Brussels think-tank calls for EU copyright reform
Copyright laws in Europe are not working and should be “re-balanced and de-cluttered”, according to the Brussels-based Lisbon Council.
In a report published on September 10, the think-tank explained that the EU copyright system is outdated and recommended ways of bringing it into line with the digital age.
The group of 10 lawyers, academics and entrepreneurs—all copyright specialists—produced the 67-page report which, they believe, will boost innovation, encourage creativity, and generate growth and jobs, if adopted.
Led by Professor Ian Hargreaves, best known for publishing Digital Opportunity: A Review of Intellectual Property and Growth, a copyright review commissioned by British prime minister David Cameron, the group formed three common arguments.
The first is that the current system is not working. “Their views differ on the extent of the dysfunctionality, but no-one defends the system as it is,” said Hargreaves.
Second: “Copyright is not finished. That view (‘information wants to be free’) does exist in some American assessments that grow out of an idealistic prioritisation of the free speech properties of the Internet. The authors here take the view, which I share, that we need a re-balancing and de-cluttering of commercial returns to copyright in a digital environment, not their abandonment.”
And third, he said, this re-balancing of interests is achievable—politically, technically and culturally.
One of the group, Jeff Lynn, chief executive of Seedrs, an online crowdfunding platform for investing in start-ups, gave two examples of how copyright law stifles innovation under the EU system. “It doesn’t account for transformative copying. Digital technologies have radically transformed what it means to make a copy. It is now far easier to start with an existing work and add important creative elements to it to create a brand new, valuable work,” he said.
He added that there is a lack of distinction between de minimis and large-scale copying. “Incidental” (often inadvertent) infringement is not only inevitable, he said, but it is “part and parcel of using the Internet and participating in innovation generally”.
One remedy would be an open, efficient and effective pan-European digital market where rights can be easily licensed and protected. This view, supported by Cloudcaster Mixcloud (represented in the think-tank by co-founder Nico Perez) was endorsed by Till Kreutzer, a German IP lawyer.
“This could function like a commodities market, but where rights are sold and licensed with market forces helping to determine the value of a copyrighted work. One idea would be to separate the reporting aspects from the collecting ones. A new independent database could be set up to facilitate reporting since Internet services can easily track and record exactly what is consumed.
“This is undoubtedly a big task, but as with the EU regulations on roaming tariffs, the long-term benefits to business consumers and final listeners of digital content will be enormous,” he said.
The report is freely available online at www.lisboncouncil.net.
The members of the group are: Professor Hargreaves; Lynn; Paul Klimpel, German IP lawyer; Perez; Kreutzer; Cédric Manara, French IP lawyer; Lilian Edwards, professor of Internet law at Strathclyde University; Michel Vivant, IP professor at Sciences Po in Paris; Reto Hilty, IP law professor at the University of Zurich; and Bernt Hugenholtz, IP law professor at the University of Amsterdam.
