Feeds

Netherlands plans to make 'copyrighted material easier to use'

EU copyright law 'too rigid', says state committee

The essential guide to IT transformation

The Dutch Government is proposing to make it easier to use copyrighted material without infringing copyright owners' rights and plans to do this "unilaterally" of the EU, according to media in the Netherlands.

Bernt Hugenholtz of the Dutch state committee on copyright law said people should be able to use copyrighted works to form "creative remixes" but that EU copyright law is too rigid to allow that to happen legally at the moment. He said US copyright laws allow better freedoms to use copyrighted works legitimately, a report by Radio Netherlands Worldwide (RNW) said.

The Dutch Deputy Justice Minister, Fred Teeven, said the government would "unilaterally" liberalise the use of copyright and said he is looking into "a more flexible system of copyright exceptions that would also work in a European context," according to RNW's report. The European Commission has previously stated its intention to harmonise copyright law in the EU.

"Many of the videos we find [on YouTube] are creative remixes of material protected under copyright. They're mostly for laughs or political commentary, or they're simply absurd. If we applied the law today strictly, we would not be allowed to do these things," Hugenholtz said, according to the RNW report.

"Freedom is a good thing. We all agree that it's good for creativity, good for laughs, and no one gets hurt. Copyright holders are not harmed, so it makes a lot of sense to allow this. But in Europe, where we do not have open norms like the fair use doctrine in the United States, we can't do these things without infringing the law," he said.

In the US the 'fair use' exemption in copyright law allows copyright material to be reproduced for the purposes of research and education, commentary, criticism and reporting.

Under the EU's 11-year-old Copyright Directive, individual member states can choose whether and what exceptions or limitations to copyright to write into national law. The possible exceptions include the right to legitimately use copyrighted works for private copying purposes, as illustrations in teaching or scientific research, as part of news coverage, for the purposes of criticism or review and for parody and pastiche.

The European Commission is currently working on plans to create a new copyright licensing system that would establish a "level playing field in the single market for collective management of rights" and has already consulted on whether a harmonisation of copyright laws is required to achieve this.

Currently the UK has limited exemption for 'fair dealing' in copyright-protected material. The Copyright, Designs and Patents Act allows 'fair dealing' of copyright works in non-commercial research, in reviews and criticisms and as part of news reports without being deemed to infringe the rights of copyright owners. The Act also permits copyright works to be used incidentally as part of sound recordings, films and artistic works.

Last May the government was advised to introduce a right to parody as well as make private copies of copyrighted works, amongst other exceptions, into UK law. The recommendations were made by university professor Ian Hargreaves who had been commissioned to conduct a review of the UK's intellectual property framework. Subsequently the government has begun consulting on those proposals.

The Dutch plans to further liberalise copyrighted material was supported by a lawyer at internet giant Google. Fred von Lohmann said new technologies present opportunities to grow profits rather than a threat to copyright holders and that EU copyright law can be modified rather than overhauled to make it "future-proof," the RNW report said.

"If you look at the motion picture industry, you see that they continue to enjoy very healthy revenues. On the other hand the music industry has struggled somewhat. But in the end there are more opportunities being created by these new technologies than ever before. There are more bands, using more different technologies to reach more fans than ever before. So there is certainly no crisis of creativity. There's more music, more video, more writing going on today than ever before," Von Lohmann, chief copyright counsel for Google, said.

Copyright © 2012, OUT-LAW.com

OUT-LAW.COM is part of international law firm Pinsent Masons.

Secure remote control for conventional and virtual desktops

More from The Register

next story
'Stop dissing Google or quit': OK, I quit, says Code Club co-founder
And now a message from our sponsors: 'STFU or else'
Ex US cybersecurity czar guilty in child sex abuse website case
Health and Human Services IT security chief headed online to share vile images
Uber, Lyft and cutting corners: The true face of the Sharing Economy
Casual labour and tired ideas = not really web-tastic
Don't even THINK about copyright violation, says Indian state
Pre-emptive arrest for pirates in Karnataka
The police are WRONG: Watching YouTube videos is NOT illegal
And our man Corfield is pretty bloody cross about it
Oz biz regulator discovers shared servers in EPIC FACEPALM
'Not aware' that one IP can hold more than one Website
Apple tried to get a ban on Galaxy, judge said: NO, NO, NO
Judge Koh refuses Samsung ban for the third time
Pedals and wheel in that Google robo-car or it's off the road – Cali DMV
And insists on $5 million insurance per motor against accidents
prev story

Whitepapers

Top 10 endpoint backup mistakes
Avoid the ten endpoint backup mistakes to ensure that your critical corporate data is protected and end user productivity is improved.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Backing up distributed data
Eliminating the redundant use of bandwidth and storage capacity and application consolidation in the modern data center.
The essential guide to IT transformation
ServiceNow discusses three IT transformations that can help CIOs automate IT services to transform IT and the enterprise
Next gen security for virtualised datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.