Local view for "http://purl.org/linkedpolitics/eu/plenary/2004-01-15-Speech-4-096"
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"en.20040115.4.4-096"2
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"Mr President, Commissioner, ladies and gentlemen, the European Union has already adopted a number of directives in the field of copyright. That was good, correct and important. In my opinion, the harmonisation process here has perhaps failed to press on further with necessary reforms, because digitalisation as well as enlargement are challenges that the policy must face up to. So far, so good.
Last but not least, I would like to say that it is important for all of us to bring about easier access for users, for commercial users and consumers, but always safeguarding the copyright principle. This is a fact-finding paper by the European Parliament, and I think that if, when it comes to the vote today, it is adopted with a similar passion and support as it was in Committee, then this Parliament will have a foundational document on which both it and the next Parliament can build. Sincere thanks once again to all who have helped. It only remains for me to tell you now that when the vote itself comes I shall be bringing an oral amendment which will be concerned only with the language versions. Otherwise, since no amendments have been tabled I can only assume that this afternoon will see this report overwhelmingly approved.
Copyright rests on at least three pillars, but also on the enforcement and protection of rights. These two areas must accompany copyright. They can neither make up for lost ground nor correct errors. We still have to wait for the enforcement directive. It is being discussed very actively in the Parliament at present, and has also been discussed in a trialogue.
Up until now the Commission has shown no clear intention to undertake such activities in rights protection. We were given a promise just under two years ago. We waited for that promise for a long time. Then Parliament decided to take action and not to wait for that promise to be kept. In the meantime, there is a communication, which apparently will be forwarded to us in the next few weeks. Thank you in advance. During the Christmas holidays, I read in the German press that the Commission is even planning a directive in this area. Good. It is taking a long time, but perhaps it will now be a good directive.
Now I would like first and foremost to thank my colleagues on the Committee on Legal Affairs and the Internal Market, who have supported my initiative from the outset; we have debated it in great detail for a very long time, and now I would like to express my thanks to all the shadow rapporteurs and the draftsmen of the two opinions. They have not only been helpful, but they have greatly enriched the whole project. As I said, it was a long process. We have talked to the most diverse of networks. We have been open to the needs, problems, questions and suggestions of all involved and discussed them in depth. All involved also means the single market, competition and information society sectors, because copyright is an essential instrument for creators and for right-holders – that was beyond question from the start.
I would like to summarise quite briefly here the most important things this report says. We on the Committee on Legal Affairs were of the opinion that there was a need for suitable measures, as I said at the start, not only because of enlargement but actually in order to create a single European market for products protected by copyright and also by related rights. We were also agreed that in so doing we had to remain true to the principles of copyright. I would like to mention here just three essential factors, proper and fair participation in the value chain, that every use should be properly rewarded in accordance with the law applicable and, last but not least, the territoriality principle of copyright. We call on the Directorate-General for Competition to continue to tackle the vertical concentration of the media and of production within the media and to do so with renewed vigour, just like it did at the start of this legislative period.
We also ask the Commission’s Directorate-General for Competition to concern itself with the distribution channels, especially in the media, and with the dominant position of individual branches of industry in this area and to investigate cases of abuse, but not to throw out the baby with the bathwater.
Moreover, digital
rights
management – we are all familiar with the abbreviation DRM – is a very good and important step in the right direction. We will all be making greater use of this DRM, but it will not be as successful as we want without interoperability. And we must be aware that DRM will not of course be the answer to every problem.
As far as the collecting societies themselves are concerned, we are calling for comparable and compatible statutes and practices. If they have not already done so, we want them to stipulate that their function is that of a trustee. We also propose that their activities be legitimised by democratic structures and above all also by an equitable and balanced relationship between the right-holders’ groups involved within a collecting society. We also find that where collecting societies have control mechanisms they are not always compatible across borders and some of them are not very efficient. There are examples at both extremes, both positive and negative. We therefore call for independent, efficient, transparent and expert control mechanisms incorporating all aspects, legal, social, cultural and economic aspects, greater transparency not only to promote competition, of course, but also to benefit all right-holders, all user groups and all consumers, and a duty, not only on collecting societies but also on users, to provide information.
We want uniform coding standards in order to better control the circulation of works, and interoperability must be assured here too. The collecting societies themselves have made many proposals for reforms, some of which are really superb. I shall be asking the Commission to include this advice, these reform proposals, in its discussion process now that it is preparing a directive, while always safeguarding the principle or principles of copyright."@en1
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