Appendix 2 to the reply
Comments of the Steering Committee on
Media and New Communication Services (CDMC)
1. By means of its
Recommendation 1906 (2010) on “Rethinking creative rights for the Internet age”,
the Parliamentary Assembly is making a timely contribution to this
ongoing debate. For its part, the CDMC would, at this stage, make
the following remarks.
2. The policy choices concerning the use of content, in particular
that with cultural value, in cyberspace have to strike an important
and yet difficult balance. In this respect, the Ministers responsible
for Media and New Communication Services reaffirmed at their first
Council of Europe Conference (Iceland, 28-29 May) “the importance
of copyright protection and acknowledge[d] the need to explore further,
in close co-operation with relevant stakeholders, issues deriving
from the use of copyrighted material or the exploitation of user-generated
content by media-like services to protect and promote the freedom
of expression and information”.
3. The CDMC firmly believes in the protection of creative rights,
and its corollary copyright, in particular with reference to Article
1 of Protocol 1 to the European Convention on Human Rights. There
is profuse legislation on the subject, including international law,
and doctrine that contributes to its application. The availability
and ongoing production of quality content largely relies on its
adequate remuneration which, in turn, requires the protection of
intellectual property rights. The effectiveness of those rights
will be significantly reinforced through education and media literacy.
4. Issues related to copyright limitations and exceptions are
being considered at international and regional fora, and a multilateral
intellectual property enforcement agreement (the Anti-counterfeiting
Trade Agreement) is also being negotiated. There are also emerging
legislative and policy measures for a graduated response to online
intellectual property infringements, which may entail the suspension
of Internet service for users. Debates on network neutrality and
certain network management policies may also be relevant in this connection.
Further, the Granada Ministerial Declaration on the European Digital
Agenda
Note and the Communication
from the European Commission: A Digital Agenda for Europe
Note suggest
developing further the creation, production and dissemination of
creative content in the digital environment and, in that context, underline
the need for developing innovative intellectual property-related
business models.
5. The CDMC notes the Assembly’s emphasis on the importance of
the protection of copyright in the digital environment. The concern
for online copyright infringements is justified and should be given
due consideration especially with the objective of protecting and
promoting creation. This should be the overarching objective and not
the preservation of possibly outdated business models which could
have an adverse effect on creativity. The CDMC would recall in this
context the UNESCO Convention on the protection and promotion of
the diversity of cultural expressions (see also Recommendation CM/Rec(2006)3
of the Committee of Ministers).
6. The CDMC recognises that limitations and exceptions to copyright
are essential for balancing the interests of creators and those
of the users and the general public. They are also fundamental
for access to knowledge, education, science, culture and progress
and as regards democratic processes. The right to freedom of expression,
information and communication on the Internet and when using other
information communication technologies should be upheld in accordance
with Article 10 of the European Convention on Human Rights, as interpreted
by the European Court of Human Rights.
7. The opportunities for creation and development that the use
and re-use of works offers are self-evident; reference might be
made in this context to the development of “open source” software
and “creative commons” licenses, building on existing international
and European copyright law. Blogs, video and other content sharing platforms,
as well as other online communities have become spaces of choice
for communication, transparency and democracy. Moreover, new forms
of distribution of content are giving rise to new business models
which can ensure fair remuneration and foster the activity of creators.
8. The Assembly calls on the Committee of Ministers to initiate
a reflection on the copyright in the Internet age. In this connection,
the erstwhile CDMC subordinate Group of Specialists on Human Rights
in the Information Society elaborated a report on emerging issues
and trends in respect of the protection of intellectual property
rights and the use of technical protection measures in the context
of the development of new communication and information services
(and the Internet) as well as the fundamental right to freedom of expression
and free flow of information, access to knowledge and education,
the promoting of research and scientific development and the protection
and promotion of the diversity of cultural expressions and artistic creation
(MC-S-IS(2007)008 rev3).
9. Should the Committee of Ministers decide that the Council
of Europe is the right forum to carry this reflection forward, it
would be a task exceeding the CDMC’s remit which might rightly involve
other steering committees, in particular those dealing with legal
co-operation, culture, education and human rights.
