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Single European Copyright Title On the Horizon

presroi (657709) writes "It has been 13 years after the last harmonization effort of copyright within the European Union and this period might soon be over. After the election of a new European Parliament in May this year, Jean-Claude Juncker has been nominated to become the new President of the European Commission. He has named a unified copyright his top priority, a statement repeated today at a hearing before the Greens/EFA group in the European parliament (transcript of the question by MEP Julia Reda and his answer in German, Video recording). These statements are coinciding with the upcoming release of a report by the General Directorate in charge of copyright, of which an advanced draft has been already leaked to the internet. The report analyzes four possible policy options, one of which is the introduction of a Single EU Copyright title."

62 of 94 comments (clear)

  1. Good news by marcello_dl · · Score: 3, Funny

    Nice to know that in our beloved EU the top priority for a politician is the harmonization of copyright. It means that all the other pressing problems have been solved.

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    1. Re:Good news by Anonymous Coward · · Score: 2, Insightful

      I know what you mean. They just filled a pothole on my street. That must mean there's a cure for cancer, right?

    2. Re:Good news by Anonymous Coward · · Score: 4, Funny

      They probably didnt mean to fill it, that would be fixing things. More likly, it was an implementation of the new and improved EU regulated speedbumps. Marked with the new and improved EU regulated paint and the new and improved EU regulated speedbumpsign.

    3. Re:Good news by 91degrees · · Score: 1

      What else, within the purview of the EU, does need to be solved and isn't being actively addressed?

    4. Re:Good news by debma · · Score: 3

      You're right, it makes completely sense to allow drivers from other countries on your roads and then have different rules and signs. It's also correct that you'd better not regulate the production of chemicals. Who cares what they put in it or that it is produced by 10 year olds?

    5. Re:Good news by K.+S.+Kyosuke · · Score: 5, Informative

      Corporate tax avoidance?

      --
      Ezekiel 23:20
    6. Re:Good news by AmiMoJo · · Score: 4, Insightful

      Harmonization of rules like this is the point of the EU. If someone in Italy starts ripping off the work of someone in France the French person doesn't have to worry about Italian law being significantly different to his own. Companies that rely on copyright to do business can operate over EU borders more easily, people can buy music from services in other EU countries without worrying about the copyright status of the tracks in their own.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
    7. Re:Good news by CrimsonAvenger · · Score: 2

      Corporate tax avoidance?

      Would that be like when you take your Standard Deduction (or Itemized, as appropriate for you) on your Income Taxes?

      Or deduct your VAT, if applicable?

      Do try to remember that "tax avoidance" is synonymous with "didn't pay any more taxes than legally obligated to". What it does NOT mean is "broke the law by paying less taxes than the law requires"....

      --

      "I do not agree with what you say, but I will defend to the death your right to say it"
    8. Re:Good news by Maxo-Texas · · Score: 3, Insightful

      So we really need a new name for when a company regularly avoids so much tax that it makes a profit off the tax system and another one for when it regularly pays zero taxes and shifts all of it's profits to another country while also consuming resources in the host company.

      I kinda like parasiticorp for the second one.

      The first is probably more "Evil scum back leeching bastards" but that seems too mild.

      --
      She was like chocolate when she drank... semi-sweet at first and then increasingly bitter.
    9. Re:Good news by davester666 · · Score: 1

      It just means you aren't encouraging them to work hard enough.

      --
      Sleep your way to a whiter smile...date a dentist!
    10. Re:Good news by davester666 · · Score: 2

      It is a problem, just the opposite of how they plan to fix it.

      They will "harmonize" it by picking the longest terms and adding a little bit, highest penalties and adding a little bit, most enforcement and adding a little bit, etc.

      --
      Sleep your way to a whiter smile...date a dentist!
    11. Re:Good news by marcello_dl · · Score: 1

      Yours is not a good example, PRO, performing right organizations, SACEM in france SIAE in Italy, have long had agreements in place to get performing rights from each other's protected works. The law governing those territories is a problem of the resident PRO.

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    12. Re:Good news by marcello_dl · · Score: 1

      Dang, I must have missed the speech declaring potholes higher in the priorities list than curing cancer.

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      ---- MISSING MISCELLANEOUS DATA SEGMENT --- [sigdash] trolololol
  2. And lemme guess at the "improvements" by Chas · · Score: 5, Insightful

    Nigh infinite duration.
    Poor review with an unfunded regulation body.
    A crippling, life-destroying penalties structure.
    Fair use? Son? What do you think this is? You're dreaming. Now go to jail! Because we have the patent on that and don't want you using it.

    --


    Chas - The one, the only.
    THANK GOD!!!
    1. Re:And lemme guess at the "improvements" by SuricouRaven · · Score: 3, Interesting

      You could read it, if you can translate from political doublespeak. I couldn't find anything about term extension of penalties, though there is a bit in there about enforcement. As best I can try to follow the semi-english obstruction, it seems to be proposing requiring ISPs and banks to take an active role in blocking infringing websites and cutting off their funding.

    2. Re:And lemme guess at the "improvements" by SuricouRaven · · Score: 1

      Obfuscated. Silly spellcheck.

    3. Re:And lemme guess at the "improvements" by wonkey_monkey · · Score: 2

      No, I think you were right the first time.

      --
      systemd is Roko's Basilisk.
    4. Re:And lemme guess at the "improvements" by Chas · · Score: 1

      Sorry that should be "Poor review with an unfunded, rubberstamp regulation body.

      --


      Chas - The one, the only.
      THANK GOD!!!
  3. Skimmed through by SuricouRaven · · Score: 5, Informative

    These are the most annoying parts, translated as best I can from Politician:

    3.2.6: Extend the blank media levy to Europe-wide, rather than country-by-country.
    3.3.4: Proposes increasing 'due diligence' burden on 'all actors in the value chain.' I think this means increase ISP liability for internet piracy so they are forced to preemptively block sites providing infringing content. It also specifically talks about the role of financial institutions in ensuring infringing services are unable to do business.

    1. Re:Skimmed through by Anonymous Coward · · Score: 2, Interesting

      3.2.6: Extend the blank media levy to Europe-wide, rather than country-by-country.

      I'm surprised copyright owners are still pushing for that since it has already come to bite them in the back in multiple occasions.
      In many countries, they're not able to prosecute for non-commercial copyright infringement because of that law. The rationale is that the infringer already paid for his copy in the for of that tax.

      It's of course a stupid law and I hate to see it in the proposal, but I can't help but wonder if it won't effectively create a Europe-wide file sharing utopia.
      Ahah! just kidding. They'll want to have their cake and eat it too, and our politicians won't stand in the way.

    2. Re:Skimmed through by SuricouRaven · · Score: 1

      Just like the DMCA over in the US: It's often used as a means of harassment.

    3. Re:Skimmed through by Immerman · · Score: 3, Informative

      Actually, IIRC the DMCA *does* have penalties for false take-down notices, they're just never enforced. Make enough of a nuisance of yourself to the big players though and I imagine they'll make sure that changes.

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    4. Re:Skimmed through by suutar · · Score: 2

      The problem is that filing a take down notice only requires two assertions: that you own or are an agent for someone who owns the copyright being (allegedly) infringed, and that you have a good faith belief that there is infringement happening. The first is subject to perjury penalties, which (perhaps unintentionally) prevents prank takedowns from non-copyright-holders. The latter, however, is nearly impossible to disprove without a smoking-gun email, leaving anyone who really is a copyright holder free to scatter takedown requests like rice at a wedding.

    5. Re:Skimmed through by Immerman · · Score: 2

      I suspect the prank take down obstruction was intentional, surely the publishers lobbying for the law realized it could otherwise be easily used against them. As for good faith, I think that comes down to interpretation. It should only take one reasonable judge smacking down a "good faith belief" in the infringement of a clearly non-infringing work to establish new precedent - say one of the many cases where a similar title was the only common element. Of course IANAL, so perhaps "good faith" clearly allows for inflicting hours or months of legal difficulties on someone without doing even 2 minutes of common-sense confirmation first, but there seems to be considerably overlap between the concepts of "good faith" and due diligence"

      --
      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    6. Re:Skimmed through by suutar · · Score: 2

      sadly, the legal definition of good faith (as described at legal-disctionary.thefreedictionary.com) has no connection with due diligence; it's all about taking things at face value. If the automatic scanning program says it's a hit, that's enough for a good-faith belief, until enough bad hits are revealed to show that the scanner is not deserving of that faith. (Which also means that copyright holders have pretty much zero incentive to improve such scanners until forced to.)

    7. Re:Skimmed through by future+assassin · · Score: 1

      So if we start sending miro sd cards/usb/sd through the mail is that mean that the mail/courier services will be partlity responsible for aiding and abeting copyright infrigment?

      --
      by TheSpoom (715771) Uncaring Linux user here. I have nothing to add to this but please continue. *munches popcorn*
  4. Surprised? by Anonymous Coward · · Score: 1

    JC is all about the consolidation of power. Copyright seems a reasonable place to start without angering Joe Schmoe too much. I guess this means we will have a warmer relationship with the dictatorship across the atlantic.

    I guess it could have been worse. The greens tried to put a pedophile on the throne. Err, i mean "chair".

  5. might not be such a bad idea by Anonymous Coward · · Score: 3, Interesting

    As someone who deal with copyright issues on a daily basis (i work in publishing, for the wargamers community). Dealing with disharmonized laws in Europe is a bit of a nightmare (i m based in France and recently had to deal with copyright issues in UK, turned out to be a bit of a nightmare).
    A unified law in Europe would help my dealings with authors.
    However i m sure they will put some insane things in it, the problem being that we basicaly got no saying when it comes to EU laws.

    1. Re: might not be such a bad idea by Anonymous Coward · · Score: 2, Interesting

      I did participate in the survey, however a survey is just a consultation , even if the majority would say they wanted to reduce the lenght of copyright to say 10 years they wouldnt be under any obligation to follow it. EU has an history of asking and doing the opposite, hence why i say we actually have no say.

    2. Re:might not be such a bad idea by Blue+Stone · · Score: 1

      ©ne Ring to Rule Them All

      --
      Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
  6. Just to get through the misleading stuff: by arisvega · · Score: 5, Informative

    After the election of a new European Parliament in May this year, Jean-Claude Juncker has been nominated to become the new President of the European Commission

    Basically, all of EU 's administration that matters is chosen by the running governments of the member-states: all administration is merely an assembly of the guys already in charge. The European Parliament has had very little to say on administrative issues, and this is the first term that the European Parliament's members will presumably have the power to block EU directives (something that remains to be seen how it works out): and this is the only part that they will have in the law-making process --the European Parliament DOES NOT have the power of legislative initiative.

    FYI, so you do not get carried away by flashy designations and think that this is an actual parliamentary representative democracy akin to national parliaments: it is not.

    --
    The three laws of thermodynamics:(1) You can't win. (2) You can't break even. (3) You can't even quit.
    1. Re:Just to get through the misleading stuff: by Halo1 · · Score: 1

      this is the first term that the European Parliament's members will presumably have the power to block EU directives (something that remains to be seen how it works out)

      That's incorrect. Look up the codecision procedure, it's been around since a long time. Since the Lisbon treaty, directives on more topics have come under codecision, but that one has been in effect for quite a while now.

      and this is the only part that they will have in the law-making process

      No, it's not just blocking or passing. They can, and do, also amend directives. These amendments then have to agreed upon with the Council of Ministers, but the opposite is also true.

      --the European Parliament DOES NOT have the power of legislative initiative.

      That's true, only the Commission has this power.

      FYI, so you do not get carried away by flashy designations and think that this is an actual parliamentary representative democracy akin to national parliaments: it is not.

      It's indeed not, since a lot of member states are heavily opposed to a "Federated States of Europe"-style organisation.

      --
      Donate free food here
    2. Re:Just to get through the misleading stuff: by DNS-and-BIND · · Score: 1

      It's to remove inefficiency of government. The EU are all smart people, they can make much better decisions when they are left alone. Just think of how good life will be when the stupid people are removed from the equation and government eliminates negative outcomes from the realm of possibility.

      "Referenda are pure gambling. There is no guarantee of a positive outcome, unfortunately."
      -- Danish EU advocate Charlotte Antonsen

      --
      Shutting down free speech with violence isn't fighting fascism. It IS fascism!
  7. 14 yrs would be good by EzInKy · · Score: 1

    What with the internet lightspeed and all it doesn't take much more than that to distribute your works. Hell, it was good enogh in the whip and buggy days, right?

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    Time is what keeps everything from happening all at once.
    1. Re:14 yrs would be good by EzInKy · · Score: 1

      What does that have to do with the price of rice in China? The man in is dead, his rights are dead.

      --
      Time is what keeps everything from happening all at once.
    2. Re: 14 yrs would be good by Anonymous Coward · · Score: 1

      sure - i'd also badly need get the cash of the pension of my now ten years dead grandfather for the next 30-60 years...

    3. Re:14 yrs would be good by SuricouRaven · · Score: 1

      It'd also be illegal. The Berne convention specifies life+term protection as a minimum.

    4. Re:14 yrs would be good by SuricouRaven · · Score: 1

      Most commercial works make the majority of their money within the first decade. Who still wants to buy the #1 hits of 2004? Only a very small number of works have the cultural staying power to still be in demand after even a decade, and those that do will make such a huge amount when new as to cover production costs easily. Why would 14 years be too short?

      The first Harry Potter book was published in 1997. On a 14-year term, it would have gone out of copyright in 2011. Do you think the franchise had made enough money by then?

    5. Re:14 yrs would be good by SuricouRaven · · Score: 1

      In music, most works are made under contract, so the copyright is with the label. This isn't the case in other industries. Publishing, for example. It would be most awkward for a publisher if their star author were to get hit by a car and die - the publisher would have paid them money in advance for the exclusive license, and suddenly every competitor would be able to start printing and selling the books cheap. That's why the 'life plus x' thing.

    6. Re:14 yrs would be good by SuricouRaven · · Score: 1

      The contract with the author would require royalties anyway. Of course they could publish it without royalties after 14 years, but so could everyone else, which means other publishers would drive price down to the cost of production.

    7. Re:14 yrs would be good by currently_awake · · Score: 1

      You could get the same effect by having a fixed term. Also given that a corporation lives forever, does that mean that corporate copyright lasts forever too?

    8. Re:14 yrs would be good by SuricouRaven · · Score: 1

      Corporate works - works-for-hire - are fixed term in the US, at 95 years. It's a bit more complicated here in the UK, and often takes a fair amount of research to figure out when something expires.

    9. Re:14 yrs would be good by gnasher719 · · Score: 1

      Actually, fixed term makes a lot more sense. Why should a book written by a 20 year old have on average sixty years more copyright than a book written by an 80 year old? And why should that change if the 20 year old is hit by a truck?

    10. Re:14 yrs would be good by SuricouRaven · · Score: 1

      It doesn't matter: Life+x is required by the Berne convention, which is not quite a requirement for WTO membership, but they'd certainly penalise anyone country that defied it. No no life+x means no free-trade agreements. That could be an economic disaster.

      Most countries actually set a term somewhat longer than Berne requires.

    11. Re:14 yrs would be good by Cederic · · Score: 1

      What if they did? You posit this as though it were a bad thing.

  8. Disappointing by amaurea · · Score: 5, Informative

    I took part in the copyright consultation (along with about 10000 others), and like many other members of the general public I pointed out the need for reducing the scope and duration of copyright, and to actually try to measure what effects copyright has rather than blindly assuming that it will have its intended consequence of increasing the production of works. I also pointed out that much cultural production, perhaps the majority if you count by the number of authors, is currently illegal due to unauthorized use of copyrighted works. This would disappear if the law as it is were consistently enforced, and gives us a glimpse of the cost of the current system.

    After reading parts of the leaked white paper, I am disappointed by the European Commission's response. They give lip service to these issues ("the need for an evidence-based approach", for example), but only in passing. In their "way forward" suggestions, they always choose either to do nothing, or to move according to the wishes of large publishers. They also assert, without evidence, that the dynamic, meditum-to-longer-term effect of reducing copyright would lead to a faster rate of obsolecense of copyrighted material, which would then lead to less incentive to create new works. That's stated as if it were self evident, just a single page after they emphasized the need for an evidence-based approach. In fact, I think a stronger case could be made for exactly the opposite conclusion: When copyright doesn't last forever, you have an incentive to create new works to benefit from.

    I did not expect much from the consultation, but I hoped that they would at least discuss the issues raised there, and argue against parts they disagreed with, rather than just ignoring them.

    1. Re:Disappointing by IamTheRealMike · · Score: 1

      This seems to be quite typical for government consultations. There's very little in the way of rigorous process. I remember years ago in the UK there was some poll that showed people were worried about anti-money laundering laws and their effect on freedom and civil liberties (it was a poll about risks to civil liberties, Ithink). So the British government said they'd respond to this by ordering a consultation on how best to improve Britain's AML laws. They invited public comments, etc. 6 months later the consultation was published and it recommended making the laws even stricter. There was absolutely no evidence-based approach used at all.

    2. Re:Disappointing by grep+-v+'.*'+* · · Score: 2

      I hoped that they would at least discuss the issues raised there, and argue against parts they disagreed with, rather than just ignoring them.

      "It is difficult to get a man to understand something, when his salary depends on his not understanding it." -- Upton Sinclair, circa 1934.

      Oh crap, that's still under copyright; he's only been dead for 46 years and said it a mere 80 years ago.

      Never mind, I didn't say anything there. Nothing at all. Nope. Really! ... please?

      --
      If the universe is someone's simulation -- does that mean the stars are just stuck pixels?
  9. Could be good by Anonymous Coward · · Score: 1

    This could be a great thing. For one, it might remove power from some of the most odious copyright organisations in Europe, like GEMA: http://en.wikipedia.org/wiki/G...

    It'd also create a common market for media streaming companies. No more of this bullshit where companies have to negotiate separate deals with each country's copyright authority, all of them with their special little caveats.
    To give another German example (it's where I currently live) none of the video streaming sites offer movies in the original language unless the movie is in German -- you either get the German dub or nothing.
    Google went as far as showing a warning label saying "audio is in German". I'm pretty sure they've already had quite a few people complain, and I'm also pretty sure it's not a technological limitation. My friend in Switzerland is able to stream movies from iTunes in multiple languages just fine.

    But somehow I'm pretty sure it'll all end up working against us. Copyright holders have been having a hard time changing existing laws to suit their interests, but when new laws are being written, I'm pretty sure they'll lobby the hell out of them.
    Also, they'll have one target to fight instead of having to go at it one country at a time.

    Hell, they'll probably let GEMA take the reins and fuck music for everyone instead of just the people in Germany.

  10. Maybe something sensible? by horza · · Score: 1

    So I expect to see:
    * reduction of the term of copyright to 14 years
    * ISPs granted common carrier status, and absolved of responsibility
    * clarification that linking to copyrighted content is not illegal, hosting the content is
    etc

    Though I doubt Jean-Claude Juncker, with his reputation as a beaurocrat, will help the EU in any way. Let's see if David Cameron was right about him or not.

    Phillip.

    1. Re:Maybe something sensible? by coofercat · · Score: 2

      We can expect millions of euros spent on months and months of wrangling to try to keep the most corporate-sponsored parts of the plan to be kept in whilst wording them in such a way that they don't look so corporately sponsored. All the features that the ordinary people of Europe might want will be watered down in wording that looks like it's all good but actually gives no power to those clauses.

      If you want shitty legislation, you've really got to pay for it. If you want good legislation, look elsewhere :-(

  11. Berne is a package deal with the rest of WTO by tepples · · Score: 1

    If you suggest withdrawing from Berne, expect complaints from export industries even other than entertainment. Withdrawal from Berne implies withdrawal from the WTO, and countries are likely to impose prohibitive import tariffs across the board on non-WTO members.

    1. Re:Berne is a package deal with the rest of WTO by Rakarra · · Score: 1

      Is this that "new world order?"

  12. Only one answer, to the Brits by jez9999 · · Score: 1

    Vote UKIP. Whatever you think of their other policies, we really need them in for one term to get out of the political union the EU imposes.

    1. Re:Only one answer, to the Brits by debma · · Score: 1

      I'm sorry to hear that the UK still lives in the 20th century but please don't waste our time with your stupid ideas. Sod off asap. tnx

    2. Re:Only one answer, to the Brits by Cederic · · Score: 1

      We're trying. Interesting that as soon as there's serious momentum behind the UK leaving the EU all the other nations are suddenly panicking about it - could be something to do with our net contribution.

      Sorry but I'm pissed off with bankrolling the EU. There are better things to spend the money on.
      I'm also fucking annoyed that the country is suffering from overpopulation, a significant cause of which is unfettered immigration from within the EU. I like Europeans, it's just that my country doesn't have the room or the infrastructure for them all to live here.

      UKIP is full of cocks, twats, idiots and the occasional racist. They are buffoons and have horrific policies. They also recognise that none of this matters while we're subservient to the EU and unable to make decisions in our own best interest.

      Terribly sorry if that offends you but tell you what: Invite Turkey, Serbia et al into the EU, force them to switch to the Euro and enjoy the expanded population and feeling of superiority that gives you. Just let the UK rescind into a small nation with a lot of free trade agreements, I'd be quite happy with that.

    3. Re:Only one answer, to the Brits by debma · · Score: 1

      Who's panicking? David Cameron didn't impress much EU leaders with his 'Juncker or me' threat, did he. You can't be part of a team and then continuously stall or block it for personal/national interest. it's give and take. And please don't think the UK is the only country suffering from excessive migration, we all have our migration problems and it would be very naive to think they will suddenly disappear by abolishing the EU.

    4. Re: Only one answer, to the Brits by Cederic · · Score: 1

      Extra gdp growth? You can get that through trade agreements. You can continue to participate in the European economy without needing to be part of the EU. You just get to avoid the insanely expensive unaccountable bureaucracy.

    5. Re:Only one answer, to the Brits by dunkelfalke · · Score: 1

      To be honest, many Europeans feel the same way: UK should get out of EU. The sooner, the better.

      --
      "It's such a fine line between stupid and clever" -- David St. Hubbins, Spinal Tap
    6. Re:Only one answer, to the Brits by Teun · · Score: 1

      Sorry but I'm pissed off with bankrolling the EU.

      Hahaha!

      Maggie made sure you guy's contribute less than the others and you are still moaning.
      There is ample evidence the EU as an economic partnership is hugely advantageous to all members, yes including the UK.
      B.t.w, have you ever thought about why British icons like the Mini, Bentley and Rolls Royce cars are now owned by the losers of WWII?
      Indeed, because the Brits have a deficiency in recognising their own shortcomings.

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."
    7. Re:Only one answer, to the Brits by Cederic · · Score: 1

      Maggie made sure you guy's contribute less than the others and you are still moaning.

      Less than France and Germany, perhaps. Oh no, we're only in the top fucking three. Quick, lets celebrate this senseless waste of several billion pounds.

      If Britain has so many shortcomings then it'll be no loss to the EU when we leave.

    8. Re:Only one answer, to the Brits by Teun · · Score: 1
      Sorry for the late reply.

      Your answer shows the problem with UKIP's stance, the advantage of the EU is mutual, going the UKIP's solitary way will be a loss to all, not just the UK.

      The contributions are not waste, they are sensible investment with a nice and factual return for all.

      --
      "The likes of Facebook and WhatsApp are free to those whose privacy is of zero value."