[A2k] European Council calls for the development of legal offers of online cultural and creative content

[Anne-Catherine Lorrain]

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[ Picked text/plain from multipart/alternative ]
Yesterday (20 November 2008), EU culture ministers adopted conclusions in
favour of the development of legal offers of online cultural and creative
content, *while stressing the importance of consumers rights and
expectancies*:

http://www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/en/educ/10419=
8.pdf



These conclusions of the European Council can be interpreted as a clear
rejection of "filtering" proposals such as the "graduated response"
currently promoted by the French government.



*Excerpts:*

* *

*"although the use of technical systems for protection (Technical Protectio=
n
Measures*

*(TPM)) or rights-management information (Digital Rights Management (DRM))
may in*

*some cases, while taking due account of the principle of personal-data
protection,*

*contribute to protecting and managing rights in the digital world, the lac=
k
of*

*interoperability or transparency of these systems creates insecurity for
consumers and*

*limits their use of the content offered by the various platforms"*

* *

*"in pursuing these objectives account should be taken of:*

*=96 the need to ensure a fair balance between the various fundamental righ=
ts,
particularly*

*the right to personal data protection, freedom of expression and
information and the*

*protection of intellectual property, and to seek, when implementing
Community law,*

*solutions in compliance with the general principles of Community law, in
particular the*

*principle of proportionality **[referring to the "Promusicae" ECJ decision=
]
**;*

*=96 consumers' expectations in terms of access and the ease of use of
services and the*

*diversity and quality of the content offered online;*

*=96 the diversity and transformation of the business models of enterprises=
 in
this sector,*

*particularly small and medium-sized enterprises, and the constant rapid
evolution of*

*technologies;*

* *

*INVITES MEMBER STATES to*

*=96 launch or encourage concerted approaches by the parties concerned, as
soon as possible,*

*designed to find concrete, effective, fair and proportionate solutions
promoting the*

*development of legal online offer and the prevention and combating of
piracy; (=85)"*

* *

*INVITES THE MEMBER STATES AND THE COMMISSION (=85) to*

*(=85) contribute to consumer information on the conditions for the use of
content on*

*different equipment and platforms and on the restrictions applying to the
use of*

*technical measures to protect and manage rights;*

*=96 initiate or encourage efforts by industry, right holders and consumers=
 to
work*

*together to promote the interoperability and ensure the transparency of
technical*

*measures to protect and manage rights, for example by means of a system of=
*

*identification/labelling; (=85)"*



The EU culture ministers also call for the revision of the commercial
windows of films for their online exploitation.



http://www.euractiv.com/en/infosociety/eu-ministers-reject-ban-free-downloa=
ding/article-177379



ACL



Anne-Catherine Lorrain

Intellectual Property Policy Expert

The TransAtlantic Consumer Dialogue (TACD)
Avenue de Tervueren, 36 Bte 4
1040 Bruxelles - Belgium

aclorrain@consint.org

Mob (Belgium): +32 473 99 97 92

Cell (US): +1 202 390 6264
Tel: +32 2 740 28 17
Fax: +32 2 740 28 02
www.tacd.org





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Anne-Catherine Lorrain
aclorrain@gmail.com
+32 473 99 97 92
www.aclorrain.fr