Print This Page
Films, Video, & Art
Draft of July 17, 2006:
1.It is vital to ensure that both content makers and consumers have unimpeded, but fair, access to communicate and engage in transactions with each other. Access to audiovisual content is essential to help ensure the public can readily obtain diverse sources of information, including cultural products.
2.The growing availability of a multiplatform digital distribution systems, such as the broadband Internet, Internet Protocol TV (IPTV), and mobile services, provides an important opportunity for both audiovisual content creators and consumers. For example, media makers can now sell content directly to consumers using broadband connections. Consumers also have the ability to view and acquire a diverse array of audiovisual content.
3.We support the following rights:
4.Audiovisual makers should be able to directly sell/distribute their products and services to all consumers, regardless of regional boundaries;
5.All broadband networks/ media service providers available to the public should readily foster such communications and transactions;
6.Audiovisual makers should have access to the full range of distribution modalities, including video on demand, switched video, and mobile networks;
7.Audiovisual makers should [respect all] [adhere to] appropriate laws and regulatory regimes[, including] [and] rules protecting privacy, advertising safeguards for minors; and human rights.
8.Audiovisual makers should [respect] [adhere to] reasonable measures including copyright law, that protect the moral and material interests of creative communities. However, these measures should not be overly burdensome, with regard to the ability of audiovisual makers to use portions of works to create new works.
9.Audiovisual makers should have access to a universal and affordable system of rights clearances, [as well as appropriate limitations and exceptions in copyright law to protect the ability to use works or portions of works without remuneration in appropriate cases];
10.Audiovisual makers should expect national governments and other governmental bodies would provide financial support and other assistance to aide the production and distribution of works;
11.Audiovisual makers should expect national governments and other governmental bodies to facilitate agreements between themselves and access providers, if needed;
12.Audiovisual makers should expect that broadcasting and computer networks receive the necessary investment to ensure state of the art, efficient, delivery of digital content to users;
13.Audiovisual makers should expect government and network providers to help ensure that digital distribution is equitably available and affordable, including to rural and low-income consumers.
14.Consumers:
15.Have the right to directly contact and acquire the multimedia/audiovisual content of their choice;
16.Their privacy should be protected and purchases protected by effective consumer standards;
17.Consumer representatives must be included as a core constituency in any deliberation involving government or government-sponsored entities related to digital distribution (such as the recent European Charter related to online film, etc);
18.Consumers should expect that networks would receive the necessary investment to ensure state of the art, efficient, delivery of digital content to them;
19.Consumers should expect government and network providers to help ensure that digital distribution is equitably available an affordable, including to rural and low-income communities;
20.Consumers benefit from cultural diversity in all aspects of broadcasting and publishing of cultural works. Mechanisms to support such diversity, including promotion for diverse languages, and minority productions are needed. States or Regional entities must consider diverse methods to support the creation and diffusion of communitarian or artistic works, from quotas to subventions for scripting, filming or diffusion and theaters.
21.Concentration of ownership of the distribution systems presents risks and dangers to both consumers and makers of audio visual works, in terms of high prices (for distribution), lack of diversity of content, and undue influence on cultural and political life. Global concentrations of ownership of media outlets are even more risky and dangerous than concentrations of ownership of national systems. Monopolistic control over “last mile” delivery of digital content, if combined with the ability to discriminate among content providers, presents the same type of problems.
22.Creative communities and consumers oppose government imposed censorship and other restrictions on the freedom of opinion and expression; including the freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
23.Both creative communities and consumers are harmed by excessive prices costs associated with the distribution and sharing of audiovisual works.
24.Consumers and makers of audiovisual works agree that broadcasting or webcasting organizations should not be given intellectual property rights in the content of audo visual works.
25.Audiovisual makers and consumers support efforts such as the 2005 Documentary Filmmakers Statement of Best Practices in Fair Use to provide guidance for the appropriate practices in using copyrighted material in documentary films.
