WRITTEN QUESTION E-1728/00 by Ioannis Souladakis (PSE), Ulpu Iivari (PSE) and Michel Rocard (PSE) to the Council. Safeguarding of European music copyright in the United States.
Date: 2000-06-05
Institutions: European Parliament, Provisional data
Subjects: United States, copyright, extra-EU trade, music, trade dispute

C 72 E/106

Official Journal of the European Communities

EN

6.3.2001

Answer given by Mr Verheugen on behalf of the Commission

(4 July 2000)

The Commission is aware of the questions regarding the Aegean Sea, which remain to be solved.

The Helsinki European Council, in its conclusions, has stated that it (cid:145)stresses the principle of peaceful
settlement of disputes in accordance with the United Nations Charter and urges candidate States to make
every effort to resolve any outstanding disputes and other related issues. Failing this they should within a
reasonable time bring the dispute to the International Court of Justice. The European Council will review
the situation relating to any outstanding disputes,
in particular concerning the repercussions on the
accession process and in order to promote their settlement through the International Court of Justice, at
the latest by the end of 2004(cid:146).

Any efforts to include this issue in the political dialogue which takes place in the context of closer
relations between Greece and Turkey, should therefore be encouraged.

(2001/C 72 E/131)

WRITTEN QUESTION E-1728/00

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

Subject: Safeguarding of European music copyright in the United States

(5 June 2000)

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 Council take to safeguard the rights of European music played in the aforemen-
tioned enterprises in the United States?

Reply

(28 September 2000)

i.e. Section 110(5) of the United States
In the matter referred to by the honourable Parliamentarians,
Copyright Act as amended by the (cid:145)Fairness in Music Licensing Act(cid:146) (enacted on 27 October 1998), the EC
and its Member States have consistently acted to bring about changes to this law which would ensure that
the interests of European singers and songwriters would be effectively protected in the United States.

In particular, in the framework of the WTO, the EC and its Member States have requested and obtained the
establishment of a panel under Article 6 of the Understanding on Rules and Procedures Governing the
Settlement of Disputes ((cid:145)DSU(cid:146)) and Article 64.1 of the Agreement on Trade-Related Aspects of Intellectual
Property Rights ((cid:145)TRIPS Agreement(cid:146)). The panel has made a report which was circulated on 15 June 2000.

In the report, the panel concludes that parts of the relevant US legislation do not meet the requirements of
the TRIPS Agreement and recommends that the WTO Dispute Settlement Body request the United States
to bring its Act into conformity with US obligations under the TRIPS Agreement.

A party to the dispute has sixty days from the date of circulation of the report to appeal to the WTO
Appellate Body. This period will elapse on 14 August 2000 and the Council will then be able to take stock
of the situation and assess, notably through the Article 133 Committee, how best to pursue European
interests in this matter, in accordance with WTO rules.