[A2k] Judit's blog: How is Spain implementing the EU InfoSoc Copyright Directive?

[Manon Ress]

http://secondview.blogspot.com/2006/05/how-is-spain-implementing-eu-
infosoc.html

How is Spain implementing the EU InfoSoc Copyright Directive?

Spain is one of the last European countries implementing the European
Directive 2001/29/EC on the harmonization of certain aspects of
copyright and related rights in the information society (with France
and Finland that are also currently working) and has by far fail to
meet the December 2002 implementation deadline.

The current text of the bill has been passed by the lower chamber
(Congress), and is now pending to be passed by the Senate (in
Spanish); it will then go back to Congress for final approval
(expected along this year).

Raquel Xalabarder, a Spanish well-known copyright professor and
lawyer, has sent us an excellent summary of the current proposed
copyright law. Professor Xalabarder=92s summary is very useful not only
for its completeness but also because it provides the political
context of the proposed law.

Following her research and my own reading of the proposed text, the
evaluation of the Spanish implementation it=92s heartbreaking: it is a
=93minimal=94 and "bad" implementation of the EU Directive.

Consumer groups and technology industry have express their discontent
with the current proposed text. Event the SGAE (the Spanish
collecting society for music authors and publishers) has unexpectedly
attacked the current proposal.

Among the more controversial issues is the instauration of a private
copy levy (with a campaign against it) and the narrow language in the
implementation of the exceptions and limitations.

Of special concern is the language implementing the Technological
Protection Measures (TPMs). The proposed text establishes the
following system to address possible conflicts between TPMs and
exceptions & limitations (e.g. the private copy exception):
a) First, it relies on the voluntary measures adopted by the
copyright-holders;
b) In the absence of these measures, the beneficiaries of the
exceptions can sue the copyright-holders to ensure the full enjoyment
of their exceptions/limitations.
The system amounts to completely forsaking the effectiveness of
limitations and exceptions in digital formats by putting the burden
of their enforcement on the beneficiaries and not in the =93right
holders=94.

Hopefully the Senate will react to the current proposal and amend it
taking in consideration consumers and public interest's concerns. I
will keep you posted.


************************************************
Manon Anne Ress
manon.ress@cptech.org,
www.cptech.org

Consumer Project on Technology
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