THE HAGUE, The Netherlands -- The following information was released by the Netherlands Government Information Service (RVD):
State Secretary for Security and Justice Fred Teeven is planning to modernise Dutch copyright law so as to increase confidence in copyright organisations and to strengthen the position of authors and performing artists in contract negotiations.
The State Secretary also aims to protect and encourage the provision of legal copyrighted material on the internet. He intends to support European plans to eliminate obstacles to copyright licences for online content. However, Mr Teeven no longer sees any future for private copying levies.
These points are included in the letter 'Auteursrecht 20@20' ('Copyright 20@20') on the key objective of his policy that the State Secretary, together with Minister of Economic Affairs, Agriculture and Innovation Maxime Verhagen and State Secretary for Education, Culture and Science Halbe Zijlstra, has sent to the House of Representatives.
Downloading from illegal sources to be made unlawful
To promote new, legal services in the creative sector, copyright owners will be given more scope to institute civil proceedings against parties who distort the market by supplying illegal content. To this end, downloading copyrighted material from illegal sources will be made unlawful, though not a criminal offence.
Downloading games or other software has already been unlawful for some time now; this will now be extended to films and music. This civil law measure will put an end to the exceptional position that the Netherlands currently occupies in Europe. Enforcement will target websites and services rather than consumers who occasionally upload or download files, so that consumers need not fear being treated as criminals. The Netherlands will not adopt the kind of 'three strikes' legislation introduced in France and proposed in the UK to deny users internet access.
Blocking foreign websites
Copyright owners will soon be able to have the courts block websites and online services with illegal content that are based in foreign countries. This is already possible with Dutch websites and services, but not, until now, with those operating from abroad. Access to sites can only be blocked under a court order once it has been proven that the site in question has been acting unlawfully and that the site manager and hosting provider have failed to respond.
Stronger position for authors and performing artists
Mr Teeven is also endeavouring to strengthen the position of authors and performing artists, who he believes should benefit from the revenues that those who market their work - like producers and publishers - generate. Authors and performing artists should also be able to take legal action if those marketing their products take insufficient advantage of the opportunities provided by the digital environment. The State Secretary will send a bill to this effect to the Council of State this summer for its advisory opinion.
More oversight of CBOs
Moreover, Mr Teeven plans to improve oversight of organisations (CBOs) that collect, manage and distribute royalties on the owners' behalf, so as to make it clearer what happens to the money. A single digital contact point will be established for copyright users to report their usage, submit complaints or negotiate payments. If copyright owners do not succeed in establishing a single contact point by mid-2012, the State Secretary will propose statutory measures.
No future for private copying levies
The State Secretary believes that there is no longer a future for private copying levies, because technology has made the system obsolete. Mr Teeven considers new levies on devices such as MP3 players, laptops, DVD recorders and USB sticks undesirable, and the same applies to a possible levy on internet subscriptions. Levies only lead to unnecessary or double payments by consumers. Instead copyright owners can include a reimbursement for copying in the price of the product, and control copying by technical means. The State Secretary will introduce a bill this year for online enforcement and for modification of the system of private copying levies.
Eliminating obstacles to copyright licences
Mr Teeven agrees with a European proposal to eliminate as many obstacles as possible to copyright licences. New online services now have to obtain a licence in each of the 27 EU member states. The State Secretary believes that this is contrary to the cross-border nature of the internet and forms a barrier to the legal digital provision of creative services. He also advocates including a fair use exception in the Copyright Directive, to encourage creative, non-commercial reuse of intellectual property.
Rapid technological development is making it easy for consumers to produce, publish and exchange creative ideas ('user-created content'). A fair use exception would allow copyright law to take better account of this trend. To avoid wasting time, the State Secretary is anticipating the discussion in the EU by asking the Copyright Committee to explore the scope for including a fair use exception in Dutch national legislation in the near future.
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