RESOLUTION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES of 24 July 1984 on measures to combat audio-visual pirating (84/C 204/01)

THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES,

Whereas the phenomenon of audio-visual pirating and of trade in illicitly reproduced works is on the increase;

Whereas this causes harm to authors and other creative artists, interpreting and performing artists, producers of sound and audio-visual works, in particular films, and radio and television organizations and, more generally, to all the theatrical and audio-visual professions as also to national treasuries;

Whereas such harm includes defrauding of their income those who have invested in the production of sound or audio-visual works, which jeopardizes the production of new works of quality, in particular works where high production costs make it necessary to reach a very large audience;

Whereas, furthermore, acts of audio-visual pirating entail for consumers the great danger of a fall in the quality of the products available to them;

Whereas the detrimental effects of such acts overstep national frontiers and whereas, therefore, the problem of pirating, has both a Community and an international dimension;

Whereas the need to find suitable solutions has been recognized repeatedly at international level, in particular by the international Copyright Committees of the Berne Convention and the Universal Convention and at the Colloquia of 25 to 27 March 1981 and 16 to 18 March 1983 ; whereas adoption of the Rome Convention of 26 October 1961 for the protection of performers, producers of phonograms and broadcasting organizations, the Geneva Convention of 29 October 1971 for the protection of producers of phonograms against unauthorized duplication of their phonograms and the Brussels Convention of 21 May 1974 relating to the distribution of programme-carrying signals transmitted by satellite testifies to this same concern;

Whereas, nevertheless, the phenomenon of pirating has become more and more widespread, and this may partly be attributed to the lack of procedures and penalties which can be effectively applied to pirates and traders in copied material,

HAVE ADOPTED THIS RESOLUTION:

The Member States 1. will endeavour to ratify, quickly, if they have notyet done so, those international Conventionswhich they consider likely, by the reciprocalprovisions which they contain, to facilitate theinitiation of procedures against acts of audio-visualpirating;

2. will, under the international conventions to whichthey have acceded or will accede, strengthenwhere necessary their national legislation, and inparticular criminal law legislation, so as to providethe competent services with all the meansnecessary to seek out and prove acts of counterfeitand provide the judicial authorities with the legalweapons that are essential for the dissuasive andeffective repression of such acts;

3. will consider at the level of the authoritiesconcerned any measures the situation demands toensure that close cooperation between them incombating audio-visual pirating is instituted anddeveloped;

4. will implement a systematic policy of cooperationbetween authorities and members of theprofessions concerned with a view to followingdevelopments in the phenomenon of pirating andconstantly adapting to that development thetechniques of prevention, detection and repressionof acts of fraud.;

5. will, in collaboration with the internationalintellectual property organizations, pursue a policyof making available to States and copyrightholders any information on laws and case lawconcerning audio-visual pirating;

6. agree to the examination, in the context of currentdiscussions on copyright and in the appropriateframework, of any proposal of a contractual,legislative or other nature which could help toprovide an adequate solution to the problems, andin particular any possibility of improving theeffectiveness of the procedures and penaltiesapplicable to pirates and traders in copied material.