European Directive on Harmonization of Copyright

Subject: European Directive on Harmonization of Copyright
NINCH-ANNOUNCE (david@ninch.org)
Date: Tue, 26 Jun 2001 11:14:17 -0400

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Message-Id: <a05100310b75d579e845b@[192.100.21.22]>
Date: Tue, 26 Jun 2001 11:14:17 -0400
To: ninch-announce@cni.org
From: NINCH-ANNOUNCE <david@ninch.org>
Subject: European Directive on Harmonization of Copyright

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

               European Directive on Harmonization of Copyright
         http://europa.eu.int/eur-lex/en/oj/2001/l_16720010622en.html

  http://europa.eu.int/eur-lex/en/dat/2001/l_167/l_16720010622en00100019.pdf

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, cultivate-list@ukoln.ac.uk,
> ecup-list@kaapeli.fi
>Date: Mon, 25 Jun 2001 11:44:32 +0200
>Subject: Copyright directive - OJ L 167/10 of 22 June 2001

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/

Regards,

Carmen

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

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"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"

From: Carmen Morlon <morlon@nblc.nl>

Organization: Eblida

To: eblida-list@kaapeli.fi, celip-list@kaapeli.fi, cultivate-list@ukoln.ac.uk,

        ecup-list@kaapeli.fi

Date: Mon, 25 Jun 2001 11:44:32 +0200

Subject: Copyright directive - OJ L 167/10 of 22 June 2001

-- 

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