Online music, Mazza is wrong
Certainly the generalized flat on file sharing will not be the miraculous solution, nor will the speculations on rights contained in the article by Enzo Mazza on Punto Informatico help to solve the problem. Diverging the right of communication to the public from the right “of making available” means making fleas on frogs.
Mazza forgets that art. 3 of the European Union Copyright Directive (EUCD, literally the Copyright Directive of the European Union, ndt) unifies these rights avoiding useless speculation:
1. Member States shall grant authors the exclusive right to authorize or prohibit any communication to the public, by wire or by wire, of their works, including making their works available to the public in such a way that anyone can access them from the place. and in the moment chosen individually.
2. Member States recognize the parties listed below the exclusive right to authorize or prohibit making them available to the public, by wire or by wire, in such a way that everyone can have access to them from the place and time chosen individually:
a) performers, as regards the fixations of their artistic performances;
b) producers of phonograms, as regards their phonographic reproductions;
c) to the producers of the first fixations of a film, as regards the original and the copies of their films;
(d) to broadcasting organizations, as regards the fixings of their transmissions, whether by wire or over the air, including by cable or satellite.
3. The rights referred to in paragraphs 1 and 2 do not end with any act of communication to the public or with their making available to the public, as indicated in this article.
Apparently, FIMI finds it strange that others can care about Creative Commons licenses and just can’t imagine that new talents can actually emerge from free comparison on the Net.
Yet, the Net and the Creative Commons could be the most suitable means to give young artists a real opportunity and fight a piracy which, as FIMI itself claims, now reaches 25% of the market value.
Current technology offers us an absolutely new opportunity to accurately measure the diffusion and popularity of a work and therefore would allow us to assign the percentage of revenues obtained from the “flat” with equal precision. For the first time in history, even an up-and-coming author who only sells 1000 copies of a song could get the exact same treatment as the claimed singer that he sells 100,000,000 LPs. But maybe that’s what someone is afraid of.
AG is president of aps Pirate Party