The last 10 years have seen the adoption of seven EU Directives
relating to copyright, and the Commission is concerned to establish
whether inconsistencies between the different Directives hamper the
operation of EU copyright law or damage the balance between rights
holders' interests, those of users and consumers and those of the
European economy as a whole.
It has therefore produced a working paper on the issue. This
concludes that there is no need for root and branch revision of the
existing Directives but that fine-tuning is necessary to ensure
that definitions – for example of "reproduction right" - are
consistent.
Similar updating seems necessary with respect to the exceptions
and limitations set out in the different Directives, says the
Commission.
The working paper also assesses whether further legislative or
other action is needed to ensure the Internal Market functions
properly.
It concludes that the immediate need for action may be limited
to achieving a level playing field on the criteria used to
determine who should be protected in the field of related rights.
In other words, deciding whether it is on the basis of nationality,
place of business, first fixation or the first publication that a
phonogram producer or a broadcasting organisation from outside EU
would be entitled to protection in the EU.
In addition, the working paper considers suggestions that
copyright protection for recorded music be extended from 50 years
to 95, to bring the EU in line with the US.
However, the working document suggests that there is no apparent
justification for such a change, given, for example, that there are
no longer trade distortions arising from different terms of
protection within the EU's Internal Market. It also notes that in
nearly all other industrialised countries, the relevant period is
also 50 years.
The consultation forms part of the Commission's ongoing Better
Regulation Action Plan, which seeks to gradually modernise and
simplify existing legislation, cutting out "dead wood" and making
legal texts more coherent and understandable.
Based on a working paper issued by the Commission, the
consultation is open until 31st October.
