Draft Directive does not succeed in satisfying different interests


Subject: Draft Directive does not succeed in satisfying different interests
From: Emanuella Giavarra (ecup.secr@dial.pipex.com)
Date: pe 12 joulu  1997 - 15:18:25 EET


Dear list members,

Agence Europe reported on 10 December 1997 that the draft Copyright
Directive does not succeed in satisfying the different interests of the
parties concerned. The article provides an overview of the concerns of
IFPI, EACEAM, European Newspaper Publishers, GESAC, EBLIDA and BEUC. The
concerns can be summarised as follows:

Nic Garret, Director-General of the International Federation of
Phonographic Industry (IFPI) declared that:"in its present form, this
directive could weaken intellectual property protection and erode our
security from the huge threat of digital piracy". The directive would
weaken the effects of encryption and other technical measures that, in
the information society, will be the basic instruments enabling the
record industry and other holders of rights to manage their intellectual
property rights.

The European Association of Consumer Electronics Manufacturers (EACEM)
considers that the directive risks jeopardizing consumer access to
information. The new rules will be a blow for the European industry of
new technologies, impede access to information and culture for the
European citizen, and will finish by turning on copyright holders
themselves. According to Gerry Wirtz, the Chairman of EACEM's Copyright
Committee, Europe risks becoming "out of step with the rest of the
world" regarding copyright, "leaving further development of the
information society to the USA and the Pacific region".

According to the European Newspaper Publishers, the directive does not
meet its main goal, as it does not allow for the protection of
rightholders, nor does it allow for the harmonization of copyright
rules. They stress the importance of technical measures to protect
intellectual property in a digital environment. Like IFPI, they consider
that the directive allows for these technical measures to be
circumvented without any difficulty, as it omits to ban a wide range of
equipment that could be used for copyright violation.

Groupement Europeen des Societes d'Auteur et Compositeur shares the
concerns regarding the risk of copying being circumvented. They perceive
the draft directive as a basis for discussion.

The European Association of Library, Information and Documentation
Associations (EBLIDA) is concerned that the directive in its present
form could lead to a nightmare future for libraries in which nothing can
be looked at, read, used or copied without permission or payment. EBLIDA
shares the concerns regarding pirating through new technologies, but
also recalls the right of European citizens to read and consult
electronic data in libraries, in the same way as they are free to open a
book.

According to the European consumers' organisation (BEUC), the directive
would grant rightholders and public authorities an excessive right to
interfere in the private use of information. "The Commission's draft
prposal completely overshoots the mark and will protect the rightholder
at the expense of the consumer", said Jim Murray, BEUC director. The
proposal will place excessive restrictions on access to protected
matters, says BEUC, agreeing with the criticisms of EBLIDA and EACEM.

Kind regards,
Emanuella Giavarra



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