European law report - A single cyber market
The European Commission intends to create a single market for online media by introducing a more simplified regulatory framework covering licensing, digital rights management and intellectual property. Producers will thus be encouraged to make films,...
The European Commission intends to create a single market for online media by introducing a more simplified regulatory framework covering licensing, digital rights management and intellectual property. Producers will thus be encouraged to make films, music and computer games more readily available on the worldwide web, while consumers will benefit from online media content which they can download and enjoy at their desks or at home.
The Commission has launched a public consultation on the basis of a communication it adopted in the beginning of the year titled Communication on Creative Content Online in the Single Market. The communication covers creative content that is distributed online, such as audiovisual media online (film, television, music and radio), games online, online publishing and educational content.
The market for online distribution poses many challenges. Most are of a legal nature, such as protecting or licensing copyrighted material made available online. Other challenges are more of a practical or logistical nature, such as creating billing systems or transferring creative content to the online world. The major concern of artists or copyright holders is the illegal copying of their copyrighted work once it is put online. This fear leads to a lack of available online content, which would in turn make the concept of a single online market impossible to achieve.
The Commission deems that in order for rightholders to appreciate the potential benefits of the single online market, it has to develop a system that encourages them to entrust their copyrighted material to the web. Existing licensing mechanisms would therefore have to be adapted for a multi-territorial scenario. In the music sector, for instance, the Commission has come up with a recommendation to create an online collective management of music rights, which transcends borders. Digital piracy would have to be tackled on a European scale. Currently the only means to curb abuse is the pay-per-download paradigm.
The Commission intends to combat illegal activities by firstly developing educational initiatives to create an awareness on the importance of copyright and how this could make content available.
Secondly, cooperation mechanisms will have to be put in place to improve respect of copyright in the online environment.
The collaboration of digital rights management across the EU as well as improved cooperation between internet service providers in stopping the dissemination of infringing content are just two examples of such cooperation mechanisms.
The consultation will pave the way for a recommendation of the Parliament and the Council, which would also cover other matters like collaboration of digital rights management societies, encouragement of innovative licensing regimes and digital piracy.
This recommendation is expected by the middle of this year.
All stakeholders are therefore encouraged to submit their suggestions and comments by the end of February to the Audiovisual and Media Policies Unit of the Directorate-General for Information Society and Media on avpolicy@ec.europa.eu.
• Dr Grech is an associate with Guido de Marco & Associates and heads its European law division.
The Commission has launched a public consultation on the basis of a communication it adopted in the beginning of the year titled Communication on Creative Content Online in the Single Market. The communication covers creative content that is distributed online, such as audiovisual media online (film, television, music and radio), games online, online publishing and educational content.
The market for online distribution poses many challenges. Most are of a legal nature, such as protecting or licensing copyrighted material made available online. Other challenges are more of a practical or logistical nature, such as creating billing systems or transferring creative content to the online world. The major concern of artists or copyright holders is the illegal copying of their copyrighted work once it is put online. This fear leads to a lack of available online content, which would in turn make the concept of a single online market impossible to achieve.
The Commission deems that in order for rightholders to appreciate the potential benefits of the single online market, it has to develop a system that encourages them to entrust their copyrighted material to the web. Existing licensing mechanisms would therefore have to be adapted for a multi-territorial scenario. In the music sector, for instance, the Commission has come up with a recommendation to create an online collective management of music rights, which transcends borders. Digital piracy would have to be tackled on a European scale. Currently the only means to curb abuse is the pay-per-download paradigm.
The Commission intends to combat illegal activities by firstly developing educational initiatives to create an awareness on the importance of copyright and how this could make content available.
Secondly, cooperation mechanisms will have to be put in place to improve respect of copyright in the online environment.
The collaboration of digital rights management across the EU as well as improved cooperation between internet service providers in stopping the dissemination of infringing content are just two examples of such cooperation mechanisms.
The consultation will pave the way for a recommendation of the Parliament and the Council, which would also cover other matters like collaboration of digital rights management societies, encouragement of innovative licensing regimes and digital piracy.
This recommendation is expected by the middle of this year.
All stakeholders are therefore encouraged to submit their suggestions and comments by the end of February to the Audiovisual and Media Policies Unit of the Directorate-General for Information Society and Media on avpolicy@ec.europa.eu.
• Dr Grech is an associate with Guido de Marco & Associates and heads its European law division.