Forwarded from the NINCH list.
>>> NINCH-ANNOUNCE <[log in to unmask]> 06/26/01 11:14AM >>>
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
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