Mike Weatherley MP has called on Internet Service Providers (ISPs) to stop hiding behind the EU Directive’s so-called ‘safe harbour’ provisions, and better assist the fight against piracy.
Under the EU’s e-Commerce Directive (published in 2000), safe harbour provisions allow providers of certain online services, in certain circumstances, to be exempt from liability for illegal activity which takes place on their service.
However, in his new paper entitled Safe Harbour Provisions and Online Service Providers, Weatherley argues that the advancement and proliferation of technology demands a review of current practices.
His report calls for an update to the directive to better reflect the scope of today’s technologies, and places a ‘duty of care’ on ISPs and digital content providers, so they are more proactive in removing copyright-infringing works from their services.
Weatherley also recommends a rewording of the safe harbour provisions to make a distinction between ISPs and digital content providers, such as music streaming services, to ensure the latter are accountable for managing content on their services.
His report said: ‘Whilst I personally think the answer is that the ISPs should indeed do much more than they currently do to reduce illegal traffic on the internet, I accept that the counter argument is strong and the whole issue needs much more debate – and then action.
‘The fight against piracy is a difficult one and I believe we do need the ISPs to be part of the battle to protect creators’ rights, and protect against illegal activity. I hope I have achieved a balance of argument in this paper to stimulate debate.’
Commenting on the paper, he added: ‘The creative industries are huge contributors to our economy so it vital, in order to protect them, that the regulations which were set out in 2000, are updated. The broad scope of the directive results in rightsholders losing out to pirates on an industrial scale.’
PRS for Music’s chief executive Robert Ashcroft welcomed Weatherley’s comments, saying: ‘The safe harbour rules have created a value gap, with direct and harmful impact on the creators of copyright works.
‘Well known services have remained unlicensed or under-licensed for far too long. This was the central argument in our economics paper Is Copyright Law Fit for Purpose in the Internet Age? It’s time to address the imbalance.'
Weatherley’s full report looks at the background of the safe harbour provisions, their perception from various sectors and whether or not they are working for ISPs, rightsholders and consumers.
Read it in full: http://www.mikeweatherleymp.com/wp-content/uploads/2015/03/Safe-harbour-provisions-and-online-service-providers-FINAL.pdf
Under the EU’s e-Commerce Directive (published in 2000), safe harbour provisions allow providers of certain online services, in certain circumstances, to be exempt from liability for illegal activity which takes place on their service.
However, in his new paper entitled Safe Harbour Provisions and Online Service Providers, Weatherley argues that the advancement and proliferation of technology demands a review of current practices.
His report calls for an update to the directive to better reflect the scope of today’s technologies, and places a ‘duty of care’ on ISPs and digital content providers, so they are more proactive in removing copyright-infringing works from their services.
Weatherley also recommends a rewording of the safe harbour provisions to make a distinction between ISPs and digital content providers, such as music streaming services, to ensure the latter are accountable for managing content on their services.
His report said: ‘Whilst I personally think the answer is that the ISPs should indeed do much more than they currently do to reduce illegal traffic on the internet, I accept that the counter argument is strong and the whole issue needs much more debate – and then action.
‘The fight against piracy is a difficult one and I believe we do need the ISPs to be part of the battle to protect creators’ rights, and protect against illegal activity. I hope I have achieved a balance of argument in this paper to stimulate debate.’
Commenting on the paper, he added: ‘The creative industries are huge contributors to our economy so it vital, in order to protect them, that the regulations which were set out in 2000, are updated. The broad scope of the directive results in rightsholders losing out to pirates on an industrial scale.’
PRS for Music’s chief executive Robert Ashcroft welcomed Weatherley’s comments, saying: ‘The safe harbour rules have created a value gap, with direct and harmful impact on the creators of copyright works.
‘Well known services have remained unlicensed or under-licensed for far too long. This was the central argument in our economics paper Is Copyright Law Fit for Purpose in the Internet Age? It’s time to address the imbalance.'
Weatherley’s full report looks at the background of the safe harbour provisions, their perception from various sectors and whether or not they are working for ISPs, rightsholders and consumers.
Read it in full: http://www.mikeweatherleymp.com/wp-content/uploads/2015/03/Safe-harbour-provisions-and-online-service-providers-FINAL.pdf
