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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
- 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
- UNESCO's Collection of National Copyright Laws
- 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
European Commission
- Commission Staff Working Paper on the review of the EC legal framework in the field of copyright and related rights June 19, 2004
- 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)
- Stefan Bechtold Digital Rights Management in the United States and Europe American Journal of Comparative Law, Vol. 52, pp. 323-382, 2004
- Ian Brown, The Evolution of Anti-Circumvention Law
- Natalie Helberger et al., Digital Rights Management and Consumer Acceptability, December 2004, INDICARE
- 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
- Urs Gasser, Legal Frameworks and Technological Protection of Digital Content: Moving Forward Towards a Best Practice Model, February 2006
- Standing Committee on Legal and Constitutional Affairs, House of Representatives, The Parliament of the Commonwealth of Australia, Review of technological protection measures exceptions Canberra, February 2006
- DMCA Section 104 Report, A Report of the Register of Copyrights Pursuant to § 104 of the Digital Millennium Copyright Act August 2001
The EUCD
| Belgium | Denmark | Finland | France | Germany | Greece | ... | ... | |
| Art. 1. Scope | ||||||||
| Art. 2. Reproduction right | ||||||||
| Art. 3. Right of communication to the public | ||||||||
| Art. 4. Distribution right | ||||||||
| Art. 5. E&L 1. must: Temporary acts of reproduction | ||||||||
| Art. 5. E&L 2. may: a. reproductions on paper | ||||||||
| Art. 5. E&L 2. may: b. private copy in any medium | ||||||||
| Art. 5. E&L 2. may: c. library copies | ||||||||
| Art. 5. E&L 2. may: d. ephemeral recordings by broadcasters | ||||||||
| etc. |
25 current EU members
- Belgium
- Denmark
- Finland
- France
- Germany
- Greece
- Luxembourg
- Netherlands
- Norway
- Portugal
- Spain
- Sweden
- United Kingdom
- ...
accession states
countries outside the EU implementing the WCT/WPPT
- Switzerland
- Australia
- USA
- ...
Project Leads
Contributors
- ...
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