On Tuesday 02 February 2010 12:09:10 Stefan Champailler wrote:
OOOOOOOOOOOOOOOOOOOPS, Forget my analysis of the law, it was pretty short sighted, completely missed art. 55.... Mea culpa. stF > 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
