Charter on consumer digital rights

1. Consumers have the right to a free choice and cultural diversity
The digital technologies offer new choices to consumers and strengthen competition. Copyrights should not hamper the creative interplay of society, but must ensure consumers’ access to a free market.

Consumers have the right to derive the advantages of a competitive market promoting creativity, freedom of expression, choice and cultural diversity.

2. Consumers have the right to digital privacy
Any act on the Internet may in principle be tracked and therefore there is a need for digital privacy. This privacy however is under pressure when consumers download content digitally. The provider or distributor may for instance – unknown to the consumer – send an extra programme to the consumer’s computer when downloading music with a view to limiting the use of the material. Also the hidden programme can be used for returning information on the consumer’s habits.

Consumers’ privacy must be ensured in the digital environment.

3. Consumers have the right to technical neutrality – fair administration of rights
Today we see a certain extent of control of the digital rights since the administration of rights is based on individual platforms or providers, and also file formats may be protected. This information is usually hidden to consumers, but it is very important to the consumers’ digital use since the administration of rights restricts consumers’ access and use and prevents free competition.

Consumers have the right to full and transparent information, and consumers have the right to ‘technical neutrality’ enabling content and programmes to ‘talk together’. The wording of contract licenses must be flexible and may not go beyond what is reasonable in order that consumers are ensured a free hand.

4. Consumers have the right to derive the advantages of technological progress without being criminalised – independent formats
Consumers’ behaviour is not only controlled by contract licenses on the administration of rights. Also requirements for product dependence force consumers into particular trading patterns resulting in particular limits of behaviour. If consumers defy the format restrictions, it constitutes a violation of copyrights and consumers are criminalised even if they have bought the digital content legally.

Consumers should be free to decide for themselves what player or platform they will use, and consumers should be allowed to move any content they have bought to the player of their choice, e.g. from the computer to a portable player.

In other words the format of the storage medium must not be used for protectionist barriers preventing consumers’ free choice and preventing consumers from using their rights.

5. Consumers should have the right to use music in a way that is consistent with consumption patterns
Consumers demand digital music and buy and download music on the Internet instead of in physical shops. So online sales have exploded. The music industry however has had difficulties meeting this new reality and selling music digitally, but today sales, distribution, production and marketing – the entire business foundation – have gradually been digitalised and the music industry should therefore match the consumers’ needs. In other words the music industry should develop new business options that are consistent with consumption patterns.

Consumers should have clear and ‘fair’ rights to use digital material in order that they are not criminalised for simply moving with the times.

6. Digital challenge
The digital world offers unsuspected possibilities. All parties involved must take on responsibility for contributing to – not counteracting – the most favourable conditions of growth for digitalisation.

The digital progress should be followed by legislation etc.

- See The Danish Consumer Council’s study on consumption and knowledge of digital music copying