RE: Re: Note on the Proposed WIPO Treaty for

From: GROVES Peter <PeterGROVES[_at_]bdb-law.co.uk>
Date: Tue, 09 Dec 2003 13:56:31 -0500

I don't know what the government's view on this is (I look forward to hearing what Mike discovers about that) but the Regulations could not deal with performers' moral rights because the directive is silent about them - or, rather, it expressly leaves them to national laws. The Regs were made under the European Communities Act and that only delegates powers to legislate to meet a Community obligation. Perhaps the real question is, why didn't the European Commission write performers' moral rights into the directive?

The Commission did some work on moral rights years ago, and maybe they came to the conclusion that there was no reason for promulgating a directive which would have to be on the basis of an effect on trade between Member States.

Peter Groves
Bircham Dyson Bell, 50 Broadway, London SW1H 0BL Direct line 020 7170 0327

-----Original Message-----
From: mch[_at_]cix.compulink.co.uk [mailto:mch[_at_]cix.compulink.co.uk] Sent: 08 December 2003 09:35
To: CNI-COPYRIGHT -- Copyright & Intellectual Property Subject: [CNI-(C)] Re: Note on the Proposed WIPO Treaty for

In-Reply-To: <list-1790637[_at_]cni.org>
Elizabeth Adeney asked:  

> Would I be right in thinking that the UK will ratify the WPPT without
> having moral rights protection for performers in place? Or are there
> moves on foot to provide such protection?

Mmm. Good question. I'll ask the Copyright Directorate...

Mike H

> At 12:26 PM 4/11/2003 -0500, you wrote:
>
> >I beleive that position is that all European Community Member States,
> and >the European Community itself, are parties to the WIPO treaties,
> though >they have not yet ratified. Directive 2001/29/EC is the EC's
> legislative >response to the treaties and Member States have
> implemented it (eg in the >UK's Copyright and Related Rights
> Regulations 2003, which came into effect >on 31 October), are in the
> process of implementing it or - who knows? are >simply ignoring it and
> hoping it goes away (I don't know the current >status of implementation
> in all Member States).
> >
> >Peter Groves
> >Bircham Dyson Bell, 50 Broadway, London SW1H 0BL
> >Direct line 020 7170 0327

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Received on Tue Dec 09 2003 - 23:56:31 GMT