EU copyright extention

Remember the Cliff Richard directive proposal for a copyright extention of sound recordings also known as 2008/0157(COD)? The extention was fiercely debated in the European Parliament and by consumer groups. Our MEPs adopted a plenary report and then… Then our EU-Council with all the member states at the table went into wait-and-see mode. They noticed that the Commission proposition was quite a bit over the top. Meanwhile we have a new parliament, the Lisbon Treaty regime, a new Council. Now it’s back on the agenda, just before the children born when the Commission started to draft its proposal enter school, rumours say Hungary suddenly changed its mind in the Council, we learn from an alarmist Boingboing call to action, that we, the people are asked by science fiction writer Cory Doctorow to

1. Phone our MEP

2. MEP does for us ???

3. Win!

What can be done by your MEP?

In some member states it is common that pending laws get scrapped after the an electoral vote of new representatives, not so in the EU. Engström, an MEP from Sweden (who was elected as a challenger of the current copyright rules) is going to invoke Rule 59 of the European Parliament to get a “renewed referral”, so Parliament can again have its say on the proposal. From a power balance perspective it is a smart thing to do for the European Parliament, because it gains them more weight in the process and does not prejudice a decision.

40 supporting MEPs across the aisle are required to request a Rule 59 plenary motion.

Request for
RENEWED REFERRAL
to Parliament

pursuant to Rule 59 of the Rules of Procedure

of the proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE amending Directive 2006/116/EC of the European Parliament and of the Council on the term of protection of copyright and related rights (COM(2008)0464 – C6-0281/2008 – 2008/0157(COD)).

MEPs are well advised to support the motion. Some arguments

• The “renewed referral” motion would make Cliff Richard, Mick Jagger visit the European Parliament (=you) once again.
• Citizens from your electorate believe they still like their music and their visit to the Europarl will excite them about the spirit of European integration and ultimately…
• your support contributes to the completion of the single market and to reaping the full benefit of the Lisbon strategy objectives.

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Commissioner Ferrero-Waldner answers ACTA internet chapter question

The European Commission has answered the written question posed by a Swedish member.

E-6094/09EN
Answer given by Mrs Ferrero-Waldner
on behalf of the Commission
(4.2.2010)

The Commission can inform the Honourable Member that the Anti-Counterfeiting Trade Agreement (ACTA) will be in line with the body of EU legislation, which fully respects fundamental rights and freedoms and civil liberties, such as the protection of personal data. This includes the Intellectual Property Rights’ relevant aspects of the Telecoms package.

ACTA should not contain measures restricting end-users’ access to the internet that would not be approparite, proportionate and necessary within a democratic society and without a prior, fair and impartial procedure.

It is the Commission’s view that ACTA is about tackling large scale illegal activity, often pursued by criminal organisations, that is causing a devastating impact on growth and employment in Europe and may have serious risks to the health and safety of consumers. It is not about limiting civil liberties or harassing consumers.

4 December 2009
E-6094/09
WRITTEN QUESTION by Christian Engström (Verts/ALE) to the Commission

Subject: ACTA negotiations and Telecoms Package principles

In the recent agreement on the Telecoms Package it was decided that no measures restricting end-users’ access to the Internet may be taken unless they are appropriate, proportionate and necessary within a democratic society — and never without a prior, fair and impartial procedure that includes the right to be heard and respects the presumption of innocence and the right to privacy.

Are the proposals currently being discussed in the Anti-Counterfeiting Trade Agreement (ACTA) negotiations fully in line with the letter and the spirit of these provisions in the Telecoms Package? If not, when and how will the Commission redress any incompatibilities?

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