NEWS
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Parliament Report on Enforcement
While we appreciate the general line of the "Gallo-report" and its balanced description of the different positions of players involved, authors are in particular concerned about an alternative resolution that does not appropriately recognise the authors' rights.
EVA signed together with 5 other organisations in the authors' and creators' field a common statement urging the MEPs to vote in favor of the "Gallo-report". The organisations gather over 680.000 authors.
Statement |
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Gallo report
The MEP Marielle Gallo prepared a balanced draft report on the enforcement of intellectual property right, in particular the copyright for digital uses, in the internal market. Within the 122 amendments proposed are numerous that would water down the necessary level of protection of author's rights by branding unautorised uses, instead of piracy simply as "file-sharing". The EWC and EVA point out the importance of educating the young users and warn that a culture flat rate would prevent the development of use oriented remuneration.
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Commission Hearing on the governance of collective management
With it's recently published work program the Commission announced to work on a frame directive on collective management. The intention is to create a EEA wide frame of regulations on governance and transparency applicable to collective rights managers. As was pointed out in the hearing, the EVA societies take this issues very serious and comply with a high standard of transparency. They have set up their code of conduct published on this site. They also follow the CISAC professional rules.
Prof Dr. Gerhard Pfennig, managing Director of VG Bild-Kunst, urged the Commssion to take care that such regulations apply to all bodies managing rights collectively in order to prevent unfair competition. Collecting societies would need a point of reference when obliged to cooperate with other managers that do not have to comply with the same level of regulations.
Christophe Depreter, Managing Director of SABAM, reminded the Commission that the visual arts societies have created back in 2002 already a one-stop-shop for world wide digitial rights.
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Google Settlement
GOOGLE SETTLEMENT
On 7 September the European Commission held a hearing on the pending Google book search settlement. The sector of authors of fine art was represented through OLA the international licensing body set up by EVA members.
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CIAGP Resolution on Resale Right
The unanimously adopted resolution addresses three important issues on resale right:
1) the right should be inheritable like all other copyrights and without any exception.
The European Parliament and Council Directive 84/2001 allowed member state's introducing the right for the first time to exclude works of deceased artists for a limited period in order to adapt market structures to the new right. In principle this optional exception should expire at the end of 2009. However, the countries concerned, UK, Ireland, Netherlands, Austria and Malta made use of the optional prolongation for further 2 years despite the fact that the introduction of the right went very smoothly.
2) Article 14ter of the Berne Convention should be made compulsory.
Until today the Berne Convention does not oblige all member states to introduce the right, it is only an option. In order to encourage countries without the right to its introdution the inlander treatment requires for reciprocity. However, it this rules turned out to be no sufficient incentive for introduction of the right. Countries with large and growing international art markets, such as U.S.A., Switzerland and several Asian countries still do not provide for the right, thus depriving many artists and heirs from this important source of income.
3) compulsory collective management
In countries where the right may only be managed by a collecting societies the collection runs very effective and the international revenues are well exchanged and reach authors cross borders.
The resolution is available in English, French and Spanish. |
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NEW CIAGP President
At the annual CIAGP congress which was held on 16th and 17th September 2009 in Madrid, the Spanish painter and sculptor, Andrés Nagel was elected by unanimous vote as President for a mandate of 2 years, once renewable for further 2 years. The artist lives and works in San Sebastian and made an international carreer with numerous exhibitions world-wide.
CIAGP members thanked the leaving President, the Mexican painter Julio Curasco Breton for his professional and devoted work of the past 4 years.
CIAGP is traditionally presided by an artist.
For more information |
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In the frame of the EC's initiative to facilitate the creation of an European digital library EVA expresses its views on the issue of works whose authors and/or rightsholders are untraceable.
EVA Position on so-called Orphan Works
EVA appreciates the EC initiative to facilitating the creation of the European
Digital Library - a project which envisages to enable access for the public to
Europe's rich culture including many works of fine art and photography.
Libraries, archives and museums made the observation that for some material
which they have in their possession rights are difficult or even impossible to
clear because the authors and other rightsholders are untraceable.
EVA recognises that in such cases the adminsitrative and financial burden for
the users can be large. However, it questions to what extent fine arts a
really concerned.
A high level of due diligence search regardless of the quality of the works or
status of the author is indispensible.
Cut-off ages are not an appropriate tool because they are an unjustified
reduction of protection terms.
Special attention should be given to works embedded in books and magazines and
rights should be cleared independently.
Collective management societies could play a further role and provide services
to facilitate the search or if mandated by legal provisions.
More
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A common letter with authors' and performers' organisations was signed today to address MEPs in connection with the draft report on "Cultural Industries in the context with the Lisbon Strategy" by MEP Guy Bono
Today EVA signed a letter together with other European and International
organisations representing authors and performers to emphasise the important
role of creators to build and maintain Europe's unique cultural richness. The
letter urges MEPs to vote on amendments to the draft report by MEP Guy Bono on
"Cultural Industries in the context of the Lisbon Strategy" (2007/2153(INI))
accordingly.
Read
the document
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"Authors of fine arts and photography in a globalising world of cultures" - EVA 10 years birthday was celebrated in Brussels
At the occasion of celebrating 10 years since founding of a registered EVA representation in Brussels a jubilee Conference was held on the 20 September 2007. The venue of the event was the historical building of the well-known Belgian sculptor Jules LAGAE in rue Michelange. 5 high profile speakers were invited and gave a complex overview of new directions in EC and EU policies concerning Cultural Diversity and its impact on the Lisbon agenda goals, possible directions concerning aspects of copyright in the Information society, collective management for visual artists and relevance of competition rules, the increasing importance of the EP and its call for more coherence between the policies of different EC services and the importance of protection and promotion of culture in the frame of the draft convention for the EU as well as in International free trade agreements.
Our guest speakers were Eric Baptiste, Director General of CISAC, Enrique Barón Créspo, MEP, delegate to the IGC 2007 and President of the IYMF, Ruth Hieronymi, MEP, member of the Culture Committee, Tilman Lüder, Head of the copyright Unit in DG Markt and Xavier Troussard, Head of the copyright Unit in DG Culture.
The Conference was chaired and moderated by Gerhard Pfennig, President of EVA and Carola Streul, Secretary General.
"Visual
Art Societies in the World Community of Collective Management Societies" by
Eric Baptiste, general director of CISAC
Panel impressions of "Authors of fine arts and photography in a globalising
world of cultures".
All photos by Firmin De Maître © Maitrise SOFAM
Enrique Barón Crespo, Eric Baptiste, Gerhard Pfennig, Tilman Lüder, Ruth
Hieronymi
Eric Baptiste, Carola Streul, Gerhard Pfennig
Carola Streul, Gerhard Pfennig, Tilman Lüder, Ruth Hieronymi
Xavier Troussard
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EVA celebrates its 10th birthday with a conference under the title "Authors of fine arts and photography in a globalizing world of cultures"
EVA was founded in 1997 with an office in Brussels. Since then a lot of work
and exchange have been done. Together with all founding members and the new
members and observers the EVA office organises a conference under the title:
"Authos of fine arts and photography in a globalizing world of cultures"
Find
invitation and programme here.
The
agenda was updated on 18 September
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Commissioner Figel opened the Copyright summit organized by CISAC.
Ján Figel, the European Commissoiner for education, training and youth, opened
the debate on 30th May during the Copyright summit in Brussels with an address
explaining what Europe can do for culture - and culture for Europe.
Find his speech here
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The Fondacion Arte et Derecho published a manifest on authors' rights and against abusive contracts.
The
Manifest Of Artistic Creation
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Logo gives a graphic interpretatiion to the voice of all Europeans.
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The MEDIA 2007 programme will provide €755 million boost to Europe's film industry over the next seven years. MEDIA 2007 defined three priorities: increased use if digital technologies; increased cooperation at all levels; easier access to financing especially for SME.
The new MEDIA
programme was launched during the BERLINALE in February.
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The amended Norwegian copyright law is effective since 1 st January 2007.
The most important aspects of the implementation are:
- 5% royalty on works up to 50.000 €
- compulsory collective managment
- simultaneous introduction of the resale right for deceased artists
- application threshold of 3000€
BONO is the entitled society to collect and distribute money from resale right.
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Today the amended Belgian law on resale right has been published in the official Belgain gazette Le Moniteur Belge/Belgisch Staatsblad
Find
here the text of the amended resale right published on 23rd of January 2007.
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French artists and their organisations express their concerns regarding the project of the amended resale right in France
Please read the press release: "Les
auteurs des arts visuels dénoncent le projet de décret relatif au droit de
suite"
Loi
droit d'auteur et droit de suite Art. 48
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EVA wishes all members, observers, friends, colleagues and visitors a happy new year and will celebrates it's 10th birthday in 2007.
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The Culture First! Coalition groups 15 organisations of different categories of right holders, including authors, performers, actors, journalists, music publishers and record and audiovisual producers.
The Culture First! Coalition's letter to European Commission president Barroso. |
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Obituary Ben Vandooren
Ben Vandoorne was one of the first photo reporters who at an early stage realised the importance of copyright protection for their profession. Moreover he was clear-sighted enough to emphasis the interests of Belgian photo reporters organised within SOFAM - a collecting society he had founded - also in international contexts: in order to support the developing team work in Europe he early sought co-operation with those collecting societies for arts and photography having been founded in the 80s. With his professional knowledge Ben Vandoorne invaluably contributed to the copyright development for visual artists within the EU member states, but also on the level of Community legislation. He was an intriguing character, friendly and helpful, but also assertive and self-confident in representing the interests of his organisation's members. He was a distinctive friend whom we will always remember.
Bonn, September 2006
Prof. Dr Gerhard Pfennig, EVA president
Mot d'adieu de Bob Coecke, Vice President de la SOFAM |
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The study published on 13 november conludes that the whole sector is very valuable to reaching the Lisbon goals and is therefore a tool to redress the relation between the industries and the culture sector. The document highlights the direct and the indirect contribution of the cultural and creative sectors towards the Lisbon Agenda.
Find
here the executive summary
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Intercultural Dialogue Conference in Brussels
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Since today the amended resale right is implemented in Germany
the
new legislation in German
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Culture First!/Culture d'abord! alliance was created by the artistic community and the content industry in october 2006 to defend the right to be compensated for private copying.
The Culture First coalition:
- rejects the selling off of European culture for purely economic gain;
- calls on the Commission to take balanced, unbiased approach to an issue that is of fundamental importance to European culture;
- regrets the circulation of economic data which is incorrect or based on indiscriminate estimates, and deplores even further the Commission's willingness to rely on these fantastic figures
- recalls that the creative content industry is essential to the digital economy, and that it is precisely in this sector, and not in that of consumer electronics -traditionally dominated by non-European companies - whereEurope has a competitive edge;
- underlines that it is the wealth and diversity of the content on offer that motivates consumers to buy digital devices;
- insists, therefore, that any initiative which seeks to increase the development of Europe's digital economy and the narrowing of the digital divide must not be carried out at the expense of European right holders; and
- demands that the role played by artists and creators in the functioning and development of the information society be recognised and duly taken into account by the European institutions. The quality and diversity of its artistic works are an enormous asset in Europe's global influence. They give it much-needed soul and enable it to compete in international markets. The information society cannot prosper unless the crative industries are dynamic and flourishing.
Read the full declaration
Culture under threat
Copie privée: menace sur la création
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EVA and CISAC conference on “The situation of Visual Arts collecting societies in Central and Eastern Europe” took place on 21 and 22 September 2006 in Budapest.
21 collective management societies met for
exchange of know-how and best practice models as well as to compare the
situation of the authors' rights and the visual
arts collecting societies in the different represented countries. In depth
country reports allowed to draw a clear overview
of the different national legislations concerning ‘droit de suite' and the
implementation of Directive 84/2001. The panel
contributions discussed rights and exceptions for museums and
educational institutions following the
implementation of directive 29/2001 in different European countries. After the
presentation of OnLineArt (http://onlineart.info/)
that offers the administration of Internet licenses in one-stop-shop
other new approaches for the administration of
remuneration rights such as reprography, cable and satellite, public
lending and renting were presented and
discussed.
Related speeches and contributions:
Briefing
on EU politics
EVA
working group on 'Resale right - droit de suite'
Slovak
Republik
- Repography
Spain
- Satellite and Cable
Denmark
- Resale right
France
- exceptions for museums implementing Directive 29/2001
Germany
- Museums: Licensing and enforcement of primary uses following the
implementation of EC Directive 29/2001
Hungary
- Resale Right
Administration
of Internet licenses - OnLineArt
Improving
international cooperation - public Lending Right and Renting
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