Minister Saarela's closing speech at the Conference of European Content and Copyright Policy

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First of all, I would like to express my pleasure that our Conference has excited broad in-terest through professionals and experts.

And it is a great pleasure to see you all in Helsinki.

The theme of this Conference was also my topic yesterday, when I presented to the Euro-pean Parliament my part of the Government’s priorities.

Content and creative industries are definitely one of our political priorities.

We have wanted to join to, and strengthen the policy lines formed by the UK, and Austria, our twin Presidency this year, in their successful Conferences on ‘Creative Economy’ and ‘Content for Competitiveness’.

At the same time, we want to pave the way for the broad policy, being developed by the Commission in the content area.

The project “Film online” launched by Commissioner Reding has been important source of inspiration for us.

At this moment, I cannot skip a reference to our first Presidency. In 1999, we organised an expert conference on Audiovisual Policy.

Could you guess which the themes were in those days? – Opportunities of Internet distribution, support for content in the digital environment, and trade in cultural and audiovisual services.

Our thesis was that there is clear need, and justification, for a strong measure, to promote European content in the digital age.

All this was in the dawn of the great international debate on cultural diversity.

What I just said proves the significant role of creative industries. Today, we may say that these industries are one of the driving forces of the economic growth.

And, any European policy to foster these industries is necessarily multisectorial. It includes sector policies on culture, information society, internal market and trade. It extends also to other policy areas, such as competition and employment.

The focus of this Conference has been on business in creativity, and economy. The creators themselves have not been in the centre of the focus. This does not mean that we would not have intense and dedicated attention on their position as primary value generators.

Creation and the creators are the backbone of culture and cultural industries.

Dear participants,

Now, I would like to highlight some topics from the discussions, and share with you some preliminary considerations.

At the moment, the content market consists mainly of analogue and digital television and distribution of content in tangible products.

One thing is certain. At some moment, the market will be mostly on-demand and online.

The preconditions for this are at hand. The distribution networks have demonstrated their potential. Broadband-internet is not anymore the Internet we used to know. Not to speak about consumer electronics.

In order to give online business an upswing, it needs attractive and high quality content, and branding.

The Film Online Charter is a brilliant achievement. All principal players of the film and content industry have declared their commitment to a common goal. Now, it is time for them to deliver.

Everything should be consumer driven, even business models.

Agreements between authors, producers, online service providers, and other stakeholders should be balanced.

It is fabulous, almost culturally romantic, that all the movies of the film history may become simultaneously available. This is the long tail.

The discussion has demonstrated that we need transparency for all strategy making.

In online business content is fluid and intangible. Dealing with content is dealing with rights.

It has become very clear that a properly functioning system of rights clearance is crucial for any content service.The online space is inherently borderless. But, in reality, already the European Union consists of 25 or 27 territorial markets. The need to establish mechanisms to overcome the territoriality is evident. The Recommendation on the collective rights management for online music is a start and the first try to address these challenges.

In different content areas, rights are managed in different ways, collectively or individually. We need to be prudent in any interference in the core of the activities.

In all areas, there is a justified claim for efficiency. When the world goes more complex, the rights clearance must become simpler.

Contrary to what was thought before, collective licensing is a strong concept.

The commission's message in the music area is: rightholder is on the driver's seat. In fact, this must be the general principle.

There are issues still to be resolved. How to access the worldwide repertoire? Who will eventually manage, and under what terms, the big repertoire?

And furthermore, now we have learned that softlaw may have a function as one of the tools.

In the world of communication networks, no content policy can work without looking at the realities in the surrounding world.

This includes understanding on the ways how market functions, and the recognition of the value of property of others.

Good copyright policy starts from clearly applicable and understandable copyright laws.

Policy-maker has to make sure that creator can control the work to a reasonable degree.

The overall goal should be to make market more workable.

And we have to recognize that law or policy principles cannot solve all problems. Neither norms alone, nor enforcement is enough.

Awareness and understanding the system should be a fundamental part of modern literacy and civic skills.

One of the main issues is the consumers’ attitude. A lot of awareness raising, education and information is needed.

This could in the best case lead to inherently accepted social norms.

We will initiate, if it is in our hands, a joint consideration on explicit policies in the field of copyright and online content business.

When looking at online business we need to recognise parallel and also controversial interests.

There may be more space for co-operation between different stakeholders and concerted action, than it is yet generally realised.

Again, the best and only recent example is the “Film online” project. The list of exemplary practices includes projects involving producers, distributors, Internet Service Providers, telecommunications enterprises, DRM providers, and others.

Consumers are in a decisive position, and also consumer organisations have a very important task to formulate balanced approaches.

Interoperable DRM's seem to be indispensable. Here again, the consumer acceptance is the key. I wish every success to the work in this area.

We should not allow breaking the code when, and if, it is the only chance for the industry.

And, even in this situation, we should protect the citizen's possibilities to make their private copies.

Remuneration for private copying, in the form of levies, is not a perfect, but the only solution for the moment. We will have to live with it, and develop it taking into account the evolving technology environment.

In several instances, specific financial public support may be necessary for markets. Our support mechanisms should be geared into this environment. In Europe, we have good knowledge on how to do this without causing trade distortion.

One could not emphasize too much the potential of identifying best practices as guiding tools.

This includes co-operation procedures – such as codes of conduct and self-regulation.

A moment ago, I stated what I have learned about content, being incarnated in rights.

In trade terms, content is a service. Every trans-border online sale of a film, or a piece of music, or an encyclopaedia, is an act of trade in services.

Two regimes prevail in these areas – the international intellectual property system, and the international trade system.

The former is business for the World Intellectual Property Organization; the latter is a matter for the World Trade Organization.

Globalisation implies need for co-operation between States. One of the ultimate goals is legislation, as uniform as possible. When this is not achievable, international tools to provide interoperability, and recognition of national solutions, is needed.

The GATS Agreement represents the achieved level of rule making in the area of trade.

The international system of copyright treaties consists of a fabric of instruments. An update has been going on since early 1990's. The current standard in this field is the 1996 WIPO Treaties.

The update of broadcasters' rights is in good progress. A breakthrough in this matter would have a refreshing effect on the international co-operation. I think that the Community and the Member States, should all work on that goal.

The dynamism of international system should be restored and maintained.

This is subject to hard work and confidence-building.

Ladies and Gentlemen,

In all areas now under discussion, there is still time to avoid mistakes, but no time of doing nothing.

Later, at a proper moment, I would like to present you all some more elaborated observations, and Presidency Conclusions.

I would like to thank all of you, keynote speakers, participants in the panels, and moderators of sessions, for your active and valuable contribution.

And, I would like to express my special thanks to the Commission, Madame Reding, Mme Quintin, Mr Stoll, and to all other representatives of the Commission, for the co-operation.

I wish you all a most enjoyable stay here, and safe journey back home!