JOINT STATEMENT OF THE NETWORK AND THE CULTURAL AUTHORS ON THE DRAFT REFORM OF THE LAW OF INTELLECTUAL PROPERTY.
The past 14 February's 2014 the Council of Ministers approved the draft reform of the law of intellectual property (text published in the B.O.C.G. the 21 February).
This draft law, archaic in its conception, cut out many rights in Spain, it negatively affects broad sectors of society, endangers the free culture and questioning the functioning of internet, by limiting the appointment and the link to a purely commercial activity.
This has resulted in an immediate and unanimous rejection from all possible areas for reasons which are synthetically then.
1. The protection of intellectual property on the internet cannot be guaranteed by imposing arbitrary fees or rates. For the sake of the Spanish economy, must be guaranteed the sustainability of the digital creators as a whole, not only of a part. A sector is developed by promoting new business models digital rather than destroy them. Any right was born of the dialogue between all parties concerned.
2. The Spanish Constitution enshrines, in his article 20, the fundamental right "to communicate or to freely receive truthful information by any means of diffusion", which should combine with any right of property, but never cancel it.
3. Additionally, This law curtails other fundamental rights, It affects essential democratic values and limited the free access to information and culture. It ignores the Declaration of human rights, It violates constitutional freedom of expression and the free establishment rights, violates the privacy of communications, It is a direct attack on the neutrality of the network and does not respect a basic individual right: each offer their work under the conditions it deems appropriate.
4. The figure of the "inalienable right" derived from quote texts on the internet would affect without exception to all creators and would prohibit them from voluntarily relinquishing that right. This will seriously jeopardize the Creative Commons licenses, widely extended and currently offer legal cover to a very significant part of the contents of the network copyright. We are faced with an imposition of "copyright" on the supporters of the "copyleft" to It violates rights and collective interests rather than guaranteeing them and favors collection is concentrated in very few hands.
5. Far from being a threat, News aggregators and other digital tools that link and cite to the source medium, such as search engine, social networks or blogs, they favor the free citizen access to information and generate a wide traffic to media. In addition, the right of appointment to be the essence of journalism, This law threatens frontally pursuit. Criminalize links generates a legal uncertainty which questions the fundamentals and the use of the internet. Guarantee them, respecting the rights, benefits everyone: users, tools and media.
6. The ill-named "Google rate" has been driven only on one side of the collective of editors, the AEDE integrated. Other associations and publishers are opposed to this measure. AEDE should consider the economic consequences which will mean for their partners out of the indexes and the disastrous consequences for employees, as wage cuts and job losses. This canon of AEDE will further increase the precariousness of a sector extremely crisis-scarred.
7. The entry into force of this law represents a additional fee for knowledge. The entidad de Gestión de derechos CEDRO currently collects throughout the educational system professional. The new law establishes that the universities also pay for content teachers publishing for students, and that until today is hosting a Creative Commons licenses. Cedar will raise monopoly a barrel of 5 € for each student. We consider this an attack on education, research and academic texts, that it will be governed by the "copyright" instead of being in the public domain.
8. This canon, charged to the general budget of the State and amount not determined by law, It acts to the detriment of the just reward authors and it involves a covert publishers grant, who art. 2 of the directive 2001 of property intellectual not includes as beneficiaries of intellectual property rights, and that despite this are the 45% Cedar collection. Significant is that the wording of the law refers only to the 'cultural industries' expressly ignoring "the authors", aggravating a situation that already began with the loss of rights of journalists in favor of publishers by making "clippings" (press summaries).
9. "De facto" eliminates the right to private copying, linking it to the material copy of a physical support, practice is almost non-existent in the digital age. Private copying of a work is a legitimate that existed before the internet, and it will continue to exist after this reform. Taxing a barrel, private copying is equivalent to impose preventive fined each citizen to a hypothetical criminal use, even if this never happens. Criminalize the consumer for fundraising purposes is not the way.
10. They should not support control measures of "piracy" that jeopardize the essence of the network. Oppose these measures does not support the caricature of the "free everything". It is necessary to develop a new framework for the protection of the cultural industry that takes into account the particularities of the digital age and serve for what was born of this type of legislation: promote the practice of culture offering financial compensation to the authors.
11. This reform should include accompanying measures that support the development of new business models based on internet, as well as the improvement of existing ones. Not done, It will hurt innovation in the sectors concerned and would perpetuate a model of cultural distribution and access to information clearly outdated.
12. This reform of the LPI appears to result from a dynamics of corruption between lobbies and political power, evidenced by the recent release of Directors in major national newspapers and the enactment of the reform of the law by presenting it with a photograph of the President of AEDE next Vice President of the Government. This puts under suspicion and others, If we consider the proximity of electoral processes.
The reform of this law, such which has been drawn up, It is bound to fail and we wish her very short travel, It suits not because the reality nor does it cover the needs of sectors and actors involved. It is a deterrent to the development of free culture and the industry, unacceptable in times of economic difficulties, where it is necessary to give priority to innovation and encourage the emergence of new emerging markets, where Spain shows enormous potential.
In addition, contains numerous ambiguities and uncertainties, that a bill of this magnitude cannot afford, Since it opens the door to a discretionary application and serious unwanted side effects.
For all these reasons, We urge the Government to reconsider and withdraw this reform and open the dialogue that this claim for months to provide best solutions to the new reality posed by digital society with all affected sectors.
At the same time, We appeal to the whole society to participate, provide, engage and spread the campaign of rejection to the #CanonAEDE spreading both this statement and their actions, actions and initiatives.
If you like you can follow me on Twitter, Facebook, Google +, LinkedIn, or share it with the buttons under this publication, If you have any questions or suggestions please do not hesitate to comment.