The full House of Representatives today approved definitively reform Intellectual Property Law (LPI) after incorporating the amendments of the Senate with the votes of the People’s Party and harsh criticism from the opposition.
The law, passed by 172 votes in favor, 144 against and 3 abstentions, set your text within a year before the government proceeds to a comprehensive reform of the Copyright Law.
The opposition groups have agreed to accuse the Government of failing to fulfill its promises of consensus, while the People’s Party has argued that reform meets its goals: protection of cultural creators in the Internet, improving transparency of entities copyright and transposition of European directives.
Representatives of the cultural sector have organized various concentrations in recent weeks to protest this law. Also, the inalienable compensation from news aggregators editors and has drawn criticism from some of them and notice that Google may shut its service ‘Google News’ in Spain.
Precisely this compensation, with fines of up to 600,000 euros to combat piracy, the search for greater transparency in the management entities and the single window in the payment of royalties are some key LPI, according He has repeatedly stated the Ministry of Education, it is only a “partial” reform since the government made an amendment to “broader depth” expected next year, following the adoption of an EU directive on property intellectual.
Given the imminence of the final adoption of the text, just subtract it its publication in the Official Gazette to come into force in January 2015, the management entities, grouped in ADEPI association, have this week sent a letter to all MPs calling on them not to vote this reform, as highlighted, bring “serious consequences” for the country, which is not “using the pull of the great cultural offer.”
As indicated Europa Press ADEPI director, Antonio Fernández, “when the law takes effect will reduce hundreds of thousands of salaries cultural professionals, to arbitrarily slash their rights, and do not hinder management will provide effective solutions in the fight against piracy. “
This letter is attached to different concentrations against the Secretary of State for Culture, which faces known as Ana Belen, Victor Manuel, Hector Alterio, academic and theater director José Luis Gómez, Pilar Bardem, Luis Cobos or Montxo Armendariz, among others, have protested this law. Private Copy One of the most criticized issues that have management entities is the private copying compensation under the State Budget (PGE), a system they consider unfair since involving the whole of society, but also insufficient because the amount spent is much less than that obtained with the canon.
Collecting societies have stated on several occasions that are willing to take “judicial” that “claims for property damage will mean that if Europe ends up giving in to the entities in the medium term could pose compensation of hundreds of millions of euros.”
This decision of the Supreme Court adds which agreed last September 18 to ask the European Court of Justice (ECJ) if this new compensation system conforms to European legislation.
If so, question whether the total quantity to compensation, “still being calculated based on the loss actually caused, should be set within budgetary limits set each year.” Canon Aede The call ‘rate Google’ compensation is a news editor for the exploitation of their content in the field of news aggregators on the Internet, for the Socialists have demanded the possibility of waiver, and the inclusion of compensation for journalists and photographers.
The Association of Spanish Newspaper Editors (SAFE), said “the recognition of the rights that protect publishers on the content they produce their media is essential today. “
So, has warned that the current ‘status quo’ of Google has a” threatening position “domain in the Internet market because” it leverage the efforts of others “and is” against entrepreneurs that produce content, create jobs, pay taxes and quoted in Spain. “
By contrast, other associations such as the Spanish Confederation of Business Organisations ( CEOE) reiterated his defense of the “right of the employer to decide” whether or not charge the ‘rate Google’. “We support free enterprise and the right to decide owner about who, where and how their content is used the” he noted.
In this line, the Platform for Copyright Journalists urged the PP to “rectify” and accepting opposition amendments to include journalists and photojournalists as holders of rights to remuneration for use by aggregators.
Meanwhile, the Coalition Internet presiding pro journalist tasked Arsenio Escolar International Financial Analyst (AFI) A study which showed that the implementation of the ‘rate Google “would have a negative impact of 1,133 million euros a year for about 17 million Internet Spanish consulting online media. entidads management and orphan works With regard to the management entities copyright, LPI establishes obligations for management entities to improve the identification and location of rights holders to who must make the payments and the possibility of increase of sharing or compensation of negative surplus entities.
Also, a one-stop mechanism is created as a means of billing and payment, for which to the management entities are obliged to appoint a private corporation that is responsible for centralizing these operations
Another novelty of this reform is the transposition of two Directives. extending the term of protection of rights artists or performers and producers of phonograms in 20 years, reduced from 50 to 70 years; and the establishment of a legislative framework to ensure legal certainty in the use of orphan works by cultural institutions.
On the other hand, the maximum that can be played is limited to 10 a work in the scientific and academic fields, as requested groups such as cedar and CRUE, in order to clarify what can be played.
Also, has joined the transposition of a European directive on rights rental and lending of books “to clarify what the loan books” and avoid “charge for public libraries to borrow a book.”
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