[pp.int.general] Resale rights and 2001/84/EC directive: obscenely enlarging material interests of authors

[Reinier Bakels]

The "droit the suite" directive 2001/84/EC really has nothing to do with levies (in the meaning of "taxes" imposed on information carriers). During the copyright course in university 8 years ago I got the assigment to speak about the former, so I know something about it. And, as I told you, I wrote a response to the EU levies consultation earlier this year, together with some fellows from vrijschrift (scriptumlibre - for international purposes).
Of course, everything is important. But there are priorities. I don't think "droit the suite" is a political priority, but feel free to disagree. Few people are interested in professional art object trade (paintings, sculptures).
   
Groeten, Grüße, Regards, Cordialement, Hälsningar, Ciao, Saygilar, Üdvözlettel, Pozdrowienia, Kumusta, Adios, Oan't sjen, Ave, Doei, Yassou, Yoroshiku, Slán, Vinarliga, Kær Kveðja
>>> REINIER B. BAKELS PhD LL.M. MSc
private: Johan Willem Frisostraat 149, 2713 CC Zoetermeer, The Netherlands telephone: +31 79 316 3126, GSM ("Handy") +31 6 4988 6490,  fax +31 79 316 7221
  ----- Original Message ----- 
  From: Carlos Ayala Vargas 
  To: Pirate Parties International -- General Talk 
  Sent: Thursday, December 25, 2008 8:00 PM
  Subject: Re: [pp.int.general] Resale rights and 2001/84/EC directive: obscenely enlarging material interests of authors


  Reinier Bakels wrote: 
    The "droit de suite" directive you refer to has (indeed) nothing to do with levies. Copies of paintings on USB sticks are outside the scope of this directive.
  Let me call them levies -I cannot translate properly a Spanish proverb, basically it says that, no matter how a thing is disguised, it remains being the same thing-, as they are going to be collected -at least in Spain- by RMOs -though the management of this kind of levy by RMOs is voluntarily decided by the rightholders, while the private copies levy is in Spain forcibly managed by RMOs-. Actually, this Directive -and its Spanish implementation- follows a typical black comedy joke about levies being applied even to paper sheets -just in case they are used to contain copyrighted works xD-; in this case, the levies are applied to the physical medium for the paintings.

  If RMOs has not such amount of power in Netherlands, I'm truly glad to hear it.

    Whether the (professional) trade in art is something to be concerned about - you are entitled to have your opinion, but I see other MUCH MORE urgent issues.

  Having much more urgent issues doesn't mean to forget the much less urgent ones; let me use italic font-style as for PIRATA is an interesting issue -at least to be echoed in our official blog-, and let people in PPI decide whether it is interesting enough or not to do the same.

    Incidentally, the trade of art is subject to very specific regulations. A PhD candidate in our university is working on a thesis about this subject. And there is a specific role for UNESCO. While we usually find too much copyright, copyright is not always suited for  true protection of genuine cultural values.

    But I guess this is mostly beyond the scope of mainstream PP activism. 
  Wrong. From 2001/84/EC Directive, "the Berne Convention for the Protection of Literary and Artistic Works provides that the resale right is available only if legislation in the country to which the author belongs so permits" (preamble, 6th paragraph), "pursuant to Council Directive 93/98/EEC of 29 October 1993 harmonising the term of protection of copyright and certain related rights(6), the term of copyright runs for 70 years after the author's death. The same period should be laid down for the resale right" (preamble, 17th paragraph) and "the term of protection of the resale right shall correspond to that laid down in Article 1 of Directive 93/98/EEC" (article 8.1); while you don't have to believe me, you can ask that PhD candidate of your university about these facts -because they are facts, I mean, they are wording from the Directive-. This Directive is directly related to author's rights issues -it's one of them-.

  I'm pretty sure that all issues concerning Berne Convention and Directive 93/98/EEC, as long as they affect directly author's rights, are within PPI (not PP) activism; they may have less priority, yet they have at least some priority.


                                                                                                 Carlos Ayala
                                                                                                 ( Aiarakoa )

                                                                         Partido Pirata National Board's Chairman 


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