London - April 14, 2000
IFPI, representing the international recording industry, today urged the
US government to take formal trade measures in
response to Italy's decision to postpone adoption of its long-awaited
anti-piracy law.
The suspension of the law, which would raise criminal penalties and strengthen
police powers against Italy's soaring levels of copyright piracy, reneges on
repeated pledges by Rome to adopt the six-year old draft legislation. The
latest of these was made only in late-March during the visit to Rome of a
delegation of European recording industry heads.
IFPI, acting with its US sister organization the RIAA, has now joined the US
copyright industries coalition IIPA in urging the US government to designate
Italy a "Priority Foreign Country" when it publishes its Special 301 review on
1 May. That would open a six-month procedure which could lead to trade
sanctions against Italy.
Italy is in breach of world trade (TRIPS) rules under which it is obliged to
provide adequate copyright enforcement. In particular it has failed to impose
deterrent criminal penalties against piracy.
IFPI Chairman and CEO Jay Berman said: "We are extremely disappointed. Italy
has one of the highest piracy rates in western Europe. This law is designed
to provide the necessary legal framework for effective enforcement. The
decision to postpone consideration is troublesome in particular because of the
positive message that was conveyed to recording industry executives by
government officials only 10 days ago. In the light of this long history of
delays, we fully support the petition to designate Italy as a priority foreign
country."
Italy's music piracy rate is presently 25%, compared to less than 10% in every
other country of the European Union except Greece. The pirate market is
estimated to be worth US$150 million.
Background on the Anti-Piracy Bill
- The Anti-Piracy Bill was first drafted in 1994 and then proposed by
the government in October 1996, following concerted pressure by the
music industry both domestically and internationally. The Bill was
passed in the Senate last year but was withdrawn at the last minute
despite repeated assurances that it would go forward. With regional
elections approaching, it faces indefinite delay.
- The Bill would have significantly helped in the fight against piracy.
It would have increased criminal penalties and jail terms for all forms of
piracy. For serious commercial piracy, present fines of L.5 million
($2,00) and jail terms of between 3 months and 3 years would rise to L.
30 million ($15,300) and jail terms of between 1 and 4 years.
- The Bill also provides administrative sanctions. These include powers
to revoke business license from retailers involved in piracy; and the
formation of a new government Anti-Piracy Committee to coordinate State
anti-piracy efforts.