RD280 - ETNO Reflection Document in reply to the Creative Content Online consultation

The position paper is ETNO's reply to the consultation following the publication of the "Communication from the Commission on Creative Content Online in the Single Market", COM(2007)836 final of 03.01.2008.

• ETNO supports the goal of DRM interoperability. Standards, implementation and use of DRMs should be market-driven.
  
  
• ETNO supports promotion of competition between collecting societies for rights management. Each collecting society should be able to grant multi-territorial licenses.
  
  
• ETNO wants to emphasize that the best way to counteract illegal file-sharing of copyrighted material is through the availability of accessible, secure and price-worthy legitimate content. In the area of copyright infringement, there is also a need for adapting court-based procedures to situations created by new technology.
  
  
• ETNO questions the approach of filtering for the purposes of tackling copyright infringement and asks the Commission to reconsider.
  

The continued transition to digital modes of delivery should be based on competition and diversity. The market, as well as the regulatory framework, needs to meet the consumer’s right to privacy, choice, knowledge and cultural diversity.

Exemptions to copyright are an important part of citizens’ rights to share and develop knowledge. Any constraints on exemptions to copyright risk becoming counter-productive to the interactive use of online content.

ETNO supports the goal of DRM interoperability. Standards, implementation and use of DRMs should be market-driven.

ETNO supports promotion of competition between collecting societies for rights management. Each collecting society should be able to grant multi-territorial licenses.

The debate regarding illegal activities on the Internet frequently focuses on copyright. Positions are often very strong. ETNO wants to emphasize that the best way to counteract illegal file-sharing of copyrighted material is through the availability of accessible, secure and price-worthy legitimate content. In the area of copyright infringement, there is also a need for adapting court-based procedures to situations created by new technology. Access to such procedures needs to be made quicker and cheaper.

ETNO is looking with interest and care at the on-going developments in France. The current proposal, however, raises a range of issues that need to be further considered and analysed.

ETNO questions the approach of filtering for the purposes of tackling copyright infringement and asks the Commission to reconsider. Filtering is best performed at the level of the individual. Any broad use of filtering, over and above the specific case of blocking of sexual exploitation of children, would put freedom of expression at risk. ETNO believes filtering will not lead to efficient and proportionate results for the purpose of tackling copyright infringements. Moreover, filtering risks causing negative collateral effects, such as moves towards encryption for purpose of circumventing filtering mechanisms.