Council of Europe. Declaration (94) 2 on neighbouring rights of the Committee of Ministers of the Council of Europe






(Adopted by the Committee of Ministers on 17 February 1994,
at the 508th meeting of the Ministers' Deputies)


 The Committee of Ministers of the Council of Europe:

1.    Recognising the need for a general improvement in the protection of neighbouring rights;

2.    Has decided in the first instance to meet the most urgent need, namely to harmonise and improve the level of protection of neighbouring rights in the context of transfrontier broadcasting by satellite, by opening to signature the European Convention relating to questions on copyright law and neighbouring rights in the framework of transfrontier broadcasting by satellite;

3.    Notes that the adoption of this Convention shall in no way affect the economic benefits and advantages accruing to holders of neighbouring rights by virtue of contractual arrangements;

4.    Notes that a number of other important issues still need to be considered concerning the protection of neighbouring rights, inter alia, in the context of transfrontier broadcasting;

5.    Considers that priority should now be given to the study of, inter alia, the following issues: the rights of performers, producers of phonograms and broadcasting organisations with regard to cable retransmission; the right of performers and producers of phonograms to authorise the reproduction of their performances and phonograms; the moral rights of performers and the duration of protection of right holders;

6.    Emphasises in this context the need for fair and equitable economic and other conditions for the use of performances included in phonograms or audio-visual works;

7.    Stresses the importance of examining these issues within the framework of the Council of Europe, while bearing in mind work being carried out within other international and European fora, and taking account of technological developments and their financial implications for performers, producers of phonograms and broadcasting organisations;

8.    Invites the Steering Committee on the Mass Media to proceed with its examination of these issues and to consider the appropriateness of drafting legal instruments on the subject.