[A2k] Draft on audiovisual/consumer rights

[Hervé Le Crosnier]

	Hello,

	I agree with everything in this text.

	I just want to add something about "cultural diversity"
	and state granting for film-making, who is in danger.

	may be something like :

"Consumers needs cultural diversity over broaband networks as well as
through broadcast diffusion. Content promotion for diverses languages,
and minority productions is the best way of regulation. States or
Régional entities have to grant diverses methods to help creation and
diffusion of comunautarian or artistic works, from quotas to
subventions for scripting, filming or diffusion and theaters"

	Once again, that's not clearly my domain, and I say this
	as a proposition for those who really know of those things.
	And my written english may be too loose for such a declaration.

	I just think we have to write something about "cultural
	diversity" and the responsabilities of states who sign
	the UNESCO declaration for act on this objective.

Hervé Le Crosnier



jeff@democraticmedia.org a écrit :
> Colleagues:  Just to kick off the discussion. I know I have left much out
> and also need to address concerns, such as stated by French author rights
> society SACD about concerns related to bypassing national rules ensuring
> country to country film licensing (see trade story I post following this
> draft).
>
>
> Rights of Audiovisual Makers and Consumers in the Broadband Era
>
> The growing availability of a multiplatform digital distribution systems,
> such as the broadband Internet, Internet Protocol TV (IPTV), and mobile
> services, provides an important opportunity for both audiovisual content
> creators and consumers.  For example, media makers can now sell content
> directly to consumers using broadband connections.  Consumers also have
> the ability to view and acquire a diverse array of audiovisual content.
>
> It is vital to ensure that both content makers and consumers have
> unimpeded, but fair, access to communicate and engage in transactions wit=
h
> each other.  Access to audiovisual content is essential to help ensure th=
e
> public can readily obtain diverse sources of information, including
> cultural products.  To that end, we support the following rights:
>
> Audiovisual makers should be able to directly sell/distribute their
> products and services to all consumers, regardless of regional boundaries=
;
> All broadband networks/ media service providers available to the public
> should readily foster such communications and transactions;
> Audiovisual makers should have access to the full range of distribution
> modalities, including video on demand, switched video,  and mobile
> networks;
> Audiovisual makers should respect all appropriate laws and regulatory
> regimes, including rules protecting privacy, advertising safeguards for
> minors; and human rights.
> Audiovisual makers should respect reasonable measures to ensure respect
> for copyright (reflecting the role of fair use as well);
> Audiovisual makers should have access to a universal and affordable syste=
m
> of rights clearances;
> Audiovisual makers should expect national governments and other
> governmental bodies would provide financial support and other assistance
> to aide the production and distribution of works;
> Audiovisual makers should expect national governments and other
> governmental bodies to facilitate agreements between themselves and acces=
s
> providers, if needed;
> Audiovisual makers should expect that networks would receive the necessar=
y
> investment to ensure state of the art, efficient, delivery of digital
> content to users;
> Audiovisual makers should expect government and network providers to help
> ensure that digital distribution is equitably available and affordable,
> including to rural and low-income consumers.
>
>
>
>
> Consumers:
> Have the right to directly contact and acquire the multimedia/audiovisual
> content of their choice;
> Their privacy should be protected and purchases protected by effective
> consumer standards;
> Consumer representatives must be included as a core constituency in any
> deliberation involving government or government-sponsored entities relate=
d
> to digital distribution (such as the recent European Charter related to
> online film, etc);
>  Consumers should expect that networks would receive the necessary
> investment to ensure state of the art, efficient, delivery of digital
> content to them;
> Consumers should expect government and network providers to help ensure
> that digital distribution is equitably available and affordable, includin=
g
> to rural and low-income communities;
> Consumers should expect to receive a culturally diverse array of content,
> as well as access to networks promoting such diversity;
>
>
> *****
> Variety
> Posted: Wed., May 24, 2006, 9:18am PT
>
> TW back off Euro Charter
> Congloms hold back on signing
> By JOHN HOPEWELL
>
>
> Tuesday's Europe Day was supposed to climax with Time Warner, France
> Telecom, the BBC, Vivendi and EMI Music, among other companies, signing a
> new European Charter for Film Online.
>
> Except they didn't sign.
>
> "Tueday, 16:30, Signature of the Charter of Film On Line," the Europa Day
> press briefing ran.
>
> But Time Warner et al. preferred the less committed form of merely
> "endorsing" the European Charter, which is a more ambiguous backing.
>
> Their reticence comes with sound reasoning. Signing the charter may have
> had legal implications that the companies did not want to evoke. Also,
> people didn't want to be too closely associated with a document that was
> at least very vague, and some critics said vacuous.
>
> So why did the companies come to Cannes to powwowabout the charter in the
> first place?
>
> Its large value, say analysts, is that it does at least get some big
> companies (though not all: British Telecom did not attend the charter
> endorsement) from the telco, ISP and content sector around the same table=
,
> including even a lone but huge U.S. entity, Time Warner.
>
> And telcos and Internet service providers are very keen to keep in with
> the European Commission, which has other moves in the hopper.
>
> These include a study of how to balance online consumer and content-owner
> interests, and an upcoming Television Without Fronteirs directive that
> could beat a big stick and allow individual states to force online player=
s
> to invest in the Web presence of European pics and TV shows.
>
> That's one point of contention. Another is one of Media Commissioner
> Viviane Reding's hobby horses: the need to distribute European movies
> beyond the country they were produced in. One obvious distribution channe=
l
> is the Internet. Telcos would love to be able to sell films all over
> Europe.
>
> The Internet opens up the possibility of abandoning country-by-country
> licensing systems for films. That is anathema to, for example, French
> author rights society SACD.
>
> "The basis for film policy in Europe is national. You cannot treat the
> distribution of films as if you were selling cars," said SACD's Pascal
> Rogard.
>
> The charter might not have meant much, but the issue of online
> distribution will run on, and on and on.
>
>
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