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DGA President Michael Apted
DGA President
Michael Apted

Dear Members, 

Just as were going to press we received the excellent news that the French Senate had overwhelmingly approved a remarkable step forward in the fight against digital piracy. The DGA firmly believes that the French “Creation and Internet” law may offer the best model for defeating the scourge of Internet piracy, and in recognition of that, your National Board voted unanimously on April 25 to pass a resolution stating our unequivocal support of the French effort. You’ll find the full text of that resolution on page three.

Digital piracy is among the greatest of threats to the health and future of our members and those who work in our industry. The practice of illegally uploading or downloading movies and television shows with the click of a button has grown increasingly pervasive as people gain more and easier access to faster Internet connections around the world. Yet it is not just technology that has caused the growth of digital piracy but a worrying and harmful public perception that content on the Internet is, or should be, free to all without any regard for compensating those who make or finance the content. It’s an attitude that seems to be saying that it’s perfectly fine to steal, and, if we don’t challenge this mindset, it could be the undoing of us all, as it was to the music industry.

It’s more than just about money. As a culture we express ourselves through film, television, music, art and literature – and yet these are the areas most vulnerable to the cynical ease and anonymity with which Internet pirates upload and download with abandon. They don’t seem to understand or care that what they are doing threatens the very future of the work they profess to embrace. How can we continue to work and create if our works aren’t protected?

We have been told that we can do something about piracy – we can sue. But part of the problem is that piracy is instantaneous while legal recourse is costly and time-consuming. The French model addresses this issue by setting up a new independent state agency that would administer an education and warning system that would ultimately result in a temporary discontinuation of Internet service for those people who repeatedly upload or download content illegally. The technology already exists and is used on corporate, university and municipal networks to reduce copyright infringing traffic and in other areas to limit spam, computer viruses and child pornography. The French solution is effective because it enforces the idea that piracy is serious, while avoiding unfair punitive or financial measures and endless lawsuits. We believe that the passage of this law will have an important impact on our efforts here at home, and that this model could eventually be adopted for use in the United States.

Just as the Internet has no geographic boundaries, so too the problems of digital piracy are international. For this reason, when the French recently asked for our support, we did not hesitate to throw our weight behind their efforts. We believe this kind of united international action is our best chance to help create a digital future that works for the benefit of both film artists and the consumer public. In fact, right now our colleagues in the UK, New Zealand, Sweden, and Spain are waging the same war to protect their works online.

For us, Washington D.C. will be the epicenter of our efforts, because questions of content on the Internet, how access is achieved and who pays for that access have been framed as consumer concerns that require legislative and regulatory action at the federal level. Our opposition is strong, vocal, and very well funded. We know we are in an uphill fight, but it is one that we consider crucial. Not getting involved would put the business models that define our industry at great risk, for us and for the generations of content creators to follow. With the French model now in place, we will continue to build bipartisan coalitions and work with our international colleagues to define, shape and lead this effort.

Best regards,
Michael Apted
DGA President

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