WRITTEN QUESTION E-1393/03

by Elly Plooij-van Gorsel (ELDR) to the Commission

(15 April 2003)

Subject: Protection of CDs against copying

The illegal distribution of music recordings via the Internet and the copying of CDs has become very much more common in recent years. Consumers often make illegal copies in protest at the high price of CDs. In addition, the greater prevalence of copied CDs can be explained by the dramatic rise in the number of households which own several CD players. Many cars, for example, are now equipped with CD, rather than cassette, players.

Consumers are complaining about the measures taken to protect CDs against copying. A number of record labels have brought on to the market CDs whose unusual design is causing serious playing problems. The aim is to make the playing of CDs via personal computers more difficult so that those computers cannot be used to make copies of the CDs. In practice, however, this also gives rise to many problems in playing these protected CDs on car CD players, DVD players which double as CD players and many types of portable CD players. It is precisely those honest consumers who pay for their CDs who are frequently being made to suffer, even though such CDs can generally be copied perfectly without problem on standard CD players and recorders.

1. Is the Commission aware of the problems in connection with the playing of protected CDs? If so, is it planning to carry out an investigation and does it regard this protection method as lawful?

2. Does the Commission take the view that consumers who are unable to play CDs which have been protected against copying on (often more expensive) DVD and CD players are suffering unfairly as a result of these measures? If so, how does the Commission plan to protect consumers against this practice?

3. Does the Commission take the view that the industry has a responsibility to ensure the interoperability of content and equipment?

Answer given by Mr Bolkestein on behalf of the Commission

(11 June 2003)

Directive 2001/29/EC of the Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society(1) provides the legal framework for the protection of effective technological measures. The term technological measure means any technology or device which is designed to prevent or restrict acts, which are not authorised by the rightholder of the copyright or related right. Such measures are typically those used by rightholders to protect their works or subject matter such as those which are enshrined in a CD, which are protected by copyright or related rights from unauthorised copying. The Community and its Member States are required to protect such measures in accordance with the provisions laid down in the World Intellectual Property Organisation (WIPO) Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT) which were adopted in 1996 under the auspices of the WIPO. The Directive is the means by which the Community and its Member States will implement its obligations under the Treaties, by introducing, inter alia, such protection for technological measures. The Directive was required to be implemented into Member States' law by 22 December 2002.

1. The Commission is indeed aware of the problems in connection with the playing of protected CDs. A separate issue is whether those who market CDs may, in principle, lawfully limit their playability to standard CD players and exclude playability on other platforms, such as PC operated systems. Playability on various platforms is of relevance not only to consumers but also to the consumer electronics and information technology (IT) industries as the question of legacy arises i.e. how to accommodate technological progress and new requirements while respecting consumer investments in earlier systems. The issue of playability on various platforms may arise irrespective of whether a technical measure in the sense of the above Directive is applied to the CD. This issue is therefore not limited to the scope of legal protection of technical measures provided by the Directive which is aimed at acts which are not authorised by the rightholder.

2. The Directive also provides that the legal protection of technical measures should not prevent the normal operation of electronic equipment and its technological development. In the view of the Commission, consumers are entitled to be clearly informed, at the time of purchase of a CD or other product, about all its features and notably all effects of technical protection measures that have been applied including those affecting playability.

3. The Commission encourages the compatibility and interoperability of the different systems. However, achieving interoperability and compatibility between content carriers and equipment requires cooperation amongst all stakeholders including rightholders, the consumer electronics industry, the IT industry and users. In dynamic markets, achieving interoperability and compatibility is a rolling process, as new technology is constantly entering the market. In the view of the Commission, interoperability and compatibility are desirable and should be achieved through processes that are voluntary, industry led and driven.

(1) OJ L 167, 22.6.2001.