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COUNCIL OF EUROPE
COMMITTEE OF MINISTERS

________________

RECOMMENDATION No. R (86) 9

OF THE COMMITTEE OF MINISTERS TO MEMBER STATES
ON COPYRIGHT AND CULTURAL POLICY

(Adopted by the Committee of Ministers on 22 May 1986
at the 397th meeting of the Ministers' Deputies)

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,

Considering that the aim of the Council of Europe is to achieve a greater unity between its members, and that this aim is pursued notably by common action in cultural matters;

Taking account of the work of the Council for Cultural Co-operation (CDCC) and notably of its Symposium "Copyright and Cultural Policy" (Brussels, 26-27 June 1984) organised in co-operation with the Steering Committee on the Mass Media (CDMM);

Considering also ongoing work in other international organisations, particularly ILO, Unesco,
WIPO and the European Communities;

Considering Article 27 of the Universal Declaration of Human Rights:

"1. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits;

2. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author";

Considering that copyright and neighbouring rights represent an essential instrument in the cultural policies of governments, aimed at promoting creation and ensuring and facilitating broad public access to works;

Considering that the rapid development of new communication technologies (distribution and direct broadcasting satellites, cable distribution, video-recorders and videodisc players, telematics, etc.) and of their application is perturbing in certain countries the exercise of copyright and neighbouring rights and poses new problems for authors, composers, producers, performers and broadcasters;

Considering the particular problems arising in connection with the exercise of rights relating to the cable distribution of broadcasts and recalling in this regard its Recommendation No. R (86) 2 adopted on 14 February 1986 on principles relating to copyright law questions in the field of television by satellite and cable, especially principle 9 thereof;

Considering the need not only to protect traditional cultural activities threatened by technological developments, but also to ensure that these developments improve and widen the potential for creation and distribution;

Considering that piracy (that is unauthorised reproduction, distribution and importation of protected works, performances and sound and audiovisual recordings for commercial purposes) has assumed alarming proportions and is to be regarded as a serious offence prejudicial to culture and to the economy;

Considering that the widespread use of recording and reproduction equipment allows, inter alia, private copying on a scale not foreseen by most legislatures;

Considering that, faced with the upheaval caused by the introduction of new means of reproduction and distribution, it is necessary to ensure an adequate protection and fair remuneration for authors, composers and publishers, and also for other categories of right owners such as producers, performers and broadcasters,

Recommends that the governments of member states should:

I. re-examine carefully the possibility of becoming party, where they have not already done so, to the Convention for the protection of performers, producers of phonograms and broadcasting organisations (Rome, 26 October 1961), the Convention for the protection of producers of phonograms against unauthorised duplication of their phonograms (Geneva, 29 October 1971), the Convention relating to the distribution of programme-carrying signals transmitted by satellite (Brussels, 21 May 1974) and the European Agreement on the protection of television broadcasts (Strasbourg, 22 June 1960);

II. take, as necessary, appropriate measures to protect effectively authors, composers, producers, performers and broadcasters with regard to cable distribution and satellite transmissions;

III. take without delay appropriate measures, including the provision of effective sanctions, to permit rapid and dissuasive deterrent action against all acts of piracy in the media field;

IV. examine whether the copying of sound and audiovisual recordings for private purposes is not in their respective countries done in a way and to an extent that conflicts with the normal exploitation of works or otherwise unreasonably prejudices the legitimate interests of rights owners and, in case of such conflict or prejudice, take suitable measures to provide an appropriate payment of right owners such as, for example, the introduction of a levy either on blank material supports or on recording equipment or on both;

V. take measures, insofar as is feasible, to protect right owners effectively with regard to the
widespread practice of unauthorised reprography, particularly in the music publishing and printing field;

VI. set up or, where appropriate, promote the setting up of appropriate consultative machinery involving the different parties concerned by the issues dealt with in this recommendation;

Instructs the Secretary General of the Council of Europe to transmit this recommendation to the governments of those states party to the European Cultural Convention which are not members of the Council of Europe.