Although it's rather
dropped off the radar, an extremely important revision of the
EU Copyright Directive has been underway for years. The biggest
development recently has been the excellent work by the German Pirate
Party MEP Julia Reda, who put together a draft report on the existing
Copyright Directive and some bold but sensible proposals for what the next iteration should
contain. Naturally, that report has come under fierce attack from the
copyright maximalists, who believe that copyright should only ever
get stronger and longer for their benefit, and that it should never
be changed for the benefit of the public, who are regarded simply as
consumers that must pay for every use of everything.
Reda's report has
received over 500 amendments, many of which not only weaken it,
but completely reverse its intent. Next Tuesday, the main European
Parliament committee responsible for this dossier, JURI,
votes on which amendments to incorporate into the report. It is
therefore important for people to contact their MEPs, asking them to
pass on messages about which amendments must be rejected. Communia
has put together a good guide to both good and bad amendments, which you might
want to draw upon.
I have included
below what I am sending to my MEPs; please feel free to draw on it,
but do not copy it verbatim, since that lessens the impact of sending
a personal message. To find out who you MEP is, you can use
WriteToThem.
I am writing to you
in connection with the JURI vote on Julia Reda's draft report on
revising the Copyright Directive. As you know, this is an extemely
important opportunity to make copyright fit for the digital age. If
it is not taken, it is likely to impact adversely the EU's
competitiveness and also lead to an increasing disregard for
copyright law, especially among young people. I would therefore like
to urge you to pass on to your JURI colleagues the following comments
about some of the key proposed amendments, and why they should be
rejected.
Reject
amendments 252 to 257
These all attack the
public domain. Copyright is an exceptional monopoly granted for a
limited time; after that time expires, works enter the public domain,
which therefore forms the foundation of all copyright laws. The
public domain represents the great store of knowledge that all can draw
upon to create anew. It must be defended.
Reject
amendment 409
This is an
extraordinary attack on the hyperlink, which lies at the heart of the
Web. It would impose an impossible responsibility on everyone
creating Web pages: to know the exact legal status of the Web page to
which they link. That is a job for judges, not people sitting at
home sharing interesting links with their friends and family.
Reject
amendment 279
Copyright has been
getting stronger, longer and wider for the last 300 years. It is now
so unbalanced that the vast majority of Europeans ignore it every day
as they use the Internet. In order to salvage at least some respect
for the law, copyright needs to be rowed back, not pushed forward
even more.
Reject
amendment 421
It is absurd that
people cannot take pictures of public scenes without worrying about
copyright issues. What is public must remain public, for anyone to
use, otherwise we are effectively destroying the public sphere.
Reject
amendments 236 to 244
The public pays for
public sector information, and has a right to use it. But there is
another powerful reason for placing public sector information in the
public domain: it allows the creation of huge new markets. Perhaps
the best example is the information from the Human Genome Project,
which was placed in the public domain, and has added $1 trillion to
the US economy as a result
(http://www.nature.com/news/economic-return-from-human-genome-project-grows-1.13187).
Reject
amendment 446
Text and data mining
are hugely important new tools that could lead to major scientific
discoveries. Attempts to require researchers to pay for the legal
right to carry out these techniques on material they have already
paid to access is double-dipping, and completely unreasonable. It is likely to put European researchers at a serious disadvantage compared with their peers elsewhere.
Reject
amendment 531
DRM overrides basic
rights; it is another example of where copyright is completely
unbalanced. It has the ironic effect of making unauthorised copies
of works without DRM more attractive than legal ones hobbled by it, and giving
power to US companies like Apple and Amazon that control the DRM used
for European works.
It is vitally
important to get copyright law right, since it is now completely out
of step with how people use the Internet, and how they create and
share works. If the copyright directive is not updated appropriately
now, there may not be another opportunity because copyright will have
become completely irrelevant in the digital world. Thank you for your help.
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