(WEB HOST INDUSTRY REVIEW) — In response to the possible threat of intellectual property rights breaches to the economy, Members of the European Parliament have recommend the removal of barriers to a single digital market by granting European Union-wide copyright licences for products such as music, books and films.
On Wednesday, Parliament voted for the adoption of the Report on the Enforcement of Intellectual Property in the Internal Market, which calls on the European Commission to propose legislation that would lay down a framework for action by EU governments in taking on intellectual property infringement, both online and offline.
“[T]he phenomenon of on-line piracy has assumed very alarming proportions, particularly for the creative content industries,” notes the report, authored by conservative French MEP Marielle Gallo. “[T]he existing legal framework has proven incapable of effectively protecting rights-holders on the Internet and the balance between all the interests at stake, including those of consumers.”
The legislation would call upon all parties concerned, including Internet service providers, on-line sales platforms, rights-holders and consumers’ organisations to establish a dialogue on practical measures to be adopted to raise awareness about piracy, such as providing brief, visible and relevant warning messages. It also stresses that all parties concerned – including ISPs – must join in the dialogue with stakeholders in order to find the appropriate solutions in the course of 2010.
It also suggests the introduction of criminal sanctions for copyright infringement, in addition to the civil sanctions already available to rights holders.
The Commission will be defining a comprehensive strategy on IPR, designed to remove obstacles to creating a single market in the online environment and adapt Europe’s IPR legislative framework. In doing so, it is also held to account for current societal trends and technical developments.
The Commission also pointed out that there is not enough data on IPR breaches, and independent studies need to be carried out before any new legislation is proposed.
The IFPI (www.ifpi.org), which represents the international recording industry, has welcomed the European Parliament’s manoeuvres as a means to stop piracy of creative works.
“Today the Parliament sent a clear signal to the European Commission, and beyond, that a stronger, more coordinated approach is needed to promote and protect the rights of creative industries in Europe,” IFPI chief executive officer Frances Moore said in a statement. “This is a timely and welcome message. Piracy is a major threat to jobs in Europe and it is a direct obstacle to legitimate enterprise in the music, book, film and other sectors. The Parliament has recognised that governments cannot stand by in the face of this threat. We applaud the Rapporteur, Marielle Gallo, and the Parliament for taking this stand.”
Not everyone, however, is pleased by the decision. Parliament voted 328 in favour, and 245 against, leaving a considerable difference of opinion. Also, several rights groups have spoke out against the proposed regulations.
“The Gallo report is an illustration of the will of the entertainment industry to try to impose private copyright police and justice of the Net.” said Jérémie Zimmermann, spokesperson of the citizen advocacy group La Quadrature du Net. “Repressive schemes such as the ‘three strikes’ policies and other Internet access restrictions – typified by the French HADOPI or the UK Digital Economy laws – negate fundamental rights, such as the right to a fair trial, the freedom of communication or the right to privacy. So far, they have also turned out to be a political and technical failure. Even if they are encouraged by the European Commission and the draft ACTA agreement, such measures giving investigation, evidence collection and sanction powers to private actors are not tolerable in democracies abiding by the rule of Law.”
The Commission also investigated two alternative resolutions tabled by the S&D, Greens/EFA and EUL/NGL groups on the one hand and by the ALDE group on the other, however, both were rejected.
MEPs also called on the Commission to renew its efforts to negotiate an Anti-Counterfeiting Trade Agreement that would take full account of Parliament’s position, and to ensure that the provisions of the ACTA fully comply with existing EU rules on IPR and fundamental rights.
“EU citizens must remain watchful and continue their essential work of informing their elected representatives about the crucial role that a free Internet plays for the future of our societies and an expanded creative economy,” concludes Zimmermann.
For ISPs, new regulations could mean more vigilant monitoring of clients. According to a recent opinion piece written by Struan Robertson, a technology lawyer with Pinsent Masons (www.pinsentmasons.com) and editor of IT and e-commerce legal news site OUT-LAW.COM, one of the founding principles of the Internet age is that service providers should not be liable for the illegal content they host until they’re allerted to it.
While the US law does not require the general knowledge of “ubiquitous” infringement to necessitate service providers to monitor or search for infringements, Europe is waiting for more clearly defined rules on ISP responsibilities.
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