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

[Ian Brown]

Judit Rius Sanjuan wrote:
> Thank you Ian. My reading of art. 6(4) of the Directive is that it
> creates the two-step test Spain is implementing but it allows for
> flexibility when designing the system (".... in absence of voluntary
> measures taken by right-holders....Member States shall take appropriate
> measures...").  Maybe giving a direct right of action to users of works
> to sue right holders is the best existing implementation of the EU
> Directive but is not good enough. It is expensive and time consuming. A
> suggestion is that Spain could create a cheap & easy arbitration system
> as an alternative to the current "go to court and defense your-self"
> proposal.

I suppose it depends who you trust best to do the job: the courts, or a
panel of arbiters most likely appointed by the government. Personally I
would go for the former :)

To address cost issues, we successfully lobbied in the UK to ensure that
organisations may make complaints to the Secretary of State on behalf of
those affected by DRMs. Even better would have been that any decision
made by the SoS applies to all users of that technology and not just the
individual or org that made the request.