Source: EURLEX
Language: en
Format: md

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

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# 92000E1729

**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.** 
  
*Official Journal 053 E , 20/02/2001 P. 0182 - 0182*

  

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 procedures in the field of the common commercial policy in order to ensure the exercise of the Community'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.

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