Although the former digital canon by the Supreme Court was annulled five years ago in Spain , this draft shows that the digital canon is coming back and even stronger. It seems that we are talking about the hydra myth, "if you cut a head, two others will come out."
The Spanish government had to assume the cost of this fee after its cancellation in the General State Budgets , the calculations put less the investment of the item destined to compensate it than to the collected annually. This draft has been filtered by the Association of Internet users.
The digital canon will not leave anyone indifferent
This fee applies to all services that allow you to download audio or video - even temporarily . Therefore, those who just stream are left out - like HBO.
The services that would be mainly affected would be Netflix, Amazon Video, Spotify or Apple Music. Although the fee would not apply to the services themselves, but to the devices that allow to use those services . It would hurt the price of smartphones, tablets, computers ...
In hypertextual they have been in contact with Sergio Carrasco, lawyer specialized in Public Law and Technological Law and president of the Association of Law in Network and this is what he has commented to them:
Rather than "against Netflix," what seems to be attempting is to go back to the previous model , and use these temporary copies made on devices for later playback of off-line content to justify the amounts to be paid. Let us think that, with the current regulation of the figure of private copy, the reality is that the number of copies that could really be protected in the same is ridiculous.
In this same draft device manufacturers are considered as debtor objects and the authors or intellectual owners of the works as creditor subjects.
In this draft you can see the clear intention to recover the blow received after the failure of the previous digital canon . But the biggest problem is the imposition of a price for temporary copies, which may not exceed 48 hours as in the case of Netflix.
How the draft is summarized
The draft would materialize in a higher price of the technological devices , since a part of its price would go to the SGAE. If this draft goes ahead, it must pass the filter of the European Union and, possibly, again the one of the Supreme Court.