The European Commission is currently holding a consultation on the 2004 directive on the enforcement of intellectual property rights in the online environment (the so called IPRED directive). As the name suggests, this directive deals with the enforcement of copyright – including issues such as injunctions against internet service providers, internet blocking, and warning letters to individuals accused of unauthorised peer-to-peer filesharing. These issues have been hugely controversial in the past and there is considerable pressure from rights-holders to further expand the way they can enforce rights.
This is of course only one side of the story, as we have seen over and over again how enforcement actions are abused, chill speech, and limit access to information. The consultation is of great importance not only to those interested in copyright, but to anyone using the internet. The consultation covers how private companies should (or not) be involved in law enforcement online – for example by removing content uploaded by a user that includes any copyrighted material.
It also covers the range of internet intermediaries that could or should be subject to legal obligations to undertake law enforcement activities. Imposing extra requirements on internet intermediaries limits them in the types of services that they can offer to users, and can make it more difficult for non-professional creators to find an audience for their creations and/or opinions.
It is important that the Commission hears from as many internet users and creators as possible. The consultation consists of 5 different lists of questions for different types of respondents. Our friends at EDRi have built an online tool for answering the Commission’s questions. EDRi also provides guidance and advice for potential responses from particular audiences, including citizens, consumers, and civil society organisations.
If you regularly create content that you share online (such as photos, videos, and writing) you can also consider answering the question aimed at rightsholders: it’s crucial to show the Commission that copyright (enforcement) rules cannot be based solely on the entrenched “needs” of large commercial rights holders. Instead, the rules must reflect the reality where countless numbers of internet users create (and wish to share) copyright-protected works on a regular basis.
You have until the 7th of April to submit your responses via the EDRi answering tool.