Source: EURLEX
Language: en
Format: md

14. 10. 91 Official Journal of the European Communities No C 269/53

Opinion on the proposal for a Council Decision concerning the accession of the Member
States to the Berne Convention for the Protection of Literary and Artictic Works, as revised
by the Paris Act of 24 July 1971, and the International Convention for the Protection of
Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention)

of 26 October 1961 ( [r] )

(91/C 269/16)

On 29 January 1991 the Council decided to consult the Economic and Social Committee,
under Article 100a of the Treaty establishing the European Economic Community, on the
abovementioned proposal.

The Section for Industry, Commerce, Crafts and Services, which was responsible for preparing
the Committee's work on the subject, adopted its Opinion on 5 June 1991, in the light of
the Report by Mr R. Moreland.

At its 288th plenary session (meeting of 3 July 1991) the Economic and Social Committee
adopted the following Opinion unanimously.

1. Introduction 2. General comments

1.1. The Berne Convention on the Protection of Literary and Artistic "Works is the international convention
obliging its members to protect literary and artictic
works by copyright. All Member States are members
of Berne, except that Belgium and the Republic of
Ireland are adherents to a less up-to-date version. One
of the differences between versions is that the less upto-date version is less rigorous in its treatment of 'moral
rights', that is the rights of an author to be identified
as the author of a work and not to have his work
subject to 'derogatory treatment', for example by drastic alteration of a play without the author's consent
before it is performed. The older version only protects
moral rights while the author is still alive, whereas the
newer version protects moral rights for the extent of
the copyright in the work in question.

1.2. The Rome Convention is the international convention obliging its members to protect the neighbouring rights which are the subject of Chapter II of the
Draft Directive on rental and other rights. At present
Belgium, Greece, Holland, Portugal and Spain are not
members, but they will be eligible to join on implementation of that directive.

1.3. Another practical effect of adoption of the Draft
Decision would be that Member States would not be
able to renounce unilaterally membership of either Convention without Community consent. In this way the
Berne and Rome Conventions will provide a minimum
basis for Community action in this field.

( [J] ) OJ No C 24, 31. 1. 1991, p. 5.

2.1. This Draft Decision and the Directive
implementing the substantive provisions of the Conventions, that is the Directive on rental and other rights,
stand or fall together.

2.2. Questions arise on the legal base of this Draft
Decision, particularly as regards Article 57(2). This will
be discussed more fully in our Opinion on the Draft
Directive on rental and other rights.

2.3. The Decision would require two Member States
to join the most recent version of the Berne Convention
and five Member States to join Rome, in all cases as
individual Member States. Yet, Article 113, which is
primarily concerned with establishing a Community
position, authorizes the Commission to open the necessary negotiations.

2.4. The Committee draws the Commission's attention to the fact that by using the reservations laid down
in Article 16(1) (a) (i) and (ii) of the Rome Convention,
a country can unilaterally rescind the right of performers and producers, in certain circumstances, to
receive remuneration when their work is broadcast or
otherwise communicated to the public. The Committee
strongly urges the Commission to add to its Proposal
a provision that ratification of the Convention by the
Member States rules out notification of such reservations.

2.4.1. The Committee feels that it is important that
the Commission should state explicitly in the Draft
Decision that a reservation within the meaning of Article 16(1) (a) (iv) shall not apply within the European
Community in the light of the Community's prohibition
on discrimination on the basis of nationality.

No C 269/54 Official Journal of the European Communities 14.10.91

2.5. The Committee urges the Commission and
Council to promote ratification of the Rome Convention by as many third countries as possible, in particular
all countries which have special relations with the Community under the Lome Convention or under association agreements such as those being prepared with
Hungary, Czechoslovakia and Poland.

2.6. Although some clarification may be required on
the legal base, the Committee supports this proposal
for a Council Decision.

Done at Brussels, 3 July 1991.

3. Further considerations

Following agreement and implementation of this Proposal, the Committee proposes that there should be a
Community initiative to seek revision of the Berne
and Rome Conventions (through the mechanism of the
World Intellectual Property Organisation) with the aim
of strengthening the protection of copyright and 'neighbouring rights'.

_The Chairman_

_of the Economic and Social Committee_

Francis STAEDELIN

Opinion on the proposal for a Council Directive on rental right, lending right, and on certain

rights related to copyright

(91/C 269/17)

On 5 February 1991 the Council decided to consult the Economic and Social Committee,
under Article 100a of the Treaty establishing the European Economic Community, on the
abovementioned proposal.

The Section for Industry, Commerce, Crafts and Services, which was responsible for preparing
the Committee's work on the subject, adopted its Opinion on 5 June 1991, in the light of
the Report by Mr R. Moreland.

At its 288th plenary session (meeting of 3 July 1991), the Economic and Social Committee
adopted the following Opinion by a majority vote in favour, 4 against, with 2 abstentions.

1. Introduction

1.1. This Draft Directive grants certain rights to
authors, performing artists, record producers and film
producers. Member States must grant rental and lending rights in respect of literary and musical works, live
performances, films and sound recordings. This means
that one certain owner of copyright or a neighbouring
right in any of these works has the right to prevent

others from renting or lending copies of the work to
others without his consent.

1.2. The draft also obliges Member States to grant
certain 'neighbouring rights'. These include the right to
prevent the recording of live performances; to copy
sound recordings; to prevent reproduction of and distribution of films; to copy broadcasts.