Introduction of the President of the Higher Council for Literary and Artistic Property
During the period covered by this report, the Conseil Supérieur de la Propriété Littéraire et Artistique met eight times in plenary sessions and its specialized committees more than thirty times. At the request of the Minister for Culture and Communication, or on his own initiative, his work covered many subjects. Three are worth mentioning here.
It has, first and foremost, completed the examination of the issues likely to be addressed – and they have been – during the parliamentary debate on the bill on copyright and related rights in the Information Society, which it examined in depth at its plenary session on 5 December 2002. Several of the recommendations made by the Superior Council were taken up in the final version of the law of 1 August 2006, published in the Official Journal of 3 August 2006.
Second, the Conseil Supérieur addressed two important issues – the status of multimedia works and the distribution of digital content online – that result from the consequences of new technologies on literary and artistic property rights. The Senior Council has tried and I believe has succeeded in finding innovative but balanced and operational solutions.
Through its work, the Conseil Supérieur has confirmed its usefulness: it helps the public authorities to identify, as early as possible, the questions that arise in terms of literary and artistic property; it suggests, in the most consensual way possible, practical solutions, involving representatives, experts or professionals from the worlds of culture, law and economics. It thus fully plays its role as an aid body for public decision-making: this is essential in a modern state that must increasingly act and define the rules of the game, in a shared way with civil society.
The Superior Council has finally confirmed the legitimacy it has gradually acquired since its establishment in May 2001. First of all, as we said, his analyses and suggestions were largely taken into account in the legislation of August 1, 2006. Secondly, that the same law, by its article 17, gave legislative value to the Conseil Supérieur. Finally, its legitimacy results, in a very concrete way, from the remarkable involvement of all its members (incumbents and alternates) who actively participate in the sessions and thus feed into very fruitful debates.
This will enable the High Council to continue its work in the best possible conditions in the coming years.
Jean-Ludovic Silicani