Updates
in cra-briefings33 · January 20, 2006
STRATEGIES FOR DEALING WITH PIRACY
In South Korea, the governing Uri Party has proposed legislation that would require Internet Service Providers to supervise the file sharing transactions of its customers. If the law is passed, ISPs who observed transactions involving the sharing copyright protected material would be obligated to delete or stop the transaction. If the ISP’s fail to do this they could be subject to a fine of up to 50 million won. As expected, this bill is facing strong opposition from ISPs and the user community. For more information on this bill please see www.asiamedia.ucla.edu.
SINGAPORE ANNOUNCES INVESTMENT IN THE DIGITAL MEDIA INDUSTRY
In early December, Viviane Balakvishan, Singapore’s second Minister for Trade and Finance, announced an investment of $590.5US million in the development of the digital media industry over the next decade. The investment will be administered by the Economic Development Board, and with the money will go to regional and local talent, supporting the creation and development of media specialty schools. For more information on this program see www.news.com.com.
CHANGES FOR CREATORS IN THE UK
Songwriters in the United Kingdom are seeking increased compensation for the downloading of their music. In a case currently before the UK Copyright Tribunal, songwriters are seeking an increase of 2p-4p per download (up to 7p-9p) . This action was brought before the Tribunal in response to steps taken by the British Phonographic Industry, which is seeking to cut the songwriter’s earnings from 5p to 2p per download. For more information on this case see http://technology.guardian.co.uk.
While the songwriters are fighting to protect the current levels of their share of producers’ revenues, effective January 1st 2006, visual artists will have remuneration rights for the resale of their works. The droit de suite right has been introduced to cover resale of an artwork worth more than €1000. The creator will be entitled to a portion of the resale price (0.25 to 4%) up to a maximum royalty of €12,500. To find out more about this new right for creators see www.patent.gov.uk.
A sweeping review of intellectual property law is taking place in the United Kingdom. Chancellor Gordon Brown has asked Andrew Gowers, the former editor of the Financial Times, to conduct an independent review of intellectual property law in the UK. The review will consider the ability of business to negotiate the business aspects of intellectual property law including licensing, litigation and enforcement. It will also consider whether the current law recognizes the impact of the digital environment including the application and relevance of the fair use provisions. For more information see www.ifrro.org.
INTELLECTUAL PROPERTY IN THE FASHION INDUSTRY
In November 2005, WIPO and the Italian government hosted a three-day meeting addressing the role and value of intellectual property in the fashion industry. Though the fashion world has been known as a place for sharing ideas, the industry has recognized that copyright, industrial design, trademarks and patents can be used to increase profits and decrease the incidence of piracy. (Examples like the designer handbag knock-off industry in New York, are cited.) For more information on these meetings and their results see www.wipo.org (press release 432).
CAN CREATIVE FREEDOM IMPACT INTERNATIONAL POLICY?
The Turkish government brought an action against Orhan Pamuk, one of Turkey’s best known writers (the award-winning My Name is Red, his 2004 novel Snow and the recent memoir of is natal city, Istanbul, have been translated into over twenty languages). Pamuk has been charged with for making statements that “offended the Turkish identity”. The charge comes from a statement Pamuk made to a Swiss journalist last February. “Thirty thousand Kurds and a million Armenians were killed in these lands and nobody but me dares talk about it.” Pamuk was referring to instances of cultural genocide that took place in Turkey up to 90 years ago. This case has been adjourned to February 9, 2006 on grounds that this action should be approved by the Minister of Justice before proceeding. In court on December 16th, Pamuk was accompanied by a phalanx of journalists and writers, many of them foreigners there to lend physical and moral support.
As Turkey prepares to cede to the European Union, this case is being watched on two fronts. First, for what it means in terms of journalistic freedom in Turkey (aka freedom of the press and the right to freedom of speech), and second for the implications regarding Turkey’s democratic credentials, specifically, the separation of the court system from the state. EU countries will be watching this case, as will the international creative community. It is hoped that this scrutiny will have a positive effect.
For more information on this case see www2.rnw.nl/rnw/en and PEN Canada’s website at: http://www.pencanada.ca/media/TurkeyFocus.pdf.
RESPONDING TO GOOGLE
The publishing community has begun to respond actively to the challenges that are being presented by Google Print and other digitization projects. HarperCollins US is leading the way. Having announced that it will digitize 20,000 books, a good portion of it coming from its back-list. In implementing its own digitization project, HarperCollins plans to keep the rights to its catalogue and to license the rights to search this catalogue to Google and other services. For more information on the HarperCollins’ initiative see www.publishersweekly.com.