Revision as of 17:13, 23 June 2006

EUCD Review and Implementation Wiki

PURPOSE

The purpose of this collaborative research effort is to identify best practice implementations of the European Union Copyright Directive (Directive 2001/29/EC) as legislated by EU Member States and compile them in a report. It should include the IPR enforcement directive and others from the acquis.

Examples of best practices include the following. Slovenia has the only EUCD implementation that allows circumvention for the exercise of copyright exceptions. Switzerland is not in the EU, but in its implementation of the WIPO Copyright Treaty (WCT) is currently debating to allow circumvention as well. Hungary has (had?) mandatory collective management for the making available right (see von Lewinski). France had passed a Global License along the same line but ended up doing away with it. In Sweden links to copyright infringing materials are not illegal. Germany allows making available for educational purposes in its §52a.

The report will be ready for the [Wizards of OS 4] on 14 - 16 September 2006 where a panel and a workshop will take place.

Preceding Work

• Euro-copyrights.org by a pan-European network of young copyright scholars, striving to educate as many people as possible about the implementation of the European Copyright Directive and copyright laws on an objective and easy to understand way.

• EUCD-Status Wiki by AEL Association Electronique Libre

• Ian Brown (ed.), Implementing the European Union Copyright Directive, by-country report from 2003

• Urs Gasser, Michael Girsberger, Transposing the Copyright Directive: Legal Protection of Technological Measures in EU-Member States. A Genie Stuck in the Bottle?, November 2004. An update page brings it up to June 2005.

• Link Collection by the Institut für Urheber- und Medienrecht Munich (in German / Stand vom 12. Juli 2004).

Other resources

• European Commission page on Copyright and Neighbouring Rights

• Commission Staff Working Paper on the review of the EC legal framework in the field of copyright and related rights June 19, 2004

• European Charter on Film Online, best practices for industry, worst practices for privacy.

• Gowers Report, will review the current IP framework in the UK.

• Bernt Hugenholtz, Why the Copyright Directive is Unimportant, and Possibly Invalid. Published in [2000] EIPR 11, p. 501-502

• Kenneth D. Crews/ Jacque Ramos, Comparative Analysis of International Copyright Law Applicable to University Scholarship

• iffro, Study on Reproduction Rights Organisations (RROs) in European Countries , Report, 22 June 2005

• EDRI, FIPR, VOSN, Response to the European Commission consultation on the review of the "acquis communautaire" in the field of copyright and related rights October 27, 2004

Technological Protection Measures

• Wencke Bäsler, Technological Protection Measures in the United States, the European Union and Germany, How much fair use do we need in the "Digital World"?, Virginia Journal of Law & Technology Vol. 8, Nr.13 (2003)

• Natalie Helberger et al., Digital Rights Management and Consumer Acceptability, December 2004, INDICARE

• Stefan Bechtold Digital Rights Management in the United States and Europe American Journal of Comparative Law, Vol. 52, pp. 323-382, 2004

• Gwen Hinze, EFF, Seven Lessons from a Comparison of the Technological Protection Measure Provisions of the FTAA, the DMCA, and recent bilateral Free Trade Agreements

The EUCD

25 current EU members

• Belgium
• Denmark
• Finland
• France
• Germany
• Greece
• Luxembourg
• Netherlands
• Norway
• Portugal
• Spain
• Sweden
• United Kingdom
• ...

accession states

• Bulgaria
• Rumania
• Ukraine
• Serbia
• Macedonia
• ...

countries outside the EU implementing the WCT/WPPT

• Switzerland
• Australia
• USA
• ...

Project Leads

• Urs Gasser
• Ian Brown

Contributors

• ...

Consult the User's Guide for information on using the wiki software.

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