EDRi responds to European Commission consultation on creative industries
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Deutsch: EDRi im Konsultationsverfahren zur Kreativindustrie
European Digital Rights has responded to the consultation organised by DG Culture of the European Commission on unlocking the potential of the cultural and creative industries.
The consultation defines its subject matter very widely and also covers both the online and offline environment.
EDRi's response builds on a range of analyses and statements made recently in or by the European institutions to illustrate the urgent need for a new, credible and sustainable approach to creativity online. It supports the view expressed in the consultation document that "ability to create social experiences and networking is now a factor in competitiveness." EDRi points to a recent study undertaken for the European Parliament which states that "existent models are often too rigid to allow full realisation of the possibilities of the digital mode of content production and distribution." As a result, we urge the European Commission to overhaul the chaotic and divisive regime for exceptions and limitations that creates, rather than removes, barriers to the internal market.
In the same vein, EDRi supports the analysis of the regulation on collecting societies recently carried out by EU Competition Commissioner Almunia, who says that "the fragmented national monopoly model and the de facto allocation of customers can no longer stand in their current form. Unregulated monopolies are not a great solution." It is crucial that barriers to the availability of creative content be removed in order to maximize the availability of content to consumers.
Finally, the EDRi document raises the dangers associated with treating Internet access providers as "gatekeepers" to the Internet. Currently, the European Commission, through "self-regulatory" discussions with internet intermediaries is trying to encourage removal of websites without judicial orders, surveillance of and warnings to users of peer to peer networks and large-scale funding for extra-judicial blocking of "illegal" online content. Increased involvement of online intermediaries in their consumers' use of the Internet, and blocking in particular, will increase the potential for non-neutral Internet access, thereby limiting the potential for online innovation and creating a competitive bottleneck - to the detriment of both creators and citizens.
Consultation document - Green paper - Unlocking the potential of cultural
and creative industries
EDRi answer to consultation (28.07.2010)
European Parliament study (05.2010)
Speech by Commissioner Almunia (7.07.2010)
(Contribution by Joe McNamee - EDRi)