[pp.int.general] distribution of levies in germany: interesting paradox

Carlos Ayala aiarakoa at yahoo.es
Sat Apr 12 17:37:32 CEST 2008

----- Mensaje original ----
De: Reinier Bakels <r.bakels at planet.nl>
Enviado: sábado, 12 de abril, 2008 16:27:05
> Germans are precise. They have a separate statute for societies that collect copyright fees ("Gesetz über die
> Wahrnehmung von Urheberrechten und verwandten Schutzrechten", in short: "Urheberrechtswahnehmungsgesetz"). It
> says: (emphasis added) > Translated: Redistribution must follow fixed rules, and further works and achievements of cultural importance. Aha,
> culture is more important than money! But then collective rights organisations actually make cultural policy. Which
> imho is way to important to leave to such organisations. In particular because their main "customers" probably are
> Schlagersänger of great monetary, but limited cultural value. Or is this about Biergarten culture? Who knows. Such
> questions must be answered on a different level! I am still looking for a decision or article that explains that this is
> against the Constitution. Germans are very strict about their constitution (Dutch are not, for reasons I won't try to
> explain here).

The question is that using & redistributing levies for a different criteria than the one which consists in giving the money to the rightholders of the privately copied works -definition of private copying levies given by the own EC, and the one which is stated in national IP laws like Spanish IP Law-, make levies not being levies anymore, but something different -taxes managed by Member States, etc-.

If it's all about taxes, it belongs to fiscal policy and maybe would come to be slightly out of our scope; however, if we keep talking about levies, anything that means:

- forcing people who don't privately copy copyrighted works to become debtors and pay levies
- giving money to rightholders of non privately copied works; or between two works which would have been privately copied the same amount of times, giving more money to the rightholder of the bestselling one
- finding out who privately copies and which works have been privately copied in a way not observant with civil rights and liberties

anything that means any of those three cases -even all of them- becomes not acceptable. Even if RMOs have their own Statute; even if part of the collected levies is destined to social and/or cultural payments. Regards

                                                                                 Carlos Ayala
                                                                                  ( Aiarakoa )

                                                         Partido Pirata National Board's Chairman

P.S.: We need a meeting to close the draft reaching a definitive text, and to translate that definitive text to as many pirate languages as possible. Which date would be best for you?

¿Con Mascota por primera vez? Sé un mejor Amigo. Entra en Yahoo! Respuestas http://es.answers.yahoo.com/info/welcome
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