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Copyright in the Information society
Directive 2001/29/ECThe objectives of the Directive on the harmonisation of certain aspects of copyright and related rights in the information society (2001/29/EC) are to adapt legislation on copyright and related rights to reflect technological developments and to transpose into Community law the main international obligations arising from the two treaties on copyright and related rights adopted within the framework of the World Intellectual Property Organisation (WIPO) in December 1996. It is an essential building block for the Information Society. The final text is a result of over three years of thorough discussion and an example of co-decision making where the European Parliament, the Council and the Commission have all had a decisive input.
See also: Private copying levies Green Paper on the online distribution of audiovisual works (13.07.2011)The Green Paper looks at the ways in which the audiovisual sector is changing in response to technology developments and consumer expectations. It invites stakeholders to comment on the challenges and opportunities facing audiovisual media service providers, and in particular whether the regulatory and legal framework poses barriers to the cross border availability of online services in the EU. The Green Paper focuses in particular on the copyright licensing framework, and discusses a number of regulatory approaches to licensing. In addition, it looks at the remuneration of authors and performers for the online use of their works; and deals with certain special uses of audiovisual works.
Communication on Copyright in the Knowledge Economy (19.10.2009)The European Commission adopted a Communication on Copyright in the Knowledge Economy aiming to tackle the important cultural and legal challenges of mass-scale digitisation and dissemination of books, in particular of European library collections. Digital libraries such as Europeana will provide researchers and consumers across Europe with new ways to gain access to knowledge. For this, however, the EU will need to find a solution for orphan works, whose uncertain copyright status means they often cannot be digitised. Improving the distribution and availability of works for persons with disabilities, particularly the visually impaired, is another cornerstone of the Communication.
Green Paper on copyright in the knowledge economy (16.07.2008)The Green Paper focuses on the role of copyright in fostering dissemination of knowledge for research, science and education. The Green Paper is intended as the starting point for a structured debate on the long-term future of copyright policy in these fields. Copyright policy has increasingly emerged as a transversal issue, involving not only the internal market and cultural policies but also information society, competition and consumer interests. The Green Paper is an attempt to organise this debate and point to future challenges in fields that have not been a focal point up to now, e.g. scientific and scholarly publishing, and the role of libraries, researchers and the persons with a disability.
Application Report (30.11.2007)Below is the first report on the application of the Directive on the harmonisation of certain aspects of copyright and related rights in the information society (2001/29/EC). The report examines the application of Articles 5, 6 and 8 of the Directive in light of the development of the digital market. Article 5 is concerned with exceptions and limitations provided by the Directive, Article 6 is concerned with the obligation to protect against the circumvention of technological measures, while Article 8 is concerned with sanctions and remedies in respect of infringements of the rights and obligations set out in the Directive. The report assesses how Articles 5, 6 and 8 have been transposed by the Member States and applied by the national courts.
Public consultations and hearingsPublic Hearing on Audiovisual Productions (Brussels, 13.12.2010)On December 13, 2010, the European Commission convened a public hearing on audiovisual productions and the online distribution of audiovisual works in the EU. The hearing contributed towards the preparation of a Green Paper on online distribution of audiovisual works, as announced in the Digital Agenda for Europe (COM (2010) 245). The hearing was organised in three panels:
Presentations:
Public consultation on “Content Online” (October 2009)The digital "dematerialisation" of content presents great opportunities for Europe, but also a number of challenges. First of all, obstacles still stand in the way of digital distribution of cultural products and services. In addition, illegal downloads on a large scale can jeopardize the development of an economically viable single market for digital content. Finally, there needs to be much more encouragement for legal cross-border offers. The consultation paper outlines the existing challenges for three groups of stakeholders – rightholders, consumers and commercial users – in order to start a reflection on possible European responses. With this public consultation the Commission’s services launched a wide-ranging debate on how to develop vibrant online markets for goods and services protected by intellectual property rights. The consultation addressed the role of legal online markets and explored a variety of copyright management models that may induce a more rapid development of such markets.
Other documentsAccess to copyright works for people with print disabilities – Memorandum of understandingThe aim of the Memorandum of Understanding (MoU) on access to works by people with print disabilities is to increase the number of works published in special formats and facilitate their distribution across the European Union. The MoU is the first result of a Stakeholder Dialogue which was set up in December 2009 upon a recommendation of the Commission’s Communication on Copyright in the Knowledge Economy (COM(2009)532 final). The Stakeholder Dialogue is comprised of representatives of the right-holder community (publishers, authors, collecting societies) and interested parties such as associations for blind and dyslexic persons. The MoU fosters a pragmatic approach and aims to support publishers’ efforts to produce accessible content, to develop a network of Trusted intermediaries in all EU Member States and stimulate the creation of an online European accessible e-books service. Stakeholders recognise that the MoU is only a first step in ensuring general access to all print material to people with print disabilities and have therefore included monitoring and success measures. The Commission will continue to facilitate the Stakeholder Dialogue during its implementation.
Out-of-commerce worksMemorandum of UnderstandingThe aim of the Memorandum of Understanding (MoU) on Key Principles on the Digitisation and Making Available of Out-of-Commerce Works is to facilitate the digitisation and making available by European libraries and similar institutions of books and learned journals in their collections which are out-of-commerce. The MoU will serve as a blueprint for collective licensing agreements negotiated amongst rightholders, libraries and collecting societies. The MoU is a result of a Stakeholder Dialogue which was launched in November 2010. It forms part of the Commission's overall objectives in the Digital Agenda for Europe and the Strategy on Intellectual Property Rights to further the development of digital libraries in Europe and provide the widest possible access to our cultural heritage. The Stakeholder Dialogue brought together representatives of the right-holders community (publishers and authors), libraries and collecting societies. Out-of-commerce works are works that are still protected by copyright but are no longer available in customary channels of commerce. The MoU deals specifically with books and learned journals. The Key Principles contained in the MoU will encourage and underpin voluntary licensing agreements to allow cultural institutions to digitise and make available online these type of works while fully respecting copyright.
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