eco publishes position paper on copyright
- Adaptation to the digital age necessary – at the national and international level
- Enforcement of intellectual property rights already possible with the prevailing legislation
- eco supports the principle of “deletion rather than blocking”
Given the numerous challenges arising from the use, dissemination, and provision of content on the Internet, eco – Association of the Internet Industry e. V. calls for the modernization of copyright law at the European and German national levels in a recently published position paper.
So that copyright can satisfy its control function without inhibiting innovation, the existing rules need to be examined and adjusted internationally to the requirements of the knowledge and information society. This is the position taken by eco – Association of the Internet Industry in the position paper – also with a view to the conclusion of the EU consultation on 15 April 2016 on the enforcement of intellectual property rights.
Enforcement of intellectual property rights already possible with the prevailing legislation
In the eyes of the Internet industry, previous attempts of legislators have concentrated above all on an intensification of intellectual property rights, through which service providers have been more and more strongly drawn into a position of accountability. This tendency could also be seen in the currently concluding EU Commission consultation on the enforcement of intellectual property. The introduction of a duty of care is under consideration there. Through this, providers would be drawn into the copyright infringements of their users. “Placing an entire sector under general suspicion is something we consider completely inappropriate,” admonishes Oliver Süme, eco Director of Policy and Law. For this reason, eco rejects further legislative measures in this regard. “There is currently, at least in Germany, a functioning and acceptable relationship between the interests of rights owners and the private rights of users. The existing right to information works and is often made use of.” The enforcement of copyrights is therefore already possible with the existing legislation.
eco supports the principle of “deletion rather than blocking”
The prosecution of copyright infringements and the enforcement of the rights of creators should be approached through the principle of “deletion rather than blocking”. Contrary to the ECJ judgment on the liability of access providers for the copyright infringements of third parties, which clears the way for net blocking, eco advocates that “such content [be] consistently deleted”. For this, the directive 2000/31/EC (the E-Commerce Directive) provides a binding legal framework at the European level for online services in the single market. “In our eyes, this directive is a significant milestone for the positive development of the Internet, and it provides a clear and efficient legal framework for access, hosting, and content providers.
For cross-border prosecution of copyright infringements, the existing European and national regulations – which are enforceable by binding decrees and judicial decisions – provide a solid basis. In addition to this, better cooperation should be achieved for cross-border letters rogatory, in order to limit the length of availability of copyright-infringing offers. Only in this way can copyright infringements be sustainably pursued and prosecuted.
Adaptation to the digital age – at the national and international level
Overall, in eco’s eyes, a paradigm shift is needed in the national and international regulatory policies on the topic of copyright. Especially with regard to licensing processes, according to eco, problems arise time and again. “There is a need for action at both the European and national levels. In order to enable companies to provide innovative services – for example, the one-stop shop principle – we must campaign for a general simplification of the acquisition of rights,” eco urges.
“To remove obstacles for cross-border online services, to offer companies and citizens more legal certainty and to safeguard the freedom of information and freedom of the media in the long term, new paths need to be taken and innovative solutions need to be actively driven forward,” Süme sums up.
The eco Position Paper “Adaptation of Copyright to the Digital Age” is available for download here.
