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European Union (EU) - Copyright Directive

Following adoption of amendments requested by the European Parliament, the Council of Ministers of the European Union has adopted a directive that will require member states of the European Union to effect certain steps towards harmonization of their copyright laws and implementation of the WIPO Copyright Treaty and the WIPO Phonograms and Performances Treaty (see our July 1997 Newsletter).

The main requirements are set out below and must be implemented by the member states by late 2002.

(1) The reproduction right forming part of copyright is defined so as to cover "direct or indirect, temporary or permanent reproduction by any means and in any form" of a substantial number of works. This definition of copyright therefore clearly covers the making of temporary copies during the operation of a computer. The directive gives a safeguard for service providers telecommunications operators and some others for particular acts of reproduction which can be regarded as technical copies.

(2) Member states must give authors the right to control communication to the public of the originals of their works or copies thereof by wire or wireless means, with similar rights being given with respect to performers, phonogram producers, producers of the first fixation of films and broadcasting organizations.

(3) Member states are required to provide for a distribution right with respect to copyright works. This right is subject to exhaustion within the EU "where the first sale or other transfer of ownership in the Community of (the object in question) is made by the rightholder or with his consent".

(4) Member states are required to take the necessary steps to implement the WIPO Copyright Treaty to provide adequate legal protection against circumvention of any effective technological measures taken to protect copyright or similar rights and to prevent tampering with rights management information.


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© Copyright 2002 Ladas & Parry - Posted February 2002
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