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[FYI] Amended proposal for Directive on copyright and related ri
- To: debate@fitug.de
- Subject: [FYI] Amended proposal for Directive on copyright and related ri
- From: Horns@t-online.de (Axel H. Horns)
- Date: Sat, 22 May 1999 15:03:25 +0100
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http://europa.eu.int/comm/dg15/en/intprop/intprop/copy2.htm
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Intellectual & Industrial Property Intellectual
Property
Full text for downloading (PDF file, 74 KB - 97 KB)
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