Be Flexible, The World Has Changed

Michael Hedges September 13, 2012 - Follow on Twitter

Advancing creativity and innovation through universal connectivity enabled by new technology has been the great promise of the digital age. And, too, there’s the promise of lots of money. Who would want to stand in the way? Many, it seems.

A lot has changed, European Commission Vice President for the Digital Agenda Neelie Kroes reminded those attending the Intellectual Property and Innovation Summit of The Lisbon Council (September 10), since drafts of the European Commissions (EC) Copy right Directive were first circulated shortly before the turn of the century. Facebook founder Mark Zuckerberg was 14 years old in 1998, she noted. “YouTube didn’t exist. Today, one hour of video is uploaded every second.”

Within the media sphere, this is all well known. The digital revolution has been beautiful, bountiful and quite disruptive. Commissioner Kroes is seeking support for significant reforms of European copyright law. “Not to be dogmatic, but pragmatic. Not to consider the question as an abstract, philosophical issue: but in its context and time.”

The European Parliament (EP) Culture Committee the following day (September 11) adopted the report of French MEP Jean-Marie Cavada on the copyright issue at odds with Commissioner Kroes and Internal Markets Commissioner Michel Barnier, whose office is drafting an updated Copyright Directive. The Cavada report stressed the need for robust infringement enforcement. Commissioner Kroes, who earlier this year changed position on the enforcement-heavy Anti-Counterfeiting Trade Agreement (ACTA) treaty, enjoined “the real world.” The EP rejected the ACTA treaty in July, 70% of MEPs voting against.

“Each day we fail to respond, we are missing out,” said Commissioner Kroes. “Consumers miss out on easy, legal access to their favorite products. The creative sector misses out on new markets, new innovations, new opportunities. We all miss out on new ways to share, recognize, and appreciate our cultural heritage. And our economy overall misses out on the chance of new growth.”

The Cavada report specifically addressed online distribution of audiovisual works, focused on film and television. “The Parliament recognizes the importance of protecting copyright as it is an essential tool for maintaining creativity in the cultural and audiovisual sectors, “ said M. Cavada in a statement after the Culture Committee vote. “I see no conflict between developing the digital market and safeguarding copyright, but it will be necessary for people working in the industry to adapt to these changes. The EU can help with this transition, especially by creating the right conditions needed for complying with the law, facilitating cross-border licensing and simplifying the procedure for copyright collecting.”

The “current trend” of lifting internet service provider’s liability for consumer protection, intellectual property rights and privacy protection, said the Cavada report pointing to the European Commission, should be reversed. EU Member States were invited to “ensure that (copyright) collecting societies are based on efficient systems, functional and interoperable.”

Commissioner Kroes favors a pan-European copyright solution, in line with promoting and developing the single market, including a one-stop European copyright shop. “If it took the BBC years of paperwork to market a TV program across the EU: how does that help repay their creative investment?” she asked rhetorically. “How are these restrictions improving our economy? How are they helping cultural diversity? How are they helping artists live from their art? How are they helping stem piracy?”

Winding its way through the German parliament is a draft “ancillary copyright” law that would force search engine companies to pay German newspaper publishers for reporting headlines and article descriptions in search results. Of course search engines, like Google, might simply report no headlines from German newspapers. Quoted by VentureBeat (September 10), Google’s vice president for northern and central Europe described the proposed German copyright law as “like putting up a big sign saying ‘we don’t understand the internet’.”

See also in ftm Knowledge

Digital Transitions

Media's transition from analogue to digital has opened opportunities and unleashed challenges beyond the imagination. Media is connected and mobile yet fettered by old rules and new economics. Broadcasters and publishers borrow from the past while inventing whole new services. This ftm Knowledge file explores the changes. 88 pages PDF (March 2012)

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Intellectual Property Rights - Yours, Mine and Ours

Every content creator and user has a vested interest in intellectual property rights, the rules meant to set a course for fair distribution of art, music, video and the written word. Agreement on those rules is not absolute. This ftm Knowledge file explores what's yours, mine and ours. 42 pages PDF (March 2011)

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