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Proposal for a Directive on the harmonisation of certain aspects of copyright and related rights in the Information Society
- To: debate@fitug.de
- Subject: Proposal for a Directive on the harmonisation of certain aspects of copyright and related rights in the Information Society
- From: "Axel H Horns" <horns@t-online.de>
- Date: Sun, 9 Apr 2000 22:08:35 +0100
- Comment: This message comes from the debate mailing list.
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- Organization: PA Axel H Horns
- Reply-to: horns@t-online.de
- Sender: owner-debate@fitug.de
[Ich versuche das mal in Klartext zu uebersetzen: Mit einer
"gemeinsamen Position" ist noch im II. Quartal 2000 zu rechnen, d.h.
die Frage der Zulaessigkeit privater Kopien und der rechtliche Schutz
von Kopierschutzmechanismen und anderen Sperren gemaess WIPO-
Copyright-Vertrag wird allerdemnaechst in einem greifbaren Entwurf
kulminieren. Dann wird bereits eine wichtige Vorentscheidung gefallen
sein, ob es in Europa demnaechst auch sowas aehnliches wie ein DCMA
gibt. Vgl. zur Bedeutung auch http://www.upside.com/texis/mvm/print-
it?id=38ee25eb0&t=/texis/mvm/eb iz/story --AHH]
http://europa.eu.int/comm/internal_market/en/intprop/intprop/copy3.htm
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Intellectual & Industrial Property Intellectual Property
Proposal for a Directive on the harmonisation of certain aspects of
copyright and related rights in the Information Society - Lastest
developments
Work in Council is progressing What will the next steps be? Need for
a swift adoption of the proposed Directive
Work in Council is progressing
The Finnish Presidency, in the Internal Market Council of 7 December
1999, presented a detailed progress report on the discussion in the
Council on the Commission's proposal for a Directive. The report
acknowledges the need for the proposed Directive to proceed urgently
in order to establish a Single Market for new products and services
of the Information Society based on intellectual property. At the
same time, it is a pre-requisite for the ratification of the «
Internet » Treaties agreed in the framework of the World Intellectual
Property Organisation by the Community and its Member States as well
as by the associated countries to the EU. The progress report
outlines that a broad degree of consensus has already been reached on
several issues. It focuses on the key issues, and notably Article 5
(exceptions to the exclusive rights of reproduction and communication
to the public, including the making available right which is specific
to the Digital Age) and Article 6 (protection of technological
measures against circumvention) of the proposal which require further
work. Both provisions are crucial provisions as they determine the
scope and the effective protection of the rights.
The Portuguese Presidency is in favour of proceeding with the
proposal urgently, not least in view of the timely accession to the
WIPO Treaties. The aim is to achieve a Common Position under their
Presidency, i.e. during the first half of 2000.
What will the next steps be?
As the proposal will be adopted by the European Parliament and
Council according to the « co-decision » procedure, Article 251 EC
Treaty (exArticle 189 EC Treaty), the proposal, after agreement on a
Common Position, will be sent to the European Parliament. MEP Boselli
(IT/SOC) has been appointed as rapporteur for the second reading.
Unless a conciliation procedure is requested, the draft directive
will subsequently be finally adopted. Such final adoption could take
place at the end of 2000 or the beginning of 2001 respectively.
Need for a swift adoption of the proposed Directive
A swift adoption of the proposed Directive is crucial in order to
ensure an Internal Market in copyright with particular focus on new
products and services (both on-line and on physical carriers).
Adequate protection of music, films and other protected subject
matter across the EC shall foster creativity and innovation and
enhance the availability and public acceptance of new services. In so
doing, the proposal needs to achieve meaningful harmonisation whilst
safeguarding a fair balance between all rights and interests
involved, which is of particular importance as regards Articles 5 and
6 of the proposal. In parallel, the proposal will implement the main
elements of the two 1996 WIPO Treaties on copyright and related
rights. Its adoption is a pre-condition for the ratification of these
treaties by both the EC and the Member States.
Date: February 2000 For further details: MARKT-E3@cec.eu.int
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