Responses: border
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Revision as of 23:28, 12 January 2014
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* We believe that having a single copyright title is the first step, rather than the next. In a global market, any reform of copyright is deemed to fail if pursued by individual states: the free movement of people required us to set up a uniform visa policy in the Schengen area; the free movement of ideas requires the same effort. All the more so because in the present time cultural works circulate across national borders in quantities unthinkable till a decade ago, requiring action even more than the (less common) circulation of people.
* We believe that having a single copyright title is the first step, rather than the next. In a global market, any reform of copyright is deemed to fail if pursued by individual states: the free movement of people required us to set up a uniform visa policy in the Schengen area; the free movement of ideas requires the same effort. All the more so because in the present time cultural works circulate across national borders in quantities unthinkable till a decade ago, requiring action even more than the (less common) circulation of people.
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* Because it's the first step, it must not be a long term, but also a short term project. We can start setting the direction immediately. Building upon an international copyright treaties principle such as the [[rule of the shorter term]], and upon an ever-expanding European principle such as the highest level of protection ([http://eur-lex.europa.eu/en/treaties/dat/32007X1214/htm/C2007303EN.01000101.htm EU Charter of Fundamental Rights], Article 53) or the principle of prevalence of the more favourable law, an EU regulation should first of all establish (with immediate application) that an EU user or reuser of a copyright-protected work shall only be bound to the least restrictive of all EU states' laws and regulations for such a work. This will immediately eliminate any copyright market friction caused by cross-boundary legal uncertainties, and automatically produce a self-sustaining push towards unification of the legislation in the coming years.
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* Because it's the first step, it must not be a long term, but also a short term project. We can start setting the direction immediately. Building upon an international copyright treaties principle such as the [[rule of the shorter term]], and upon an ever-expanding European principle such as the highest level of protection ([http://eur-lex.europa.eu/en/treaties/dat/32007X1214/htm/C2007303EN.01000101.htm EU Charter of Fundamental Rights], Article 53) or the principle of prevalence of the more favourable law, an EU regulation should first of all establish (with immediate application) that an EU user or reuser of a copyright-protected work shall only be bound to the least restrictive of all EU states' laws and regulations for such a work. This will immediately eliminate any copyright market friction caused by cross-border legal uncertainties, and automatically produce a self-sustaining push towards unification of the legislation in the coming years.
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