Local view for "http://purl.org/linkedpolitics/eu/plenary/2007-11-14-Speech-3-437"
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"en.20071114.39.3-437"2
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".
Thank you very much. I would like to emphasise that this is about an extraordinarily important area, since income from goods and services protected by copyright and related rights accounts for 5–7% of the European Union’s GDP. This highlights the importance of such rights being managed appropriately.
As you know, in 2005 the European Commission adopted a Recommendation on the cross-border management of legitimate online music services. At the time, Commissioner McCreevy described the Recommendation as ‘a “soft-law instrument” designed to give the market a chance to move in the right direction’.
The Recommendation has far-reaching consequences for the copyrights market and major players in the market are already acting on the basis of it. It clearly goes further than merely interpreting and supplementing existing rules and its impact has all the characteristics of a full regulatory initiative.
At the time, a lot of fear took hold in connection with this Recommendation, including the fact that it would result in uncontrollable competition and that market forces would be concentrated in the hands of a few big management societies, and monopolies would be created. This is precisely why I thought that I should make a recommendation in an own-initiative report for the online music market to be regulated in a different way.
All the same, the Recommendation – which the Commission adopted – deprived the European Parliament and the Member States of the opportunity to have any significant influence on the changes affecting competition and cultural diversity in Europe.
It is precisely for this reason that I have been able to win the support of the whole Parliament and all the political parties for my report, in the interests of bringing to fruition a decision-making triangle, so that Parliament cannot be left out of the legislation of such an important area, and I have recommended that the Commission draw up a framework directive.
In my opinion, this recommended directive must meet the following requirements: it must guarantee right-holders a high degree of protection and equal treatment. It must be based on solidarity between right-holders and on an appropriate, fair balance among management societies. It must provide for democratic, transparent and accountable governance in management societies, including organisational structuring, transparency, representation, rules relating to copyright and production, and accounting, through minimum standards.
Comprehensive transparency must be ensured in collective management societies. Creativity and cultural diversity must be promoted. Fair and controlled competition can be allowed, without territorial restrictions, but with the necessary and suitable qualitative criteria for the collective management of copyright and the preservation of the value of the rights.
A high degree of legal certainty must be provided for users, and the availability of the global repertoire must be preserved. We, or I, therefore ask you to think about whether a directive would be necessary for regulating this important area."@en1
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