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04.10.2015

FROM ONE PIRATE TO THE OTHER : Global mobilization for the Protection of Intellectual Property

Web review - 10/04/2015

While the Forum d'Avignon just published an open letter to President Juncker 'Making copyright a priority of cultural Europe' in Les Echos on April 10th, 2015 on the occasion of its debate 'Copyright 'Made in Europe' at the Odeon Theatre of Europe, it is time to remember that the issues of copyright are not only French or European, but global.

The defense of copyright is not only a French exception

By signing on March 31st, 2015 in Berlin a Franco-German joint statement on copyright, Ms. Pellerin and Mr. Maas recall that the copyright issue is not a "French exception": copyright "must be promoted and preserved as the foundation of creative activity, while ensuring the inclusion of innovations in technologies, business models and usage habits." In counterpoint, Libraries and Archives Copyright Alliance (LACA) broadcast the London Manifesto, which supports a "fair copyright" within 10 proposals centered on Open Access.

Since the submission of its report that has been a hot topic of debate (generating more than 900 amendments by MEPs), Julia Reda seeks to eliminate the concerns of creators in front of the Committee on Culture, Education and Communication of the French Senate on April 2nd in the preamble to her speech: "the report [...] should not be misinterpreted as a total rewrite of the legislation on copyright and related rights." She is not the only one, the European Commissioners – continuing their consultations - announced the decline of the date of deposit of their proposal.

On the financing of creation’s side, the initiatives are multiplying: the independent European cinema proposes taxing the bandwidth to preserve the audiovisual ecosystem. For her part, the French Minister of Culture and Communication announced measures to 'block money' from sites that profit from pirated files with a charter with advertising agencies.

In the meantime, far from Europe…

The fight against pirates is itself showing creativity especially in Australia, for example, where the rights holders of the film Dallas Buyers Club recently demanded from ISP the contacts of customers whose IP addresses were identified as having been used in the illegal downloading of the film. In the United States where companies defending intellectual property are forced to wave the First Amendment of the US Constitution to justify their actions: IP address tracking through the use of subpoenas from individuals suspected of copyright abuse to the repeated calls by robots on pirates’ mobile phones. While on the Canadian side, recent reforms of copyright promote geo-blocking which condemns the use of the US Netflix, according to the law firm Fasken Martineau quoted by the Huffington Post... Recognizing the risk of a cropped legal offer, the SVOD service, as for it, calls for the end of the territoriality of rights.

These are some evidences which show that beyond the differences between “droits d’auteur” & copyright, between collective and individual management, global cultural industry has a common enemy: the hacker. And the answer must be at the same time political, technical, legal and cultural.

 

Paris and Berlin are committed to preserving copyright

France and Germany are committed to preserving copyright at the European level as a basis for creation, highlighting its role in stimulating cultural diversity, in a joint statement.

Read on lefilmfrancais.com

 

The copyright conundrum: do the critics have a case?

Does copyright really bar innovation and creativity, as some claim? Or is the real problem not about copyright law, but rather about finding efficient business models and better ways to achieve balance – to satisfy the information needs of end users while ensuring that rights-holders receive fair compensation for the use of their work?

Read on researchinformation.info

IABD: For a balanced copyright law, fair copyright

Since April 1st, the London Manifesto had ended to make one smile: not really a fish, though circumstantial, this initiative provides full support to the report by MEP Julia Reda. Worn by European librarians, the manifesto claims in ten points developments on the copyright.

Read on actualitte.com

Warner Bros. Asserts First Amendment Right to Hunt Copyright Pirates

The studio is facing a proposed class-action lawsuit that alleges it has abused subpoenas and allowed representatives to make robocalls to cell phones demanding settlements.

Read on hollywoodreporter.com

Netflix would like to offer a unique global service to the fight against piracy

Reed Hastings, CEO of Netflix, plans to unify its SVOD service worldwide. This would be the best way, he said, to fight against piracy and the use of VPN.

 

See also: Canadian legislation strengthens geoblocking

Read on 01net.com

The call from 26 European filmmakers to create a tax on bandwidth

Ken Loach, the Dardenne brothers or Wim Wenders propose taxing the bandwidth or throughput of an Internet giant to force the US to finance the web independent European cinema.

Read on 01net.com