[A2k] La Quadrature du Net: Elements for the reform of copyright and related cultural policies

Manon Ress manon.ress at keionline.org
Wed Aug 1 06:31:26 PDT 2012

Elements for the reform of copyright and related cultural policies

Now that the ACTA treaty has been rejected by the European Parliament,
a period opens during which it will be possible to push for a new
regulatory and policy framework adapted to the digital era. Many
citizens and MEPs support the idea of reforming copyright in order to
make possible for all to draw the benefits of the digital environment,
engage into creative and expressive activities and share in their
results. In the coming months and years, the key questions will be:
What are the real challenges that this reform should address? How can
we address them?

This text provides an answer to the first question and tables a
consistent set of proposals to tackle the second one. It is available
in both English and French. The proposals address copyright reform as
well as related culture and media policy issues. These elements are
intended for being used by reform proponents according to their own
orientations. One will have to consider nonetheless the
interdependency between various proposals. This text was drafted by
Philippe Aigrain, with contributions from Lionel Maurel and Silvère
Mercier and was critically reviewed by the co-founders and staff of La
Quadrature du Net. It is published in parallel on the author's blog
and on La Quadrature du Net's site.

    The components of a reform
    1. Giving legal recognition to the non-market sharing of digital
works between individuals through the exhaustion of rights doctrine
    2. Legitimacy of referring and linking
    3. Solid exceptions for educational and research practices
    4. Library and archive rights to make available orphan works
free-of-charge and with wide use rights
    5. Freedom of non-market collective use
    6. Resource pooling: new financing sources adapted to digital
culture and its many contributors and projects
    7. Legal requirements for fair publishing and distribution contracts
    8. A preventive competition policy against distribution monopolies
and their abuse
    9. Reform of collective management
    10. Keeping pollution by advertising under control
    11. Effective norms for the enforcement of network neutrality
    12. Compulsory registration or copyright 2.0
    13. Cultural public funding and tax reform
    14. A positive statute for the public domain and the voluntary commons

More here:

Manon Anne Ress
Knowledge Ecology International
1621 Connecticut Ave, NW, Suite 500
Washington, DC 20009 USA
manon.ress at keionline.org

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