COUNCIL RESOLUTION of 14 May 1992 on increased protection for copyright and neighbouring rights (92/C 138/01)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Whereas advances in technology have encouraged the exploitation of literary and artistic works throughout the world; whereas the protection of copyright and neighbouring rights should therefore be consolidated at national, Community and international level;

Whereas, because of the level of protection they guarantee for literary and artistic works, rights of performers, producers of phonograms and broadcasting organizations, the Berne Convention for the Protection of Literary and Artistic works enshrined in the Paris Act of 24 July 1971 (Paris Act of the Berne Convention), and the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention) of 26 October 1961 enjoy a wide and increasing international acceptance; whereas it is necessary that all the Member States of the Community become parties to these Conventions;

Whereas, given the problem of piracy, it is in the interests of rightholders in the Community protected by these instruments that they should be ensured the minimum level of protection afforded by the latter in the maximum possible number of third countries, without prejudice to more detailed provisions in bilateral or multilateral agreements; whereas it is desirable that third countries become parties to these instruments,

HEREBY ADOPTS THIS RESOLUTION:

1. The Council notes that the Member States of the Community, in so far as they have not already done so, undertake, subject to their constitutional provisions, to become by 1 January 1995 parties to the Paris Act of the Berne Convention and the Rome Convention, and to introduce national legislation to ensure effective compliance therewith.

2. The Council considers that it is in the interests of Community copyright-holders and holders of neighbouring rights in the Community that third countries should ratify the Paris Act of the Berne Convention and the Rome Convention or accede thereto. It accordingly invites the Commission, when negotiating agreements between the Community and third countries, to pay particular attention, within the terms of the mandates given to them for the purpose, to the ratification of these instruments by the third countries concerned, or to the accession of the latter thereto, and to the effective compliance of such countries with these instruments.