170504 Le Soir La grande hantise du cinéma européen_04052017.pdf
Belgian newspaper talks about geoblocking and the jeopardization of the industry by the Commission proposal to apply the Country of Origin Principle.
As the proposal regulation on copyright applicable to broadcasting organization online ( cab/sat ) is to be voted on the 4th May at the European Parliament, we suggest you to have a look on what the text says.
The following is the official letter that has beensent to the G7 Ministers of Culture to ensure the continued success of the entertainment sector across the G7 countries and beyond. Click to download a PDF version below and feel free to share the document with fellow producers and producer associations.
CEO Culture Ministers piracy letter 29 March 2017.pdf
The following is our official position on the European Commission's Regulation on Portability. Click to download a PDF version blow and feel free to share the document with fellow producers and producer associations.
EPC Position on Portability Regulation.pdf
EPC POSITION ON THE EC REGULATION ON PORTABILITY
Paris, March 2016
Last December, the European commission published a regulation proposal on cross-border portability of online content services in the international market.
The EPC, only organization gathering 100 individual producers, coming from 20 countries around Europe, wishes to express its concerns and fears on this proposed EC Regulation as specified below.
As a premise, we would like to reaffirm the absolute necessity of territorial exclusivity of the copyright, as a foundation of our industry. It allows the financing of the film, and then their exploitation, securing return on investment to the financiers of the films. As a reminder, the budget of a feature film, or a TV show, ranges from 0,5 to 50 million euros. The amounts invested are huge, creating jobs and structural employment in every European country, while nourishing our cultural diversity.
We believe that the measures proposed in the EC Regulation may threaten our industry, as it is expressed today, and we call for consequent modifications.
1. On the necessity of cross-border portability
A recent representative survey on Cross-border access to online content published by the EU (Flash Eurobarometer 411) shows a majority (82%) of respondents were able to find the audiovisual content they were looking for. 75% of the respondents have never tried to have access to content in a paid subscription services. Among the 25% who tried, it worked perfectly well for 30%. The unhappy viewers are 70% of 25%, meaning 17,5% of respondents.
Further, only 8% of internet users have tried to access content through online services outside their Home State, of these only 5%, or a Total of only 0,4%for audio-visual content.
Conclusion: The number of people that are concerned by this measure is very low.
It’s important to keep that aspect in mind, when imposing a regulation that could disrupt the economy of a whole sector.
However, the right holders are aware that the way people watch audiovisual content may change in the near future, and they are ready to anticipate these changes in a way that doesn’t disrupt the industry.
2. Portability should not be an exemption to the author rights
The EPC is in favor of applying portability to content on four conditions:
Portability rights are granted by a rights holder to a broadcaster or an online service provider. This cession is subject to contract defining the cession and the particular use of the rights in question.
Granting portability on content should be neither a limitation from nor an exemption to the exercise of author’s rights. Even if the proposed EC Regulation is forcing the providers to propose portability to their users, it must be subject to contract between the parties.
This is particularly relevant since the provisions in the proposed EC Regulation are very vague. It opens the door to giving rights for free for a new exploitation that will never be monetized for the rights holders.
We may imagine that in a near future, portability of content may spread widely, and films will be watched all over Europe, while this new use will never be paid to the rights holders.
3. Conditions of according portability on online content
The respect of these conditions is elemental to the handling of portability. The precise definition of these conditions has to be included in the EC Regulation.
The EC Regulation should also specify that its disposition would not apply retrospectively.
There can’t be portability if there are no more precisions on the applicable conditions:
The cession of portability rights is subject to contract defining the cession and the particular use of the rights in question.
Identifying the user
While respecting the EU data protection achievements, the authentication of users must be strengthened, using as many identifiers as possible, in order to verify that the user is the one holding a paid service.
This notion should clearly define a period of time, mentioning holiday periods or business trips. Portability has to be temporary, for a travelling user. It can’t address a foreign resident in a country.
For paid services only
Broadcasters are among the main financiers of our films and act nationally. Extending portability to nonpaid services will open the doors to national broadcasters to make their content available in another country for free, so even if the user is clearly identified and registered this would threaten the existence of our industry.
4. Transition period
The danger this Regulation may provoke to our sector is huge. A transition period should be established in order to:
In conclusion, the EPC members would like to remind that copyright is based on territoriality and this is the basis of the financing and exploitation of the works they produce.
The European Commission has not proved in the studies as yet ordered and published, the relevant necessity of changing the whole system to adapt to a new demand.
However, EPC members may agree on giving portability to their content, under certain conditions designed to act as safeguards regarding the foundation of our industry.
The proposed Regulation does not provide these safeguards and should be strongly amended in order not to endanger the whole creative industry. We hope to have given input with the above recommendations
Today, a delegation of the European Producers Club met Andrus Ansip, Vice-president for the Digital Single Market at the European Commission.
Blog post - by Andrus Ansip - 26 June 2015
Moving ahead with building the Digital Single Market
A few hours ago, EU leaders gave their backing to our plans to build a Digital Single Market: endorsement at the highest political level. Now we can really start to move forward, to build a DSM for Europe.
It has been a hectic few weeks of travel so firstly, my apologies for not posting a blog for quite a long time. Then, last week, a nasty cycling accident unfortunately prevented me from attending the One Europe, One Digital Single Market conference in Riga last week.
The title says it all. It sums up the thinking behind our #DigitalSingleMarket strategy for Europe: the vision of a unified marketplace for Europe's people and business that is digital, or gradually turning digital. This is, after all, our long-term objective.
Just a few hours ago, at a summit in Brussels, EU national leaders gave their backing to these plans and called for action in its key component areas. It is good to see digital issues return to the top of the political agenda; the last time they were properly discussed at an EU summit was when I was still Prime Minister of Estonia.
In October 2013, the European Council strongly supported the Commission's (Neelie's) Digital Agenda, called for early adoption of the Telecoms Single Market proposals and stated, boldly: "the commitment to complete the digital single market by 2015 has to be delivered on".
We know today that this was too optimistic.
So, after many months of hard work to develop the strategy, this endorsement at the highest political level is very welcome.
Now we can really start to move forward, to build a DSM for Europe. The green light given by the EU's 28 countries also means that they should take some control and ownership of the various initiatives that we will present, once they are properly prepared.
I sincerely hope that with our comprehensive workplan on the table, Member States now turn their 2013 and 2015 commitments to build the Digital Single Market into reality.
We are now in the last full week of Latvia's six-month EU Presidency. I would like to thank my Latvian friends for all their hard work and efforts to promote what we want to achieve with the DSM strategy. Not all of it has been plain sailing. The DSM is not an easy task to achieve.
It's not over yet, of course – we are still working hard to try to find agreement on the Telecoms Single Market proposals, for example. I have said it many times before, but it is worth repeating again: without progress in this area, we cannot have much progress in building a DSM.
Quality telecoms networks, high-speed connectivity for all, reliable internet access in all corners of Europe: this is the backbone for a truly digital society and economy.
Next Wednesday, July 1, the 'digital baton' of the EU Presidency passes from Latvia to Luxembourg for the second half of 2015. The pressure will remain after the handover, with some important work to finish in at least two areas that are vital to the overall success of the DSM project.
They were also mentioned specifically at this week's EU summit.
Firstly, to reach agreement on reforming the EU's rules on data protection, which must be done this year. Both businesses and individuals have to be confident that their data is secure and that they can trust technology and the people who provide it.
Trust and confidence are essential for the digital economy to thrive. Staying with security issues, the other immediate task is to finalise the Network and Information Security (NIS) Directive. Both EU countries and the Brussels institutions have long recognised the need to protect our digital networks and critical infrastructure - and to be able respond effectively to cyber-threats. Reaching agreement on NIS will be an important, and vital, step forward.
Without wanting to weigh down the Luxembourg Presidency too much, the first major proposals under the DSM strategy can be expected before the end of the year: to modernise Europe's rules on copyright and to align digital contract rights. They will certainly be controversial and not an easy ride - but both are core elements of any functioning digital single market.
At the same time, and as always, we are listening.
For all the major proposals envisaged, there will be public consultations (here is a list of some of those that are planned, though please be aware that dates may change) where you can voice your opinions and wishes – in the same way as when we launched the dedicated Digital4EU website to gather everyone's views when the DSM strategy was being developed.
But in all, a lot to look forward to for the rest of the year. These are just the first steps in a long process.
Another blog soon.
POSITION OF THE FRENCH AUTHORITIES
TOWARD THE DIGITAL SINGLE MARKET STRATEGY
Based on "Note des Autorités Françaises" released on April 2015 by the French government.
The French authorities state that any modification of the current regulations on copyrights must be thought through, based on facts and impact assessments. Any modernization of current regulations should respond to real needs proven by impact assessments.
The authors, artists, firms involved in the production, edition, diffusion and exploitation of creations as well as the entire society, including sectors relying on innovation, education and research, all of them must be taken into account before any conclusion can be made on the copyright recognition process.
The central issue regarding the reflection on the value chain is the role of the intermediaries operating on the internet and enabling Europeans to share and access creations. The intermediaries benefit indeed from creations without being submitted to the costs incurred and without having financed the content they broadcast. It seems therefore legitimate that their status in the value chain must be clarified so that they fall under the scope of application of the copyrights laws.
Going further, it appears urgent to define a status for intermediaries in the copyright directive. It is about re-thinking the current articles 14 and 15 from the e-commerce directive defining the host status. Its consequences must also be thought through.
Intermediaries of the internet can have various impacts on the content offer. They play a part in the presentation, the selection, the promotion, the display, the online release, the distribution. Overall, they are an important advertising factor.
The way intermediaries are currently dealt with is not relevant and it is capital that the law gives them a more appropriate status, one that corresponds to their actual role. Improving the European legal framework is necessary in order to ensure a better adequacy between the judicial application of copyrights (and related rights) and the role and activities of those intermediaries.
The French authorities strongly believe that the definition of a new status for intermediaries in the directive 2001/296 entitling them to specific duties and responsibilities when they play an active role such as promotion, distribution, and so on, of a copyrighted creation without the consent of the author or the rights owner.
In order to ensure the effective compliance to copyrights, efficient injunctions must be created to ease the judicial decision making process from a member state to another and to spur the definition of reasonable diligence and the conclusion of agreements between all concerned professionals.
The European Union should also strengthen the effectiveness of current injunctions toward the operators who are the most likely to end the infringement of copyrights and related rights in application of the article 8 of the directive 2001/29/CE.
It is a duty to provide rights owners with better working mechanisms at a European level to get injunctions stated by tribunals put in motion.
To improve the way copyrights are protected, every economic actor of the sector has to be involved. We can for instance, use the “follow the money” strategy to cut the ground from under illegal websites feet. The most important actors in the fight against illegal websites are advertisers, providers of online payment facilities and search engines.
Several member states have launched initiatives like « follow the money ». In France, for instance, a charter has been agreed on between advertisers and rights owners, in order to determine which websites should be prohibited as business partners. The same sort of thing is currently in motion with online payment service providers.
The European Commission actively follows this kind of actions as part of its action plan to fight against piracy. For the same reason, the commission is also analyzing the role search engines, internet service providers and so on, could play to better inform users that some websites are illegal.
The French authorities also express the necessity of acting at a European level to defeat pirates as internet is a multinational platform. It is essential to fight website which massively broadcast illegal content because they destroy value by feeding illegal economy and deny rights owners the fruits of their labor.
The French authorities share the objective of improving access to goods and services through borders inside the Union. However, they recommend to be careful and to base every action on deep thought and researched impact assessments. The propositions must be adapted and proportionate to the reality of the issue concerned. Details should be mastered and overreactions avoided.
Indeed, the assessments ordered and publicly published by the European Commission have shown that setting up mandatory licenses pan-European or calling into question the territoriality principle cannot represent relevant European political aims by themselves without taking into account the specificities of the sector and the potential consequences of the intended alternatives. In the audiovisual sector, for example, the demand for cross border offers does not justify, for most of the content, that the exploitation should reach a pan-European level. Actors of the sector should thus remain free to adapt their contractual practices to more of a local demand.
The attribution of licenses from territory to territory is essential to the financing strategy of audiovisual productions no matter their genre. It also favors cultural diversity. Based on this fact, any change in territorial attributed licenses whether it takes the shape of a country principle, an interdiction or restriction of passive sales, a limitation of the contractual freedom defining exclusivity in geographical distribution or an obligation of creating pan-European unitary title beyond the dispositions of title 3 of the directive 2014/26, especially in the audiovisual sector, would impoverish the creation in Europe hence affecting badly the growth, the employment and the cultural diversity.
In this respect, the priority should not be to dictate to operators an access cross border for productions no matter the actual or potential demand, no matter their partnerships or what they offer. The priority ought to be the improvement of the portability of the access to online services across Europe. It would also be necessary that the portability relies on market solutions and that it enables a suitable payment of rights owners.
A) Creating a doctrine to regulate the use of exceptions
Preserving and protecting copyrights and related rights implies the maintenance of the fragile balance between all stakeholders’ interests. However, softening the existing system by widening or creating exceptions calls into question this shaky balance.
Each and every exception should comply with the requirement of the three steps test:
Even though the demand for exception is rightful, it should not automatically lead to the establishment of a new one because too many exceptions weaken the original law.
The exceptions should therefore be used only if they are the unique solution to a specific issue.
Altogether, the key element is to find a way to regulate the use of exceptions to respond to both the demand for flexibility and the demand for protection of rights.
This is why the French authorities believe that there is a need for a clearly established doctrine of use of legal exceptions in order to sustain the equilibria guaranteed by copyrights.
The French authorities also recommend avoiding taking a legislative approach regarding the reflection on a doctrine on use of exceptions to prevent ending up with more exceptions. They think a dialog with stakeholders would be more relevant.
B) A better diffusion at a European level
The French authorities share the aim of a better diffusion of works of research (open access) with Europe.
One capital issue is the text and data mining because it ought to be both accessible and protected. However to improve the pan-European diffusion of works, numeric ways shall be used and through these types of platforms, protection of data is a real challenge.
The following text is the speech of M. Oettinger the European Commissioner, which he delivered at the Digital Assembly of Riga (17th and 18th June 2015).
Ladies and Gentlemen,
I would like to thank the Latvian Presidency and in particular Mr. Kaspars Gerhards, Minister of Environmental Protection and Regional Development of Latvia, for organising this event.
It is for sure the highlight of the Presidency programme and reflects well the importance given by economy, society and politics to drive the digital development of Europe.
I would also like to thank all of you for your active participation. Yesterday and this morning, you talked about a number of topics that are essential for the completion of the Digital Single Market and the future of Europe. Let me give you my views on some issues, which are of great importance to me.
The Digital Single Market needs to be enabled by unconstrained connectivity for everyone and everything, everywhere. More than ever, Europe needs adequate connectivity. This is true for each and every citizen. And this is also true for industry, for businesses, whatever their size, for schools, research and innovation centres, for public services across Europe.
It is the availability and the use of high-quality connectivity that will enable and ultimately determine the success of the Digital Single Market.
· This is why we constantly monitor the development of economic indicators and the regulatory environment that may influence incentives and market conditions across Europe and determine, whether Europe is an attractive place to live, work and invest in.
We have just released our latest annual Digital Agenda Scoreboard, where we measure how much progress Europe has been making over the last five years in the digital sphere. There is no doubt that we are making progress, on all fronts. In particular, ever more citizens are going online, to do shopping, administrative procedures and much more.
For broadband, the scoreboard shows considerable progress. Next Generation Access (NGA) fixed-line technologies capable of providing at least 30 Mbps (Megabit per second) were available to 68% of EU households last year, compared with 62% a year before.
But it also shows that much remains to be done to catch up with the speed of the global digital economy. For instance at the end of last year only 6% of European homes had a subscription of above 100 Mbps services.
And overall, be it in terms of fixed or mobile connectivity, there are very important differences between and within Member States as far as broadband coverage and take-up are concerned.
In addition, connectivity needs are continuously increasing, driven today primarily by video. The Internet of Things, the data economy, the abundance of content and increasingly cheaper mobile devices are expected to accelerate this trend. They render the availability of bandwidth and the ease of upgrading networks a key enabler for the vibrant digital economy and society.
Our investment decisions of today will determine the quality of networks well beyond 2020. We need to better understand the Internet functionalities which are necessary for our digital future. We also need to reflect what fixed and mobile connectivity speed and quality features will be necessary if the digital single market is to drive growth well into the decade beyond 2020.
We need a cross-sector, cross-generational debate on future-oriented connectivity for Europe. We will launch a public consultation for all stakeholders, but in particular for users and developers of future applications on this topic in order to anticipate as best we can in all our policy processes their needs a decade or more from now.
We also need extra and quick investment efforts by the industry, by public authorities and by investors.
Building the network takes time and is extremely expensive. We cannot afford to get it wrong as starting again is not an option.
We need to take the right investment decisions to ensure the adequate Internet speed and quality for the next decades. These decisions have to be taken quickly, including if we want to make the best use of the European Fund for Strategic Investment (EFSI).
Indeed, three weeks ago, after intensive and efficient discussions, the Council and the European Parliament have reached an agreement on the Regulation concerning EFSI.
Now, it is time to focus on the core work, implementing this ambitious vision, which offers a one-of-a-kind opportunity to foster growth, jobs and investments across Europe.
For the digital sector, this investment plan is an opportunity to support innovative projects on a large scale, which, in Europe have received less political support than in other parts of the world. Attracting global financing into innovation and networks of the future is a key to our future.
The range of projects that can be financed under EFSI is very wide, and therefore it will allow any type of business models, even those that may be disruptive , to be eligible. For example, we are already discussing with the European Investment Bank projects of rural broadband networks, cloud services and computing, that may be considered for financing under EFSI.
This opportunity should not be missed. Now we have the tools in place to offer flexible financing solutions for digital projects in any country of the European Union, I encourage these projects come forward. We need to make sure digital is set as a priority in all our countries.
In a very near future, high speed data networks will be as important as roads and electricity lines. Broadband connectivity is already one of the basic needs of any citizen of Europe. Europe's excellence in computer science and microelectronics need to be exploited and expanded in a competitive global environment.
For us, who are involved in this sector in our day-to-day activities, the fantastic added value of the digital sector, as well as its potential for growth and jobs, are obvious. Nevertheless, we are still facing a lot of resistance from public and private stakeholders to invest in this sector. Technology risk and complex regulation are some of the reasons often brought to our attention as hurdles to investment.
I call for your support to emphasize the amazing opportunities the digital sector can offer to our societies and our economies. Risk and challenges associated with them should not be ignored but we can address them, and in some cases reduce them.
EFSI is an opportunity for the digital sector in Europe, but it will not achieve its goal unless private and public players in the sector work together on building up a pipeline of digital projects.
5G is another key aspect when we speak about Internet connectivity. It should indeed be a major step towards the implementation of an Internet of Things, with very efficient support, in terms of cost and energy efficiency, for connected objects of all kinds. It will provide specific connectivity solutions to different vertical sectors like automotive, health, energy, or broadcast.
The EU strongly supports the development of 5G as the future key digital infrastructure. This is why we have launched a Public Private Partnership (5G PPP) under Horizon 2020, with a EUR 700 million support by the European Commission.
Last March, I was at the Mobile World Congress in Barcelona to support the announcement by the industry of a common vision for 5G in Europe. This is a very much needed step towards the elaboration of a 5G global vision by the end of this year, with our international partners.
Europe should lead the race, as the global leader in network technology supply. We already have some research results that are world class. Europe should drive the 5G standardisation process and positively contribute to the spectrum debates. I call upon global industry to make every effort to come up with one single standard and with globally harmonised frequency bands.
Our ambition is also to see the emergence of partnerships between European actors from each vertical industry and telecom service providers to provide our society with new services made possible by connected cars, connected energy networks, connected health devices, remote surgery, industrial automation, etc. It is essential that actors from vertical industries work together with telecom and ICT actors to participate from the early phase in the design such partnerships.
Let me now speak about the role of ICT to maintain and increase our economic competitiveness.
To underpin the digitalisation of industry, innovation and excellence in science, we do need a strong ICT sector based on essential e-infrastructures such as pan-European research networks, data infrastructures and distributed computing. In coordination with the Member states, the Commission aims at supporting such e-Infrastructures.
Investing in state-of-the-art, open and interoperable platforms and innovation e-infrastructures is essential so that business can rely and use them to make products, processes or services ready for the digital age.
Available and easy-to-use High Performance Computing resources is a priority for the industry's competitiveness – in particular for SMEs – and for better adaptation to market demands, especially in terms of innovation and fast renewal of their product and service offerings. This is one of the main objectives of Industry 4.0.
The European Commission is starting a process of involvement of stakeholders to explore the opportunities offered by the European Fund for Strategic Investment, where High Performance Computing is a key infrastructural component.
Beyond the ICT sector per se, we also need to digitise our industry broadly speaking across Europe. Future growth and jobs depend on mastering the digitalisation of industry at large.
In mid-April, at the industrial trade fair in Hannover, I announced a set of measures to attract investments in digitising our industry all across Europe.
I proposed actions in four key areas to be elaborated with the help of Member States and industry:
First, we need to facilitate access to digital technologies for any industry, especially SMEs, wherever it is located in Europe and in any sector.
Second, leadership in platforms for digital industry. The objective is to ensure the availability of state-of-the-art open and interoperable platforms that any business can use to make its products, processes or services ready for the digital age.
Third, preparing our workforce to benefit from the digital transformation. There is a clear need for promoting digital skills at all levels, for re-skilling, and for lifelong learning across Europe and its regions. Of course, this is the competence of Member States, but given the dimension and urgency of the challenge, I believe we need a concerted effort to be able to progress more rapidly.
Fourth, smart regulation for smart industry. New digital business models are challenging existing regulatory systems worldwide, requiring a new way of policy-making. We need to adapt our regulatory and legal frameworks to digital innovations.
Our ambition should now be to significantly increase these efforts and join forces to create critical mass and attract private investment.
Our challenge is to ensure urgently that all industrial sectors make the best use of new technologies and manage their digital transformation. National and regional initiatives on digitising industry aim at the same objective. However, there is a considerable risk that these initiatives remain below the scale needed and do not succeed in creating critical mass and attract private investment.
We have therefore organised a roundtable of national initiatives that will take place in Brussels on 30 June. High-level representatives have been invited with the objective to explore how to step up our efforts and join forces. We will take stock of the individual initiatives and identify which EU actions would be needed to significantly increase our overall impact.
Larger corporations could more actively involve digital start-ups to anticipate potential disruption and enable innovation, in order to improve their performance, increase competitiveness, acquire new technologies and know-how.
Last, let me briefly speak about two forthcoming legislative proposals that will impact on the European media and content landscape, where the EU needs to keep up and, if necessary, adapt.
The EU Digital Single Market strategy announces "A media framework for the 21st century". As a first step, the Commission is assessing the functioning of the Audiovisual Media Services Directive (AVMSD) in the context of a so-called REFIT (regulatory fitness) evaluation. A revision of the Directive is foreseen in 2016.
It is clear that businesses should be empowered to innovate and compete in the digital world and EU's creativity and rich cultural diversity should be promoted just as much as EU values and consumer protection.
It is also clear that the country of origin principle has ensured unhindered cross-border transmission of audiovisual media services within Europe.
What are then the main subjects under review? The AVMSD covers television broadcasts and on-demand audiovisual media services, but does not apply to content hosted by online video-sharing platforms and intermediaries. It also applies a core set of "societal values" rules to all audiovisual media services and provides lighter touch regulation to on-demand services where the users decide on the content and the time of viewing.
We will look closely at whether the current system is working well and, if not, propose solutions for the future. We will focus on simplification of the rules, particularly in the field of advertising and on protection of minors, the promotion of European works and freedom of information.
As part of REFIT, the Commission will launch a public consultation in the coming weeks. You are all encouraged to contribute.
The DSM Strategy also sets out our objectives in the area of copyright. They concern both the way rights are exercised in the internal market and certain exceptions to those rights.
Portability and consumer cross-border access to content services are important elements in the on-going work on copyright, as they are key enablers of the Digital Single Market. Different interests at stake and the specificities of different sectors are being considered in this context, notably as regards sports, films and television.
Our ambition is to create more opportunities for the citizen to enjoy Europe's cultural diversity without destroying the underlying business value chains. We will not be imposing pan-European licences on the market players.
Moreover, it would be important to have harmonised copyright exceptions regarding certain activities of libraries, research and education.
The Commission is also assessing the functioning of content distribution in the digital environment and whether it ensures adequate reward for those who create and invest in creativity. We will be looking in particular at the role of internet intermediaries when they distribute copyright protected content.
We aim at the adoption of a formal copyright proposal before the end of 2015.
Ladies and gentlemen,
I hope that together we can smoothly move forward on all these important files.
I very much look forward to hearing more about the outcome of your discussions during these two days of Digital Assembly, about your ideas and suggestions, about your expectations, about how we can together make the European economy and society more digital.
Thank you for your attention.
The EC’s proposed copyright reform was a dominating theme at committee meetings of the European Parliament (EP) this week, giving the occasion to the EC Commissioner for Education, Culture, Youth and Sport, Tibor Navracsics, to give his views on the Commission’s proposals:
“It would be a mistake if we would support a ‘one size fits all’ method for the whole of culture because we have such a sophisticated system of copyright which varies from branches to branches: it is different in literature, it is different in the movie industry and in the music industry,”
“What is important for us is to find a good balance between consumers’ access, on the one hand, and creators and artists’ remuneration, on the other,”
“modernization, but not elimination of copyright: we have to modernize copyright systems because of the digital era and a lot of new developments, but we have to protect the basic institutions and elements of well functioning copyright systems.”
The quotes have been extracted from an article of ScreenDaily, written the 17th of June 2015 by Martin Blaney.
Yesterday the Legal Affairs Committee of the European Parliament voted and passed an amended version of Julia Reda copyright evaluation report.
The final adopted text is however not yet available.
The final vote which will determine whether the entire Parliament passes or rejects the report will be held on the 9th of July.
To get more information :
After the Legal Affairs Committee vote, Julia Reda made some declarations which we have transcripted (not an official transcript):
Julia Reda’s declarations after the Legal committee vote on her report
the 16th of June.
Based on: https://www.youtube.com/watch?v=LxWKotajhsI&feature=youtu.be
The European Parliament goes way beyond the Commission’s plans on copyrights reform; it doesn’t just focus on removing market barriers but really on improving access to knowledge and education for all the people in Europe.
The biggest problem is this narcissism of small differences that everybody thinks that exceptions on copyrights that their country has are completely common sense, education, quotation, this kinds of things. But the exceptions that other countries have, they might literally end the creation. So I think we need to have a very level debate and really see the effects of the exceptions in the countries that have them and if they are not harmful, then we should adopt them on a European level.
So the report says that if an author has given away their exclusive rights, so for example, if I’ve written a novel and given the exclusive rights to publish it to a publisher, after a certain amount of time, I should be able to get my rights back and re-negotiate. This is really important for the transition to the digital age because for example, many performers have signed their contract with record labels before internet streaming was around. So they get very little or no money from online streaming services. So this change would allow them to re-negotiate at some point and to take into account the new developments.
I’m a bit disappointed that by one vote we didn’t manage to have the recommendation to allow quotation of all kind of media because with media conversions it shouldn’t make a difference whether you’re quoting from a text or from a video. And I’m also disappointed that the European Parliament did not recognize that taking pictures of public buildings should never require permission from the architect.
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