14. 10. 91 Official Journal of the European Communities No C 269/53 
Opinion on the proposal for a Council Decision concerning the accession of the Member 
States to the Berne Convention for the Protection of Literary and Artictic Works, as revised 
by the Paris Act of 24 July 1971, and the International Convention for the Protection of 
Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention) 
of 26 October 1961 (r) 
(91/C 269/16) 
On 29 January 1991 the Council decided to consult the Economic and Social Committee, 
under Article 100a of the Treaty establishing the European Economic Community, on the 
abovementioned proposal. 
The Section for Industry, Commerce, Crafts and Services, which was responsible for preparing 
the Committee's work on the subject, adopted its Opinion on 5 June 1991, in the light of 
the Report by Mr R. Moreland. 
At its 288th plenary session (meeting of 3 July 1991) the Economic and Social Committee 
adopted the following Opinion unanimously. 
1. Introduction 2. General comments 
1.1. The Berne Convention on the Protection of Lit­
erary and Artistic "Works is the international convention 
obliging its members to protect literary and artictic 
works by copyright. All Member States are members 
of Berne, except that Belgium and the Republic of 
Ireland are adherents to a less up-to-date version. One 
of the differences between versions is that the less up-
to-date version is less rigorous in its treatment of 'moral 
rights', that is the rights of an author to be identified 
as the author of a work and not to have his work 
subject to 'derogatory treatment', for example by dras­
tic alteration of a play without the author's consent 
before it is performed. The older version only protects 
moral rights while the author is still alive, whereas the 
newer version protects moral rights for the extent of 
the copyright in the work in question. 
1.2. The Rome Convention is the international con­
vention obliging its members to protect the neighbour­
ing rights which are the subject of Chapter II of the 
Draft Directive on rental and other rights. At present 
Belgium, Greece, Holland, Portugal and Spain are not 
members, but they will be eligible to join on implemen­
tation of that directive. 
1.3. Another practical effect of adoption of the Draft 
Decision would be that Member States would not be 
able to renounce unilaterally membership of either Con­
vention without Community consent. In this way the 
Berne and Rome Conventions will provide a minimum 
basis for Community action in this field. 
(J) OJ No C 24, 31. 1. 1991, p. 5. 2.1. This Draft Decision and the Directive 
implementing the substantive provisions of the Conven­
tions, that is the Directive on rental and other rights, 
stand or fall together. 
2.2. Questions arise on the legal base of this Draft 
Decision, particularly as regards Article 57(2). This will 
be discussed more fully in our Opinion on the Draft 
Directive on rental and other rights. 
2.3. The Decision would require two Member States 
to join the most recent version of the Berne Convention 
and five Member States to join Rome, in all cases as 
individual Member States. Yet, Article 113, which is 
primarily concerned with establishing a Community 
position, authorizes the Commission to open the necess­
ary negotiations. 
2.4. The Committee draws the Commission's atten­
tion to the fact that by using the reservations laid down 
in Article 16(1) (a) (i) and (ii) of the Rome Convention, 
a country can unilaterally rescind the right of per­
formers and producers, in certain circumstances, to 
receive remuneration when their work is broadcast or 
otherwise communicated to the public. The Committee 
strongly urges the Commission to add to its Proposal 
a provision that ratification of the Convention by the 
Member States rules out notification of such reser­
vations. 
2.4.1. The Committee feels that it is important that 
the Commission should state explicitly in the Draft 
Decision that a reservation within the meaning of Art­
icle 16(1) (a) (iv) shall not apply within the European 
Community in the light of the Community's prohibition 
on discrimination on the basis of nationality. 
No C 269/54 Official Journal of the European Communities 14.10.91 
2.5. The Committee urges the Commission and 
Council to promote ratification of the Rome Conven­
tion by as many third countries as possible, in particular 
all countries which have special relations with the Com­
munity under the Lome Convention or under associ­
ation agreements such as those being prepared with 
Hungary, Czechoslovakia and Poland. 
2.6. Although some clarification may be required on 
the legal base, the Committee supports this proposal 
for a Council Decision. 
Done at Brussels, 3 July 1991. 
1. Introduction 
1.1. This Draft Directive grants certain rights to 
authors, performing artists, record producers and film 
producers. Member States must grant rental and lend­
ing rights in respect of literary and musical works, live 
performances, films and sound recordings. This means 
that one certain owner of copyright or a neighbouring 
right in any of these works has the right to prevent 3. Further considerations 
Following agreement and implementation of this Pro­
posal, the Committee proposes that there should be a 
Community initiative to seek revision of the Berne 
and Rome Conventions (through the mechanism of the 
World Intellectual Property Organisation) with the aim 
of strengthening the protection of copyright and 'neigh­
bouring rights'. 
The Chairman 
of the Economic and Social Committee 
Francis STAEDELIN 
others from renting or lending copies of the work to 
others without his consent. 
1.2. The draft also obliges Member States to grant 
certain 'neighbouring rights'. These include the right to 
prevent the recording of live performances; to copy 
sound recordings; to prevent reproduction of and distri­
bution of films; to copy broadcasts. Opinion on the proposal for a Council Directive on rental right, lending right, and on certain 
rights related to copyright 
(91/C 269/17) 
On 5 February 1991 the Council decided to consult the Economic and Social Committee, 
under Article 100a of the Treaty establishing the European Economic Community, on the 
abovementioned proposal. 
The Section for Industry, Commerce, Crafts and Services, which was responsible for preparing 
the Committee's work on the subject, adopted its Opinion on 5 June 1991, in the light of 
the Report by Mr R. Moreland. 
At its 288th plenary session (meeting of 3 July 1991), the Economic and Social Committee 
adopted the following Opinion by a majority vote in favour, 4 against, with 2 abstentions.