Paul F Burgueño

"On the way to Copyright?

Society is demanding urgent reform the Copyright Act, which regulates real and practical manner the rights of creators in the digital age.

Every day, countless published articles on the inapplicability of current copyright law to use that users give to content through Internet and other digital media. I can not say I'm tired of reading about this issue because, as you know, I am passionate. But I do recognize that it is frustrating to see every day as an outdated law and inconsistency forsakes the perpetrators, violent liberties "reasonable" for users and generates a growing legal uncertainty that benefits neither the one nor the other.

The best way to demonstrate the obsolescence of the standard is through real life examples. I hope that the legislature stop taking health reeds "political cowards, incapable of understanding his awkwardness to what extent the regulatory suit you've outgrown the new information society (" obsolete technology? "Jump" free software) "and read this post once to solve an issue as important and influential on the cultural value chain in Spain.

On the sloppy drafting of the limit of Appointment (Article 32): Size outrage against common sense, generating as a result which can not be "quoting" unless it is done "for purposes of research or teaching." On this subject I recommend reading the post from David Maeztu entitled The quote is going to end and La Sexta, Telecinco and intellectual property.

Most of the videos I change my voice for that of the famous comedians, politicians, television presenters are illegal because they lack the necessary authorizations for exploitation (reproduction, transformation, public communication ...). It seems that the legislator's hand trembled when drafting Article 39 and did not envisage such a situation.

At the border of private copying, rivers of ink. Many people still call "law" and most wrongly continue to see the 31 of TRLPI a paradise that covers discharges of eMule. It is imperative at this point a clear and unambiguous wording not rise to confusion and uncertainty as the current is leading.

Speaking of private copying, the canon is actually called a "fair compensation for private copying" that the legislature of 2006 drafted by the authors to fovor through Article 25 of the Copyright Act. What this article is intended to give authors a fraction of what they are putting private gain for each copy is done. But that small part may not be such if it is confirmed that this item (by mistake or so interested ...) has been implemented so that gravel to more people than you should. In this sense, we are waiting for the Court of Justice of the European Communities resolve an issue raised by the Provincial Court of Barcelona in which the Court asked the Community authority if the fee covered by the current revised text of the Law Intellectual Property (TRLPI) does not contradict the European legislation.

In the press sector things are not always clear, mainly due to darkness and casuistry caused by different interpretations of Articles 32 and 33. Apart from these, another of the practical problems that online newspapers are currently the licenses granted for use of photographs to illustrate a particular news today, which no longer "current" for two days, and yet, years later is still available online.

The rights management entities (AGEDI, VEGAP, CEDRO, SGAE, IEA, EGEDA, AISGE and DAMA) exist under Title IV of Book III of TRLPI. Are private companies, non-profit, empowered by law to represent the different categories of creators, ensuring their rights and manage on their behalf. However, despite being recognized by an Act of XXI century, composition, nature and rights management model parameters correspond to the last century. I am convinced of the necessity of its existence, it would change many of those elements to fit the new digital reality:

• Operation is very little need to negotiate for a single farm payment rates for each of these societies. It is essential to the system stop.
• In the dissemination of content via Internet, territorial exclusivity clauses are not meaningful. The Copyright Society of Belgium and Holland have already been realized.
• The European Union is based, among other principles, in free competition. The European Commission has already warned that management companies create national monopolies against this principle.
• "The management bodies should change to a management scenario of a non-exclusive rights in which rights holders could use such licenses or permits individuals to perform certain cases, as already done in countries like USA" (Andy Ramos - On the self and the convenience of it).

Sentences like the last two of Germany in declaring illegal the thumbnails Google Images shows us once again that European law has failed to adapt to the digital age. The result of regulatory inaction is the unfair application of reasonable uses obsolete rules of law. However, in Spain thanks to the ingenuity of the judges of the Audiencia Provincial de Barcelona (in its decision 749/2007 of 17 September), has managed to adapt and integrate the Anglo-Saxon doctrine of Fair Use (107 of the Copyright Act) to our right, leaving the door open to reasonable use of content via the Internet. However, the fact that this doctrine should be interpreted every time they reach the courts and integrated from the common law there is no planned clearly in the legislation, generates a high legal uncertainty in the system.

I do not want to extend most, but like we could still speak of Intellectual Property Law, criticism could also be here to-unreal film law, which seeks to regulate the value chain of the audiovisual industry based on a particular model imposed by the State without having in mind that, due to new technologies and globalization, this pattern changes daily.

In my opinion, the solution is not to forget the continental law system and turn toward the path of copyright, but to legislate according to the possibilities, strengths and weaknesses of the digital age, understand their limitations and regulations allow the industry to grow in harmony with the new medium and users make reasonable use of rights. Otherwise, go wrong ...

I leave you with this phrase from The Advocate's Navigator, which I quoted above-in relation to the possibility of pirating software needed for business if the manufacturer has stopped marketing:

[The current Property Law is ...] "a law-stitched patches pusillanimous politicians, unable to understand his awkwardness in how the dress policy has been too small for the new information society."