The European Commission has launched an initiative to create a common intellectual property standard for content on the Internet that will apply throughout the European Union. The “Creative Content Online in Europe’s Single Market” initiative seeks to resolve the challenges online services face when they offer services in Europe.
Currently, for example, a service like Real Networks’ Rhapsody must clear every song in each EU member country. Additionally, a variety of licensing fees are due for the performance of music on the Internet in each individual member country. That is, if Rhapsody would have to clear the ownership of the elements (lyrics, sound recording etc.) of “Born to be Wild“ in each individual country and pay a performance fee to the performing rights organizations of every country in which they offer service in Europe.
The stated goals of the European Commission’s initiative recognize that the diversity of standards benefits neither consumers nor innovative companies. Specifically, the the initiative will:
- Create a legal framework to encourage creators and owners to make content available on line;
- Implement a multi-territory licensing scheme for creative content to avoid having to comply on a country-by-country basis;
- Require transparency and interoperability in Digital Rights Management systems (i.e. Apple will have to make the iPod and its fairplay platform available to everybody); and
- Instigate a code of conduct between between access/service providers, rights holders and consumers to encourage the legal access to content to discourage unauthorized file sharing.
Additionally, according to the Commission Staff Working Document, other issues that the Commission will address may include, but are not limited to:
- Broadband penetration;
- Network Neutrality;
- Spectrum allocation;
- Billing and payment issues;
- Term of copyright; and
- Cultural diversity.
The public is invited to comment on the European Commission’s initiative. In the annex to the official Communication from the Commission to the European Parliament et al on Creative Content Online in the Single Market, the Commission sets forth the policy and regulatory issues for which it seeks public comment. Comments are due February 29, 2007.
