As a response to the growth of unauthorised file sharing of copyrighted works, the European Parliament’s Legal Affairs Committee agreed on Tuesday to urge the European Commission to introduce EU-wide copyright licences in order to combat the breach of intellectual property rights (IPR).
Breaches of IPR on the internet are a growing problem for the economy and require a response at EU level, including the removal of barriers to a single digital market by granting EU-wide copyright licences, according to members of the European Parliament’s Legal Affairs Committee.
The “enormous growth of unauthorised file sharing of copyrighted works is an increasing problem for the European economy in terms of job opportunities and revenues for the industry as well as for government”, say MEPs. They urge the Commission to address “the issue of the balance between free access to the Internet and the measures to be taken to combat this scourge effectively”.
Harmonisation of intellectual property rights and multi-territory licences
The provision of an attractive legal range of goods and services might help tackle the problem but the lack of a functioning internal European digital market is a major obstacle.
The Commission is therefore asked to propose a comprehensive strategy on IPR which will remove obstacles to creating a single market in the online environment and adapt the European legislative framework in the field of IPR to current trends in society as well as technical developments.
It is also asked to think broadly about methods of facilitating industry’s access to the digital market without geographical borders by addressing urgently the issue of multi-territory licences and the harmonisation of legislation on copyright. A pan-European licensing system should provide consumers with “access to the widest possible choice of content and not at the expense of European local repertoire”.
The committee does not share the Commission’s view that the current civil enforcement framework in the EU is sufficiently effective and harmonised. Dialogue on possible solutions must involve all stakeholders, including Internet service providers, says the committee.
Safeguards for private copies
MEPs point out that, in cultural terms, the ‘private copy’ should be seen as an exception to intellectual property rights. They want individuals who copy originals for private use not to have to prove that their copies are legitimate.
Anti-counterfeiting trade agreement: respect for fundamental rights
MEPs also call on the Commission to pursue its efforts to make progress on the negotiations for an Anti-Counterfeiting Trade Agreement (ACTA), taking full account of Parliament’s position and to ensure that the provisions of the ACTA fully comply with existing EU rules on IPR and fundamental rights.
Breaches of intellectual property rights outside the EU
The Legal Affairs Committee also wants the Commission to set up more intellectual property helpdesks in third countries (notably in India and Russia), to help European entrepreneurs enforce their intellectual property rights more actively and to combat the entry into the EU internal market of counterfeit goods from such countries.
An independent study before any new legislation
MEPs point out that data on breaches of intellectual property rights are incomplete and they call for independent studies to be carried out before any new legislation is proposed.
The Legal Affairs Committee set out the above views when it adopted a draft resolution by Marielle Gallo (EPP, FR) on Tuesday by 15 votes to 9 with 0 abstentions. If endorsed by the full Parliament at the Strasbourg plenary session of 14 to 17 June, the resolution will form the EP’s response to a Commission paper on this subject published on 11 September 2009.
