ACTA is not dead, but they still fight

ACTA Opponents argue that prior to the signing of an international agreement against piracy should be liberalized first copyright law. Polish supporters of the environment and creative freedom on the internet prepare proposals for amendments, they want to share them with the EU.
After protests from European citizens, particularly the Poles, and the claims of human rights defenders MEPs decided not to adopt ACTA. During Wednesday's vote decided to reject the agreement on combating trafficking in counterfeit goods, without waiting for the opinion of the Court of Justice of the EU, which has asked the European Commission.
Controversy over this international agreement raised a discussion on the existing intellectual property rights and the status of implementation of the Law on Copyright and Related Rights.
Ministry of Administration and the digitization of the Internet Freedom Congress initiated the work on the proposed changes in copyright law. The talks were attended by representatives of the creative and online freedom advocates. The report summarizes the work of experts published in the last week. Announced its demands for changes in the rules, which are adjusted to the right web reality.
Among these was a proposal to include clarify the law on fair use public and private "in order to ensure certainty associated with the use of the songs".
During the work - as we read in the report - there are also suggestions of taking the concept of fair use, any use for non-commercial work and a clear distinction in the law of criminal copyright infringement for a living from this, the Internet user is permitted without reaping a profit. Part of the workshop participants, however, criticized the proposals.
Before the vote on the ACTA, PE Vice President Jacek Protasiewicz said that the administration and digitization Minister Igor Ostrowski presents the proposals developed during the workshop in the European Parliament. In his view, Poland has to offer a modern approach to the protection of intellectual property and the rights of creators on the Internet.
Ostrowski also responsible for the preparation of guidelines for the law on open resources. As he said in an interview with PAP, the law would serve the online sharing of culture, science and education funded with public money. Cultural institutions such as museums, applying for a government grant for the project, would - according to the idea of ​​Deputy Minister - justified in the application, whether and how to make available digital copies of such works of art. Assumptions of the Act were to occur in May, has so far made no announcement.
According to the lawyer Nicholas Barczentewicz announced by politicians revolutionary changes in copyright law will not be realized in the coming years, as a reduction in the scope of legal protection will not agree to proprietary business representatives. Specialist stressed that consent can be expected only if the producers and publishers will reap tangible benefits from sales on the Internet. According to him, "evolution of the legal effect will be more development of the Internet, the law will naturally adjust to that."
President of the Association of Polish Filmmakers Jacek Bromski stressed in an interview with PAP, that sooner or later, like the ACTA agreement must be accepted because "the question of the presence of intellectual property on the Internet needs to be regulated at the international level."
The basic problem with which Internet users do not know the case, lies in the fact that, under current law can prosecute only domestic users are not operating on a large scale and not deriving from the unauthorized use of songs no profit - Bromski stressed. To prosecute the real criminals, it must start - in his opinion - an international agreement in force on the model of ACTA.
"The general rule should be that everything is on the internet, it is legal and it can be used for personal use. Clear we have the internet with such a contract, the surfer did not have to wonder if committing a crime" - said President .
The coordinator of the Business Software Alliance in Poland Bartlomiej Witucki said that the rejection of ACTA "This is a missed opportunity for Europe to demonstrate strong support for the creative, innovative companies in the single market, which depends on the protection of intellectual property." He welcomed the European Commission's announcement that it maintains a referral agreement to the Court of Justice, which is to evaluate whether the contract complies with EU primary law.
Regardless of the workshop representatives of the creative and online freedom advocates, law professors team appointed by the ministry of culture is preparing a report on the current Law on Copyright and Related Rights. Professors have served their knowledge participants of the workshop organized by the MAC.