FINLAND
to market the initiative was the demand to downgrade downloading by individuals to a minor infringement under the act. Curiously, however, under the current law, downloading of individual files is already either not criminalised at
all or criminalised only as a minor
infringement. Te initiative further proposes to remove the requirement of ‘legal source’ for the application of exceptions to reproduction rights. As a result, downloading from unauthorised sources, including from notorious online services such as Te Pirate Bay, would become legal, ie, be totally decriminalised.
In addition, the initiative includes a provision releasing operators of P2P services (and all other operators that do not themselves directly make infringing copies) from the liability to pay compensation to rights holders. Finally, the initiative would remove the possibility for rights holders to ask the courts to order Internet service providers to disclose the alleged infringers’ identities and to allow right holders to pursue civil claims before the courts. Tese provisions were introduced in the Finnish Act following the EU copyright directive and the enforcement directive.
The other major area covered by the initiative
is exceptions and limitations. The initiative suggests that use of copyrighted material in an actual or virtual classroom should be considered private use. As a result, rights holders would not have the right to license and be compensated for the use of their works under such circumstances. The initiative also proposes the introduction of
special
exemptions for parody and satire and for the making of ‘transformative works’.
In an apparent attempt to woo authors and artists, the initiative suggests imposing a specific rule on the right to reasonable remuneration and minimum compensation standards for transfers of rights.
As is evident from these suggested amendments, the initiative does not seek to strike a balance between the different stakeholders but to change
the balance so as to correct “the
current excesses of copyright protection”. Of course, whether such excesses actually exist or whether, instead, the law falls short of providing adequate protection, depends on the vantage point of the observer. However, it is maintained that any future discussion on copyright reform in Finland and elsewhere should be based on a
Lauri Rechardt is partner at Procopé & Hornborg. He practises in all areas of IP and media and entertainment law, and has particular expertise in the fields of international copyright, trademark and media law.
robust legal and economic analysis of the pros and cons of the existing law, as well as on the effects of the proposed changes. Tis initiative provides neither.
Lauri Rechardt is a partner at Procopé & Hornborg. He can be contacted at:
lauri.rechardt@
procope.fi
BEST Rechtsanwälte was established in 1998. Located in Frankfurt am Main, Germany, it is a boutique law firm specialised in Intellectual Property Law. Its two partners, both having worked in industry, as attorneys and in other positions for many years, have a strong back ground in this field. Together with further experienced attorneys and highly trained and motivated paralegals and support staff, the firm is well established to handle large quantities of work while ensuring highest quality standards.
BEST acts on behalf of large corporate clients and SMEs from various countries and numerous sectors of industry and commerce as well as on behalf of law firms based outside Germany, whose clients BEST Rechtsanwälte represents before the German courts and the German Patent and Trademark Office or in matters involving Community Trademarks and Designs.
BEST provides strategic consulting in trademark, design and domain matters and the complete spectrum of services in these fields, in cluding clearance, prosecution, defence and litigation of clients’ rights, and finds cost-effective and efficient answers to clients’ questions.
BEST also protects and defends clients’ interests on issues of unfair competition, advertising, and domains, from clearance and registra tion to UDRP and ADR proceedings, recovery, watching, social media and data protection issues.
For larger clients all of these services can be provided on the basis of an Agreement at an annual flat rate. We offer the best possible service to our clients at competitive rates. This is where our industry experience meets client expectations.
www.worldipreview.com
World Intellectual Property Review September/October 2013 143
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