Copyright in the EU: Copyright in the EU: UPDATEUPDATE

Pearle conference Geneva - agenda point 12Saturday 30 May 2009

COPYRIGHT in DIFFERENT POLICY AREASCOPYRIGHT in DIFFERENT POLICY AREAS

Obvious initiatives – copyright legislation. Example: term of extension of copyright and related rights

Related areas ◦ Information society. Example: telecom package / in MS:

piracy and enforcement◦ Consumer policy. Example : eYou Guidance (advice on

digital rights – multi-territorial licensing for digital content)

◦ Cultural policy. Example: cultural and creative industries platform

◦ Taxation: VAT on cultural services. Example: consultation on VAT of labour-intensive services

◦ Competition. Example: Cisac-case◦ Trade. Economy of rights (IP/ TRIPS)

Debate on copyrights at different fora, conferences, seminars, EP committees, meetings, …

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PROPOSAL FOR EXTENSION OF PROPOSAL FOR EXTENSION OF TERM OF PROTECTION : the TERM OF PROTECTION : the contextcontextBasis = Directive 2006/116/EC on the term of

protection of copyright and related rights.◦ Proposal from Commission (July 2008) extension

from 50 to 95 years term of protection of performers and recordings

◦ Proposal from Commission to harmonise calculation of co-written music works

A very limited proposal i.e. (session) musicians only / recorded music only/ co-written works music & words only

Purpose : - to give session musicians a pension- to help recording business which suffered

from decreasing sales due to illegal downloading

- to harmonise the calculation of term of copyright protection of co-written works

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PROPOSAL FOR EXTENSION OF PROPOSAL FOR EXTENSION OF TERM OF PROTECTION : updateTERM OF PROTECTION : updateEP voted in favour of extension (377,178, 31),

on the basis of a compromise proposal : 70 years instead of the Commission proposal 95 y

EP voted in favour of harmonised way of calculating the the term of protection of a musical composition with words, being  70 years after the death of the last of the following persons to survive, whether or not these persons are designated as co-authors: the author of the lyrics and the composer of the musical composition => it should concern contributions which were specifically created for the respective musical composition with words.

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PROPOSAL FOR EXTENSION OF PROPOSAL FOR EXTENSION OF TERM OF PROTECTION : activitiesTERM OF PROTECTION : activitiesMajor debate.

◦Unusual: academics taking position◦AV sector: actors want to be included◦Parliament: many different opinions,

even within the same political group◦CUP (copyright users platform) +

consumers => Several letters at different stages of the

legislative process◦Pearle => seperate letters & position

papers & study on pension situation of artists Pearle members (FI, HU, FR, …)=> letters to own government

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PROPOSAL FOR EXTENSION OF TERM OF PROPOSAL FOR EXTENSION OF TERM OF PROTECTION : next stepsPROTECTION : next steps

• 1st reading by Council◦Czech presidency is not interested in

finalising the process. ◦ Swedish presidency to lead

Further discussion in working groups Coreper discusses working group proposal Council position

Text is discussed at Working group meetings until a proposal is negotiated which can be adopted by the Competiveness Council

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PROPOSAL TERM OF PROPOSAL TERM OF PROTECTION: next stepsPROTECTION: next stepsOptions: - Council rejects proposal => back

to EC- Council makes a counter proposal

=> text goes back to EP

thus: progress to be further monitored

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OBSERVATIONS 1: generalOBSERVATIONS 1: generalContent-wise : focus on digital

environmentTension between protection /

enforcement and (free) accessPublic discours: focus on the

(poor) artistIntellectual property = big

business

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OBSERVATIONS II: EU OBSERVATIONS II: EU approachapproachEP : memorandum - to lay a ground for

future work in EP◦Calls for a European legislation which finds

a balance in providing freedom to disseminate culture and which equally protect rights

Commission: what strategy?◦ Criticism on fragmented approach >< on purpose?◦ Intentions for the next years? a European

homogeneous copyright licensing system / EU approach on collective rights mgt in internet

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QuestionsQuestionsPlace of the performing arts in

this debate?- Mainly “offline”- Growingly involved in “online” Issues at stake for performing

arts?What messages for next EP / EC?

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