New move to coordinate copying rights

Date: 05/06/1997

By Chris Johnstone

A CLAMP-DOWN on private copying of films and music looks likely when long-awaited proposals aimed at tidying up the EU's patchwork of copyright rules are made public.

The European Commission will also suggest harmonising existing national levies on blank tapes and video-recorders, in recognition of the fact that much of the current copying equipment will be around for the next 15 years, at least, as consumers delay the switch to digital technology.

The Commission's Directorate-General for the internal market (DGXV) is expected to table formal proposals at the end of July, but is attempting meanwhile to keep its plans firmly under wraps.

Industry sources say, however, that it is already clear that officials will propose a tough line on digital copying.

Commission officials face two distinct problems: the current chaotic situation in which individual EU member states have attempted to cushion the effect of copying with a series of different levies on blank tapes and copying equipment, and the demands for fast action by film and music companies anxious to protect their products in an era of perfect digital copies.

Eleven Union countries have so far imposed levies on blank tapes, with the resulting revenue channelled back to compensate music and film companies for lost income.

Sweden is now considering joining the club and Germany goes one step further, with duties on video-recorders as well as on tapes. But the UK, Ireland and Luxembourg, which do not impose any such charges, have so far resisted moves to bring them into line with their EU neighbours.

Producers of video-recorders and blank tapes favour harmonised levies, but live in fear of any threat to the principle of private copying, with consumer electronics giants such as Dutch company Philips warning that such activity is vital for its equipment sales.

The right to copy privately is currently enshrined in an international convention which guarantees fair use of original material and private copying.

Nine EU countries have signed up to the convention, but others have made home copying illegal, although they do recognise the concept of fair use of original material.

The main lobby for Europe's music industry, the International Federation of the Phonographic Industry (IFPI), says a total ban on private copying is out of the question since licensing is a valuable source of income for its members.

The federation also argues that new digital technology should prevent private copying without the prior agreement of film or record companies. This, it says, would be fairer than the existing across-the-board duties on tapes and video- recorders in many member states which hit all consumers without discrimination.

“This would allow rights to be licensed to those people who use them,” said an IFPI spokeswoman.