AAPA policy paper: Strengthening the fight against online piracy and the protection of intellectual property rights at the European Union level
In anticipation of several key Commission proposals such as the Digital Services Act and the EU IP Action Plan, the Audiovisual Anti-Piracy Alliance (AAPA) would like to share its position on how to strengthen the fight against online piracy and the protection of intellectual property rights at the European Union level. The AAPA welcomes policymakers’ efforts in developing a modern regulatory framework to address the spread of illegal content online and upgrade the IP system to ensure better enforcement and promote fair play globally.
Our members have been facing a concerning growth in volume of unauthorised use of protected audiovisual content, a phenomenon which dramatically accelerated during the pandemic outbreak . The functioning of the whole industry is impacted, leading to a considerable loss of revenue for the entire audiovisual value chain, including AAPA members, and prejudicing the sustainability of the creative ecosystem and, ultimately, cultural diversity.
AAPA members therefore ask for an urgent and strong response from the European Union (EU) to reinforce the fight against illegal content online:
- Clarify the liability regime of internet intermediaries without questioning EU fundamental principles and case law
- Provide for a comprehensive “Know Your Business Customer” obligation.
- Adopt harmonised “notice and action” procedures, including stay down measures, deterrent actions against repeat infringement and specific policies related to trusted flaggers.
- Include an obligation for passive platforms/intermediaries, in particular streaming platforms and providers of streaming servers (i.e. hosting providers), to provide a real-time takedown tool.
- Have a robust IP Action Plan linked to an industrial strategy as part of the next Audiovisual Action Plan.
You will find additional measures in our paper, as we aim to develop a holistic approach to online piracy and the enforcement of intellectual property rights, including recommendations for transparency tools, cross-border cooperation and a strengthening of the “follow the money approach”.
