Brussels, 28/02/2007 (Agence Europe) - On Tuesday 27 February, the legal affairs committee adopted the own initiative report by Hungarian Socialist MEP Katalin Lévai on the recommendation by the Commission in October 2005 on cross-border copyright in the field of online musical services (see EUROPE 9049). The report calls on the Commission to bring forward, as soon as possible after close consultation of stakeholders, a flexible draft framework directive to be adopted under co-decision by the European Parliament and the Council, with a view to regulating the collective management of copyright and neighbouring rights in cross-border online music services. The Lévai report will be put to the vote at the March plenary session of the EP.
The framework directive envisaged by the parliamentary committee should take account of the specific nature of the digital era and preserve Europe's cultural diversity. It should only allow fair and controlled competition, without territorial restrictions but with the necessary and appropriate qualitative criteria for the collective management of copyright. The bases of such competition should be effectiveness and quality of service of the collective rights management societies (CRM) and not the level of remuneration that these societies grant to artists. The directive should also avoid pressure to lower the level of royalties by ensuring that licences are granted to users on the basis of the tariff applicable in the country of consumption of the protected work.
Mindful of avoiding excessive centralisation of the market and repertories that come into play when exclusive rights are granted to one or to very few CRMs, MEPs felt the directive should provide for pan-European licences that should be available from any CRM. MEPs also believe that it is necessary to “guarantee right holders a high level of protection and equal treatment”; promote “responsible, transparent and democratic governance of collective management of copyright”; ensure, “complete transparency” especially in “tariff calculation” as practised by the CMC (Collective Rights Management Societies); “preserve the social and cultural role of CMC”.
In its recommendation, the Commission suggests that member states get rid of obstacles to the creation of pan-European licences in copyright management in the music sector. Currently, this management is mainly carried out on a national basis. Considered as being anti-competitive by the Commission, this situation compels commercial users of musical content, such as radio, to negotiate with collective rights management in each member state. (mb)