Copyright Directive - Wikipedia, the free encyclopedia
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`Copyright Directive
`
`From Wikipedia, the free encyclopedia
`
`The Copyright Directive (officially 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, also known as the Information Society
`Directive or the InfoSoc Directive), is a
`directive of the European Union enacted to
`implement the WIPO Copyright Treaty and to
`harmonise aspects of copyright law across
`Europe, such as copyright exceptions.[1] The
`directive was enacted under the internal market
`provisions of the Treaty of Rome.
`
`The directive was subject to unprecedented
`lobbying[2] and has been cited as a success for
`copyright industries.[3] The directive gives EU
`Member States significant freedom in certain
`aspects of transposition. Member States had until
`22 December 2002 to implement the directive
`into their national laws. However, only Greece
`and Denmark met the deadline and the European
`Commission eventually initiated enforcement
`action against six Member States for non-
`implementation.
`
`Contents
`
`(cid:1389) 1 Content
`(cid:1389) 1.1 Rights
`(cid:1389) 1.2 Exceptions and limitations
`(cid:1389) 1.3 Technological protection
`measures
`(cid:1389) 2 Implementation by member states
`(cid:1389) 3 See also
`(cid:1389) 4 References
`(cid:1389) 5 External links
`
`Directive 2001/29/EC
`
`European Union directive
`
`Title
`
`Directive on the harmonisation of
`
`certain aspects of copyright and
`
`related rights in the information
`
`society
`
`Made by
`
`European Parliament & Council
`
`Made under
`
`Arts. 47(2), 55 & 95
`
`Journal
`
`reference
`
`L167, 2001-06-22, p. 10
`
`L6, 2002-01-10, p. 70
`
`History
`
`Date made
`
`2001-05-22
`
`Came into force 2001-06-22
`
`Implementation
`
`2002-12-22
`
`date
`
`Preparative texts
`
`Commission
`
`C108, 1998-04-07, p. 6
`
`proposal
`
`C180, 1999-06-25, p. 6
`
`EESC opinion
`
`C407, 1998-12-28, p. 30
`
`EP opinion
`
`C150, 1999-05-28, p. 171
`
`Other legislation
`
`Amends
`
`92/100/EEC, 93/98/EEC
`
`Current legislation
`
`https://en.wikipedia.org/wiki/Copyright_Directive
`
`IPR2016-01271
`
`UNIFIED 1052
`
`6/27/2016
`
`

`
`Copyright Directive - Wikipedia, the free encyclopedia
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`Page 2 of 5
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`Content
`
`Rights
`
`Articles 2–4 contain definitions of the exclusive rights granted to under copyright and related rights.
`They distinguish the "reproduction right" (Article 2) from the right of "communication to the public" or
`"making available to the public" (Article 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). The related right for
`authors to authorise or prohibit any form of distribution to the public by sale or otherwise is provided for
`in Article 4.
`
`Exceptions and limitations
`
`Article 5 lists the copyright exceptions 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 exceptions which are on the agreed list, although other exceptions which were
`already in national laws on 2001-06-22 may remain in force [Article 5(3)(o)]. The Copyright Directive
`makes only one exception 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 give effect to in
`national laws.
`
`Article 5(2) allows Member States to establish copyright exceptions to the Article 2 reproduction right
`in cases of:
`
`(cid:1389) photographic reproductions on paper or any similar medium of works (excluding sheet music)
`provided that the rightholders receives fair compensation,
`(cid:1389) reproductions on any medium made by a natural person for private use which is non-commercial
`provided that the rightholders receives fair compensation,
`(cid:1389) reproduction made by libraries, educational establishments, museums or archives, which are non-
`commercial
`(cid:1389) archival reproductions of broadcasts,
`(cid:1389) reproductions of broadcasts made by "social institutions pursuing non-commercial purposes, such
`as hospitals or prisons" provided that the rightholders receives fair compensation.
`
`Article 5(3) allows Member States to establish copyright exceptions to the Article 2 reproduction right
`and the Article 3 right of communication to the public in cases of:
`
`(cid:1389) illustration for teaching or scientific research, provided the source, including the author's name, is
`acknowledged,
`(cid:1389) uses for the benefit of people with a disability,
`(cid:1389) current event reporting, provided the source, including the author's name, is acknowledged,
`(cid:1389) quotations for purposes such as criticism or review, provided the source, including the author's
`name, is acknowledged,
`(cid:1389) use necessary for the purposes of "public security" or to the proper performance or reporting of
`"administrative, parliamentary or judicial proceedings",
`
`https://en.wikipedia.org/wiki/Copyright_Directive
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`Page 3 of 5
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`(cid:1389) use of political speeches and extracts of public lectures or similar works, provided the source,
`including the author's name, is acknowledged,
`(cid:1389) use during religious celebrations or official celebrations "organised by a public authority",
`(cid:1389) use of works such as architecture or sculpture located permanently in public places,
`(cid:1389) incidental inclusion of a work in other material,
`(cid:1389) the advertising the public exhibition or sale of artistic works
`(cid:1389) caricature, parody or pastiche,
`(cid:1389) for demonstration or repair of equipment,
`(cid:1389) use of an artistic work, drawing or plan of a building for the purposes of reconstruction,
`(cid:1389) for non-commercial research or private study
`
`According to Article 5(5) copyright exceptions may only be "applied in certain special cases which do
`not conflict with a normal exploitation of the work or other subject-matter and do not unreasonably
`prejudice the legitimate interests of the rightholder", therefore the directive confirms the Berne three-
`step test.
`
`Technological protection measures
`
`Article 6 of the Copyright Directive requires that Member States must provide "adequate legal
`protection" against the intentional circumvention of "effective technological measures" designed to
`prevent or restrict acts of copying not authorised by the rightholders of any copyright, related right or the
`sui generis right in databases (preamble paragraph 47). Member States must also provide "adequate legal
`protection" against the manufacture, import, distribution, sale, rental, advertisement, or possession "for
`commercial purposes of devices, products or components or the provision of services which":
`
`(cid:1389) are promoted, advertised or marketed for the purpose of circumvention of, or
`(cid:1389) have only a limited commercially significant purpose or use other than to circumvent, or
`(cid:1389) are primarily designed, produced, adapted or performed for the purpose of enabling or facilitating
`the circumvention of, any effective technological measures.
`
`In the absence of rightsholders taking voluntary measures the Directive provides that Member States
`must ensure that technological measures do not prevent uses permitted under Article 5 on copyright
`exceptions, see Article 6(4). Article 7 requires that Member States must provide "adequate legal
`protection" against the removal of rights management information metadata.
`
`Unlike Section 1201 of the Digital Millennium Copyright Act, which only prohibits circumvention of
`access control measures, the Copyright Directive also prohibits circumvention of copy protection
`measures, making it potentially more restrictive. In both the DMCA and the Copyright Directive,
`production, distribution etc. of equipment used to circumvent both access and copy-protection is
`prohibited. Under the DMCA, potential users who want to avail themselves of an alleged fair use
`privilege to crack copy protection (which is not prohibited) would have to do it themselves since no
`equipment would lawfully be marketed for that purpose. Under the Copyright Directive, this possibility
`would not be available since circumvention of copy protection is illegal.[4]
`
`Implementation by member states
`
`https://en.wikipedia.org/wiki/Copyright_Directive
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`Copyright Directive - Wikipedia, the free encyclopedia
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`Page 4 of 5
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`Member States had until 22 December 2002 to implement the Copyright Directive into their national
`laws. However, only Greece and Denmark met the deadline, while Italy, Austria, Germany and the UK
`implemented the directive in 2003. The remaining eight Member States (Belgium, Spain, France,
`Luxembourg, The Netherlands, Portugal, Finland and Sweden) were referred to the European Court of
`Justice for non-implementation. In 2004 Finland, the UK (with regards to Gibraltar), Belgium and
`Sweden were convicted for non-implementation.[5]
`
`National implementation measures include:
`
`(cid:1389) Czech Republic: the amendment No. 216/2006 Coll. of the Czech Copyright Act[1]
`(http://psp.cz/sqw/text/tiskt.sqw?O=4&CT=1111&CT1=0)
`(cid:1389) Finland: 2005 amendment to the Finnish Copyright Act and Penal Code
`(cid:1389) France: loi no 2006-961 du 1er août 2006 relative au droit d'auteur et aux droits voisins dans la
`société de l'information, better known as "DADVSI"
`(cid:1389) United Kingdom: Copyright and Related Rights Regulations 2003
`
`See also
`
`(cid:1389) Copyright law of the European Union
`(cid:1389) Digital Millennium Copyright Act
`(cid:1389) Deckmyn v Vandersteen (Case law regarding Parody definition)
`
`References
`
`1. Council Decision of 16 March 2000 on the approval, on behalf of the European Community, of the WIPO
`Copyright Treaty and the WIPO Performances and Phonograms Treaty (2000/278/EC), OJ no. L089 of 2000-
`04-11, pp. 6–7.
`2. Hugenholtz, Bernt (2000). "Why the Copyright Directive is Unimportant, and Possibly Invalid". European
`Intellectual Property Review: 501.
`3. For that, and contrary views: Ginsburg, Jane C., "Can Copyright Become User-Friendly? Essay Review of
`Jessica Litman, Digital Copyright" (Prometheus Books 2001)(October 6, 2001). Columbia-VLA Journal of
`Law & Arts, Vol. 25, No. 1, 2001. Available at SSRN: http://ssrn.com/abstract=288240 or
`doi:10.2139/ssrn.288240 (https://dx.doi.org/10.2139%2Fssrn.288240).
`4. * Patricia Akester, "Technological Accommodation of Conflicts between Freedom of Expression and DRM:
`The First Empirical Assessment" available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1469412
`(unveiling, in the context of the Copyright/Information Society Directive, through empirical lines of enquiry,
`(1) whether certain acts which are permitted by law are being adversely affected by the use of DRM and (2)
`whether technology can accommodate conflicts between freedom of expression and DRM - linking, thus,
`policy conclusions to empirical findings).
`5. "Implementation of the directive 2001/29/EC of the European Parliament and the Council of 22 May 2001 on
`the harmonization of certain aspects of copyright and related rights in the Information Society". Association
`of European Performers’ Organisations. Retrieved 9 Sep 2012.
`
`External links
`
`(cid:1389) Text of the Directive (as corrected) (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?
`uri=CELEX:32001L0029:EN:HTML)
`
`https://en.wikipedia.org/wiki/Copyright_Directive
`
`6/27/2016
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`Copyright Directive - Wikipedia, the free encyclopedia
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`Page 5 of 5
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`(cid:1389) EUCD - Copyright extensions that harm (http://www.fsfeurope.org/projects/eucd/eucd.en.html)
`by FSFE
`(cid:1389) EUCD materials (http://cyber.law.harvard.edu/media/eucd) from the Harvard Digital Media
`Project
`(cid:1389) EUCD.info (http://eucd.info/index.php?English-readers)
`
`Retrieved from "https://en.wikipedia.org/w/index.php?title=Copyright_Directive&oldid=704935531"
`
`Categories: Copyright law of the European Union European Union directives Copyright legislation
`2001 in law 2001 in the European Union
`
`(cid:1389) This page was last modified on 14 February 2016, at 14:53.
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`https://en.wikipedia.org/wiki/Copyright_Directive
`
`6/27/2016