2008-10-29
The industry debates initiated by the Government to discuss filesharing and
copyrights started in June. Participants include representatives of creators,
Internet providers and rights holders such as film companies and record labels.
The purpose of the debates has been to "promote the legal dissemination of
copyrighted material via the Internet", but thus far, little headway has been
made.
The rise of the Internet has led to the rapid, user-generated dissemination of
every conceivable expression of culture that can be saved digitally. This
development has created the background for the industry debates. Music
dissemination has by far undergone the most dramatic change and there is every
indication that technological development will continue to rapidly create new
conditions. It will soon be possible to carry every single piece of music
produced in the 1900s on a memory stick – and wirelessly send copies to a friend
during coffee breaks.
For everyone who works with the creation of text, images, film and music, this
development offers a fantastic opportunity to quickly and easily send works to
people across the world. In addition, the Internet is an important tool in the
artistic process. However, this development has also made it more difficult for
creators to receive compensation for their work. Copyright principles and
applicable legislation are bypassed on a daily basis when text, sound and image
files are illicitly made available to every computer connected to the Internet.
If the current trend continues, there is a risk that it will end in a deeply
unfortunate paradox, that the opportunities to disseminate and exchange words,
images and sound will lead to a steady decrease in the production of
professional art and culture. Those who make money on Internet traffic, for
example Sweden's largest Internet providers, Telia, ComHem and Bredbandsbolaget,
have everything to gain. Everyone else – consumers and creators – have
everything to lose since the economic base supporting the diversity and quality
of culture will disappear. The industry debates serve a particularly important
function in that they present an opportunity to find new methods for the legal
dissemination of cultural works. The debates started in June, but the results
have been meagre despite the steady flow of suggestions for how the industry
could move toward positive solutions.
Our organisations, which together represent the majority of professional authors
and artists in Sweden, share a common view on the development of legal
filesharing. We are in agreement that a simple focus on controls, which can be
perceived as an intrusion of privacy, is not a sustainable solution for the
challenges the development presents.
Instead, we advocate the creation of licensing models that efficiently solve the
issue of rights clearance between copyright holders, Internet providers and
consumers. This combines the best of two worlds, the freedom of the Internet and
the principles of the copyright laws, and will allow creators to receive
compensation for their work.
STIM, the Swedish Performing Rights Society, has taken the initiative to create
a licensing model for its groups of right holders. The model is has
possibilities, but it is too early to determine if it works well or if it is
applicable to other copyright situations or areas of practice.
Legislature must continue to clearly stipulate what is/is not permitted in order
to facilitate the process of licensing filesharing. Sweden needs to offer the
same effective means of tackling systematic breaches of the copyright law as the
rest of the EU. But it is neither technologically nor morally sustainable to
only rely on sanctions for those who today share files illegally. We want the
consumer to be able to easily access art and music while doing what is right.
We have to co-operate with Internet providers and the media companies that hold
many of the rights to our members' works – e.g. film companies and record labels
– to create a solution. However, during the industry debates over the past six
months, the Internet providers, who earn large sums of money on a daily basis
from the illegal distribution of our members' works, have come with a long list
of objections that in effect allow them to shirk their responsibility for
ensuring the market functions properly. It is particularly important that
Internet providers participate in measures against the illegal filesharing that
still occurs despite the fact that Internet users are offered the option to pay
for their filesharing.
We can now present new statistics about the general public’s opinion on these
issues. They indicate that there is strong support for the type of licensing
model that STIM has proposed. Synovate has conducted a public opinion survey on
online music on behalf of STIM. The survey shows that three out of four
respondents believe that music creators should receive compensation when their
music is disseminated online. The results would most likely be similar in other
cultural sectors.
Survey participants were also given the opportunity to respond to the following
statement: "A large amount of music is disseminated illegally over the Internet
and the music creator is not reimbursed when his or her music is used. There is
now a proposal that Internet providers, such as Telia or ComHem, should offer a
service that on behalf of the customer reimburses the music creators and other
right holders in proportion to how much their music is disseminated. The
proposal does not entail a change to current legislation, but rather that
Internet providers offer their customers the opportunity to purchase an expanded
service." A clear majority of 69 per cent answered that they thought the
proposal was either very good (47 per cent) or reasonably good (22 per cent).
The new technology creates unique possibilities for music creators, authors and
image, film and scene artists to quickly and easily disseminate and exchange
their works. The fact that the number of artistic works on computers around the
world multiplies every year shows that activity of creation is incredibly
important. We want to adapt to the conditions of the new technology while taking
responsibility for our actions. Now it is time for the Internet providers, media
companies and politicians to take their responsibility. Their actions can be a
deciding factor in whether the Internet of the future becomes a carrier of or a
threat to culture.
Administration of Literary Rights in Sweden (Administration av Litterära
Rättigheter i Sverige, ALIS)
Chairman Magnus Lindström
Visual Arts Copyright Society in Sweden (Bildkonst Upphovsrätt i Sverige,
BUS)
Chairman C-Stefan Ahlenius
Society of Swedish Composers (Föreningen Svenska Tonsättare)
Chairman Sten Melin
Swedish Joint Committee for Artistic and Literary Professionals
(Konstnärliga och Litterära Yrkesutövares Samarbetsnämnd, KLYS)
President Anna Söderbäck
The Artists Organisation (Konstnärernas Riksorganisation)
Chairman Karin Willén
Independent Filmmakers Association (Oberoende Filmares Förbund)
Chairman Suzanne Nilsson
Swedish Artists and Musicians Interest Organisation (Svenska Artisters
och Musikers Intresseorganisation, SAMI)
President Stefan Lagrell
Association of Swedish Professional Photographers (Svenska Fotografers
förbund)
Chairman Åke Sandström
Swedish Society of Popular Music Composers (Svenska Kompositörer Av
Populärmusik)
Chairman Alfons Karabuda
Swedish Federation of Musicians
Chairman Jan Granvik
The Swedish Association of Stage and Screen Directors (Svenska
Regissörsföreningen)
Chairman Mathias Lafolie
The Association of Swedish Illustrators and Graphic Designers (Svenska
Tecknare)
Chairman Lennart Eng
The Swedish Performing Rights Society (Svenska Tonsättares
Internationella Musikbyrå, STIM)
Chairman Gunnar Petri
The Swedish Playwrights Union (Sveriges Dramatikerförbund)
Chairman Rolf Börjlind
The Swedish Writers' Union
Chairman Mats Söderlund
The Swedish Craftsmen and Designers' Organisation (Sveriges
Konsthantverkare och Industriformgivare)
Chairman Gunilla Kihlgren Svartström
The Swedish Directors' Association (Sveriges Regissörer)
Chairman Simo Jääro
The Swedish Federation of Professional Musicians (Sveriges
Yrkesmusikerförbund, SYMF)
Chairman Bo Olsson
Swedish Union for Theatre, Artists and Media (Teaterförbundet)
Chairman Anna Carlson