92000E2332

WRITTEN QUESTION E-2332/00

by Roberta Angelilli (UEN) to the Commission

(11 July 2000)

Subject: Failure of social centres to comply with the law on the protection of copyright and performing rights

In Rome, as in many other Italian and European cities, social centres have been set up, often on squatted premises, where organisations with extreme-Left connections organise, all year round, dozens of music events, parties, concerts and showings of films (including foreign films), and operate bars and restaurants. The local authorities and the police are aware of all these events, which are regularly advertised via posters and in the press, and of the non-payment particularly to the SIAE, the Italian Society of Authors and Publishers of the copyright or performing right fees prescribed by law. Furthermore, the showing of foreign films clearly infringes international law.

Can the Commission answer the following:

1. Do these recurring events not infringe the rules of the market and constitute unfair competition in relation to the operators of authorised premises, who are obliged to pass on to the public the cost of paying royalties in respect of copyright and performing rights and the other charges prescribed by law?

2. Does the situation described not constitute an infringement of intellectual property rights?

Answer given by Mr Bolkestein on behalf of the Commission

(25 September 2000)

In accordance with their international obligations under Articles 11, 14 and 14bis of the Berne Convention and Article 9 of the trade-related aspects of intellectual property rights (TRIPs) Agreement, Member States grant to authors of musical works and authors or other owners of the copyright in a cinematographic work the exclusive right of authorising the public performance of their works. In accordance with Article 12 of the Rome Convention, performers and producers of phonograms are to be paid an equitable remuneration for the public communication of their phonograms. As regards Community law, Article 8(2) of the Council Directive 92/100/EEC(1) of 19 November 1992, on rental right and lending right and on certain rights related to copyright in the field of intellectual property provides for a similar remuneration right.

Thus, activities as described by the Honourable Member may of course infringe intellectual property rights, if they have not been duly authorised by the rightholder of the exclusive rights concerned or if no remuneration has been paid. However, it will be up to the rightholders concerned to take advantage of the remedies as provided by the Italian legislation and to take legal action against those responsible before the Italian courts.

(1) OJ L 346, 27.11.1992.