Experts recommend journalists to be more combative in protecting copyright

The copying or compilation of journalistic products accessible through the Internet became a permanent and alarming phenomenon, reporters and managers of news agencies and electronic publications said during the public debates “Why do They Steel Products Published on the Internet in Moldova?”, organized by the business consultancy company Consult Grup, Info-Prim Neo reports. Info-Prim Neo director Valeriu Vasilica said that in very many cases the news items of the agency are taken without authorization or 'cunningly' by violating the moral, professional and legal norms. This causes considerable economic and image-related damage to the agency. “In fact, they steel shamelessly the agency's products made through intellectual effort and by using significant resources. They infringe the copyright,” Valeriu Vasilica said. According to Valeriu Vasilica, most of the times, the products of the agency are stolen with the aim of selling them. This happens also because the legislation is confused and does not protect copyright in the case of news stories. The legislators use inappropriate and non-professional notions, defining the news items as 'top news' or 'news items with a simply informative character'. Valeriu Vasilica said the thefts of products published on the Internet aroused the concern of large organizations working in the field. The prestigious Associated Press for example announced its intention to identify the users who copy or compile the information provided by it. It worked out a strategy for recovering the audience and the incomes that diminished drastically after the appearance of free news websites. Irina Bargan, jurist-expert in intellectual property at Consult Grup, said that Moldova joined the Berne Convention and its legislation defends copyright. “But the legislation does not protect the news with an informative character. It is considered that the people's access to information is ensured by publishing news, including by taking it for one's own use. For their part, the authors of the news items say this is not simply information, but a product made through intellectual effort. The legislation is interpreted erroneously as the law does not protect the idea, but the form of implementing it. Thus, the news item must be protected as a concrete form of communicating information, Irina Bargan said. According to her, the protection of the journalistic products is a global problem faced by journalists from many countries. In Russia for instance, there was formulated a bill on this topic that aroused controversial discussions. Igor Popa, lawyer and managing partner at Consult Grup, urged the journalists to observe certain legislative norms so that the online news and other types of journalistic products are protected as copyright. Each news item must be signed and accompanied by the hour, day, month and year when the news story was published. There should be also used the copyright sign - the encircled Latin letter C. Igor Popa recommended the journalists to take legal action, but not only when their rights are violated by appropriation. “In general, I can say that the law on the protection of copyright is functional. There were about 80 legal cases on the violation of copyright, when songs or films had been stolen or copied. The culprits were fined and even punished with imprisonment. I know a case when a person was sentenced to three years in jail. But there was not case concerning journalistic products. I think the journalists must be more combative and make common cause when the copyright is violated.” Sergiu Branza, coordinating jurist at the Copyright and Related Rights Department of the State Agency on Intellectual Property Protection (AGEPI), said the legislation on copyright is flexible and should be modified when the reality changes. He invited the journalists to submit proposals for amendments so that the news be protected. Vlad Bercu, of the electronic publication Busines-Expert, and Doina Costin, of the Independent Journalism Center, said the civil society should engage more actively in solving the problems, including by reanimating the journalistic ethics council and creating new institutions in the area. The debate organizers expressed readiness to provide legal and methodological assistance in promoting the most reasonable solutions to the journalists. Consult Group is a group of consultancy and advocacy companies working in Central Europe and Moldova. With an experience of over 6 years in the area of law, taxes, auditing and management, the Group’s turnover last year exceeded US$1 million. Among its clients are multinational companies from Central Europe, especially Romania, the United States and the CIS.