[Advocacy Advisors] EU to tackle copyright reform

Thu Dec 6 22:49:25 UTC 2012

Hello again,

since this is a mailing list and no one really wants to read long stories I
will try to recap the day and the positions in a nutshell. It was basically
a meeting with a long speech by the Commissioner for Internal Market and
Services Michel Barnier and a short speech by conservative MEP Marielle
Gallo.

Barnier naturally started how this was this beginning of the process of
legsilative process, how they are open to discuss everything and work with
everyone. Of course he didn't miss to stress how important the creative
industry is to the economy, and while the internet has brought a lot of
positives (like giving more people access to quality content) but also a
lot of problems (it doesn't cover the investments that authors, editors and
production companies have to make to create the content)

About the *legislation strategy*:

   - Let the industry and stakeholders find solutions themselves.
   - Be prepared to legislate wherever necessary. Review the "society and
   information" directive from 2011 if needed.

His *vision* of copyright has three major points:

   1. Make it easier for Europeans to access their *cultural heritage*.
   Here the project Europeana and the Orphan Works Directive (which doesn't
   allow commercial use, thus Wikimedia can't profit from it) are mentioned as
   positive projects.
   2. Make it possible for Europeans to access content across the single
   market. *Remove geographically limited licenses* within the EU, since
   the EU is a single market and such geographical limitation are illegal for
   other products.
   3. Reform copyright in a way to *allow* *authors to earn an** income *and
   attracts investment in the creation of quality content.

Worth mentioning is that he stressed several times that he is not
ideologically burdened and open to any exceptions and propositions, *even
exceptions in copyright*.

Here the position of MEP Gallo was the absolute opposite as she stressed
that she is not talking of adapting the copyright itself, but the way it
works.

Back to the Commission, they have started an initiative they call
"Licensing Europe", which should start a dialogue that lasts until the end
of 2013 to come up with very specific solution to cope with the legitimate
frustrations of consumers, companies and citizens. The Commission has
identified six questions around which the debates should be structured:

   1. Cross-border portability of content services.
   2. Online access to audiovisual works.
   3. Digitalisation and access to European films.
   4. The judicial insecurity regarding the reuse of content online.
   Consideration of one-click policies.
   5. Questions raised by new search technologies and data mining.
   6. The private copying levies. To wait for the mediation process by
   Antonio Vitorino.<http://ec.europa.eu/commission_2010-2014/barnier/headlines/speeches/2011/11/20111123_en.htm>

Until New Year the Commission will draw up all the modalities for the
"Lincensing Europe" initiative so the process can start in 2013.

In the Q&A there were quite some interesting questions (some from the
Pirate Party) which didn't really lead to interesting answers. The
Commissioner is clearly hoping for some technological solutions for the
copyright problems, but is open to other proposals. The question about law
enforcement when it comes to copyright was ducked by referring to the
broader picture and that any enforcement need to demonstrate values that
are felt as legitimate.

Sorry for boring you, but reading this is your choice :). For those who are
still awake some gossip from the corridors: Apparently the three
Commissioners (Internal Market, Digital and Culture/Education) are a bit
competitive about who should have the leading role. It is not clear yet who
will dominate.  For us it would naturally be best to have the latter two,
as Barnier is more market oriented, while Vassilakou focuses on culture and
education.

I will until January try to come up with a set of ideas/proposals/demands,
that can hopefully be discussed in the Wikimedia movement (especially the
European chapters) and lead to a united and strong position early on in the
legislative process. Let's make sure this time we are involved throughout
and have  real chance of input. I believe after ACTA blew up the Commission
will be much more willing to listen and cooperate.

Best,
Dimi
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