15.115 copyright (EU)

From: by way of Willard McCarty (willard@lists.village.Virginia.EDU)
Date: Wed Jun 27 2001 - 03:00:39 EDT

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                   Humanist Discussion Group, Vol. 15, No. 115.
           Centre for Computing in the Humanities, King's College London

             Date: Wed, 27 Jun 2001 07:54:24 +0100
             From: NINCH-ANNOUNCE <david@ninch.org>
             Subject: European Directive on Harmonization of Copyright

    News on Networking Cultural Heritage Resources
    from across the Community
    June 26, 2001

                    European Directive on Harmonization of Copyright


    Here is an announcement of surely an important Directive of the European
    Parliament and the Council of the European Union on Copyright
    Harmonization. I trust we will be hearing some commentary on this in the
    next few months and any implications for U.S. deliberations.

    I will hazard a few comments on my own on this 9-page document.

    Key elements appear to be:

    * the recognition of the need for harmonization of European law for the
    smooth operation of the European "internal market"

    * a recognition of the importance of strong copyright enforcement, enabled
    by "technological measures," yet also strongly recognizing the key
    importance of exceptions and limitations (see Article 5)

    * a strong statement on culture -- see item 14 in the Preamble:
    "This directive should seek to promote learning and culture by protecting
    works and other subject-matter while permitting exceptions or limitations
    in the public interest for the purpose of education and teaching"

    -- also the statement that "Article 151 of the Treaty requires the
    Community to take cultural aspects into account in its action"

    * concern over safeguarding "a fair balance of rights and interests between
    the different categories of rightholders, as well as between the different
    categories of rightholders and users of protected subject-matter" (Item 31
    in preamble)

    * Under "technological measures" used to protect copyrighted material,
    there is an interesting statement that it is a responsibility of
    rightholders who implement technological measures that they "make available
    to the beneficiary of an exception or limitation provided for in national
    law...the means of benefiting from that exception or limitation to the
    extent necessary to benefit from that exception or limitation..." Article 6.

    I leave it to others to further comment on the implications for US and
    global thinking on these matters.

    David Green

    >From: Carmen Morlon <morlon@nblc.nl>
    >Organization: Eblida
    >To: eblida-list@kaapeli.fi, celip-list@kaapeli.fi,
    > ecup-list@kaapeli.fi
    >Date: Mon, 25 Jun 2001 11:44:32 +0200
    Dear all,

    *********************Apologies for cross-posting*************************

    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 was
    published on the Official Journal on 22 June 2001 (OJ No 2001/L
    167/010 p. 10), available at: http://europa.eu.int/eur-lex/



    Carmen Morlon, EU Information Officer
    PO Box 43300
    2504 AH The Hague
    The Netherlands
    Tel: +31 70 3090608
    Fax: +31 70 3090708
    email: morlon@nblc.nl
    Lobbying for Libraries


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