EPC media alerts: May 2010
Your monthly EU media issues update direct from Europe's leading publishers
The following document is a regularly updated schedule of EU Media issues of interest to the EPC in order to give advance warning to journalists covering EU media issues. Please do not hesitate to contact us for further information: heidilambert@hlcltd.demon.co.uk.
Dates for the diary
2010 - Commissioner Barnier to launch a new IP Strategy this year which will set out proposals for the future of copyright and related rights at EU level
May - EU Telecoms Ministers to meet, Madrid
May 2010 - Adoption of WHO recommendations on food marketing to children expected
4-6 May - Seminar on Culture and Development, Gerona, Spain, http://en.www.mcu.es/MC/PresidenciaUE2010/Conferencias/CulturaDesarrollo.html
5 May - First meeting EP Intergroup on Media: discussion on Digital Agenda. EPC to participate.
5-7 May - Second International Meeting of CIMA - "Women in the audio-visual world: a view of the future", Santiago de Compostela, http://en.www.mcu.es/MC/PresidenciaUE2010/Actividades/EncuentroIntCIMA.html
7 May - Deadline for the consultation on Universal Service Principles in E-Communications
http://ec.europa.eu/information_society/policy/ecomm/library/public_consult/universal_service_2010/index_en.htm#Public_workshop
12 May - EEP Hearing on EU2020 Strategy
12 May 2010 (tbc) - Commission to adopt and publish Communication on Digital Agenda
25 May - Conference: Exporting the public value test: Assessing EU Member States evaluation of PSB New Media Services
27 May - First Meeting on Public Cultural Politics, Madrid
End May/begin June - EP JURI vote on Brussels I
June - EP ITRE vote on Information on Medicinal Products
2 June - Vote in CULT committee on journalism and new media
4 June - EPC/Spanish Presidency conference on the media, Madrid
7-8 June - Audiovisual heritage preservation and diffusion, Madrid, http://www.eu2010.es/en/agenda/grupostrabajoycomites/evento59.html
7-8 July - US-EU Journalism Roundtable on the Challenge of Online Content Distribution (AMW speaking)
9-13 June - CEPIC Congress on Content, Dublin
10 June - Platform of cultural and creative industries
November - EP vote on Consumer Directive proposal
More detail
Conferences and events
4-6 May - Seminar on Culture and Development, Girona, Spain, http://en.www.mcu.es/MC/PresidenciaUE2010/Conferencias/CulturaDesarrollo.html
Venue:
Girona
No of people attending:
100
This seminar is intended to increase awareness among those with responsibility in the co-operation area of partner countries, donor states, the Commission and International Organizations regarding the importance of integrating culture into the development policies.
Two main aspects will be stressed: the need for an institutional development of the culture sector in the partner states and the contribution culture can make to economic growth.
Structure and contents:
Three consecutive meetings will be held:
- Seminar on Culture and Development for the exchange of best practices and open to experts and those with political responsibility from partner countries, donors and international organizations.
- Monitoring Committee created by the Brussels Declaration dated April 3rd, 2009, following the Seminar on Culture and Creativity, held at the initiative of the European Commission between April 1st and 3rd.
- Meeting of persons responsible for Culture and Development in the Member States.
Profile of those attending:
- People with political responsibility and senior public servants in the area of Culture and Development from emerging countries, as well as their counterparts in the EU Member States and International Organizations.
- Professionals in the Culture and Development sector from Europe and emerging countries.
A presence at ministerial level will be particularly important for those partner countries that have integrated the culture sector into their national development strategies. For other participants, the level will be that of Directors General, senior civil servants and experts.
5-7 May - Second International Meeting of CIMA - "Women in the audio-visual world: a view of the future", Santiago de Compostela, http://en.www.mcu.es/MC/PresidenciaUE2010/Actividades/EncuentroIntCIMA.html
Venue:
Santiago de Compostela
No of people attending:
400
Attendance:
Abierta
In its conclusions, the first International Meeting of the CIMA (the Association of Female Filmmakers and Audio-visual Media) referred to the need to provide continuity to this kind of forum, so that the viewpoint of professional women in film and television could be better known and so as to create an international network that could input their ideas into the drafting of audio-visual policies.
Taking advantage of Spains EU Presidency, this second meeting will foster dialogue on a European scale, as it will enable an understanding of the reality of different countries, an exchange of experiences and viewpoints and the creation of professional and human ties among European women.
Structure and contents:
Eight round tables will be held, with their corresponding discussion periods, in order to put forward specific policies and solutions in the area of gender equality in the audio-visual sector, and to tighten links and exchange experiences among women working in the audio-visual sector in different countries.
Profile of those attending:
- Members of the CIMA.
- Professional women from the realm of European audio-visual arts.
- People interested in the goals of the meeting.
25 May - Conference: Exporting the public value test: Assessing EU Member States evaluation of PSB New Media Services
The aim of this one-day conference is to reflect about the introduction of different ex ante evaluation instruments to assess both the public value and market impact of public broadcasters new offers. As public broadcasters are expanding activities to new media markets and, as such, a public service media project is gradually replacing the traditional public service broadcasting policy project, a discussion of this highly topical issue is very relevant. The conference will address the use of ex ante evaluations in several EU Member States. Each session is devoted to one selected Member State (Member States that are certainly included in the programme are the United Kingdom, Germany and Belgium, but other Member States will be added to this list) and consists of a paper presentation (approx. 20 minutes) and a sector representative's comments (approx. 10 minutes). The remainder of the time is reserved for discussion.
Organised by: ECREA's Communications Law and Policy Section, IBBT-SMIT (Interdisciplinary Institute for Broadband Technology-Studies on Media, Information and Telecommunication, Vrije Universiteit Brussel) and the IES (Institute for European Studies, Vrije Universiteit Brussel)
For further information, go to: http://commlawpolicy.wordpress.com/2010/02/11/cfp-exporting-the-public-value-test-brussels-25-may-2010/
9-13 June - CEPIC Congress on Content, Dublin
CEPIC is the European Trade Body representing European Photography Agencies that has chosen "Evolution of Content" as the theme for its Congress in Dublin, 9-13 June this year.
The annual CEPIC Congress is the largest event of its kind in the world, representing the entire spectrum of the international photo agency community.
Under theme of the evolution of content, the Congress will discuss what the digital economy means for content owners and rights holders, especially those to whom imaging and the use thereof is of relevant. Because imaging touches many aspects of online publishing (therefore affecting authors, musicians, newspapers, social networks, mobile content providers, social platforms and more) the freedom to dive into IPR, trademarks, sustainable business models, the impact of market dominance on the digital economy and so on is notable.
Copyright/IPR
2010 - Commissioner Barnier to launch a new IP Strategy this year which will set out proposals for the future of copyright and related rights at EU level
In advance of Commissioner Barnier's launch of the new EU IP Strategy, the EPC has published its paper "A Vision for Copyright in the 21st Century", presenting it to Internal Market Commissioner Michel Barnier who now has responsibility for copyright regulation in the EU Commission.
In the document, the EPC sets out six key principles that aim to ensure that copyright, which underpins the creative economy, is fit for the digital age.
The principles:
- We must cherish the fundamental role of copyright in providing the incentive to invest in the production and dissemination of creative content;
- We must respect the entitlement of copyright holders to choose how their content is made available, accessed and used;
- We must promote freedom of choice in licensing solutions including automated systems of licensing through technological innovation;
- We must make sure that our system of rights management always carefully balances rights, exceptions and limitations;
- We must take a balanced approach to the challenge of digitising Europe's analogue print legacy;
- We must uphold the publishing industries' unique economic, cultural and social contributions to the future of our digital Europe.
In particular, the EPC is calling on the European Commission to:
- adapt tried and tested existing solutions for copyright rather than running the risk of introducing inappropriate and untested measures that could threaten established creative businesses;
- ensure Europe's publishers are in no less favourable as position online than other producers and distributors of digital content;
- fight against piracy of copyright content and ensure full implementation of the EU Enforcement Directive;
- preserve publishers' freedom to choose licensing solutions;
- encourage the development of technological solutions for rights management such as ACAP (www.the-acap.org);
- resist the move to extend mandatory exceptions to copyright
These principles were well-received by the Commissioner and further follow-up with the Mr Barnier and his Cabinet officials are planned.
7-8 July - US-EU Journalism Roundtable on the Challenge of Online Content Distribution (AMW speaking)
EPC's Angela Mills Wade will be participating in a US/EU roundtable on the challenge of Online Content Distribution in the US on 7 and 8 July. The objective is for European and American publishers to exchange strategies and insights gained in the shared struggle to monetize digital and online content and to share best practice. The event takes place in New York. Participants will include journalists, publishers, lawyers and academics and will be a private, high-level, industry leader event.
Digital Agenda
May 2010 - Commission to publish communication on i2015 action plan
Vice-President Kroes has presented the key areas and main obstacles which will be addressed by the European Digital Agenda that the Commission will adopt in the next few weeks:
- Lack of investment in networks: more needs to be done to facilitate current investment in the new fast internet networks that will be the centre of a competitive and inclusive future economy.
- Fragmented digital markets: Europe is still a patchwork of national online markets even though the problems are fixable.
- Lack of skills: Europe is suffering from a growing professional ICT skills shortage and a digital literacy deficit. These failings are excluding many citizens from the digital society and economy and are holding back the out-sized contribution ICT use can make to productivity and growth - ICTs already account for 50% of all European productivity growth.
- Fragmented answers to societal challenges: Europe misses out on much of the potential of ICT because it does not give common answers to challenges facing society (such as the ageing population, rising health costs, climate change).
- Rising cybercrime and low trust: Internet users will not engage in ever more sophisticated online activities, unless they feel confident their privacy is secured and they can fully rely upon their networks. Europe must address the new forms of cybercrime and ensure the resilience of its IT systems and networks.
- Insufficient research and innovation efforts: Europe continues to under-invest and fails to convert intellectual advantage of research into the competitive advantage of market-based innovations. Our priority has to be not only attracting more investment, but building bridges between the ideas and the markets for them.
- Lack of interoperability: Europe does not yet reap the maximum benefit from interoperability. Weaknesses in standard-setting, public procurement and coordination prevent digital services and devices used by Europeans from working together as well as they should.
As examples of areas where the Commission intends to take action as part of the Digital Agenda, Vice-President Kroes mentioned:
The need for fast internet
"We are competing against countries such as South Korea and Japan whose businesses have internet up to 100 times faster than our businesses. Millions of our citizens want - but can't get - effective access to media services that their friends or family use in other parts of the world. It is therefore essential to establish clear regulatory guidelines to encourage investment in next generation access networks, while ensuring that such networks remain open and competitive in the interest of consumers."
The Digital Single Market
"While the internet is borderless, Europe's online markets are not. It is often easier to buy something from a US website than from the next-door country in Europe. Often you cannot buy it at all within Europe. For instance, consumers can buy CDs in every shop but are often unable to buy music online across the EU because rights are licensed on a national basis. One result is that the US market for online music is five times bigger than Europe's. Another result is that for the moment one could almost say that the only existing Digital Single Market for audiovisual material is the illegal one. People are able to access content EU wide but only through illegal file-sharing whereas much content from other Member States is not on offer at all. I am convinced that creating the legal Digital Single Market will lead to a wealth of options available to citizens. This will strike a blow against piracy to the benefit of authors and artists, and without endangering the open architecture that is essential for the internet's utility. It is obviously common sense that we fix problems like this."
Trust and security
"Whether you use the internet every day or rarely - it is common to wonder if it is safe to do it. You ask: 'can I trust a particular website or seller?' And with good reason - the internet environment changes all the time, cyber crimes are rising, and cyber criminals can be hard to catch and penalise. Building trust in this rapidly evolving environment is particularly challenging. It requires closer European co-operation, as well as global co-ordination. The range of concerns we need to tackle here stretches from daily spam that annoy everyone through to national security matters; from daily life to life itself."
Background
On 3 March 2010 the European Commission adopted the Europe 2020 Strategy (IP/10/225). One of its key initiatives is the European Digital Agenda, aimed at delivering sustainable economic and social benefits from a Digital Single Market based on ultra fast internet. Capitalising on the potential of ICTs as crucial drivers of job creation, sustainability and social inclusion will contribute to the economic growth of the EU countries while fulfilling the overall goals of the Europe 2020 strategy.
Brussels I
End May/begin June EP JURI vote on Brussels I
JURISDICTION AND APPLICABLE LAW IN CROSS BORDER CASES OF LIBEL AND PRIVACY
The Zwiefka report on Brussels I (jurisdiction), in our view a difficult piece of legislation to change, was published at the end of April. Difficult to change, because it determines conditions of access to courts by private citizens - one of the Commission's objectives in the forthcoming revision and one which affects us in terms of issues of privacy, libel and defamation.
However, we do feel that the draft report is a step forward as it suggests an improvement to the current situation of forum shopping for cases of invasions of privacy, libel and defamation (§ 20): ".. in order to mitigate the alleged tendency of courts in certain jurisdictions to accept territorial jurisdiction where there is only a weak connection with the country in which the action is brought, a recital should be added to clarify that, in principle, the courts of that country should accept jurisdiction only where there is a sufficient, substantial or significant link with that country...";
Moreover, the draft report suggests in recital L that guidance should be given to Member States in the Rome II Regulation (applicable law) in regards to rights of the personality, highlighting the problems related to the Internet and courts readiness to accept jurisdiction.
Therefore a recital which aims to guide courts on whether they should accept jurisdiction or not, is a welcome step forward.
The notion of sufficient, substantial and significant link is often made reference to in International Private Law cases and would presumably lead to the place of publication becoming the determining factor for deciding jurisdiction. The link to Rome II in recital L is also useful for media companies who face ever increasing numbers of challenges arising from internet publications.
Timetable: Deadline for amendments is May 10th., followed by a vote in JURI committee end May/beg. June.
Advertising
June - EP ITRE vote on Information on Medicinal Products
The EPC will be watching this closely as advertising restrictions and/or requirements are under debate.
Consumer Directive
November - EP vote on Consumer Directive proposal
Debate underway on harmonisation of rights
The Consumer Rights directive that merges four existing directives into one horizontal instrument is under the spotlight. The directive concerns: 1. contracts negotiated away from commercial establishments; 2. abusive clauses in contracts concluded with consumers; 3. distance contracts; and 4. the sale and guarantee of consumer goods. It regulates information, protection against delivery delays and non-delivery, cooling off periods, repairs, replacements and guarantees.
There is currently a narrow consensus between the European Parliament and the European Commission on the need for a "full but targeted harmonisation" of consumer rights.
At the European Parliament, MEPs are leaning towards full harmonisation of the definitions, but they are divided on the withdrawal period for distance contracts and contracts negotiated away from business premises. While the assembly's position at first reading is not due before 22 November, the rapporteur, Andreas Schwab (EPP, Germany), has already drafted an initial working document, summarising the viewpoint of the Committee on the Internal Market and Consumer Protection (IMCO), in charge of the dossier. According to him, the approach must be qualified. He considers that, while a unique approach in terms of information is appropriate for typical service or sales contracts, this is not the case for specific contracts.
More precisely: - Chapter 1 - Definitions and field of application: Schwab considers certain definitions to be unsatisfactory from a legal perspective, adding that some of them should be reformulated. Moreover, he proposes reducing and simplifying the article relating to the field of application (Article 3), admitting that a mutual recognition clause should not be excluded for areas not covered by the proposal. - Chapter 2 - Basic information to be provided before concluding a contract: He does not really note any controversy within his committee, but acknowledges that the directive influences legal systems more than existing Community measures. - Chapter 3 - Withdrawal period: The rapporteur notes a relatively consensual position among deputies. However, some members of the committee consider that certain national characteristics cannot be properly replaced. - Chapter 4 - Other factors specific to sales contracts (delivery, transfer of risk, legal guarantee, conformity default, etc).
Some deputies believe that several national characteristics should be retained in terms of other rights, which are specific to sales contracts. "Some national rules are not compatible with the harmonised hierarchy of the recourse and the two-year period of harmonised responsibility from the date of delivery established by the proposal," he underlined. - Chapter 5 - Contractual clauses: Schwab asks for an additional evaluation of the possible harmonisation of the general clause on abusive clauses and refuses to resort to comitology for additional abusive clauses. At this stage of negotiations, he also refuses to harmonise 'black' and 'grey' lists of abusive clauses.
Commissioner Viviane Reding (justice, fundamental rights and citizenship) has, until now, shown herself to be relatively flexible, promising to consider the possibility of targeted harmonisation where practical and to remain open to changes. According to her, one possibility could be to consider fully harmonised rules for distance contracts and to allow divergent national rules for face-to-face contracts.
Text based on: http://www.europolitics.info/pdf/gratuit_en/270534-en.pdf
