The Minister of Education, Culture and Sport Jose Ignacio Wert. / EFE
The Minister Wert, and more specifically the Ministry of Culture that it depends on having a new table and may very thorny problem. A delicate financial situation and structural sectors such as film (the minister on Saturday to attend San Sebastian Film Festival), performing arts and museums will be added now doubts that the Supreme Court has just raised with regard to the processing Parliamentary Copyright Act. The reform a priority in government action of the Ministry of Education, Culture and Sports, and suffered the criticism of the State Council, the Judicial Council and all opposition.
The Lounge Administrative Litigation of the Supreme Court noted, in an order issued today, the possible incompatibility of one of the basic pillars of the bill regarding the European directives. What the Supreme Court has specifically examined very closely, following an appeal by management entities as copyright VEGAP, Egeda and DAMA, one of the many resources raised by several entities question- it is the system Compensation for private copying that the government created by the state budget, replacing the so-called digital canon defending these entities. In a ruling seen by this newspaper, the judges of the court expressed serious doubts that this new model and the previous suppression are consistent with the directive from Brussels. It is a full-blown blow to one of the most important legislative projects in the cultural field. Although the car does not stop the parliamentary procedure of the draft, collecting societies believe that if the Government continue to keep the same text would be a “flight forward” difficult to explain.
The Supreme have directed two questions to their colleagues of the Court of Justice of the European Union: one, if under Article 5.2.b) of Directive 2001/29 a system of fair compensation for private copying, based estimation actually caused the injury, is paid from the State budget, why not make it possible to ensure that the cost of such compensation is supported by users of private copies. The second question is whether Supreme Brussels, if the above has an affirmative answer, is under Article 5.2.b) of Directive 2001/29 the total amount allocated by the State Budget to offset equitable for private copying, although calculated based on the loss actually caused, must be set within budgetary limits set for each year
In short: the Supreme wants to know, first, if it suits European law that compensation for private copying the defray the general budget; and secondly, if you have legal basis that, logically, each year the amounts for such compensation to the extent fluctuate fluctuating budgets. The digital canon that the Rajoy government decided to change to the new model was a rate that applied to media and recording media and whose collection was intended for authors and publishers from private entities management rights as eventual compensation for private copying of his works.
Doubts High Court which was also reflected in December 2013 the State Council. In its opinion, the agency said the new system under the state budget had “doubtful elements in accordance with European law” and recommended a “thorough review” of the articles related to this aspect, which did not occur. There Remember that management institutions copyrights have seen, since the government abolished the digital canon in 2011 and implemented this new system by the Budget, the amounts for compensation for private copying have fallen from 115 to five million euros.
In fact, the Fine Arts in Madrid on Monday will host a protest of management entities copyright against the draft amendment to the Law of Intellectual Property (also called ‘law Lassalle’) currently being processed and should arrive shortly after the Senate approval in Congress Approval latter not exactly enjoyed a broad consensus. occurred with the total rejection of the opposition. The call attended by the presidents of the various management companies, as well as artists, writers, editors and producers to meet a standard they call “regressive and unnecessary”. The statement read Monday at the Circle reads one of his passages. “We are workers of an industry as a whole employs over 433,000 professionals A strategic cultural and economic development of Spain collective, social cohesion and its international projection. Neglecting all that, Lassalle Law impoverish us and will continue to destroy jobs in a sector lost 25,000 jobs in 2013 alone. “
No comments:
Post a Comment