Dutch Parliament: report on General Consultation Copyrights

It has been a while, but on December 7, the second part of the General Consultation on Copyrights was held in the Dutch Parliament. We have previously written about the outcome of this consultation, but now an official report of the second part of the consultation is published.

Throughout the discussion, once more the Secretary of State Teeven of Safety and Justice clearly explained his vision on his priority letter Copyright 20©20. His most important points of view on this topic are described below (translated from his Dutch statements)

“We can not maintain the broad private copying exception that we now have, including downloading from illegal sources, without new levies. Unfortunately, I must disappoint those who do not want a prohibition to download copyright protected content from illegal sources and also do not want new levies. It's one or the other”, says Teeven.

Secretary of State Teeven clearly indicates that the Parliament must make a choice: new levies or a ‘download prohibition’. Certainly, Teeven’s choice is clear.

“I do make a choice and I will explain my choice carefully to the Parliament. When someone downloads a file from an illegal source, this will no longer be qualified as a permitted private copy. Downloading from illegal sources will be illegal. Of course, someone can still record a movie to watch later. A copy of original files on an MP3 player or another carrier will still be permitted. A levy on such private copies is not appropriate because there is no or minimal damage. A ‘download prohibition’ is also necessary for another reason: it creates a clear standard. We must ensure that no one can look the other way, when files are illegally shared on the internet”, Teeven explained.

Teeven also sees a role for Internet Service Providers (ISPs) in the enforcement of a ‘download prohibition’. However, Teeven does not mention specific measures.

“The last couple of years, it has been too easy for ISPs to say that they couldn’t do anything about their subscribers who buys huge bandwidth on which thousands of movies can be downloaded. In my opinion, we need to make that impossible. At least, I want to get rid of ISPs’ equivocalness by creating a clear legal framework that aims on combatting these illegal sites and services that facilitate illegal file sharing”, Teeven continued.

We already know the AO’s outcome. It seems that a majority of the Parliament does not want a ‘download prohibition'. Now, we will have to wait and see whether the Parliament wants a new system for private copy levies. According to Teeven, the Parliament needs to make a choice between a ‘download prohibition’ and new levies.

The entire report can be read here.

Read more about the AO Copyright on FutureofCopyright.com:

• Majority Dutch Parliament against ‘download prohibition’
• Illegal downloading: to forbid or not to forbid? That’s the question!
• Dutch government and Parliament disagree on how to update copyright law
• Dutch unions: legalize illegal filesharing, introduce copyright levy on internet

By: Karen Groen