European Union Copyright Directive
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European Union Copyright Directive
The copyright directive may refer to, in reverse chronological order, any of the following European Union directives: * Copyright in the Digital Single Market (2019) * Copyright Term Directive (2006) * Enforcement Directive (2004) * Re-use of public sector information directive (2003) * Counterfeit goods regulation (2003) * Resale Rights Directive (2001) * Information Society Directive (2001) * Electronic Commerce Directive 2000 (2000) * Conditional Access Directive (1998) * Database Directive (1996) * Copyright Duration Directive (1993) * Satellite and Cable Directive (1993) * Rental Directive (1992) * Computer Programs Directive (1991) ''Note that the Copyright in the Digital Single Market directive "updates but does not replace the 11 directives which together comprise the EU’s copyright legislation." '' See also * Copyright law of the European Union * European Union Directives * The U.S. Digital Millennium Copyright Act The Digital Millennium Copyright Act (DMCA) is a 1 ...
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Directive (European Union)
A directive is a legal act of the European Union that requires member states to achieve a particular result without dictating the means of achieving that result. Directives first have to be enacted into national law by member states before their laws are ruling on individuals residing in their countries. Directives normally leave member states with a certain amount of leeway as to the exact rules to be adopted. Directives can be adopted by means of a variety of legislative procedures depending on their subject matter. The text of a draft directive (if subject to the co-decision process, as contentious matters usually are) is prepared by the Commission after consultation with its own and national experts. The draft is presented to the Parliament and the Council—composed of relevant ministers of member governments, initially for evaluation and comment and then subsequently for approval or rejection. Justification There are justifications for using a directive rather than a ...
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Conditional Access Directive
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 of Rome. The Directive covers "conditional access services", which are defined as television or radio broadcasts or internet services to which "access ..in an intelligible form is made conditional upon prior individual authorisation" and payment. Examples are pay-per-view and encrypted television and internet sites which charge for access. Member States may not restrict the provision of conditional access services which originate in another Member State rt. 3(2) Devices intended to circumvent the access restrictions are prohibited (Art. 4). The convention formed the basis for the Conditional Access Convention, a convention of the Council of Europe, to which the European Unio ...
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Copyright Law Of The European Union
The copyright law of the European Union is the copyright law applicable within the European Union. Copyright law is largely harmonized in the Union, although country to country differences exist. The body of law was implemented in the EU through a number of directives, which the member states need to enact into their national law. The main copyright directives are the Copyright Term Directive, the Information Society Directive and the Directive on Copyright in the Digital Single Market. Copyright in the Union is furthermore dependent on international conventions to which the European Union or their member states are part of, such as TRIPS Agreement or the Berne Convention. History Attempts to harmonise copyright law in Europe (and beyond) can be dated to the signature of the Berne Convention for the Protection of Literary and Artistic Works on 9 September 1886: all European Union Member States are parties of the Berne Convention, and compliance with its dispositions is now ob ...
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Computer Programs Directive
The European Union Computer Programs Directive controls the legal protection of computer programs under the copyright law of the European Union. It was issued under the internal market provisions of the Treaty of Rome. The most recent version is Directive 2009/24/EC. History In Europe, the need to foster the computer software industry brought attention to the lack of adequate harmonisation among the copyright laws of the various EU nations with respect to such software. Economic pressure spurred the development of the first directive which had two goals (1) the harmonisation of the law and (2) dealing with the problems caused by the need for interoperability. The first EU Directive on the legal protection of computer programs was Council Directive 91/250/EEC of 14 May 1991. It required (Art. 1) that computer programs and any associated design material be protected under copyright as literary works within the sense of the Berne Convention for the Protection of Litera ...
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Rental Directive
Directive 92/100/EEC is a European Union directive in the field of copyright law, made under the internal market provisions of the Treaty of Rome. It creates a "rental and lending right" as a part of copyright protection, and sets out minimum standards of protection for the related rights of performers, phonogram and film producers and broadcasting organizations. Rental and lending right The following rightsholders have the exclusive right, subject to limitations, to authorize or prohibit the rental or lending of their works rt. 2(1) *authors in respect of the original and copies of their works (except buildings and applied art); *performers in respect of fixations of their performance; *phonogram producers in respect of his phonograms; and *producers of the first fixation of films in respect of the original and copies of their films. This list is limitative: Portugal has been censured by the European Court of Justice for creating a lending and rental right in favor of ...
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Satellite And Cable Directive
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 European Union. It was made under the internal market provisions of the Treaty of Rome. Satellite broadcasting An author has the exclusive right to authorise or to prohibit the broadcasting of his or her works by satellite (Art. 2). This right may only be subject to a compulsory licensing scheme when the satellite broadcast is simultaneous with a terrestrial broadcast rt. 3(2) Satellite broadcasting is assimilated to terrestrial broadcasting for the purposes of related rights (rights of performers, phonogram producers and broadcasting organisations) (Art. 4): the protection of these rights is governed by Directive 92/100/EEC. ...
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Copyright Duration Directive
Council Directive 93/98/EEC of 29 October 1993 harmonising the term of protection of copyright and certain related rights is a European Union directive in the field of EU copyright law, made under the internal market provisions of the Treaty of Rome. It was replaced by the 2006 Copyright Term Directive (2006/116/EC). Duration of protection The principal goal was to ensure that there was a single duration for copyright and related rights across the entire European Union. The chosen term for a work was 70 years from the death of the author (''post mortem auctoris'', pma) for authors' rights regardless of when the work was first lawfully published (Art. 1), longer than the 50-year ''post mortem auctoris'' term required by the Berne Convention for the Protection of Literary and Artistic Works (Art. 7.1 Berne Convention). In the case that the author is anonymous or pseudonymous the term for a work is 70 years from the date of first lawful publication. The directive notes ...
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Database Directive
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 directive of the European Union in the field of copyright law, made under the internal market provisions of the Treaty of Rome. It harmonises the treatment of databases under copyright law and the ''sui generis'' right for the creators of databases which do not qualify for copyright. the directive is being reviewed as part of a proposed Data Act. Public submissions closed on 25June 2021, Lead DG: CNECT/G1. Landing page for download given. Download name: 090166e5ddb6bc31.pdf. and a proposal for new harmonised rules on data was published on 23 February 2022. Definition of database Article 1(2) defines a database as "a collection of independent works, data or other materials arranged in a systematic or methodical way and individually accessible by electronic or other means". Non-electronic databases are also covered (para. 14 of the pre ...
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Electronic Commerce Directive 2000
The e-Commerce Directive, adopted in 2000, sets up an Internal Market framework for online services. Its aim is to remove obstacles to cross-border online services in the EU internal market and provide legal certainty for businesses and consumers. It establishes harmonized rules on issues such as the transparency and information requirements for online service providers; commercial communications; and electronic contracts and limitations of liability of intermediary service providers. Finally, the Directive encourages the drawing up of voluntary codes of conduct and includes articles to enhance cooperation between Member States. Twenty years after its passage, there is wide-ranging discussion within EU institutions about how to revise this directive in anticipation of the Digital Services Act. Historical background and aim of the Directive In the 1990s, when the general public started using the internet on a larger scale, the European Commission decided to set up a framework to r ...
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Directive On Copyright In The Digital Single Market
The Directive on Copyright in the Digital Single Market, formally the Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC is a European Union (EU) directive which has been adopted and came into force on 7 June 2019. It is intended to ensure "a well-functioning marketplace for copyright". It extends existing European Union copyright law and is a component of the EU's Digital Single Market project. The Council of the European Union describes their key goals with the Directive as protecting press publications; reducing the "value gap" between the profits made by Internet platforms and by content creators; encouraging collaboration between these two groups, and creating copyright exceptions for text- and data-mining. The directive was introduced by the European Parliament Committee on Legal Affairs on 20 June 2018, and a revised proposal w ...
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Information Society Directive
The Information Society Directive (familiarly when first proposed, the Copyright Directive) is a directive of the European Union that was enacted to implement the WIPO Copyright Treaty and to harmonise aspects of copyright law across Europe, such as copyright exceptions. The directive was first enacted in 2001 under the internal market provisions of the Treaty of Rome. The draft directive was subject to unprecedented lobbying and was considered a success for Europe's copyright laws. The 2001 directive gave EU Member States significant freedom in certain aspects of transposition. Member States had until 22 December 2002 to transpose the directive into their national laws, although only Greece and Denmark met the deadline. Provisions 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 ...
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Resale Rights Directive
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 Treaty of Rome. It creates a right under European Union law for artists to receive royalties on their works when they are resold. This right, often known by its French name ''droit de suite'', appears in the Berne Convention for the Protection of Literary and Artistic Works (as Art. 14ter) and already existed in many, but not all, Member States. As a result, there was a tendency for sellers of works of art to sell them in countries without ''droit de suite'' provisions (e.g. United Kingdom) to avoid paying the royalty. This was deemed to be a distortion of the internal market (paras. 8–11 of the preamble), leading to the Directive. Application of the ''droit de suite'' For the ''droit de suite'' to apply, ...
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