Digital private copying
When the EU harmonised certain aspect of copyright in the Information Society (29/2001) it was intended in teh first place to enter the two prior WIPO Treaties into Community law. Further ambitions to harmonise the field were mostly hampered by the opposition coming from Member States. This is clearly reflected in the long list of optional exceptions from the exclusive rights in Article 5.2 and 3.
Article 5.2.b gives Member States the option to introduce exceptions of the reproduction right for private copying. While the need for remuneration schemes and collective management are unquestionsed for analogue private copying exception this is not the case from the persective of different stakeholders in particular those with clear vested interest as the ITC industries.
To our understanding the EU Directive obliges member states to take the use of DRMs into account when regulating the field of the digital private copy but, besides, leaves it entirely to member states to opt for a exception from the exclusive right of reproduction.
Our members lauch any new technical tool facilitating administration of author's rights provided that it is efficient and does not damage the author's position. For works of visual arts it would regularly be the collecting society applying DRMs. New business models would be possible within this frame but are unlikely to create a direct link between the author and the private end user. Other rights holders such as publishers and producers are usually not included in the process of exploitation of works of fine art.
For world-wide licensing of primary rights the collecting societies for visual artists have build up an international network to license Internet uses called OnLineArt.
For secondary uses, in particular for the digital private copy an efficient monitoring and tracking for visual works is at present not possible and we believe that only legal licences with guaranteed participation of authors and compulsory collective management can guarantee that authors will benefit when their works are used. Remuneration schemes should be adapted to the level of application of DRMs.
In July 2006 EVA has made a submission to the EC public stakeholder consultation "Copyright levies in a converging world".