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Why we need European cultural policies: the impact of EU ...

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IPR legislation into line with World Intellectual Property Organization (WIPO) and World TradeOrganization (WTO) regulations, at <strong>the</strong> same time making preparations to meet relevant <strong>EU</strong>directives. As with <strong>the</strong> audio-visual and media sectors, legislation in most <strong>of</strong> <strong>the</strong>se countries wasamended several times during <strong>the</strong> transition 88 and only <strong>the</strong> most recent changes <strong>we</strong>re broughtabout by <strong>the</strong> <strong>need</strong> to harmonize with <strong>the</strong> acquis communautaire.Copyright has generally been perceived as an inseparable part <strong>of</strong> <strong>cultural</strong> <strong>policies</strong>, and specificinterests <strong>of</strong> <strong>the</strong> <strong>cultural</strong> sector have usually been taken into account. Much information about<strong>the</strong> most important changes in <strong>the</strong> IPR legislation can be found in <strong>the</strong> <strong>European</strong> Commission’s`progress reports’ as <strong>we</strong>ll as in <strong>the</strong> Compendium <strong>of</strong> <strong>cultural</strong> <strong>policies</strong> and trends in Europe(ERICarts/Council <strong>of</strong> Europe 2005).According to <strong>the</strong> Compendium most countries reported that <strong>the</strong>y have been following <strong>the</strong> civillaw droit d’auteur tradition.89 They have made changes to every aspect <strong>of</strong> <strong>the</strong>ir IPR legislationdirectly relevant for culture such as:■ extending rights for up to 70 years after <strong>the</strong> author’s death■ regulating resale <strong>of</strong> IPR products within <strong>the</strong> <strong>European</strong> Economic Area 90■ changing rental and lending rights.In spite <strong>of</strong> <strong>the</strong> various Europe-wide regulations, <strong>the</strong> way in which some important aspects <strong>of</strong> <strong>the</strong>IPR relevant for culture are regulated is still very varied. Examples <strong>of</strong> this include public lendingrights and also coordination bet<strong>we</strong>en <strong>the</strong> systems for managing and collecting <strong>the</strong> rights <strong>of</strong> artistsfrom different <strong>EU</strong> countries. What’s more, intellectual property rights have been one <strong>of</strong> <strong>the</strong> mostdebated, and sometimes controversial topics.91As with audio-visual legislation, where <strong>the</strong> revision <strong>of</strong> <strong>the</strong> Directive Television without frontiersis underway, <strong>the</strong> field <strong>of</strong> intellectual property is being constantly revised primarily in response todevelopments in digital technologies.Finally: regionalization and <strong>the</strong> `Copenhagen Criteria’There <strong>we</strong>re two o<strong>the</strong>r issues, which although not included in <strong>the</strong> survey, have been impinging on<strong>cultural</strong> policy-making.The first, which seems to have been connected indirectly with <strong>the</strong> accession process, is <strong>the</strong>change <strong>of</strong> territorial, or regional, organization <strong>of</strong> new member states. The Compendium <strong>of</strong> <strong>cultural</strong><strong>policies</strong> and trends in Europe stated that <strong>EU</strong> membership would compel Hungary and Slovenia t<strong>of</strong>inalize a new territorial organization. First Hungary:`The <strong>EU</strong> membership will compel Hungary into finalizing <strong>the</strong> (probably seven)regions and give <strong>the</strong>m real administrative po<strong>we</strong>r, including competence overregional <strong>cultural</strong> <strong>policies</strong>. The same reason has speeded up <strong>the</strong> formation <strong>of</strong> 167so-called small or micro-regions: <strong>the</strong>se are not yet full partners <strong>of</strong> <strong>the</strong> central60Part 2 The <strong>impact</strong> <strong>of</strong> <strong>EU</strong> enlargement: results <strong>of</strong> <strong>the</strong> survey <strong>of</strong> researchers and policy-makers

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