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EC Seeks To Boost Online Content Market, Protect IP
by Ulrika Lomas, for LawAndTax-News.com, Brussels

07 January 2008

The European Commission announced on Thursday that it has decided to give a new boost to Europe's online content sector.

The EC explained that:

"EU citizens should be able to enjoy easier and faster access to a rich variety of music, TV programmes, films or games via the Internet, mobile phones or other devices. The Commission therefore encourages the content industry, telecoms companies and Internet service providers to work closely together to make available more content online, while at the same time ensuring a robust protection of intellectual property rights."

"The Commission also wants to facilitate copyright licences for online content covering the territory of several or all of the EU Member States. According to Commission studies, a truly Single Market without borders for Creative Online Content could strengthen considerably the competitiveness of Europe's music, film and games industry and allow retail revenues of the sector to quadruple by 2010 if clear and consumer-friendly measures are taken by industry and public authorities."

Viviane Reding, EU Commissioner for the Information Society and Media, elaborated:

"Europe's content sector is suffering under its regulatory fragmentation, under its lack of clear, consumer-friendly rules for accessing copyright-protected online content, and serious disagreements between stakeholders about fundamental issues such as levies and private copying."

"We have to make a choice in Europe: Do we want to have a strong music, film and games industry? Then we should give industry legal certainty, content creators a fair remuneration and consumers broad access to a rich diversity of content online. I will work on these issues with my colleagues in the Commission and propose a Recommendation by mid-2008 on new ways for achieving a single market for online content."

"I ask in particular Europe's consumer associations to take a very active part in this debate. Because for online content, the demand and preferences of 500 million potential consumers are the strongest arguments for achieving new solutions at EU level."

The Commission on Thursday adopted a Communication on 'Creative Content Online in Europe's Single Market'. This strategic document is the starting point for new EU actions to support development of innovative business models, cross-border services and consumer-friendly offers.

In the Communication, the Commission identified four main, horizontal challenges which merit further action at EU-level, namely:

Availability of creative content

Owners of creative content are sometimes reluctant to make it available for online distribution. Amongst the reasons for this are concerns over illegal downloads and online "piracy". In addition, there are across the EU major difficulties in negotiating and settling terms of trade between the right owners and the online distributors of creative content.The Commission is therefore strongly encouraging stakeholders to find innovative and collaborative solutions to exploit the market for content online.

Multi-territory licensing for creative content

Online environments such as the Internet and mobile services inherently allow content services to be made available across the single European market. However, the lack of multi-territory copyright licences – allowing the use of content in several or all EU Member States – makes it difficult for online services to be deployed across Europe and to benefit from economies of scale. While the Commission asserted that it is first for rights holders to appreciate the potential commercial benefits of multi-territory licensing, there is an underlying need, also from a consumer perspective, to improve on existing licensing mechanisms.

Interoperability and transparency of Digital Rights Management systems (DRMs)

Technologies that support the management of rights and the fair remuneration of creators in an online environment can be a key enabler for development of innovative business models. Lengthy discussions amongst stakeholders have yet to lead to the deployment of interoperable and user-friendly DRM solutions. The Commission is therefore seeking to establish a framework for DRM transparency concerning, amongst others, the interoperability of different DRMs, and ensuring that consumers are properly informed of any usage restrictions placed on downloaded content, as well as of the interoperability of related online services.

Legal offers and piracy

Piracy, including the unauthorised up- and downloading of copyrighted content, remains a central concern.The Commission intends to instigate co-operation procedures between access/service providers, right holders and consumers to ensure not only the widespread offer of attractive content online, but also adequate protection of copyrighted works, and close cooperation on the fight against piracy and unauthorised file-sharing.

In parallel to the Communication, the EC also launched a public consultation in order to prepare – by mid 2008 – an EU Recommendation on Creative Content Online for adoption by the European Parliament and the Council. Stakeholders are invited to comment by 29 February 2008.

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