スペインの知的財産法の改正法は、まだまだ複写、海賊版に甘い
La reforma de la ley de propiedad intelectual enciende al sector
El anteproyecto de la nueva norma no contenta a discográficas, editores ni sociedades de gestión
El ministerio retira a última hora su paso por el Consejo de Ministros
Las entidades de gestión piden parar la nueva ley de propiedad intelectual
Daniel Verdú / Iker Seisdedos Madrid 14 MAR 2013 - 23:03 CET
The reform of intellectual property law sector lights
The draft of the new standard is not happy to record labels, publishers and management companies
The ministry withdrew at the last minute as it passes through the Council of Ministers
Collecting societies stop calling the new copyright law
Daniel Verdú / Madrid Iker Seisdedos 14 MAR 2013 - 23:03 CET
You know the saying, you can not please everyone, but mostly piss. Could apply to much vaunted draft amendment to the Law on Intellectual Property (LPI). After spending Wednesday processing the secretaries committee, was scheduled to land today at the Cabinet table to move to the next phase: Opinion of the State Council, back to the council of ministers and parliamentary negotiation. But it could be, as announced last night from the Secretariat of State for Culture, immediately afterwards, call off a meeting with the press for legislative changes itemize. The reason?: "Last-minute changes in the Council's agenda." After the official version was inevitable that the postponement was only the latest in a rugged handling than most.
A half a year of being published in the BOE, the text has already caused a huge anger in the sector: creators, collecting societies, publishers of newspapers and books, radio and television. And that although only a timely reform, affecting a handful of items from the LPI and Civil Procedure. After that change, standard category will the abolition of canon digital (and replacing compensation charged to the general budget). It also aims to "increase control over the management entities" and strengthen "the tools to react to breaches of intellectual property rights on the Internet that allow the impulse of legal tender in the digital environment."
So far, the outlines. And from here, the details. The principal, who last night was still the major hurdle of trading according to sources involved, is the inclusion in the new law of more powers to the Commission on Intellectual Property. How? Mainly outlawing pages of links to download sites content subject to protection. They may pursue websites whose "primary activity is specifically facilitate the location and mass of works and that indiciariamente offered without authorization", says the text, it could still undergo changes. It's main asset containing piracy law, but the slowness demonstrated in its first year of operation by the College under the Ministry does not inspire hope.
In the draft that manages the Government, is a footnote worded to avoid that can demand accountability from search engines like Google, which prompted a note from the Association of Spanish Newspaper Publishers (AEDE). They complained they were not consulted in the drafting. In that complaint once agreed by the actors of one of the most bitter of great cultural theater. Management organizations, coalitions and other creators of content generators share that frustration. From the secretariat considers that these complaints are based on an erroneous consideration. "This is a blueprint and only made public after [presumably on Friday 22] can hear the allegations."
Then everyone has their particular objections. Radio and television insist that the old aspiration by law detailing accreditation mechanisms for forms of exploitation rights (analog, digital ...) as well as greater control over the pricing set unilaterally by management entities.
And that although the bill devotes much of its provisions to control and sanction of the management entities, which are attached to this standard the new license fee system, by passing to raise 115 million euros to five. The text describes as a very serious offense when the failure to locate the owners of copyright, as well as the inclination to activities that have to do with the task collection and distribution, in a reference to the network Artery theaters, the SGAE Teddy Bautista. Failure to fulfill this function, be sanctioned entities. Furthermore, unidentified rights (economic bag that has served for years to pay property loans) expire after 10 years, not five as usual.
Yesterday's episode was the last of a serial which has included half a dozen leaks drafts, press conferences cross to insult or recognize the achievements of the first year of operation of the Commission (30 cases solved) and threats reentry of Spain the list 301. A sword of Damocles that could fall in late April and, according to some sources, accelerated processing of the law. So much so that anxiety may eventually betray their promoters.
Newspaper publishers, against
The bill not content to almost anyone. Much less the Association of Spanish Newspaper Publishers (AEDE), who reported yesterday to have been excluded from consultation to design the future standard. "Although newspapers have printed and digital dual constitutional protection, reflected in market freedoms and expression", we read in a note released yesterday.
The association calls for "any direct or indirect commercial reproduction of their digital content by third parties requires the prior permission of the publishers, as their print editions." They demand "to recognize their right to be properly compensated when granting the permit on their digital content."
The objections are based on the draft of the reform process happened on board of secretaries on Wednesday and dispensing special protection to Internet search engines like Google. Something that does not block the view with scorn newspaper publishers.
The judge involved a contradiction that the government supports "in theory" the development of a new digital content market for its high impact on job creation and wealth generation, but not in practice then establish the legal conditions for develop. "Without legal certainty that no market can grow or investment yielding fruit", reported in the statement issued.
The AEDE shown perplexed the "endemic indifference of successive Spanish governments towards the press." Something that strikes the tight defense of digital intellectual property rights of publishers that applies in the rest of Europe, especially in Germany.
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