On Sunday 31 January 2010 18:43:43 jacques folon wrote: > Hi folks > > Even if there is some lack of transparency in many collective organizations, > I think that you adress two different questions at the same time: > > > 1. The levy on many digital devices in order to compensate the loss the > rightowners do have trough online piracy - it is legal at EU level and there > WAS a debate about it in which author's and consumer organizations were > involved. It seems that this petition comes a little bit late
Jacques, having a "debate" doesn't mean parties were listened to by the law makers. That's a pretty old issue in politics. You also know that a debate is never closed. Now, as you seem informed, I'd like to hear what was the outcome of the debate. In particular, the position of the consumer organisation. > > 2. Tansparency of the collective societies. If there is a lack in many of > them, Transparency is not the issue. The issue is that many believe that the retribution system doesn't promote innovation or new artists. It encourages the biggest over the smallest. That's the system. Now, I'm sure those who get the biggest part of the cake think this is right and those who will get the bigger part will think it's right. The problem is that music consumers can't choose to particpate or not in the system. Moreover, the text of the law seem interpreted quite largely on the homepage of the Auvibel site. As far as I'm concerned, in loi du 30 Juin 1994, Art. 22, §1, 5° is crystal clear : "... l'auteur ne peut interdire les reproductions ... effectuées dans le cercle de famille et réservées à celui-ci." The explanation provided by Auvibel is pretty weak : "Il résulte de cette exception à leur droit exclusif que les auteurs, les artistes-interprètes ou exécutants et les producteurs de phonogrammes et d'oeuvres audiovisuelles ont droit à une rémunération pour la copie privée de leurs œuvres et prestations." Who said there's a "right" (in the lawyer sense) ? I understand they want more money, but hey, a "right" ??? I'd be happy to have your point of view.... Kind regards, Stefan -- Timeo Danaos et dona ferentes _______________________________________________ Libre mailing list Libre@lists.ael.be http://lists.ael.be/cgi-bin/mailman/listinfo/libre
