Governments still split over copyright rules

Date: 18/05/2000

By Peter Chapman

EU DIPLOMATS are intensifying their efforts to prepare the ground for a deal on digital copyright at a meeting of single market ministers next week.

Intensive negotiations on the planned copyright directive, which is designed to bring the Union's out-of-date rules in line with the Internet, were continuing this week. But sources admitted that the outcome hung in the balance after talks last week revealed that member states remained deeply divided over a number of issues. "This is like a jungle," said one insider, referring to the myriad points of contention over the complex online copyright code.

Member states are still at odds over the list of special exemptions from the general copyright rules which they should be allowed to grant. Some, such as France, Italy and Spain, favour a narrow list while others, such as the UK, are pushing for greater flexibility and the ability to retain exemptions which already exist in national law - such as a British rule which allows broadcasters to film buildings and public works of art such as statues. "The list of exemptions from the directive seems to be getting longer and longer," said one diplomat.

Governments are also split over the way groups such as the disabled and libraries would be able to exercise the various exemptions they expect to be granted. This is a problem because rights-holders are expected to be given legal protection for the various 'technical measures' used to thwart illegal copying of their works under the new law. This would mean that such works would effectively be 'locked', thereby rendering any exemptions useless in practice.

"The Spanish, Italians and French tend to favour the rights-holders on this. But we say there should be no legal protection in certain cases," said a British source, who added that member states should also ensure that exempted groups could seek immediate redress if their attempts to make authorised copies of works were blocked by rights-holders.

Governments also remain deadlocked over how to ensure rights-holders are fairly compensated for private home copies of their works. Under the European Commission's proposals, member states would be obliged to set up schemes to reimburse artists for home copying. This approach is supported by the majority of countries, but the Netherlands, Ireland, Luxembourg and the UK insist this should not pave the way for a compulsory levy on blank recording media such as minidiscs or recordable CDs. They argue that home copying for 'time-shifting purposes' has no economic impact and consumers should not be forced to pay extra for this.

If diplomats fail to resolve their differences at a key meeting tomorrow (19 May), they may call on ministers to try to overcome the outstanding obstacles to a deal when they meet next Thursday (25 May). But sources say governments may decide that the issues are too complex to be resolved at ministerial level, postponing a political decision until after France takes over the EU presidency in July. Once member states have reached agreement on the draft rules, they will have to be re-examined by MEPs, delaying a final decision still further.

EU diplomats are intensifying their efforts to prepare the ground for a deal on digital copyright at a meeting of single market ministers on 25.5.00.