Key Notes

Safeguard of european artists' rights

European legislation with regard to the safeguard of European artists' rights is mainly concerned with the issue of copyright and related rights. A harmonised legal framework on copyright and related rights, through increased legal certainty and providing for a high level of protection of intellectual property, is expected to foster substantial investment in creativity and innovation.
The management of copyright and neighbouring rights, together with the recognised rights themselves and the provisions on their enforcement, is regarded as the third and indispensable element in the sphere of copyright and neighbouring rights. This issue has been discussed at EU level since 1995.


I. What does the European Union do?

The "Directive on the resale right for the benefit of the author of an original work of art", which entered into force in October 2001, seeks to establish harmonised legal arrangements in respect of the resale right. The resale right forms an integral part of the copyright and is intended to ensure that authors of graphic and plastic works of art receive a percentage of the sale price obtained from any resale of the work. An exception exists for transactions effected by individuals acting in their private capacity.
The "Directive on the harmonisation of certain aspects of copyright and related rights in the Information Society", entering into force in June 2001, aims at adapting existing Community legislation on copyright and related rights to new technologies. The directive provides for a high level of protection of intellectual property, yet insists that the harmonisation of rules in the information society must not jeopardise the fundamental principles of an open and modern society. The directive provides authors with the exclusive right to authorise or prohibit any communication to the public of originals and copies of their works and defines the acts of reproduction covered by exclusive reproduction rights.
The own-initiative report on a "Community framework for collecting societies for authors’ rights", adopted in Parliament in January 2004, evaluates the necessity of actions, on Member States and Community level, with regard to the individual and collective management of intellectual property rights. The report states that collecting societies, dealing with these issues, do not exist in all accession countries. Furthermore, it points out that the digital rights management (DRM) may evolve towards a useful means for individual rights management. However, a large part of the collecting societies' sphere of activity cannot be replaced by DRM systems. The report underlines that the internal market therefore requires adaptations of the existing structures in order to allow right holders to make efficient use of their rights.


II. The EPP-ED Group's position

The EPP-ED group strongly supports the idea of providing legal protection in areas such as rights of reproduction, communication to the public, distribution and legal protection of anti-pirating systems. It stresses the importance of strengthening the support for rightholders yet, the group is committed to maintain the delicate balance between these rights and the interests of the public and industry.

The resale right used to be applied in the Member States in very different ways in terms of the works covered by the resale right, the transactions giving rise to payment and the applicable rates. The group therefore stresses the importance of eliminating the distortions of competition in the market in modern and contemporary art by generalising and harmonising the resale right. It emphasises the need to widen the scope of obligatory resale rights, for example by drafting an international convention, in the light of the growing internationalisation of the art market.
With regard to collecting societies, the group considers it important to find a balance between the rights and interests of the artists and right-holders, on the one hand, and the need to ensure the optimal dissemination of their work for the benefit of their potential audience, on the other. In this respect, collective management societies present a great advantage in facilitating users' access to the content and circulation of works, for the benefit of the entire chain. Although the group recognises that collective rights management per se does not violate competition law, it strongly supports the idea, however, that collecting societies should be subject to a set of rules guaranteeing more transparency with regard to their internal structures and the definition of costs and prices.


III. The EPP-ED Group's goals for the next legislative period

The protection of intellectual property rights is an important issue which needs a permanent supervision. New technologies create new opportunities for artists to be creative and to distribute their work, on the other hand, new technologies enhance the possibilities for infringers. Of major interest will be the issue of individual rights management and the harmonisation of the existing framework of collecting societies with due regard to competition and cultural diversity aspects.