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

[Carlos Ayala]

----- 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?






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