Bolder action needed on digital subscription portability: Society

Proposed EU legislation allowing cross-border access to online content such as digital film and TV services is "too timid", according to the Law Society of Scotland.

The Society has published comments in response to a consultation by the UK Intellectual Property Office on the European Commission's Proposal for Legislation on Cross-Border Portability. This would allow EU residents travelling within the EU to access digital content services which they have paid for in their home country.

In the view of the Society's Intellectual Property Committee, the proposed regulation does not go far enough, and should be extended to cover digital subscriptions purchased by EU residents anywhere in the EU, rather than just those purchased in the state of the subscriber's habitual residence.

Committee convener Jim McLean commented: “We’re delighted that the European Commission is looking at ways to improve online content services for consumers, and welcome the proposed regulation which will allow EU residents to access digital services such as Netflix, Sky and Amazon Prime, when travelling within the EU on holiday or business.

“However we believe the proposed legislation is too timid and should also cover online content services purchased or obtained by a subscriber within the EU, even if that is outside of their home country. This would align with the Commission’s strategy to allow for wider online access to works by users across the EU and would be more straightforward for both the consumers and the providers.”

The full response, which also covers the application of intellectual property rights, can be viewed by clicking here.