WRITTEN QUESTION E-1729/00 by Ioannis Souladakis (PSE), Ulpu Iivari (PSE) and Michel Rocard (PSE) to the Commission. Safeguarding of European music copyright in the United States.
Date: 2000-05-31
Institutions: European Parliament, Provisional data
Subjects: United States, artistic profession, common commercial policy, copyright

C 53 E/182

Official Journal of the European Communities

EN

20.2.2001

is to analyse in depth the reasons for the worsening health and
What must be done, however,
environmental crisis in Belarus. It should be remembered that it is the Belarus people, and in particular
the most disadvantaged sections of the population, which are suffering the effects of a general deteriora-
tion of society and the economy, including medical and health care and social protection. The current
political regime in Belarus does not facilitate cooperation with international humanitarian organisations.
The Belarus authorities must be reminded of their basic responsibilities in this area, not only as regards the
political choices which are having a deleterious impact on the population in isolating Belarus from the
international community but also as regards appropriate management of the aftermath of the Chernobyl
disaster.

(2001/C 53 E/236)

WRITTEN QUESTION E-1729/00

by Ioannis Souladakis (PSE), Ulpu Iivari (PSE) and
Michel Rocard (PSE) to the Commission

(31 May 2000)

Subject: Safeguarding of European music copyright in the United States

According to existing legislation in the United States, restaurants, bars and similar enterprises in the
country are exempted from paying copyright fees on music played at their premises. Consequently,
European music played at these enterprises loses its share of copyright payments. Recently, the WTO
accused the USA of violating the international copyright standards on music. To date, no measures have
been taken in the United States to correct the situation. Therefore, European music production still loses a
large amount of income.

What measures will the Commission take to safeguard the rights of European music played in the
aforementioned enterprises in the United States?

Answer given by Mr Lamy on behalf of the Commission

(6 July 2000)

The Honourable Members refer to Section 110 (5) of the Copyright Act of the United States, which
permits, under certain conditions, the playing of music from radio and television stations in public places,
such as bars, shops, and restaurants without the payment of a royalty fee.

Following a complaint lodged by the Irish Music Rights Organisation (IMRO) under the trade barriers
regulation (Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community
the common commercial policy in order to ensure the exercise of the
procedures in the field of
Community(cid:146)s rights under international trade rules, in particular those established under the auspices of
the World Trade Organisation (WTO) (1)), the Community and its Member States initiated,
in January
1999, proceedings against the United States under the dispute settlement understanding of the WTO on
the basis of the incompatibility of Section 110 US Copyright Act with the provisions of the WTO
agreement on trade-related aspects of intellectual property rights (TRIPs).

On 15 June 2000, the WTO Panel issued its report on this matter. It confirms that Section 110(5) is, to a
large extent, incompatible with the WTO TRIPs agreement. The United States may still appeal this report.
The Commission will ensure that the United States implement this report fully and in time to the benefit
of Community operators.

(1) OJ L 349, 31.12.1994.