Copyright system failing

"We need to go back to basics and put the artist at the centre, not only of copyright law, nevertheless of our whole policy on culture and growth. In times of change, we need creativity, out-of-the-box thinking: creative art to overcome this difficult period and creative business models to monetise the art. And for this we need flexibility in the system, not the straitjacket of a single model. The platforms, channels and business models by which content is produced, distributed and used can be as varied and innovative as the content itself," she said.

According to Kroes, information and communications research could help in this connection. "In all sorts of sectors, ICT can help artists connect with their audience, directly and cheaply. And it can help audiences find and enjoy material that suits their specific needs, interests and tastes. And ICT can help in other ways too, supporting a system of recognition and reward. A Global Repertoire database to find out what belongs to whom . Tracking technologies, to permit a totally transparent process for artists and intermediaries to find out who is looking at what artwork when and to distribute revenues consequently. Digitisation, to make artworks available for instant transmission to distant fans."

She recommended that cloud computing, which presented a totally new way of purchasing, delivering and consuming cultural works would undoubtedly raise new questions about how licensing should function in an optimal way. "It’s not just about research: smart legislation can help, too. We need to find the right rules, the right model to feed art, and feed artists. We need the legal framework to be flexible. This is my recipe, my commandment, my bumper-sticker to nurture creation. The digital world changes quickly, and if allowed to do so can permit creativity in all stages of the chain. So we shouldn’t prescribe a particular model, however set a framework allowing many new models to flourish," she stated. This should be made as easy as possible to license, not obstruct that process during making sure that the system efficiently secured the interests of artists themselves. "This is what we are doing at the Commission with our future legislative proposal on collective rights management," she advised.

Recognising the importance of release windows for the industry in accordance with current business models, she recommended that as new ways of watching films develop in the market, binding legislation dictating the sequence and period of release windows seemed inflexible, "and may make it harder, not easier, to provide and purchase content legally". According to Kroes, a system of rewarding art, in all its dimensions, must be flexible and adaptable enough to cope with these new environments. Such a model should not be developed from the centre. "To put it more exactly we need to create a framework in which a model - or as a matter of fact several models - can develop organically, flexibly, in ways that support artists."