WRITTEN QUESTION E-2332/00 by Roberta Angelilli (UEN) to the Commission. Failure of social centres to comply with the law on the protection of copyright and performing rights.
Date: 2000-07-11
Institutions: European Parliament, Provisional data
Subjects: Italy, copyright, infringement of EU law, restriction on competition, sociocultural facilities

3.4.2001

EN

Official Journal of the European Communities

C 103 E/121

Following complaints made to the Commission, the European Anti-Fraud Office (OLAF) wrote to the
Spanish authorities on 6 March 2000 to remind them, for general information purposes, of the Member
States(cid:146) reporting obligation under Commission Regulation (EC) No 1681/94 of 11 July 1994 concerning
irregularities and the recovery of sums wrongly paid in connection with the financing of the structural
policies and the organisation of an information system in this field. (1) So far, no such reports have been
received. The Office is also awaiting the results of an investigation into the management of ESF funding in
the Canaries which the Spanish authorities say they have begun.

The Commission would like to thank the Honourable Member (the author of Written Question E-2331/00)
for supplying certain information to OLAF, which has promised to examine it.

(1) OJ L 178, 12.7.1994.

(2001/C 103 E/135)

WRITTEN QUESTION E-2332/00

by Roberta Angelilli (UEN) to the Commission

(11 July 2000)

Subject: Failure of (cid:145)social centres(cid:146) to comply with the law on the protection of copyright and performing

rights

In Rome, as in many other Italian and European cities, (cid:145)social centres(cid:146) have been set up, often on squatted
premises, where organisations with extreme-Left connections organise, all year round, dozens of music
events, parties, concerts and showings of films (including foreign films), and operate bars and restaurants.
The local authorities and the police are aware of all these events, which are regularly advertised via posters
and in the press, and of the non-payment (cid:129) particularly to the SIAE, the Italian Society of Authors and
Publishers (cid:129) of the copyright or performing right fees prescribed by law. Furthermore, the showing of
foreign films clearly infringes international law.

Can the Commission answer the following:

1. Do these recurring events not infringe the rules of the market and constitute unfair competition in
relation to the operators of authorised premises, who are obliged to pass on to the public the cost of
paying royalties in respect of copyright and performing rights and the other charges prescribed by
law?

2. Does the situation described not constitute an infringement of intellectual property rights?

Answer given by Mr Bolkestein on behalf of the Commission

(25 September 2000)

In accordance with their international obligations under Articles 11, 14 and 14bis of the Berne Convention
and Article 9 of the trade-related aspects of intellectual property rights (TRIPs) Agreement, Member States
grant to authors of musical works and authors or other owners of the copyright in a cinematographic
work the exclusive right of authorising the public performance of their works. In accordance with Article
12 of the Rome Convention, performers and producers of phonograms are to be paid an equitable
remuneration for the public communication of their phonograms. As regards Community law, Article 8(2)
of the Council Directive 92/100/EEC (1) of 19 November 1992, on rental right and lending right and on
certain rights related to copyright in the field of intellectual property provides for a similar remuneration
right.

Thus, activities as described by the Honourable Member may of course infringe intellectual property rights,
if they have not been duly authorised by the rightholder of the exclusive rights concerned or if no
remuneration has been paid. However, it will be up to the rightholders concerned to take advantage of the
remedies as provided by the Italian legislation and to take legal action against those responsible before the
Italian courts.

(1) OJ L 346, 27.11.1992.