92000E0415

WRITTEN QUESTION E-0415/00

by Torben Lund (PSE) to the Commission

(23 February 2000)

Subject: Copyright

On the basis of the Berne Convention and Council Directive 93/98/EEC(1) harmonising the term of protection of copyright and certain related rights will the Commission please state:

1. To what extent the lawful reproduction of an original work, regardless of the method used to reproduce it, influences the term of protection enjoyed by the work under EU rules?

2. Whether the lawful reproduction of a work, regardless of the method used, means that other reproductions may be made against the interests of the rightholder before the end of the term of protection enjoyed by the work under EU rules?

(1) OJ L 290, 24.11.1993, p. 9.

Answer given by Mr Bolkestein on behalf of the Commission

(10 April 2000)

Council Directive 93/98/EC harmonising the term of protection of copyright and certain related rights not only defines the Community terms for each category of works or subject matter protected, but also specifies the event which gives rise to the start of this term in each specific case. In fact, in order to fulfil the task of completing a true internal market within which there is free movement of goods and services protected by intellectual property rights, total harmonisation has been achieved, with all the factors which may affect the terms of protection being taken into consideration.

The lawful reproduction of a work is a normal act of exploitation which has no influence on the term of protection. It is difficult to imagine a situation in which the lawful reproduction of a work could lead to other reproductions being made against the interests of the rightholder, as such reproductions should also be subject to the rightholder's authorisation or fall into one of the categories of legally authorised use. In any case, a situation of this nature does not in any way affect the term of protection.