NationMaster - Encyclopedia: Directive on the harmonisation of certain aspects of copyright and related rights in the information society

The Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, commonly known as the EU Copyright Directive (EUCD) or the Information Society Directive (Infosoc), is a European Union directive in the field of copyright law, made under the internal market provisions of the Treaty of Rome. It is intended to implement the WIPO Copyright Treaty, to which the European Union is a party.^[1] Image File history File links This is a lossless scalable vector image. ... A directive is a legislative act of the European Union which requires member states to achieve a particular result without dictating the means of achieving that result. ... Established 1952, as the Common Assembly President Hans-Gert PÃ¶ttering (EPP) Since 16 January 2007 Vice-Presidents 14 Rodi Kratsa-Tsagaropoulou (EPP) Alejo Vidal-Quadras (EPP) GÃ©rard Onesta (Greens â€“ EFA) Edward McMillan-Scott (ED) Mario Mauro (EPP) Miguel Angel MartÃnez MartÃnez (PES) Luigi Cocilovo (ALDE) Mechtild... This article deals with the meeting of European Union leaders. ... The Official Journal of the European Communities is the gazette of record for the European Union. ... Year 2001 (MMI) was a common year starting on Monday (link displays the 2001 Gregorian calendar). ... is the 173rd day of the year (174th in leap years) in the Gregorian calendar. ... Also see: 2002 (number). ... is the 10th day of the year in the Gregorian calendar. ... Year 2001 (MMI) was a common year starting on Monday (link displays the 2001 Gregorian calendar). ... is the 142nd day of the year (143rd in leap years) in the Gregorian calendar. ... Year 2001 (MMI) was a common year starting on Monday (link displays the 2001 Gregorian calendar). ... is the 173rd day of the year (174th in leap years) in the Gregorian calendar. ... Also see: 2002 (number). ... is the 356th day of the year (357th in leap years) in the Gregorian calendar. ... Berlaymont, the Commissions seat The European Commission (formally the Commission of the European Communities) is the executive branch of the European Union. ... Year 1998 (MCMXCVIII) was a common year starting on Thursday (link will display full 1998 Gregorian calendar). ... April 7 is the 97th day of the year in the Gregorian calendar (98th in leap years). ... This article is about the year. ... is the 176th day of the year (177th in leap years) in the Gregorian calendar. ... The European Unions Economic and Social Committee is the consultative assembly of European social and economic partners. This phrase refers mainly to representatives of business, employers and trade unions. ... Year 1998 (MCMXCVIII) was a common year starting on Thursday (link will display full 1998 Gregorian calendar). ... is the 362nd day of the year (363rd in leap years) in the Gregorian calendar. ... Established 1952, as the Common Assembly President Hans-Gert PÃ¶ttering (EPP) Since 16 January 2007 Vice-Presidents 14 Rodi Kratsa-Tsagaropoulou (EPP) Alejo Vidal-Quadras (EPP) GÃ©rard Onesta (Greens â€“ EFA) Edward McMillan-Scott (ED) Mario Mauro (EPP) Miguel Angel MartÃnez MartÃnez (PES) Luigi Cocilovo (ALDE) Mechtild... This article is about the year. ... is the 148th day of the year (149th in leap years) in the Gregorian calendar. ... Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property is a European Union directive in the field of copyright law, made under the internal market provisions of the Treaty of Rome. ... Council Directive 93/98/EEC of 29 October 1993 harmonizing the term of protection of copyright and certain related rights[1] is a European Union directive in the field of copyright law, made under the internal market provisions of the Treaty of Rome. ... A directive is a legislative act of the European Union which requires member states to achieve a particular result without dictating the means of achieving that result. ... Not to be confused with copywriting. ... This can refer to two things: European Economic Community (EC), the single market of the European Union European Economic Area, a wider single market between the EC and some other european states. ... The Treaty of Rome signing ceremony Signatures in the Treaty The Treaty of Rome, signed by France, West Germany, Italy and Benelux (Belgium, the Netherlands and Luxembourg) on March 25, 1957, established the European Economic Community (EEC). ... The WIPO Copyright Treaty, adopted by the World Intellectual Property Organization (WIPO) in 1996, provides additional protections for copyright deemed necessary in the modern information era. ...

This highly controversial Directive was, at the time, the most heavily lobbied measure to pass the European Parliament.^[2] In its final form, it includes only very narrow exceptions to anti-circumvention measures and exclusive rights. As a result, it is often regarded as a victory for copyright-owning interests (publishing, film, music and major software companies) over copyright users' interests. Established 1952, as the Common Assembly President Hans-Gert PÃ¶ttering (EPP) Since 16 January 2007 Vice-Presidents 14 Rodi Kratsa-Tsagaropoulou (EPP) Alejo Vidal-Quadras (EPP) GÃ©rard Onesta (Greens â€“ EFA) Edward McMillan-Scott (ED) Mario Mauro (EPP) Miguel Angel MartÃnez MartÃnez (PES) Luigi Cocilovo (ALDE) Mechtild... Software cracking is the modification of software to remove protection methods: copy prevention, trial/demo version, serial number, hardware key, CD check or software annoyances like nag screens and adware. ... In law, an exclusive right is the power or right to perform an action in relation to an object or other thing which others cannnot perform. ...

Many important details are not specified in the Directive, and as a result, Member States have significant freedom in certain aspects of implementation. Due to escalating public awareness of the importance of copyright legislation, the process of implementation has not been entirely predictable. The European Commission has taken proceedings in the European Court of Justice against six Member States for failure to implement the Directive within the required period (before 2002-12-22).^[3] Look up Implementation in Wiktionary, the free dictionary. ... Berlaymont, the Commissions seat The European Commission (formally the Commission of the European Communities) is the executive branch of the European Union. ... Official emblem of the ECJ The Court of Justice of the European Communities, usually called the European Court of Justice (ECJ), is the highest court in the European Union (EU). ... Also see: 2002 (number). ... is the 356th day of the year (357th in leap years) in the Gregorian calendar. ...

Definition of copyright

Articles 2–4 contain a brief definition of the property rights associated with copyright and related rights. They distinguish the "reproduction right" (Art. 2) from the right of "communication to the public" or "making available to the public" (Art. 3): the latter is specifically intended to cover publication and transmission on the internet. The two names for the right derive from the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty (Arts. 8 & 10 respectively). Not to be confused with copywriting. ... Related rights is a term in copyright law, used in opposition to the term authors rights. The term neighbouring rights is exactly equivalent, and a more literal translation of the original French droits voisins. ... The WIPO Copyright Treaty, adopted by the World Intellectual Property Organization (WIPO) in 1996, provides additional protections for copyright deemed necessary in the modern information era. ... The WIPO Performances and Phonograms Treaty (WPPT) was adopted in Geneva on December 20, 1996. ...

The right of communication to the public or making available to the public is also distinguished from the "distribution right" (Art. 4) by the fact that it is not subject to the first-sale doctrine. The first-sale doctrine is a limitation on copyright that was recognized by the U.S. Supreme Court in 1908 and subsequently codified in the Copyright Act of 1976, 17 U.S.C. Â§ 109. ...

Exceptions and limitations

Article 5 lists the limitations which Member States may apply to copyright and related rights. The restrictive nature of the list was one source of controversy over the directive: in principle, Member States may only apply limitations which are on the agreed list, although other exceptions and limitations which were in place on 2001-06-22 may remain in force [Art. 5(3)(o)]. There are no exceptions to copyright (classes of work which are not eligible for copyright), although many (but not all) Member States exclude laws from copyright protection. Year 2001 (MMI) was a common year starting on Monday (link displays the 2001 Gregorian calendar). ... is the 173rd day of the year (174th in leap years) in the Gregorian calendar. ...

One limitation is obligatory: transient or incidental copying as part of a network transmission or legal use. Hence internet service providers are not liable for the data they transmit, even if it infringes copyright. The other limitations are optional, with Member States choosing which they apply. All limitations must be applied in accordance with the Berne three-step test, that is in certain special cases which do not conflict with a normal exploitation of the work and which do not unreasonably prejudice the legitimate interests of the rightholder [Art. 5(5)]. â€œISPâ€ redirects here. ... The Berne three-step test is a set of constraints on the limitations and exceptions to exclusive rights under national copyright laws. ...

Technological measures

Article 6 of the Directive provides protection for "technological measures", any technology device or component which is designed to restrict or prevent certain acts which are not authorised by the rightholder. Member States must provide "adequate legal protection", which may be civil, criminal or a mix of the two. Technological measures are only protected if they are "effective", ie they actually work. Rightholders who use such anti-circumvention measures must allow reproduction which is permitted under the limitations to copyright protection [Art. 6(4)]. Digital restrictions management information is similarly protected (Art. 7). Digital rights management (DRM) is an umbrella term that refers to access control technologies used by publishers and other copyright holders to limit usage of digital media or devices. ...

Implementation

As of September 2006, only Spain and the Czech Republic had yet to implement the Directive at the federal level. Some implementation measures include:

The 2005 amendment to the Finnish Copyright Act and Penal Code was an amendment to make the Finnish copyright legislation and criminal code comply with the EU Copyright Directive 2001/29/EC. It was presented to the President of Finland by Culture Minister Tanja Saarela (previously Karpela). ... Coat of Arms of the French Republic DADVSI is the abbreviation of the French language Loi sur le droit dauteur et les droits voisins dans la sociÃ©tÃ© de linformation (in English: law on authors rights and related rights in the information society). It is a bill... The Copyright and Related Rights Regulations 2003 transpose Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, often known as the EU copyright directive, into United Kingdom law. ...

See also

It is proposed that this article be deleted, because of the following concern: There is no copyright law of the European Union at all If you can address this concern by improving, copyediting, sourcing, renaming or merging the page, please edit this page and do so. ... The Digital Millennium Copyright Act (DMCA) is a United States copyright law which implements two 1996 WIPO treaties. ... A peer-to-peer (or P2P) computer network is a network that relies on the computing power and bandwidth of the participants in the network rather than concentrating it in a relatively few servers. ...

References

Year 2000 (MM) was a leap year starting on Saturday (link will display full 2000 Gregorian calendar). ... is the 101st day of the year (102nd in leap years) in the Gregorian calendar. ...

External links

Categories: Copyright laws of the European Union | European Union directives | Copyright law by country | Copyright legislation | 2001 in law FSF Europes logo The Free Software Foundation Europe (FSF Europe) was founded in 2001 as the sister organisation of the Free Software Foundation (FSF) in the USA to take care of all aspects of Free Software in Europe. ... It is proposed that this article be deleted, because of the following concern: There is no copyright law of the European Union at all If you can address this concern by improving, copyediting, sourcing, renaming or merging the page, please edit this page and do so. ... A directive is a legislative act of the European Union which requires member states to achieve a particular result without dictating the means of achieving that result. ... Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs is a European Union directive in the field of copyright law, made under the internal market provisions of the Treaty of Rome. ... Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property is a European Union directive in the field of copyright law, made under the internal market provisions of the Treaty of Rome. ... Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission is a European Union directive which governs the application of copyright and related rights to satellite and cable television in the... Council Directive 93/98/EEC of 29 October 1993 harmonizing the term of protection of copyright and certain related rights[1] is a European Union directive in the field of copyright law, made under the internal market provisions of the Treaty of Rome. ... The Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases is a European Union directive in the field of copyright law, made under the internal market provisions of the Treaty of Rome. ... Directive 98/84/EC of the European Parliament and of the Council of 20 November 1998 on the legal protection of services based on, or consisting of, conditional access is a European Union directive in the field of intellectual property law, made under the internal market provisions of the Treaty... Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art is a European Union directive in the field of copyright law, made under the internal market provisions of... The European Union directive on measures and procedures to ensure the enforcement of intellectual property rights was formally adopted on April 29, 2004 in the Agriculture and Fisheries Council, two days before the enlargement of the European Union to 25 member states. ... Directive 2006/116/EC of the European Parliament and of the Council of 12 December 2006 on the term of protection of copyright and certain related rights (codified version)[1] is a consolidated version of the former EU Directive harmonizing the term of copyright protection, including all amendments made up... Image File history File links This is a lossless scalable vector image. ... Image File history File links European_copyright. ... For the treaty establishing the General Postal Union, see Treaty of Bern. ... The Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations was accepted by members of the World Intellectual Property Organization on October 26, 1961. ... The Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs) is a treaty administered by the World Trade Organization (WTO) which sets down minimum standards for forms of intellectual property (IP) regulation. ... The WIPO Copyright Treaty, adopted by the World Intellectual Property Organization (WIPO) in 1996, provides additional protections for copyright deemed necessary in the modern information era. ... The WIPO Performances and Phonograms Treaty (WPPT) was adopted in Geneva on December 20, 1996. ... EFTA countries (except Switzerland) EU countries Together these form the EEA. The European Economic Area (EEA) came into being on January 1, 1994 following an agreement between the European Free Trade Association (EFTA) and the European Union (EU). ...

Contents

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