WRITTEN QUESTION E-1552/02

by Roberta Angelilli (UEN) to the Commission

(3 June 2002)

Subject: Protection of the Italian music industry

The last few years have seen an enormous increase in the industrial-scale pirating of music CDs all over Europe. In Italy, for example, the recording industry registered losses to the amount of 9,3 % in 2001, and the figure for the early months of 2002 appears to be as big as 15-20 %. A hit record which sold 700 000 to 800 000 copies five years ago would now sell no more than 400 000. The causes of this trend include the spread of sophisticated, high-quality reproduction technologies and the growth of the Internet, which allows users to seek out, download and easily duplicate huge numbers of music files, especially Mp3s. These practices are causing considerable losses to record companies and artists, and are undermining the recording industry's ability to invest resources and protect jobs. Existing copyright law in the Member States appears not to be strong enough to combat such practices.

The Commission:

1. Can it state whether any guidelines, studies or documents exist concerning copyright law, both in general and with specific reference to music?

2. Can it state whether studies or documents exist on Internet piracy?

3. Does the Commission intend to propose initiatives with a view to legislative harmonisation at European level in the area of copyright protection and anti-piracy measures?

4. Can the Commission state its general position on these matters?

Answer given by Mr Bolkestein on behalf of the Commission

(9 July 2002)

1. The Commission would like to recall the consultation process launched on this issue via the Green Paper Combating Counterfeiting and Piracy in the Single Market of 15 October 1998(1). Music piracy was one of the many subjects covered. The Commission then adopted a Communication in November 2000(2), announcing a series of practical measures intended to strengthen and improve the fight against counterfeiting and piracy in the European Single Market.

2. In the framework of this Action Plan, the Commission launched a study on a methodology for collecting, analysing and comparing data in the Single Market. This last item is of particular importance for the obtention of reliable figures that will enable the interested parties, the Member States and the Commission to define and apply appropriate measures for combating counterfeiting and piracy. The scope of this study is very wide and will cover aspects of Internet piracy. The results of this study are expected in July 2002.

3. The main initiative announced in this Action Plan is a proposal for a Directive aiming to harmonise Member States' laws on the means of enforcing Intellectual Property Rights. It is hoped this proposal will be adopted by the Commission during the course of this year. Over and above this Directive, the Commission would also like to recall the acquis communautaire in the field of copyright and related rights. In particular, Directive 2001/29/EC of 22 May 2001 of the Parliament and of the Council on the harmonisation of certain aspects of copyright and related rights in the information society(3) and Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property(4), already provide for some provisions which are important means to fight against piracy.

4. Music piracy is a matter of concern for the Commission. Counterfeiting and piracy have negative effects on the functioning of the Internal Market, jeopardising innovation, creativity, employment and competitivity. The Commission believes that these initiatives will help strengthening the fight against music piracy, including within the digital environment.

(1) COM(98) 569 final.

(2) COM(2000) 789 final.

(3) OJ L 167, 22.6.2001.

(4) OJ L 346, 27.11.1992.