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Enrico BOSELLI (PES, I)Report on the information society: copyright and
related rightsDoc.: A5-0043/2001Procedure : Codecision procedure (2nd
reading)Debate : 13.02.01Vote: 14.02.01
Parliament today approved with a number of amendments the Council's common
position on the harmonisation of copyright in the information society. The
aim of the directive is to update EU legislation on copyright to take
account of new technologies and to implement international obligations
arising from two treaties adopted under the auspices of the World
Intellectual Property Organisation (WIPO) in December 1996.
Under the text, as approved, authors, performers, producers and broadcasting
organisations will in principle enjoy exclusive rights regarding the
reproduction, communication and dissemination of their work. However, there
will be certain exceptions and limitations as well.
Under one such exception, the only one applicable compulsorily in all Member
States, temporary acts of reproduction will be allowed where these are
transient or incidental and form an integral and essential part of a
technological process.In addition, Member States will have the option of
introducing exceptions or limitations to the principle of authors' rights to
take account of the interests of the public, the industry and certain
specific categories (e.g. persons with disabilities) or of certain purposes
(reproduction by the press, religious purposes) or of the need to promote
scientific research and artistic works. In some cases these exceptions or
limitations are only allowed on condition that the rightholder receives
'fair compensation'; in others again, that the source, including the
author's name, is indicated.
In addition, Member States will have the option of introducing exceptions or
limitations to the principle of authors' rights to take account of the
interests of the public, the industry and certain specific categories (e.g.
persons with disabilities) or of certain purposes (reproduction by the
press, religious purposes) or of the need to promote scientific research and
artistic works. In some cases these exceptions or limitations are only
allowed on condition that the rightholder receives 'fair compensation'; in
others again, that the source, including the author's name, is indicated.
Parliament's amendments focused primarily on these exceptions and
limitations. For example, MEPs want to alter the wording of the exception to
the exclusive rights of rightholders concerning the reproduction of their
work on any medium, by stipulating that this refers only to natural persons
acting for private use and for ends that are neither 'directly or indirectly
commercial' (the Council's common position refers only to 'non-commercial
ends' in general). This amendment is designed to strengthen the protection
of rightholders while at the same time allowing individuals to make copies
for private use.
Other amendments seek to reverse the burden of responsibility by tightening
up the wording of certain exceptions so as to restrict their scope and
protect authors' rights better. Thus, Council's common position lays down,
in four cases where reproduction is allowed (e.g. for teaching or scientific
research or for criticism or review purposes), that the source, including
the author's name, should be indicated 'whenever possible'. This leaves the
door open to a whole range of violations. Parliament wants this rule
reversed, by stipulating that the source should always be indicated 'except
where it proves impossible'.
Finally, Parliament wants to shorten the deadline for the directive's entry
into force from 24 months, as proposed by Council, to 18 months, so that it
can come into force at the same time as the electronic commerce directive.
Before the vote numerous MEPs declared a financial interest, with Richard
CORBETT (PES, Yorkshire and the Humber) pointing out that this information
was contained in the Parliament's own book and this would now be placed on
the Internet.
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