were many journalists there, standing quite far from the events, and on the other side there were the cops.
And at some point bullets were shot towards us.
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I was shot in the right side of the face. A photographer standing next to me got shot in the shoulder and another one was in the neck. I had two breaks in the jaw and had to take a few months off to recover, so then I saw the war like every other citizen, on the sofa, on the TV and not as a journalist. But I started to research the bullets that were used against me. A month and a half after I was shot, a teenager called Mohammed Sunuqrut, from Wadi Joz in East Jerusalem, was shot in the head by a police officer [with a black-tipped sponge bullet] and killed. And there have been many reports since then of people being shot in the head with these bullets, which is against the official police regulations on how to use this bullet.
They were very interested in a project that would also reflect their own work to change policy regarding use of these bullets. Yihia Al-Amudi, 14, from Shuafat refugee camp, attends a school near a checkpoint that's a hotspot for clashes between police and Palestinian youths. Before then, blue sponge bullets, that were half the weight and actually made of sponge, were in use. But police officers complained that they were not useful enough. So then they changed them to the black ones, which look the same but the main material is not sponge but rubber, and they are much heavier.
They are still referred to as sponge bullets but they only have sponge tips. The severity of the injury depends on what part of the upper body is shot and on how far away the person who shot you was. We saw lots of different cases, some more minor, including a year-old girl who was shot in the neck but was okay, but also many cases of people losing their eyes — not just the eyesight, but completely losing the whole eye. There was one year-old child from Isawiyah [a Palestinian neighbourhood in East Jerusalem] who was shot in a specific place in the head that caused him to lose one eye immediately, and then later on the sight in his other eye, so he went completely blind.
Most of the people who I photographed lost at least one of their eyes. Ahmad Abu-Hummus, 14, from the neighbourhood of Isawiya, was shot in the head by a black sponge-tipped bullet near his house. He suffered many fractures to his skull and has been left with severe brain damage. The project focused on 16 people who lost their eyes from these bullets and who were not part of a demonstration when they were shot. We wanted to make a wide statement in Israel and Palestine about these bullets.
They are defined as non-lethal weapons to disperse crowds. But most of the demonstrations in East Jerusalem are not demonstrations that we are used to seeing in other places; there is a specific relationship in these neighbourhoods between protesters and the police.
We wanted the public to be aware that people who live in these neighbourhoods, who are not taking part in a demonstration, are being shot in the head, to start people thinking about it. Also, people who are injured during demonstrations in Jerusalem are straight away evacuated to the Palestinian hospitals in East Jerusalem, or Ramallah, because if they were to be evacuated to the Israeli hospitals they would be arrested straight after or even during their medical treatment.
Therefore it is much harder for us to be on top of the data in the increase in injuries among protesters. But I can only assume that, with the levels of clashes that we see, there must be an increase in protesters being injured too. Taysir Sanduka, 33, was shot by a black sponge-tipped bullet when returning from work on the day of the funeral of Mohammed Abu khdeir, in Shuafat. He was hit in his left eye after becoming caught between the funeral procession and Israeli police. Already blind in his right eye since childhood, he is now completely blind. And anyway the regulations even for the less strong blue sponge bullets stated that you are not allowed to shoot the upper part of the body — so from the stomach and up.
Improvements to the Directive have offered a greater indication that these are possible under an exception, although libraries will need to work at the national level to ensure these are covered. A fall-back exception for out-of-commerce works where no collective management organisation exists for a specific category of work in a given country Article 8 2 : the grand plan in the original Directive was to allow for extended collective licensing of out-of-commerce works?
Stronger conditions on when a country can opt out of the education exception Article 5 2 : the original proposal left a lot of scope for Member States to disapply the new education exception and allow licensing to prevail. However, it is clear that many educational licences are not fit for purpose. The final version of the Directive puts the onus on Member States to ensure that before an exception is taken away, licences have to offer a realistic solution.
Protection of the public domain Article 14 : recent cases have seen actors take simple photos of works which have long been in the public domain and claim copyright. This can represent a barrier to their spread, as key texts and images risk being subject to infringement proceedings.
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The final version of the Directive makes it clear that straightforward reproductions of works in the public domain cannot themselves claim copyright. A clear possibility to have broader limitations and exceptions Article 25 : the tendency in international copyright law is to favour higher levels of protection of rights, rather than greater scope to pursue public interest goals through exceptions. However, in the final version of the Directive, it is made clear that Member States should feel able to go further if they want. Extension of education exception to uses by educators in other settings Article 5 1 : the original version of the directive allowed for teachers to use digital works in the classroom, or online.
This potentially restricts the ability of educators to offer courses in libraries and elsewhere. The final version of the Directive clarifies that this is possible under the exception or licences if applicable. This once again makes the lazy assumption that exceptions are more or less the same thing as piracy wrong , and would have meant that experiments carried out with TDM could not be reproduced.
Scientific publications in the scope of the new rights for online press publications Article 2 4 : in one European Parliament committee, there was an to extend the new planned press publishers right extended to scientific publications. This did not make sense, given the very different market conditions there not least the fact that authors are not paid for their work. Fortunately, MEPs saw sense and rejected this proposal. Continued over-protection of technological protection measures Article 7 2 : the original Directive took the refreshing step of arguing that technological protection measures TPMs which prevent the enjoyment of exceptions for example copying for preservation should not themselves enjoy legal protection, even for licenced as opposed to purchased works.
The European Parliament tried to reverse this, leaving any work accessed under licence potentially tied up in TPMs. This proposal did not make it to the final version.
No possibility to cumulate exceptions and limitations Article 7 : a further effort sought to overturn the highly restricted TU Darmstadt ruling. This established that it is possible to combine exceptions, as long as these continue to respect the three-step test. Automatic right for publishers to benefit from public lending right at the expense of authors Article 16 2 : one often-overlooked article in the Directive served to protect collective management organisations who had been paying out shares of copying revenues to publishers. Following the Reprobel case in the Court of Justice of the European Union, they risked having to pay this money out to authors instead — the Directive therefore underlines that publishers can claim a share.
There were efforts during the negotiation of the Directive to extend this to public lending right, which would have seen authors in a number of countries lose revenue to publishers. The final version leaves the choice to Member States. Library repositories being covered by new rules on platform liability Article 2 6 : the first version of Article 13 now 17 would have meant that any site hosting large volumes of user uploaded content would need to implement filters to check for infringement, or face liability. This would have placed a huge burden on scientific and open education repositories, which play a vital role in giving access to materials.
Thanks to extensive work, there is now a clear exception for these, alongside sites such as Wikipedia. Libraries and individuals being obliged to pay for uses of short snippets of press publications Article 15 1 : while clearly aimed at GoogleNews, the original version of the Directive gave very broad application to the Press Publishers Right, with non-commercial users such as libraries potentially liable to pay.
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This would have potentially had a major impact on research work done by librarians for users, as well as catalogues and libguides. Fortunately, the new Directive is clear that non-commercial users are not affected. Works can only be declared out of commerce when all versions, manifestations and translations are no longer on sale Article 8 5 : the original version of the Directive indicated that a work could only come under the new provisions when all versions, manifestations and translations were no longer on sale.
This would have seriously limited the impact of the Directive, given that different language versions are not necessarily interchangeable, and that researchers may well need a specific edition, and so cannot complete their work with a substitute that is still on sale. This would have seriously limited the work of libraries working with the press, as well as research into recent history. In the end, the duration of the right was limited to two years.
This would have put into question work already done using this material, bringing major new uncertainty. The final version of the Directive is clear that there is no retroactive effect. Here are ten more things to watch out for: Rules around permissible security measures in text and data mining Article 3 3 : the Directive underlines that rightholders are allowed to take security measures in order to protect their works. At the same time, this should not lead to the cancelling out of the TDM exception in the first place. Finding the right balance here — and preventing overly restrictive approaches — will be important if the exception is to have its full effect.
Rules around opting out of text and data mining for all individuals and institutions Article 4 3 : as highlighted above, a major step forwards was the mandatory TDM exception for the benefit of people and organisations outside of research centres, libraries and cultural heritage institutions if they have legal access to the works mined.
There is a catch here, in that rightholders can explicitly state that they do not want their works mined. It will be important to work with Member States to ensure that the rules around this are specific enough to mean that opting out is the exception, not the rule. Definition of who can benefit from the education exception Recital 20 : despite our efforts, the education exception formally still only applies to educational establishments, although it can be used under the authority of a formal education institution in libraries and cultural heritage institutions.
There is, nonetheless, a possibility to ensure that libraries or groups that offer training and support to people in libraries are recognised as educational establishments in national law. This would open up useful new possibilities for libraries to fulfil their potential as places for learning. Application of the opt-out from the education exception Article 5 2 : as highlighted above, there is the possibility for Member States to decide that the new education exception does not apply in situations where there are licences adapted for educational uses on offer.
There is likely to be extensive rightholder lobbying in favour of excluding broad categories of works from the exception.