Promoting digital contents in the European Union October 22nd 2013 Dalhousie University Pr. Annie Blandin European Jean Monnet chair Telecom Bretagne

The increasing role of attractive contents in the information society Important role of the contents in the digital agenda of the European Commission Important role of the contents in the digital agenda of the European Commission 1.Digital single market1.Digital single market 2. Interoperabiliy and standarts2. Interoperabiliy and standarts 3. Trust and Security3. Trust and Security 4. Fast and ultra-fast Internet access4. Fast and ultra-fast Internet access 5. Research and innovation5. Research and innovation 6. Enhancing digital literacy, skills and inclusion6. Enhancing digital literacy, skills and inclusion 7. ICT enabled benefits for EU society7. ICT enabled benefits for EU society

I - The promotion of the infrastructures of the Information Society I - The promotion of the infrastructures of the Information Society II - The promotion of the digital contents II - The promotion of the digital contents

I - The promotion of the infrastructures of the Information Society 1. To what extent does the European Union encourage the High Speed broadband ? 1. To what extent does the European Union encourage the High Speed broadband ? Demand for capacity intensive services is expected in the futureDemand for capacity intensive services is expected in the future The value creation depends on the ability to offer attractive contentsThe value creation depends on the ability to offer attractive contents First step : liberalization of telecommunicationsFirst step : liberalization of telecommunications Competition is balanced against public serviceCompetition is balanced against public service

I - The promotion of the infrastructures of the Information Society 1. To what extent does the European Union encourage High Speed broadband ?1. To what extent does the European Union encourage High Speed broadband ? New Generation Networks for all by 2020New Generation Networks for all by 2020 Regulatory and financial instrumentsRegulatory and financial instruments Guidelines for State aidsGuidelines for State aids

I - The promotion of the infrastructures of the Information Society 2. How is Net neutrality guaranteed in Europe ?2. How is Net neutrality guaranteed in Europe ? End-users shall be free to access and distribute information and content, run applications and use services of their choice The protection of the fundamental rights to intellectual property must be balanced against the protection of other fundamental rightsThe protection of the fundamental rights to intellectual property must be balanced against the protection of other fundamental rights

II – The promotion of digital contents 1 – How does the European Union protect the digital contents ? 1 – How does the European Union protect the digital contents ? By fighting against illegal file sharingBy fighting against illegal file sharing No European legislationNo European legislation The French Hadopi law – three strikes lawThe French Hadopi law – three strikes law The debate over the suspension of the access to the Internet when the subscriber does not monitor his Internet access to ensure it is not used for any copyright infringmentThe debate over the suspension of the access to the Internet when the subscriber does not monitor his Internet access to ensure it is not used for any copyright infringment The end of the HADOPI law ?The end of the HADOPI law ?

II – The promotion of digital contents 1 – How does the European Union protect the digital contents ? 1 – How does the European Union protect the digital contents ? By establishing a balance between authors’ rights and exceptionsBy establishing a balance between authors’ rights and exceptions The European Commission seeked to encourage the development of user created contents by projecting to create a new exception to the exclusive rights of the author which would allow a transformative use of previous and protected material The proposition was rejected

II – The promotion of digital contents 2. To what extent are the contents controlled by the European Union ? 2. To what extent are the contents controlled by the European Union ? Controlling the access to contents via search engineControlling the access to contents via search engine The antitrust investigation against Google The antitrust investigation against Google Somes practices violate the European competition rulesSomes practices violate the European competition rules The commitments offered were rejectedThe commitments offered were rejected

II – The promotion of digital contents 2. To what extent are the contents controlled by the European Union ? 2. To what extent are the contents controlled by the European Union ? Controlling the cultutal heritage and the digitazion of the European worksControlling the cultutal heritage and the digitazion of the European works Google Books/EuropeanaGoogle Books/Europeana Europeana : a multi-lingual online collection of digitized itemsEuropeana : a multi-lingual online collection of digitized items Private sector/public foundsPrivate sector/public founds Directive permitting certain uses of orphan worksDirective permitting certain uses of orphan works

II – The promotion of digital contents 2. To what extent are the contents controlled by the European Union ? 2. To what extent are the contents controlled by the European Union ? Controlling the cultutal heritage and the digitazion of the European worksControlling the cultutal heritage and the digitazion of the European works Promoting the European market of e-booksPromoting the European market of e-books Protecting the media organizationsProtecting the media organizations The compensation fight between Google and news publishersThe compensation fight between Google and news publishers Tthe French agreement :Tthe French agreement : Google will help French news organizations increase their online advertising revenue Google will set up a euro 60 million ($82 million) fund to finance digital publishing innovation

II – The promotion of digital contents 2. Are personal data contents like other contents ? 2. Are personal data contents like other contents ? A high level of protection in the European UnionA high level of protection in the European Union A balance between free movement of information and privacyA balance between free movement of information and privacy The empowerment of the data subjectThe empowerment of the data subject The ongoing reformThe ongoing reform The right to be forgotten/Collective memoryThe right to be forgotten/Collective memory

II – The promotion of digital contents 3. The contents in the relations between European Union and Canada 3. The contents in the relations between European Union and Canada Lawfully transferring personal data :Lawfully transferring personal data : The decision on the adequacy of the protection of personal dataThe decision on the adequacy of the protection of personal data The PNR agreementThe PNR agreement Relations built on trustRelations built on trust

II – The promotion of digital contents 3. The contents in the relations between European Union and Canada 3. The contents in the relations between European Union and Canada The free trade agreement- theThe free trade agreement- the comprehensive economic and commercial agreement The cultural exceptionThe cultural exception The provisions related to intellectual propertyThe provisions related to intellectual property

“We need more trade, here we welcomed the recent agreement with Canada, and we need a better single market: for the digital economy, as we discussed last night, and also for services”.“We need more trade, here we welcomed the recent agreement with Canada, and we need a better single market: for the digital economy, as we discussed last night, and also for services”. Remarks by President Herman Van Rompuy following the European Council – October 2013.