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Copyright/CLSH: Legal framework to be reviewed, overlapping powers

2024-02-22 13:31:00, Aktualitet CNA

A performance audit of the High State Control on the theme of copyright has highlighted that the legal framework is not refreshed, while the measures for offenders should be reviewed.

According to the auditors, state institutions and non-governmental organizations should increase cooperation for the protection, promotion and guarantee of copyright by strengthening legislation, harmonizing international best practices and taking legal measures if the work is copied. , is used without permission, or violates any other aspect.

"Copyright in our country continues to have legal ambiguities in the existing regulatory framework which have brought partially realized objectives.

The delayed alignment with the EU directives, the lack of a dedicated strategy, the lack of inter-institutional agreements and coordination, have caused an overlap of powers between the responsible institutions, related to the administration, monitoring/inspection, exceeding the administration costs of the Collective Administration Agencies of Rights, in relation to the level of distribution of rewards to copyright holders.

Non-compliance with license obligations of Collective Administration Agencies, lack of transparency and reliability between authors and agencies, lack of tracking and identification of users of works, do not guarantee correct administration and effective protection of copyright" says the audit message of KLSH.

Focusing on more specific issues, the audit report underlines that the current legislation on copyright creates conditions for the overlapping of powers, related to the monitoring/inspection and enforcement of copyright and related rights because the responsible institutions are not proposed the necessary legal changes on market surveillance procedures for ex-officio (on-site) inspections, inspections for online trading, procedures for blocking and destroying pirated and counterfeit goods, inter-institutional coordination by renewing cooperation agreements, where to define areas of responsibility and relevant powers.

The same underlines that it has been established that, as of 2017, there is no comprehensive up-to-date agreement between user associations and collective management agencies of copyright. "The negotiation process for its achievement has failed, and there is no request from the legitimate actors, at the National Copyright Council, for the review of the methodology and the measure of remuneration of fees for the rights holders. The current legal framework does not offer any mechanism for solving this impasse", the report assesses.

KLSH has recommended that the responsible ministry create a working group for the review of political documents as well as the assessment of the possibility of drafting a strategy dedicated to copyright, according to the law that sanctions this right.

Likewise, to propose the revision of by-laws related to the way of operation, organization and remuneration of the National Copyright Council, as well as the creation of a mechanism for its intervention in the process of revision of the methodology and amount of fees reward.

It is also recommended that measures be taken by the ministry in cooperation with the State Inspectorate of Market Supervision and the Audiovisual Media Authority, for legal changes to avoid the overlap of powers according to areas of responsibility, as well as to review/sign cooperation agreements, regarding the guarantee of copyright protection./Monitor