The web today is far more than
a network or platform - it’s also our collective canvas.
A global public canvas is an
exceptional thing. It spurs innovation and creativity. It unlocks opportunity,
empowers educators and fuels economies. In the 21st century, we should have
laws that enshrine the power of the web.
But in the EU, some laws
haven't yet caught up with the web.
Current copyright legal
framework in the EU is woefully outdated. A messy patchwork of laws in various
countries is stifling innovation and freedom of expression online. This is a
framework that was created when the postcard, not the iPhone, was the primary
way of saying hi from a distance; when cameras didn’t fit in our pockets; and
when “gif” hadn’t yet entered the dictionary.
As a result, technologists and
content creators are afraid to innovate. And researchers are hesitant to mine
data that could unlock scientific progress.
Europe's copyright legal
framework is a relic. It doesn’t account for the way we access, share and
create content and culture today. Consequently, the way many Europeans live
their lives online is technically illegal.
That’s not hyperbole.
An app developer who is
re-purposing existing content in new, innovative ways may be violating
copyright law. Why? The existing copyright legal framework often doesn't allow
technologists to iterate and build on existing material.
A teacher who uses news
articles and papers in the classroom may be violating copyright law. Why? There
are scarce copyright provisions or exceptions for education.
A DJ performing a mash-up of
popular songs may be violating copyright law. Why? Again, the existing
copyright legal framework doesn't allow reproductions or derivative works
without the express permission of the copyright owner.
A traveller who posts a selfie
with the Eiffel Tower at night is violating EU copyright law. Why? The Eiffel
Tower’s night-time light array is copyrighted and tourists don’t have the
artists’ express permission.
It’s time to fix copyright
law. It’s time to harness technology - not repress it, or twist it to suit
business models of decades past.
We're not asking to legalise
plagiarism or piracy. It's important that creators are treated fairly,
including proper remuneration, for their creations and works. As a former
journalist and someone who has worked in media for a long time, I deeply care
about treating creators properly. But wrong-headed copyright law dissuades
internet users from working freely.
The good news: We have an opportunity
to make a difference.
This autumn, the European
Commission plans to reform the EU copyright framework. We need to call for
copyright reform that fosters creativity, free expression and innovation
online. People in the EU and around the world need copyright law that
complements and enhances the internet’s potential, not undermines it.
We must build in openness and
flexibility to foster innovation. Technology advances swiftly, and laws often
can’t keep pace. That’s why our laws must be future-proof, designed so they
remain relevant in five, 10 or even 15 years. We need to allow new uses of
copyrighted works in order to expand growth and innovation. And we need to
build into the law flexibility - through a User Generated Content (UGC)
exception and a fair dealing clause - to empower everyday people to shape and
improve the internet.
We need a new copyright
framework that fits squarely in the 21st century. Let’s correct copyright law
and keep the web our collective canvas.
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