Draft European Convention for the Protection of the Audiovisual Heritage and draft Protocol on the Protection of Television Productions to the draft European Convention for the Protection of the Audiovisual Heritage

Doc. 9119

12 June 2001

Opinion¹

Committee on Legal Affairs and Human Rights

Rapporteur: Mrs Tayyibe Gülek, Turkey, Socialist Group

I. Conclusions of the committee

1. The committee supports both the draft Convention and the draft Protocol.

II. Explanatory memorandum

2. The Parliamentary Assembly is called upon to give an opinion on the European Convention for the Protection of the Audiovisual Heritage and draft Protocol on the Protection of Television Productions to the draft European Convention for the Protection of the Audiovisual Heritage. The Committee on Culture, Science and Education has prepared its opinion (see Doc 9110). The Committee on Legal Affairs and Human rights is only called upon to give an opinion on the latter.

3. The Convention aims at the protection of the audiovisual heritage, that is to say mainly the cinematographic work. The protocol being devoted to the protection of television productions.

4. Cinematographic works are recent as the industry of cinematograph only exists since the last century. However, it is threatened even more than the written materials as the support used on the one hand and the absence of care for it until a recent date on the other, led to the destruction or at least the deterioration of many works. If the possessors of the film heritage –the right owners, but also the institutions that conserve the films themselves - fail to take up the challenge, the entire memory of European cinema is in danger of vanishing.

5. Cinematograph is, however, fortunately considered now as part of the heritage and its works are starting to be protected: new supports as well as new techniques of conservation are now used. However, from a legal point of view, there is no protection so far - at least at European level.

6. The draft Convention which is presently submitted to the Assembly aims precisely at that legal protection. It furthermore offers a European framework for the protection of the European audiovisual heritage.

7. That protection will be secured by the general obligation of legal deposit provided for in Chapter II of the Convention. So far there was no such obligation. This obligation will not be retroactive and for the cinematographic works produced before the entry into force of the convention the Members Parties are free to deposit them or not. This solution of the voluntary deposit seems to be the only possible way to take care of films which have vanished in their country of origin and prints of which can be found as far as in Latin America.

8. One important legal aspect of the Convention is the one concerning the copyright and neighbouring rights provided for by Article 4 of the Convention which reads as follows: "The obligations of this Convention shall in no way affect the provisions in international treaties on the protection of copyright and neighbouring rights. No provision of this Convention may be interpreted as prejudicing such protection".

9. The explanatory memorandum is rather extensive about that article and it seems that Article 4 covers properly copyright and neighbouring rights.

10. The Convention will be open for signature to the European Community, as provided for by Article 19, which is a good step towards protection at European level.

11. Finally, one has to be aware that the European Commission envisages the preparation of a Directive on the same subject. Accordingly it would be wise to adopt this Convention and its protocol as soon as possible both for the sake of the protection of the audiovisual heritage and in order that the European Community may take it into consideration when drafting its Directive.

12. The Committee on Culture, Science and Education makes some remarks on several issues which it considers could have been more explicitly drafted. However, that committee welcomes both the draft Convention and the draft Protocol and the Rapporteur is of the opinion that the Committee on Legal Affairs and Human Rights should also support them.

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Reporting committee: Committee on Culture, Science and Education (Doc. 9110)

Committee for opinion: Committee on Legal Affairs and Human Rights

Reference to committee: : Doc 8976 and Reference No 2588 of 14 March 2001

Opinion approved by the committee on 5 June 2001

Secretaries to the committee: Mr Plate, Ms Coin, Ms Kleinsorge and Mr Cupina

¹ See Doc 8976 and Doc 9110 tabled by the Committee on Culture, Science and Education.