Source: EURLEX
Language: en
Format: md

[**Avis juridique important**](../../../editorial/legal_notice.htm)

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# 92002E0182

**WRITTEN QUESTION E-0182/02 by Stavros Xarchakos (PPE-DE) to the Commission. Collective rights management and intellectual property.** 
  
*Official Journal 160 E , 04/07/2002 P. 0194 - 0195*

  

WRITTEN QUESTION E-0182/02

by Stavros Xarchakos (PPE-DE) to the Commission

(6 February 2002)

Subject: Collective rights management and intellectual property

Broadcasting by the media of the works of composers and authors without payment of royalties has, understandably, caused annoyance and raised a number of issues. The European Grouping of Societies of Authors and Composers (GESAC) has drawn up a code of conduct which it has submitted to the Commission.

Can the Commission provide me with a copy of this code? What is its view of the code? Does the Commission have details of the tariffs requested by the societies responsible for the collective management of composers' and authors' rights for radio and television broadcasting of their works in each Member State of the Union?

Answer given by Mr Bolkestein on behalf of the Commission

(18 March 2002)

The Honourable Member's question concerns collective management bodies and certain aspects of the collective management of copyright and related rights in Europe. The Commission would like to offer the following information in response.

The broadcasting of copyright works is subject to the exclusive right of authors to communicate their works to the public, as harmonised by Directive 2001/29/EC of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society(1), which must be transposed by 22 December 2002.

The right of communication to the public is generally administered by collecting societies, which have also set up a network of agreements in order to distribute collected rights on their respective territories on behalf of foreign rightholders.

The level of tariffs requested may differ according to the collecting societies based in the different Member States. In addition, neither the activities of collecting societies, nor collective management as such, are harmonised at Community level. Nor have any specific studies been conducted into the price levels of licences granted by collecting societies.

Finally, the Honourable Member's question mentions a code of conduct which the GESAC is supposed to have drawn up. The Commission knows of discussions which were held a number of years ago within the GESAC on such a code. However, according to the information at its disposal, these discussions did not lead to anything and the GESAC has not submitted a code of conduct to the European Commission.

(1) OJ L 167, 22.6.2001.

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