Proposal for a Directive on the harmonisation of certain aspects of copyright and related rights in the Information Society

["Axel H Horns" <horns@t-online.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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