[FYI] Amended proposal for Directive on copyright and related ri

[Horns@t-online.de (Axel H. Horns)]

http://europa.eu.int/comm/dg15/en/intprop/intprop/copy2.htm

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                Intellectual & Industrial Property  Intellectual
                Property

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                Amended proposal for Directive on copyright and
                related rights in the information society

                     Internet 
                     Private copying 

                An amended proposal for a Directive on copyright and
                of related rights in the Information Society was
                presented by the European Commission on 21 May 1999.
                The proposed Directive would establish a level playing
                field for copyright protection in the new environment,
                and in particular cover the reproduction right, the
                communication to the public right, the distribution
                right, and legal protection of anti-copying and rights
                management systems. Throughout the legislative
                process, the Commission has paid particular attention
                to safeguarding a fair balance between all the rights
                and interests involved. The amended proposal includes
                a majority but not all of the changes sought by the
                European Parliament in its February 1999 Opinion on
                the Commission's original proposal, in accordance with
                the undertakings given by the Commission to the
                Parliament at the time. The amended proposal would
                continue to require Member States to provide network
                operators with an exception from the reproduction
                right for certain technical acts of reproduction (such
                as certain 'cache' copies arising during transmission
                over the Internet).

                The proposed Directive would adjust and complement the
                existing EU framework on copyright and related rights
                to respond to the new challenges of technology and the
                information society, to the benefit of both right
                holders and users. In particular, it would stimulate
                creativity and innovation by ensuring that music,
                films and all materials protected by copyright enjoyed
                adequate protection throughout the Single Market. It
                would facilitate cross-border trade in
                copyright-protected goods and services, with
                particular emphasis on new Information Society
                products and services (both on-line and on physical
                carriers such as CDs). In addition, the proposal would
                contribute to ensuring the harmonious development of
                the Information Society at the world level by meeting
                the main requirements of the new international
                treaties on protection of authors, performers and
                phonogram producers agreed in December 1996 in the
                framework of the World Intellectual Property
                Organisation (WIPO), thereby allowing the ratification
                of these treaties by both the European Community as
                such and the individual Member States, as well as by
                all countries associated with the EU (including
                European Economic Area members and the countries of
                Central and Eastern Europe).

                  Internet

                The amended proposal incorporates fully or partially
                44 of the 56 amendments sought by the Parliament in
                its 10 February 1999 Opinion. However, as it made
                clear at the time the Parliament adopted its Opinion,
                the Commission has been unable to incorporate the
                Parliament's suggestion that certain technical acts of
                reproduction (such as 'cache' copies) should only
                benefit from an exception to the reproduction right
                subject to prior authorisation by rightholders to
                putting their protected material on the networks. This
                is because such a requirement would have seriously
                hindered the effective operation of the Internet and
                upset the balance of interests in the original
                proposal. However, the Commission has introduced a
                number of changes sought by the Parliament to ensure a
                more precise definition of the technical, transient
                copies concerned by the exemption from the
                reproduction right.

                  Private copying

                In the case of private copying, photocopying and
                illustrations for teaching and scientific research,
                the amended proposal specifies, in accordance with the
                Parliament's wishes, that Member States would be
                obliged to ensure fair compensation for right holders.
                The precise form of such compensation (which may, but
                does not have to take the form of levies on copy
                shops, sales of blank tapes and equipment, as exist in
                most Member States) would be up to the Member States
                to decide in accordance with their legal traditions
                and practices. In the specific case of digital
                recording media (which allow unlimited numbers of
                perfect copies to be made rapidly), Member States may
                allow rightholders, if they do desired, to control
                private copying by way of operational, reliable and
                effective technical means to protect their interests,
                where these technical means existed.

                The proposal's provisions on the legal protection of
                technical anti-copying and other technical devices
                from circumvention, violation or manipulation have
                been made more explicit, as requested by the
                Parliament, but still maintain a balance between the
                various rights and interests concerned.


                Date: 21 May 1999
                For further details: E3@dg15.cec.be

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See also

  http://europa.eu.int/comm/dg15/en/intprop/intprop/copy2en.pdf