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### Viewing cable 10MADRID174, SPAIN: AMBASSADOR'S MEETING WITH MINISTER OF

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Reference ID | Created | Released | Classification | Origin
--- | --- | --- | --- | ---
10MADRID174 | 2010-02-12 15:03 | 2010-12-21 12:12 | UNCLASSIFIED//FOR OFFICIAL USE ONLY | Embassy Madrid

`

    VZCZCXRO2664
    PP RUEHIK
    DE RUEHMD #0174/01 0431525
    ZNR UUUUU ZZH
    P 121525Z FEB 10
    FM AMEMBASSY MADRID
    TO RUEHC/SECSTATE WASHDC PRIORITY 1928
    INFO RUCNMEM/EU MEMBER STATES COLLECTIVE
    RUEHLA/AMCONSUL BARCELONA 4356
    RUCPDOC/DEPT OF COMMERCE WASHDC

` `

    UNCLAS SECTION 01 OF 03 MADRID 000174

    SENSITIVE
    SIPDIS

    STATE FOR EUR/WE, EUR/OHI, EEB/TPP/IPE, L/PD
    STATE ALSO FOR ECA AND EUR/PPD (L.MCMANIS)
    STATE PASS USTR FOR D.WEINER AND J.GROVES
    STATE ALSO PASS U.S. COPYRIGHT OFFICE FOR M.WOODS AND
    M.PALLANTE
    COMMERCE FOR 4212/DON CALVERT
    COMMERCE ALSO FOR USTPO

    E.O. 12958: N/A
    TAGS: ETRD KIPR PGOV PREL PHUM SCUL SP
    SUBJECT: SPAIN: AMBASSADOR'S MEETING WITH MINISTER OF
    CULTURE ANGELES GONZALEZ-SINDE

    REF: A. BARCELONA 15
    ¶B. 09 MADRID 1161

    MADRID 00000174 001.3 OF 003

    SUMMARY:

    ¶1. (SBU) Ambassador met February 10 with Minister of Culture
    Angeles Gonzalez Sinde to discuss bilateral cooperation on
    cultural issues, intellectual property rights and draft
    legislation that would enhance the government's ability to
    combat digital piracy, and the Holocaust-related claim by
    AMCIT Claude Cassirer on a State-owned painting in Madrid's
    Thyssen-Bornemisza Museum. The Minister reiterated the
    government's request that the Embassy continue to engage with
    the political opposition on draft legislation for shutting
    down pirate websites. With respect to the Cassirer claim,
    Ministry officials says the Spanish state is prohibited from
    giving away property or offering compensation, but the
    Ambassador asked the Minister to look at some different
    options to resolve the matter in a more satisfactory fashion.
    End Summary.

    CULTURAL COOPERATION

    ¶2. (U) The Minister was accompanied by her Chief of Staff,
    Javier Bonilla, and Director General (DG) for Cultural Policy
    and Industries Guillermo Corral van Damme. Ambassador
    Solomont began by listing the various cultural events he has
    participated in since his recent arrival. The Ambassador
    also mentioned the partnership between the Boston-based
    Berklee School of Music and Spain's General Society of
    Authors and Publishers (SGAE) in developing a cultural center
    and music university in Valencia, which he characterized as
    an "ambitious project." The Ambassador also thanked the
    Minister for her work on the Fulbright grantee selection
    boards and her speech at the November 2009 event celebrating
    the 50th anniversary of the first Spanish grants awarded
    under the program. Finally, he mentioned that the Boston
    Museum of Fine Arts plans to lend a John Singer Sargent
    painting, which was influenced by the Velazquez masterpiece
    "Las Meninas," to the Prado, and he hoped the Minister could
    attend a reception for the Boston delegation in March.

    IPR PROTECTION AND ANTI-PIRACY MEASURES

    ¶3. (SBU) Ambassador Solomont said he had heard a great deal
    about Spain's Internet piracy problem, from MPAA CEO Glickman
    and others, and asked where things stand with the
    government's legislative proposal (ref B) on shutting down or
    blocking pirate websites. Minister Gonzalez-Sinde replied
    that everything the government tries to do in this area is
    big news, since attempts to regulate Internet activity are of
    intense interest to young people, the media, and companies
    like Google. The government's proposal, she said, is quite
    reasonable and even modest. The government has pledged not
    to move aggressively against citizens and individual users as
    has been proposed in France and the UK, but its initiative is
    nonetheless controversial. Many politicians, she averred,
    have little information or understanding of the issue. Even
    those who recognize the damage that Internet piracy does to
    cultural industries have not been helpful.

    ¶4. (SBU) At the same time, the Minister said there has been a
    lot of progress and an open public debate on the issues
    surrounding Internet piracy since she came into office last
    April. There are still populist demands for "free culture"
    on the Internet, but these are being taken less seriously in
    the media. The Internet is shaking up traditional modes of
    cultural distribution, she said. Increased use of the e-book
    is sensitizing authors and influential media owners to the
    piracy problem.

    ¶5. (SBU) The Congressional debate over the government's draft
    law will be complicated, and this is where the Minister said
    the Ambassador can help. The Government believes it is
    making progress with Deputies from the ruling Spanish
    Socialist Workers Party (PSOE), but is concerned about the
    opposition Populist Party (PP). The Ambassador noted he had
    raised the issue in his initial meeting with PP leader
    Mariano Rajoy and had told him how important the issue is to
    the USG and private industry. Gonzalez-Sinde pointed out
    that if the government does not solve this problem now, it

    MADRID 00000174 002.3 OF 003

    could become an issue in the next presidential campaign.
    Should the PP come back to power, it will have to deal with
    this issue, because the current situation is unsustainable
    over time. (Comment: As reported septel, DG Corral told
    econoffs recently that the government faces opposition from
    some members of the ruling party, and he asked us to make our
    views known to legislators from the regional Convergencia i
    Unio (Cataluna) and Partido Nacional Vasco (Basque Country)
    blocs.)

    ¶6. (SBU) Ambassador said the USG wants to see the legislation
    move forward in Congress and not be weakened in the amendment
    process. He also noted that the music industry in particular
    does not believe the government's proposal will solve the
    problem, to which the Minister replied that the Government
    has committed to trying this approach first, and if it
    doesn't prove effective, they will come back with additional
    and perhaps stronger measures. The music industry is
    important to Spain, she said, because it helps promote the
    Spanish language in Latin America and also in the United
    States.

    ¶7. (U) On another issue, the Minister raised the draft law
    being considered by the Catalan regional legislature that
    would require that foreign films be dubbed or subtitled into
    the Catalan language (ref A). She placed the issue in the
    context of requirements that television networks finance and
    broadcast Spanish and European films, and said it was also
    related to the transition of televisions and films from
    analog to digital format. She said the Catalan regional
    government (Generalitat) is responding to public interest in
    promoting the language and sees these other initiatives as
    unnatural and unbalanced. It is trying to push back, but its
    attempt to require that more films be shown in Catalan is
    risky, as major studios and distributors oppose it. So do
    movie house owners, who cite low demand because, in their
    experience, even Catalan speakers prefer to see movies in
    Spanish. Gonzalez-Sinde was not certain whether the regional
    Parliament would pass the law in its current session.

    CASSIRER CLAIM

    ¶8. (SBU) The Ambassador raised the claim of AMCIT Claude
    Cassirer to a Camille Pissarro painting that is currently
    part of the Thyssen Museum's permanent collection. The
    Ambassador noted that Spain had participated in the 1998
    Washington Conference on Nazi Confiscated Art and in last
    year's Prague Conference. Spain had signed the Declarations
    of Principles but was in the position of possessing a
    painting that the Nazis had forced its original owner to
    sell. He cited a German government letter stating that the
    compensation the owner had received from Germany for the
    painting's original disappearance did not extinguish the
    family's claim to restitution or compensation. Ambassador
    hoped the GOS would facilitate face-to-face negotiations on
    compensation, as opposed to "moral recognition."
    Acknowledging that the claimant has a lawsuit against Spain
    and the Thyssen Foundation before the 9th Circuit Court of
    Appeals, Ambassador asked what prevented the GOS from playing
    a stronger hand outside the legal process.

    ¶9. (SBU) Minister Gonzalez-Sinde replied that lawyers for the
    MFA and the Museum have advised that Spain is legally barred
    from returning the painting or paying compensation. She
    offered to speak again to FM Moratinos to see if anything can
    be done. DG Corral pointed out that Spain had acquired the
    painting legally and in good faith and had no involvement in
    the transaction in which a Nazi art dealer coerced the
    painting from its owner. The Thyssen Foundation manages the
    collection that includes the painting, but the State owns it.
    There is no legal way for the State to surrender its
    property absent a judicial order, he said, and the government
    could be sued if it tried. The State is legally bound to
    protect its property, even at times against its own will.

    ¶10. (SBU) Spain is sensitive to the family's claim, Corral
    said, but does not believe it can legally negotiate
    compensation. It might, however, be able to make gestures to
    the family and to the Los Angeles Jewish community. The
    government could, for example, organize and fund travel to
    Spain and cultural exchanges to promote mutual understanding

    MADRID 00000174 003.3 OF 003

    and appreciation while giving due recognition to the Cassirer
    family.

    ¶11. (SBU) Ambassador suggested that the GOS try to come up
    with creative solutions. At the same time, he undertook to
    convey the GOS concerns to Cassirer's attorneys and to ask
    them to offer a series of options for the government to
    consider. If there appear to be viable options, they could
    serve as a basis for direct negotiations. Post will follow
    up with EUR/OHI.

    SOLOMONT

`