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AIB. EBLIDA
La CE ha lanciato una consultazione per iniziare la revisione di tutta la normativa europea in materia di copyright.
La consultazione, aperta fino al 31 ottobre 2004,è finalizzata a semplificare, rifinire e migliorare la legislazione esistente a livello EU in merito ai diritti trattati nelle cinque direttive più importanti (delle sette emanate ad oggi), per certi versi disomogenee e non sempre coordinate tra loro, anche se (a detta della Commissione) generalmente efficaci e consistenti, ma considerate di "prima generazione".
La consultazione serve a recepire commenti utili alle proposte di proporre emendamenti futuri da inserire nella legislazione europea dei prossimi anni.
Molto scalpore è dovuto dalla richiesta di alcuni detentori di diritti nel campo musicale che vorrebbero l'allineamento delle normative UE a quelle USA con l'innalzamento della protezione dai 50 ai 95 anni.
Qui il Review of the "acquis communautaire": <http://europa.eu.int/comm/internal_market/copyright/review/review_en.htm>.
"I am hereby sending information on the recent EC launch of the review of the 'acquis communautaire' on Copyrigth & related Rights (see Press Release and Link below). This means they will be reviewing all the Legislation on Copyright (Copyright Directive, Database Directive, Public lending, etc...).
I am already working on the EBLIDA Response, in close contact with the EBLIDA CEG members, but I thought it is important that you know about it in case you wish to start national consultations and/or actions in order to submit opinions. The document was issued last week, on the 19 July, and the deadline for submitting responses to the EC is 31 October 2004.
I am also attaching the EC working document on which the Consultation process is based.
I will keep you informed of any progress on this regards.
In the meantime, please do not hesitate to let me know if you need further information or if I can be of any help or support."
Brussels, 19th July 2004
Copyright: Commission launches consultations on fine-tuning of
legislation
The European Commission has launched consultations on simplifying
and fine-tuning existing EU legislation on copyright and related rights.
The consultations, open until 31st October 2004, are based on a
Commission working paper which suggests that current EU copyright
legislation is generally effective and consistent, but would benefit
from some improvements. The Commission would take into account the
results of the consultations before proposing legislative amendments
within the next year or so. The review of the existing Directives is in
line with the Commission's Better Regulation Action Plan (see
IP/03/214). For the full text of the working document, see:
<http://europa.eu.int/comm/internal_market/copyright/review/review_en.htm>.
Internal Market Commissioner Frits Bolkestein said: "Seven copyright Directives have been adopted over ten years. We need to make sure the early Directives are consistent with the more recent ones. This type of nuts and bolts work makes a real difference to how EU law works on the ground and we owe it to rights holders and content users, including consumers, to make this important body of EU law as coherent and as simple as possible.".
The working paper assesses, in particular, whether any inconsistencies between the different Directives hamper the operation of EU copyright law or damage the balance between rights holders' interests, those of users and consumers and those of the European economy as a whole.
The working paper concludes that there is no need for root and branch revision of the existing Directives but that fine-tuning is necessary to ensure that definitions - for example of reproduction right - are consistent. Similar updating seems necessary with respect to the exceptions and limitations set out in the different Directives.
The working paper also assesses whether further legislative or other action is needed to ensure the Internal Market functions properly. It concludes that the immediate need for action may be limited to achieving a level playing field on the criteria used to determine the beneficiaries of protection in the field of related rights. In other words, deciding whether it is on the basis of nationality, place of business, first fixation or the first publication that a phonogram producer or a broadcasting organisation from outside EU would be entitled to protection in the EU.
Some rights holders have argued for extending copyright protection for recorded music from 50 years to 95, to bring the EU in line with the US. However, the working document suggests that there is no apparent justification for such a change, given for example that there are no longer trade distortions arising from different terms of protection within the EU's Internal Market. It also notes that in nearly all other industrialised countries, the relevant period is also 50 years.
The working paper is not an exhaustive presentation of future EU copyright policy. It takes account of discussions with Member States and stakeholders over the last two years, covering in particular the provisions of the Software Directive (91/250/EC), the Rental Right Directive (92/100/EEC), the Term of Protection Directive (93/98/EEC) and the Database Directive (96/9/EC).