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Copyright and related rights in the information society: harmonisation of certain aspects |
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ACT
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.
SUMMARY
Unless otherwise provided, the Directive applies without prejudice to existing provisions relating to:
the legal protection of computer programs;
rental and lending rights and certain rights related to copyright in the field of intellectual property;
copyright and related rights applicable to broadcasting of programmes by satellite and cable retransmission;
the term of protection of copyright and certain related rights;
the legal protection of databases.
The Directive deals with three main areas: reproduction rights, the right of communication and distribution rights.
Reproduction rights
Member States are to provide for the exclusive right to authorise or prohibit direct or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part:
for authors, of the original and copies of their works;
for performers, of fixations of their performances;
for phonogram producers, of their phonograms;
for the producers of the first fixation of films, in respect of the original and copies of their films;
for broadcasting organisations, of fixations of their broadcasts, whether those broadcasts are transmitted by wire or over the air, including by cable or satellite.
Right of communication
Member States are to provide authors with the exclusive right to authorise or prohibit any communication to the public of copies of their works, including the making available to the public of their works in such a way that members of the public may access them from a place and at a time individually chosen by them.
The same applies as regards the making available to the public of protected works in such a way that members of the public may access them from a place and at a time individually chosen by them:
for performers, of fixations of their performances;
for phonogram producers, of their phonograms;
for the producers of the first fixation of films, in respect of the original and copies of their films;
for broadcasting organisations, of fixations of their broadcasts - regardless of the method of transmission.
Distribution rights
The Directive harmonises for authors the exclusive right of distribution to the public of their works or copies thereof. This distribution right is exhausted where the first sale or first other transfer of ownership in the Community of a copy is made by the rightholder or with his consent.
Exemptions and limitations
The Directive lays down a number of exceptions to the right of reproduction and the right of communication (Article 5).
Mandatory exception to the right of reproduction
A mandatory exception to the right of reproduction is introduced in respect of certain temporary acts of reproduction which are integral to a technological process, the purpose of which is to enable the lawful use or transmission in a network between third parties by an intermediary of a work or other subject-matter and which has no separate economic significance.
The Directive also makes provision for other non-mandatory exceptions to the rights of reproduction or communication. In these cases, they are accorded at national level by the Member State concerned.
Rights of reproduction and communication
The exceptions and limitations relating to the rights of reproduction and communication are optional and particularly concern the "public" domain. For three of these exceptions - reprography, private use and broadcasts made by social institutions - the rightholders are to receive fair compensation.
The exceptions or limitations to distribution rights are granted depending on the exceptions relating to reproduction or communication.
Legal protection
The Member States are obliged to provide legal protection against the circumvention of any effective technological measures covering works or any other subject matter. This legal protection also relates to "preparatory acts" such as the manufacture, import, distribution, sale or provision of services for works with limited uses. Nevertheless, for some exceptions and limitations, in the absence of voluntary measures taken by rightholders, Member States are to ensure the implementation of an exception or limitation for those who may benefit from it. The Member States may also take such measures with regard to the exception for private use, unless reproduction for private use has already been made possible by rightholders.
Protection of rights-management information
Member States are to provide for legal protection against any person knowingly performing without authority any of the following acts:
the removal or alteration of any electronic rights-management information;
the distribution, broadcasting, communication or making available to the public of works or other protected subject matter from which electronic rights-management information has been removed.
Penalties and redress
Member States are required to provide for appropriate penalties and remedies in respect of infringement of the Directive.
No retrospective effect
All works and subject-matter covered must be protected by the Member States' copyright law or meet the criteria for protection laid down in Community law by 22 December 2002.
Amendment of existing measures
The Directive amends Directives 92/100/EEC on rental right and lending right and 93/98/EEC harmonising the term of copyright protection, in order to transpose into Community law the new international obligations in the field.
Background
The objective is to transpose at Community level the main international obligations under the two treaties on copyright and related rights , adopted in December 1996 within the framework of the World Intellectual Property Organisation (WIPO).
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