Thursday, February 16, 2012

Well, here's a turn for the books. At a time when the European Commission insists that the copyright ratchet must be tightened a few notches by statute, with its dangerously vague terms that could criminalize even low-level acts of sharing online, here is the Dutch government planning to go in the opposite direction:

The Dutch government wants to change the copyright for the new media users can continue to do remixes of "creative" protected content. [It] is not expected that the European Commission to find a compromise.

The Dutch government has made clear in a conference that was organized, entitled "Towards the copyright and flexible", where one of the speakers was Bernt Hugenholtz State Committee in Dutch copyright law. On the subject of YouTube, said:

"Many videos are remixes of creating materials protected by copyright. They are mostly laughs or political commentary, or are simply absurd. If we strictly enforces the law today that would not be allowed to do these things. "

also spoke at the conference, Vice-Minister of Justice Fred Dutch Teeven said he was studying "a more flexible approach to exceptions to copyright which also work in a European context." One solution would be to replace the limited set of exceptions to copyright in Europe, which are established by law and not allow the flexibility, with a system more like the U.S. fair use, which gives the courts some discretion to determine what exactly is allowed.






Of course, this is something eminently sensible, especially since it would require a radical overhaul of European copyright law, just a few touches on the edges. However, the idea is likely to encounter strong resistance - and not just the dinosaurs of the industry reflex to resist any changes that could reverse the ratchet copyright, even a few degrees.
At a time when the European Commission is determined to get the ACT ratified by the European Parliament do not take kindly to national governments go their own way in the exceptions. This is particularly the case where the Commission is also developing a new policy specifically designed to harmonize copyright law. The Dutch government is well aware of all these pressures to the contrary, what makes this unexpected movement even bolder. Inspires hope other EU countries to lend their weight to this initiative if necessary adjustment of European laws of copyright in the digital age.

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