WRITTEN QUESTION E-1615/00 by Cristiana Muscardini (UEN) to the Commission. Harmonisation of the rights of literary translators.
Date: 2000-05-29
Institutions: European Parliament, Provisional data
Subjects: Italy, application of EU law, copyright, information profession

6.3.2001

EN

Official Journal of the European Communities

C 72 E/87

(2001/C 72 E/104)

WRITTEN QUESTION E-1615/00

by Cristiana Muscardini (UEN) to the Commission

Subject: Harmonisation of the rights of literary translators

(29 May 2000)

The Italian National Writers(cid:146) Union, which is a member of the European Writers(cid:146) Congress (EWC), has
complained about the plight of literary translators who are forced to sign contracts ceding all their rights
for twenty years to publishers in exchange for a flat-rate fee per page, equal to about half of the usual
going rate in Europe. In Italy translators derive no financial benefits from any of the uses made of their
translations, contrary to the Council of Europe recommendation of December 1993, which stipulates that
payment must take account of the subsequent commercial career of the translated work, something for
which provision is already made in Italy(cid:146)s 1941 copyright law. Publishers are still systematically exploiting
the loopholes in the law in order to turn (cid:145)translation contracts(cid:146) (i.e. the (cid:145)author(cid:146)s contract(cid:146) provided for in
Article 4 of the abovementioned law) into (cid:145)service contracts(cid:146), to the detriment of the weaker party. In
Europe this unjust practice has now been consigned to the past. The last country to come into line with
it is still prevalent, putting literary
current European practice was Spain in 1989. In Italy, however,
translators at an unfair advantage.

In the light of these considerations:

1. What are the Commission(cid:146)s views on this matter?

2. Does it not consider that the practice followed by Italy is inconsistent with the principles contained in

the directive on copyright in the information society?

3. What will it do to bring Italy into line with the rest of Europe, ending this anomaly and seeing that

justice is done for Italian literary translators?

Answer given by Mr Bolkestein on behalf of the Commission

(5 July 2000)

The Commission thanks the Honourable Member for the information given on the payment of literary
translators in Italy.

First of all, the Commission would like to point out that literary translators are considered to be authors,
under the terms of the Berne International Convention and Community directives, and may therefore
exercise the rights and obligations attached to this category of rightholders.

Secondly, Community legislation in the field of copyright and related rights does not yet harmonise the
contractual rules applicable in the Member States or the payment conditions which apply to rightholders.
The Member States are therefore free to prescribe whichever rules they choose.

The Community legislation can, however, give certain guidelines as to the arrangements to be followed.
Thus, Article 4 of 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 (1) lays down that an equitable
remuneration should be paid to authors for the rental or lending of their work. In harmonising such
remuneration, the Community legislation does not stipulate how it should be shared out, but it is clear
from this Directive that even in cases where the author is to receive a flat-rate payment, this payment
should take the commercial exploitation of the work into account and, if necessary, be increased if the
work meets with commercial success.

Finally, with regard to the proposal for a Directive on the harmonisation of certain aspects of copyright
and related rights in the information society (2), this does not aim to harmonise the contractual rules
contained in the Member States(cid:146) legislation.

C 72 E/88

Official Journal of the European Communities

EN

6.3.2001

The Commission would ask the Honourable Member to send it further information on this matter, so that
it can assess whether the situation which currently exists in Italy could be such that it might prevent the
internal market from operating properly and result in distortions of competition in the treatment of
authors at Community level.

(1) OJ L 346, 27.11.1992.
(2) OJ C 108, 7.4.1998.

(2001/C 72 E/105)

WRITTEN QUESTION E-1616/00

by Cristiana Muscardini (UEN) to the Commission

(29 May 2000)

Subject: The euro

Given that the single currency has for many months been continuing to fall in value against the dollar,
which, as a result of the increase in commodity prices, is increasingly becoming the world currency:

1. Will the Commission immediately launch an inquiry to ascertain whether the continuing fall in the
value of the euro is a result of speculation, economic interests or political measures designed to
weaken the European Union and prevent it taking part in world markets, as an alternative to other
powerful countries, bearing in mind also that in recent months no individual Member States have
suffered from economic crises and the employment situation has remained as it was before the launch
of the euro?

2. Will it also say why no economic plan has yet been introduced, since this is the only valid tool for
supporting and asserting the position of the euro and whether the absence of such a plan, which
clearly no EU governments want, is also evidence of a political design aimed at breaking up the
existing European structure and replacing it with a different political and economic framework?

Answer given by Mr Solbes Mira on behalf of the Commission

(28 June 2000)

The Commission does not think that recent exchange rate developments are the result of any political-
economic conspiracy against the euro and hence it does not intend to start an inquiry on this issue.
Exchange rate fluctuations between the main world currencies are an intrinsic feature of the international
financial system ever since the dismantling of the Bretton-Woods system.

While the present level of the exchange rate of the euro is widely regarded as lower than economic
fundamentals would justify, it should be pointed out that the euro was introduced in 1999 at a relatively
high level, due to inflows of capital into the euro area in anticipation of its introduction. Part of the
depreciation during 1999 can be seen as a correction of this relatively high initial value.

Relative cyclical developments and prospects in the euro area compared to other main world regions have
also to be taken into account in the course of 1999. In particular, while growth in the euro area was
slowing down, the American economy continued to surprise for its buoyancy, and the Japanese economy
emerged from a long recession. The outlook for the euro area economy has now considerably improved,
with robust GDP growth expected in 2000 and 2001.

The euro is being widely used by international financial markets. It was the favourite issuing currency in
international bond markets in 1999 and in the first quarter of 2000.