IP/N/1/EU/C/1  
 
30 April 2013  
(13-2267)  Page: 1/12  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/anglais/inglés  
 
 MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND 
REGULATIONS NOTIFIED UNDER ARTICLE 63.2 
OF THE AGREEMENT 
EUROPEAN UNION1 
This document reproduces the text2 of Directive 2001/29/EC of the European Parliament and of the 
Council of 22 May 2001 on the harmon isation of certain aspects of copy right and related rights in the 
information society, as notified by the European  Union on 20 March 2013 under Article 63.2 of the 
Agreement (see document IP/N/1/EU/1).  
Conseil des aspects des droits de propriété 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET RÉGLEMENTATIONS CONSACRÉES À 
LA PROPRIÉTÉ INTELLECTUE LLE NOTIFIÉES AU TITRE 
DE L'ARTICLE 63:2 DE L'ACCORD 
UNION EUROPÉENNE1 
Le présent document contient le texte2 de la Directive 2001/29/CE du Pa rlement européen et du Conseil 
du 22 mai 2001 sur l'harmonisation de certains aspects du droit d'auteur et des droits voisins dans la 
société de l'information, notifiée  par l'Union européenne le 20 mars  2013 au titre de l'article 63:2 de 
l'Accord (voir le document IP/N/1/EU/1).  
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL PÁRRAFO 2 DEL ARTÍ CULO 63 DEL ACUERDO 
UNIÓN EUROPEA1 
En el presente documento se reproduce el texto2 de la Directiva 2001/29/CE  del Parlamento Europeo y 
del Consejo, de 22 de mayo de 2001,  relativa a la armonización de  determinados aspectos de los 
derechos de autor y derechos afines a los derechos de autor en la sociedad de la información, notificado 
por la Unión Europea el 20 de marzo de 2013 en virtud de lo dispuesto en  el párrafo 2 del artículo 63 del 
Acuerdo (véase el documento IP/N/1/EU/1).  
                                               
1 Texts of legislative instruments related to copyright and related rights notified earlier by the European 
Communities have been circulated in the IP/N/1/EEC/C/- series of documents./Les textes des instruments législatifs relatifs aux indications géographiques notifi és antérieurement par les Communautés européennes ont 
été distribués dans la série de documents IP/N/1/EEC/C/-. /Los textos de los instrume ntos legislativos relativos 
al derecho de autor y los derechos conexos notificado s anteriormente por las Comunidades Europeas se han 
distribuido en la serie de documentos IP/N/1/EEC/C/-. 
2 In English only./En anglais seulement./En inglés solamente. IP/N/1/EU/C/1 
 
- 2 - 
 
  PP 3-12 - Offset (Pdf file attached) 
PP 3 à 12 - Offset (fichier Pdf joint) PP 3-12 - Offset (fichero Pdf adjunto) EN OfficialJournaloftheEuropeanCommunities 22.6.2001 L167/10
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
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,
Having regard to the Treaty establishing the European
Community, and in particular Articles 47(2), 55 and 95thereof,
Having regard to the proposal from the Commission(
1),
Having regard to the opinion of the Economic and Social
Committee(2),
Acting in accordance with the procedure laid down in Article251 of the Treaty(
3),
Whereas:
(1)The Treaty provides for the establishment of an internalmarket and the institution of a system ensuring thatcompetition in the internal market is not distorted.Harmonisation of the laws of the Member States oncopyright and related rights contributes to the achieve-ment of these objectives.
(2)The European Council, meeting at Corfu on 24 and 25June 1994, stressed the need to create a general andflexible legal framework at Community level in order tofoster the development of the information society inEurope. This requires, inter alia, the existence of an
internal market for new products and services. Impor-tant Community legislation to ensure such a regulatoryframework is already in place or its adoption is wellunder way. Copyright and related rights play an impor-tantroleinthiscontextastheyprotectandstimulatethedevelopment and marketing of new products andservices and the creation and exploitation of their crea-tive content.
(3)The proposed harmonisation will help to implement thefour freedoms of the internal market and relates tocompliance with the fundamental principles of law andespecially of property, including intellectual property,and freedom of expression and the public interest.
(4)A harmonised legal framework on copyright and relatedrights, through increased legal certainty and whileproviding for a high level of protection of intellectualproperty, will foster substantial investment in creativityand innovation, including network infrastructure, andlead in turn to growth and increased competitiveness ofEuropean industry, both in the area of content provisionand information technology and more generally across awide range of industrial and cultural sectors. This willsafeguard employment and encourage new job creation.
(5)Technological development has multiplied and diversi-fied the vectors for creation, production and exploita-tion. While no new concepts for the protection of intel-lectual property are needed, the current law on copy-right and related rights should be adapted and supple-mentedtorespondadequatelytoeconomicrealitiessuchas new forms of exploitation.
(6)Without harmonisation at Community level, legislativeactivities at national level which have already beeninitiated in a number of Member States in order torespond to the technological challenges might result insignificant differences in protection and thereby inrestrictions on the free movement of services and prod-ucts incorporating, or based on, intellectual property,leading to a refragmentation of the internal market andlegislative inconsistency. The impact of such legislativedifferences and uncertainties will become more signifi-cant with the further development of the informationsociety, which has already greatly increased transborderexploitation of intellectual property. This developmentwill and should further increase. Significant legal differ-ences and uncertainties in protection may hinder econo-mies of scale for new products and services containingcopyright and related rights.
(7)The Community legal framework for the protection ofcopyright and related rights must, therefore, also beadapted and supplemented as far as is necessary for thesmooth functioning of the internal market. To that end,thosenationalprovisionsoncopyrightandrelatedrightswhich vary considerably from one Member State toanother or which cause legal uncertainties hindering thesmooth functioning of the internal market and theproper development of the information society inEurope should be adjusted, and inconsistent nationalresponses to the technological developments should beavoided, whilst differences not adversely affecting thefunctioning of the internal market need not be removedor prevented.
(8)The various social, societal and cultural implications ofthe information society require that account be taken ofthe specific features of the content of products andservices.(1) OJ C 108, 7.4.1998, p. 6 and
OJ C 180, 25.6.1999, p. 6.
(2) OJ C 407, 28.12.1998, p. 30.
(3) Opinion of the European Parliament of 10 February 1999 (OJ C
150, 28.5.1999, p. 171), Council Common Position of 28
September 2000 (OJ C 344, 1.12.2000, p. 1) and Decision of theEuropean Parliament of 14 February 2001 (not yet published in theOfficial Journal). Council Decision of 9 April 2001.
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(9)Any harmonisation of copyright and related rights must
take as a basis a high level of protection, since suchrights are crucial to intellectual creation. Their protec-tion helps to ensure the maintenance and developmentof creativity in the interests of authors, performers,producers,consumers,culture,industryandthepublicatlarge. Intellectual property has therefore been recognisedas an integral part of property.
(10)If authors or performers are to continue their creativeand artistic work, they have to receive an appropriatereward for the use of their work, as must producers inorder to be able to finance this work. The investmentrequired to produce products such as phonograms, filmsor multimedia products, and services such as ‘on-demand’ services, is considerable. Adequate legal protec-tion of intellectual property rights is necessary in orderto guarantee the availability of such a reward andprovide the opportunity for satisfactory returns on thisinvestment.
(11)A rigorous, effective system for the protection of copy-right and related rights is one of the main ways ofensuring that European cultural creativity and produc-tion receive the necessary resources and of safeguardingthe independence and dignity of artistic creators andperformers.
(12)Adequate protection of copyright works and subject-matter of related rights is also of great importance froma cultural standpoint. Article 151 of the Treaty requiresthe Community to take cultural aspects into account inits action.
(13)A common search for, and consistent application atEuropean level of, technical measures to protect worksand other subject-matter and to provide the necessaryinformation on rights are essential insofar as the ulti-mate aim of these measures is to give effect to theprinciples and guarantees laid down in law.
(14)This Directive should seek to promote learning andculture by protecting works and other subject-matterwhile permitting exceptions or limitations in the publicinterest for the purpose of education and teaching.
(15)The Diplomatic Conference held under the auspices ofthe World Intellectual Property Organisation (WIPO) inDecember 1996 led to the adoption of two new Trea-ties, the ‘WIPO Copyright Treaty’ and the ‘WIPO Perfor-mances and Phonograms Treaty’, dealing respectivelywith the protection of authors and the protection ofperformers and phonogram producers. Those Treatiesupdate the international protection for copyright andrelated rights significantly, not least with regard to theso-called‘digitalagenda’,andimprovethemeanstofightpiracy world-wide. The Community and a majority ofMember States have already signed the Treaties and theprocess of making arrangements for the ratification oftheTreatiesbytheCommunityandtheMemberStatesisunder way. This Directive also serves to implement anumber of the new international obligations.
(16)Liability for activities in the network environmentconcerns not only copyright and related rights but alsoother areas, such as defamation, misleading advertising,or infringement of trademarks, and is addressed hori-zontallyinDirective2000/31/ECoftheEuropeanParlia-ment and of the Council of 8 June 2000 on certain legalaspectsofinformationsocietyservices,inparticularelec-tronic commerce, in the internal market (‘Directive onelectronic commerce’)(
1), which clarifies and harmonises
various legal issues relating to information societyservices including electronic commerce. This Directiveshouldbeimplementedwithinatimescalesimilartothatfor the implementation of the Directive on electroniccommerce, since that Directive provides a harmonisedframeworkofprinciplesandprovisionsrelevant inter alia
to important parts of this Directive. This Directive iswithout prejudice to provisions relating to liability inthat Directive.
(17)It is necessary, especially in the light of the requirementsarising out of the digital environment, to ensure thatcollecting societies achieve a higher level of rationalisa-tion and transparency with regard to compliance withcompetition rules.
(18)This Directive is without prejudice to the arrangementsin the Member States concerning the management ofrights such as extended collective licences.
(19)The moral rights of rightholders should be exercisedaccording to the legislation of the Member States andthe provisions of the Berne Convention for the Protec-tion of Literary and Artistic Works, of the WIPO Copy-right Treaty and of the WIPO Performances and Phono-grams Treaty. Such moral rights remain outside thescope of this Directive.
(20)This Directive is based on principles and rules alreadylaid down in the Directives currently in force in thisarea, in particular Directives 91/250/EEC(
2), 92/
100/EEC(3), 93/83/EEC(4), 93/98/EEC(5) and 96/9/
EC(6), and it develops those principles and rules and
places them in the context of the information society.TheprovisionsofthisDirectiveshouldbewithoutpreju-dice to the provisions of those Directives, unless other-wise provided in this Directive.
(1) OJ L 178, 17.7.2000, p. 1.
(2) Council Directive 91/250/EEC of 14 May 1991 on the legal protec-
tion of computer programs (OJ L 122, 17.5.1991, p. 42). Directive
as amended by Directive 93/98/EEC.
(3) Council Directive 92/100/EEC of 19 November 1992 on rental
right and lending right and on certain rights related to copyright inthe field of intellectual property (OJ L 346, 27.11.1992, p. 61).Directive as amended by Directive 93/98/EEC.
(
4) Council Directive 93/83/EEC of 27 September 1993 on the coordi-
nation of certain rules concerning copyright and rights related tocopyright applicable to satellite broadcasting and cable retransmis-sion (OJ L 248, 6.10.1993, p. 15).
(
5) Council Directive 93/98/EEC of 29 October 1993 harmonising the
term of protection of copyright and certain related rights (OJ L290, 24.11.1993, p. 9).
(
6) Directive 96/9/EC of the European Parliament and of the Council of
11 March 1996 on the legal protection of databases (OJ L 77,27.3.1996, p. 20).
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(21)This Directive should define the scope of the acts
covered by the reproduction right with regard to thedifferent beneficiaries. This should be done inconformity with the acquis communautaire. A broaddefinitionoftheseactsisneededtoensurelegalcertaintywithin the internal market.
(22)The objective of proper support for the dissemination ofculture must not be achieved by sacrificing strict protec-tion of rights or by tolerating illegal forms of distribu-tion of counterfeited or pirated works.
(23)This Directive should harmonise further the author'sright of communication to the public. This right shouldbe understood in a broad sense covering all communi-cation to the public not present at the place where thecommunication originates. This right should cover anysuch transmission or retransmission of a work to thepublic by wire or wireless means, including broad-casting. This right should not cover any other acts.
(24)The right to make available to the public subject-matterreferred to in Article 3(2) should be understood ascovering all acts of making available such subject-matterto members of the public not present at the place wherethe act of making available originates, and as notcovering any other acts.
(25)The legal uncertainty regarding the nature and the levelof protection of acts of on-demand transmission ofcopyright works and subject-matter protected by relatedrights over networks should be overcome by providingforharmonisedprotectionatCommunitylevel.Itshouldbe made clear that all rightholders recognised by thisDirective should have an exclusive right to make avail-able to the public copyright works or any other subject-matter by way of interactive on-demand transmissions.Such interactive on-demand transmissions are character-ised by the fact that members of the public may accessthem from a place and at a time individually chosen bythem.
(26)With regard to the making available in on-demandservices by broadcasters of their radio or televisionproductions incorporating music from commercialphonograms as an integral part thereof, collectivelicensing arrangements are to be encouraged in order tofacilitate the clearance of the rights concerned.
(27)The mere provision of physical facilities for enabling ormaking a communication does not in itself amount tocommunication within the meaning of this Directive.
(28)Copyright protection under this Directive includes theexclusive right to control distribution of the work incor-porated in a tangible article. The first sale in theCommunity of the original of a work or copies thereofby the rightholder or with his consent exhausts the rightto control resale of that object in the Community. Thisright should not be exhausted in respect of the originalor of copies thereof sold by the rightholder or with hisconsent outside the Community. Rental and lendingrights for authors have been established in Directive92/100/EEC. The distribution right provided for in thisDirective is without prejudice to the provisions relatingtotherentalandlendingrightscontainedinChapterIofthat Directive.
(29)The question of exhaustion does not arise in the case ofservices and on-line services in particular. This alsoapplies with regard to a material copy of a work orother subject-matter made by a user of such a servicewith the consent of the rightholder. Therefore, the sameapplies to rental and lending of the original and copiesof works or other subject-matter which are services bynature. Unlike CD-ROM or CD-I, where the intellectualproperty is incorporated in a material medium, namelyan item of goods, every on-line service is in fact an actwhich should be subject to authorisation where thecopyright or related right so provides.
(30)The rights referred to in this Directive may be trans-ferred, assigned or subject to the granting of contractuallicences, without prejudice to the relevant national legis-lation on copyright and related rights.
(31)A fair balance of rights and interests between thedifferent categories of rightholders, as well as betweenthe different categories of rightholders and users ofprotected subject-matter must be safeguarded. Theexisting exceptions and limitations to the rights as setout by the Member States have to be reassessed in thelight of the new electronic environment. Existing differ-ences in the exceptions and limitations to certainrestricted acts have direct negative effects on the func-tioning of the internal market of copyright and relatedrights. Such differences could well become morepronounced in view of the further development oftransborder exploitation of works and cross-borderactivities. In order to ensure the proper functioning ofthe internal market, such exceptions and limitationsshould be defined more harmoniously. The degree oftheir harmonisation should be based on their impact onthe smooth functioning of the internal market.
(32)ThisDirectiveprovidesforanexhaustiveenumerationofexceptions and limitations to the reproduction right andthe right of communication to the public. Some excep-tions or limitations only apply to the reproduction right,where appropriate. This list takes due account of thedifferent legal traditions in Member States, while, at thesame time, aiming to ensure a functioning internalmarket. Member States should arrive at a coherentapplication of these exceptions and limitations, whichwill be assessed when reviewing implementing legisla-tion in the future.
(33)The exclusive right of reproduction should be subject toan exception to allow certain acts of temporary repro-duction, which are transient or incidental reproductions,forming an integral and essential part of a technologicalprocess and carried out for the sole purpose of enablingeither efficient transmission in a network between thirdparties by an intermediary, or a lawful use of a work orother subject-matter to be made. The acts of reproduc-tion concerned should have no separate economic valueon their own. To the extent that they meet these condi-tions, this exception should include acts which enablebrowsing as well as acts of caching to take place,
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including those which enable transmission systems to
function efficiently, provided that the intermediary doesnot modify the information and does not interfere withthelawfuluseoftechnology,widelyrecognisedandusedby industry, to obtain data on the use of the informa-tion. A use should be considered lawful where it isauthorised by the rightholder or not restricted by law.
(34)Member States should be given the option of providingfor certain exceptions or limitations for cases such aseducational and scientific purposes, for the benefit ofpublic institutions such as libraries and archives, forpurposes of news reporting, for quotations, for use bypeople with disabilities, for public security uses and foruses in administrative and judicial proceedings.
(35)In certain cases of exceptions or limitations, rightholdersshould receive fair compensation to compensate themadequately for the use made of their protected works orother subject-matter. When determining the form,detailed arrangements and possible level of such faircompensation, account should be taken of the particularcircumstances of each case. When evaluating thesecircumstances,avaluablecriterionwouldbethepossibleharm to the rightholders resulting from the act in ques-tion. In cases where rightholders have already receivedpayment in some other form, for instance as part of alicence fee, no specific or separate payment may be due.The level of fair compensation should take full accountof the degree of use of technological protection meas-ures referred to in this Directive. In certain situationswhere the prejudice to the rightholder would beminimal, no obligation for payment may arise.
(36)The Member States may provide for fair compensationfor rightholders also when applying the optional provi-sions on exceptions or limitations which do not requiresuch compensation.
(37)Existing national schemes on reprography, where theyexist,donotcreatemajorbarrierstotheinternalmarket.Member States should be allowed to provide for anexception or limitation in respect of reprography.
(38)Member States should be allowed to provide for anexception or limitation to the reproduction right forcertain types of reproduction of audio, visual and audio-visual material for private use, accompanied by faircompensation. This may include the introduction orcontinuation of remuneration schemes to compensatefor the prejudice to rightholders. Although differencesbetween those remuneration schemes affect the func-tioning of the internal market, those differences, withrespect to analogue private reproduction, should nothave a significant impact on the development of theinformation society. Digital private copying is likely tobe more widespread and have a greater economicimpact. Due account should therefore be taken of thedifferences between digital and analogue private copyingand a distinction should be made in certain respectsbetween them.(39)When applying the exception or limitation on privatecopying, Member States should take due account oftechnological and economic developments, in particularwith respect to digital private copying and remunerationschemes, when effective technological protection meas-ures are available. Such exceptions or limitations shouldnot inhibit the use of technological measures or theirenforcement against circumvention.
(40)Member States may provide for an exception or limita-tion for the benefit of certain non-profit making estab-lishments, such as publicly accessible libraries andequivalent institutions, as well as archives. However, thisshould be limited to certain special cases covered by thereproduction right. Such an exception or limitationshould not cover uses made in the context of on-linedelivery of protected works or other subject-matter. ThisDirective should be without prejudice to the MemberStates' option to derogate from the exclusive publiclending right in accordance with Article 5 of Directive92/100/EEC. Therefore, specific contracts or licencesshouldbepromotedwhich,withoutcreatingimbalances,favour such establishments and the disseminativepurposes they serve.
(41)When applying the exception or limitation in respect ofephemeral recordings made by broadcasting organ-isations it is understood that a broadcaster's own facili-ties include those of a person acting on behalf of andunder the responsibility of the broadcasting organ-isation.
(42)When applying the exception or limitation for non-commercial educational and scientific research purposes,including distance learning, the non-commercial natureof the activity in question should be determined by thatactivity as such. The organisational structure and themeans of funding of the establishment concerned arenot the decisive factors in this respect.
(43)It is in any case important for the Member States toadoptallnecessarymeasurestofacilitateaccesstoworksby persons suffering from a disability which constitutesan obstacle to the use of the works themselves, and topay particular attention to accessible formats.
(44)When applying the exceptions and limitations providedfor in this Directive, they should be exercised in accord-ance with international obligations. Such exceptions andlimitations may not be applied in a way which preju-dices the legitimate interests of the rightholder or whichconflicts with the normal exploitation of his work orother subject-matter. The provision of such exceptionsor limitations by Member States should, in particular,duly reflect the increased economic impact that suchexceptions or limitations may have in the context of thenew electronic environment. Therefore, the scope ofcertain exceptions or limitations may have to be evenmore limited when it comes to certain new uses ofcopyright works and other subject-matter.
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(45)The exceptions and limitations referred to in Article
5(2), (3) and (4) should not, however, prevent the defini-tion of contractual relations designed to ensure faircompensation for the rightholders insofar as permittedby national law.
(46)Recourse to mediation could help users and rightholdersto settle disputes. The Commission, in cooperation withthe Member States within the Contact Committee,should undertake a study to consider new legal ways ofsettling disputes concerning copyright and related rights.
(47)Technological development will allow rightholders tomake use of technological measures designed to preventor restrict acts not authorised by the rightholders of anycopyright, rights related to copyright or the sui generis
right in databases. The danger, however, exists thatillegal activities might be carried out in order to enableor facilitate the circumvention of the technical protec-tion provided by these measures. In order to avoid frag-mented legal approaches that could potentially hinderthe functioning of the internal market, there is a need toprovide for harmonised legal protection against circum-vention of effective technological measures and againstprovision of devices and products or services to thiseffect.
(48)Such legal protection should be provided in respect oftechnological measures that effectively restrict acts notauthorised by the rightholders of any copyright, rightsrelated to copyright or the sui generisright in databases
without, however, preventing the normal operation ofelectronic equipment and its technological development.Such legal protection implies no obligation to designdevices, products, components or services to correspondto technological measures, so long as such device,product, component or service does not otherwise fallunder the prohibition of Article 6. Such legal protectionshould respect proportionality and should not prohibitthose devices or activities which have a commerciallysignificant purpose or use other than to circumvent thetechnical protection. In particular, this protection shouldnot hinder research into cryptography.
(49)The legal protection of technological measures iswithout prejudice to the application of any nationalprovisions which may prohibit the private possession ofdevices, products or components for the circumventionof technological measures.
(50)Such a harmonised legal protection does not affect thespecific provisions on protection provided for byDirective 91/250/EEC. In particular, it should not applyto the protection of technological measures used inconnection with computer programs, which is exclu-sively addressed in that Directive. It should neitherinhibit nor prevent the development or use of anymeans of circumventing a technological measure that isnecessary to enable acts to be undertaken in accordancewith the terms of Article 5(3) or Article 6 of Directive91/250/EEC. Articles 5 and 6 of that Directive exclu-sively determine exceptions to the exclusive rightsapplicable to computer programs.
(51)The legal protection of technological measures applieswithout prejudice to public policy, as reflected in Article5, or public security. Member States should promotevoluntary measures taken by rightholders, including theconclusion and implementation of agreements betweenrightholders and other parties concerned, to accommo-date achieving the objectives of certain exceptions orlimitations provided for in national law in accordancewith this Directive. In the absence of such voluntarymeasures or agreements within a reasonable period oftime, Member States should take appropriate measuresto ensure that rightholders provide beneficiaries of suchexceptions or limitations with appropriate means ofbenefiting from them, by modifying an implementedtechnological measure or by other means. However, inorder to prevent abuse of such measures taken by right-holders, including within the framework of agreements,or taken by a Member State, any technological measuresapplied in implementation of such measures shouldenjoy legal protection.
(52)When implementing an exception or limitation forprivate copying in accordance with Article 5(2)(b),Member States should likewise promote the use ofvoluntary measures to accommodate achieving theobjectives of such exception or limitation. If, within areasonable period of time, no such voluntary measuresto make reproduction for private use possible have beentaken,MemberStatesmaytakemeasurestoenablebene-ficiaries of the exception or limitation concerned tobenefit from it. Voluntary measures taken by right-holders, including agreements between rightholders andother parties concerned, as well as measures taken byMember States, do not prevent rightholders from usingtechnological measures which are consistent with theexceptions or limitations on private copying in nationallaw in accordance with Article 5(2)(b), taking account ofthe condition of fair compensation under that provisionand the possible differentiation between various condi-tions of use in accordance with Article 5(5), such ascontrolling the number of reproductions. In order topreventabuseofsuchmeasures,anytechnologicalmeas-ures applied in their implementation should enjoy legalprotection.
(53)The protection of technological measures should ensurea secure environment for the provision of interactiveon-demand services, in such a way that members of thepublic may access works or other subject-matter from aplace and at a time individually chosen by them. Wheresuch services are governed by contractual arrangements,thefirstandsecondsubparagraphsofArticle6(4)shouldnot apply. Non-interactive forms of online use shouldremain subject to those provisions.
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(54)Important progress has been made in the international
standardisation of technical systems of identification ofworks and protected subject-matter in digital format. Inan increasingly networked environment, differencesbetween technological measures could lead to an incom-patibility of systems within the Community. Compati-bility and interoperability of the different systems shouldbe encouraged. It would be highly desirable toencourage the development of global systems.
(55)Technologicaldevelopmentwillfacilitatethedistributionof works, notably on networks, and this will entail theneedforrightholderstoidentifybettertheworkorothersubject-matter, the author or any other rightholder, andto provide information about the terms and conditionsof use of the work or other subject-matter in order torender easier the management of rights attached tothem. Rightholders should be encouraged to use mark-ings indicating, in addition to the information referredto above, inter aliatheir authorisation when putting
works or other subject-matter on networks.
(56)There is, however, the danger that illegal activities mightbe carried out in order to remove or alter the electroniccopyright-management information attached to it, orotherwise to distribute, import for distribution, broad-cast,communicatetothepublicormakeavailabletothepublic works or other protected subject-matter fromwhich such information has been removed withoutauthority. In order to avoid fragmented legal approachesthat could potentially hinder the functioning of theinternal market, there is a need to provide for harmo-nised legal protection against any of these activities.
(57)Any such rights-management information systemsreferred to above may, depending on their design, at thesame time process personal data about the consumptionpatterns of protected subject-matter by individuals andallow for tracing of on-line behaviour. These technicalmeans, in their technical functions, should incorporateprivacy safeguards in accordance with Directive 95/46/EC of the European Parliament and of the Council of24 October 1995 on the protection of individuals withregard to the processing of personal data and the freemovement of such data(
1).
(58)Member States should provide for effective sanctionsand remedies for infringements of rights and obligationsas set out in this Directive. They should take all themeasures necessary to ensure that those sanctions andremedies are applied. The sanctions thus provided forshould be effective, proportionate and dissuasive andshould include the possibility of seeking damages and/orinjunctive relief and, where appropriate, of applying forseizure of infringing material.(59)In the digital environment, in particular, the services ofintermediaries may increasingly be used by third partiesfor infringing activities. In many cases such intermedia-ries are best placed to bring such infringing activities toan end. Therefore, without prejudice to any other sanc-tions and remedies available, rightholders should havethe possibility of applying for an injunction against anintermediary who carries a third party's infringement ofa protected work or other subject-matter in a network.This possibility should be available even where the actscarried out by the intermediary are exempted underArticle 5. The conditions and modalities relating to suchinjunctions should be left to the national law of theMember States.
(60)The protection provided under this Directive should bewithout prejudice to national or Community legal provi-sions in other areas, such as industrial property, dataprotection, conditional access, access to public docu-ments, and the rule of media exploitation chronology,which may affect the protection of copyright or relatedrights.
(61)In order to comply with the WIPO Performances andPhonograms Treaty, Directives 92/100/EEC and 93/98/EEC should be amended,
HAVE ADOPTED THIS DIRECTIVE:
CHAPTERI
OBJECTIVE AND SCOPE
Article 1
Scope
1. This Directive concerns the legal protection of copyrightandrelatedrightsintheframeworkoftheinternalmarket,withparticular emphasis on the information society.
2. ExceptinthecasesreferredtoinArticle11,thisDirective
shall leave intact and shall in no way affect existingCommunity provisions relating to:
(a) the legal protection of computer programs;
(b) rental right, lending right and certain rights related to
copyright in the field of intellectual property;
(c) copyright and related rights applicable to broadcasting of
programmes by satellite and cable retransmission;
(d) the term of protection of copyright and certain related
rights;
(e) the legal protection of databases.
(1) OJ L 281, 23.11.1995, p. 31.
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CHAPTERII
RIGHTS AND EXCEPTIONS
Article 2
Reproduction right
Member States shall provide for the exclusive right to authorise
or prohibit direct or indirect, temporary or permanent repro-duction by any means and in any form, in whole or in part:
(a) for authors, of their works;
(b) for performers, of fixations of their performances;
(c) for phonogram producers, of their phonograms;
(d) fortheproducersofthefirstfixationsoffilms,inrespectof
the original and copies of their films;
(e) for broadcasting organisations, of fixations of their broad-
casts, whether those broadcasts are transmitted by wire orover the air, including by cable or satellite.
Article 3
Right of communication to the public of works and right
of making available to the public other subject-matter
1. Member States shall provide authors with the exclusiveright to authorise or prohibit any communication to the publicof their works, by wire or wireless means, including themaking available to the public of their works in such a waythat members of the public may access them from a place andat a time individually chosen by them.
2. Member States shall provide for the exclusive right to
authorise or prohibit the making available to the public, bywire or wireless means, in such a way that members of thepublic may access them from a place and at a time individuallychosen by them:
(a) for performers, of fixations of their performances;
(b) for phonogram producers, of their phonograms;
(c) for the producers of the first fixations of films, of the
original and copies of their films;
(d) for broadcasting organisations, of fixations of their broad-
casts, whether these broadcasts are transmitted by wire orover the air, including by cable or satellite.
3. The rights referred to in paragraphs 1 and 2 shall not beexhausted by any act of communication to the public ormaking available to the public as set out in this Article.
Article 4
Distribution right
1. Member States shall provide for authors, in respect of theoriginal of their works or of copies thereof, the exclusive rightto authorise or prohibit any form of distribution to the publicby sale or otherwise.
2. The distribution right shall not be exhausted within the
Community in respect of the original or copies of the work,exceptwherethefirstsaleorothertransferofownershipintheCommunity of that object is made by the rightholder or withhis consent.
Article 5
Exceptions and limitations
1. Temporary acts of reproduction referred to in Article 2,which are transient or incidental [and] an integral and essentialpart of a technological process and whose sole purpose is toenable:
(a) a transmission in a network between third parties by an
intermediary, or
(b) a lawful use
of a work or other subject-matter to be made, and which have
no independent economic significance, shall be exempted fromthe reproduction right provided for in Article 2.
2. Member States may provide for exceptions or limitations
to the reproduction right provided for in Article 2 in thefollowing cases:
(a) in respect of reproductions on paper or any similar
medium, effected by the use of any kind of photographictechnique or by some other process having similar effects,with the exception of sheet music, provided that the right-holders receive fair compensation;
(b) in respect of reproductions on any medium made by a
natural person for private use and for ends that are neitherdirectly nor indirectly commercial, on condition that therightholders receive fair compensation which takes accountof the application or non-application of technologicalmeasures referred to in Article 6 to the work or subject-matter concerned;
(c) in respect of specific acts of reproduction made by publicly
accessiblelibraries,educationalestablishmentsormuseums,or by archives, which are not for direct or indirecteconomic or commercial advantage;
(d) in respect of ephemeral recordings of works made by
broadcasting organisations by means of their own facilitiesand for their own broadcasts; the preservation of theserecordings in official archives may, on the grounds of theirexceptional documentary character, be permitted;
(e) in respect of reproductions of broadcasts made by social
institutions pursuing non-commercial purposes, such ashospitals or prisons, on condition that the rightholdersreceive fair compensation.
3. Member States may provide for exceptions or limitationsto the rights provided for in Articles 2 and 3 in the followingcases:
(a) use for the sole purpose of illustration for teaching or
scientific research, as long as the source, including theauthor's name, is indicated, unless this turns out to beimpossible and to the extent justified by the non-commer-cial purpose to be achieved;
(b) uses, for the benefit of people with a disability, which are
directly related to the disability and of a non-commercialnature, to the extent required by the specific disability;
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(c) reproductionbythepress,communicationtothepublicor
making available of published articles on current
economic, political or religious topics or of broadcastworks or other subject-matter of the same character, incases where such use is not expressly reserved, and as longas the source, including the author's name, is indicated, oruse of works or other subject-matter in connection withthe reporting of current events, to the extent justified bythe informatory purpose and as long as the source,including the author's name, is indicated, unless this turnsout to be impossible;
(d) quotations for purposes such as criticism or review,
provided that they relate to a work or other subject-matterwhich has already been lawfully made available to thepublic, that, unless this turns out to be impossible, thesource, including the author's name, is indicated, and thattheir use is in accordance with fair practice, and to theextent required by the specific purpose;
(e) use for the purposes of public security or to ensure the
proper performance or reporting of administrative, parlia-mentary or judicial proceedings;
(f) use of political speeches as well as extracts of public
lectures or similar works or subject-matter to the extentjustified by the informatory purpose and provided that thesource, including the author's name, is indicated, exceptwhere this turns out to be impossible;
(g) use during religious celebrations or official celebrations
organised by a public authority;
(h) use of works, such as works of architecture or sculpture,
made to be located permanently in public places;
(i) incidental inclusion of a work or other subject-matter in
other material;
(j) use for the purpose of advertising the public exhibition or
sale of artistic works, to the extent necessary to promotethe event, excluding any other commercial use;
(k) use for the purpose of caricature, parody or pastiche;
(l) use in connection with the demonstration or repair of
equipment;
(m) use of an artistic work in the form of a building or a
drawing or plan of a building for the purposes of recon-structing the building;
(n) use by communication or making available, for the
purpose of research or private study, to individualmembers of the public by dedicated terminals on thepremises of establishments referred to in paragraph 2(c) ofworks and other subject-matter not subject to purchase orlicensing terms which are contained in their collections;
(o) use in certain other cases of minor importance where
exceptions or limitations already exist under national law,provided that they only concern analogue uses and do notaffect the free circulation of goods and services within theCommunity,withoutprejudicetotheotherexceptionsandlimitations contained in this Article.
4. Where the Member States may provide for an exceptionor limitation to the right of reproduction pursuant to para-graphs 2 and 3, they may provide similarly for an exception orlimitation to the right of distribution as referred to in Article 4to the extent justified by the purpose of the authorised act ofreproduction.
5. The exceptions and limitations provided for in para-
graphs 1, 2, 3 and 4 shall only be applied in certain specialcases which do not conflict with a normal exploitation of thework or other subject-matter and do not unreasonably preju-dice the legitimate interests of the rightholder.
CHAPTERIII
PROTECTION OF TECHNOLOGICAL MEASURES AND RIGHTS-
MANAGEMENT INFORMATION
Article 6
Obligations as to technological measures
1. Member States shall provide adequate legal protectionagainst the circumvention of any effective technological meas-ures, which the person concerned carries out in the knowledge,or with reasonable grounds to know, that he or she is pursuingthat objective.
2. Member States shall provide adequate legal protection
against the manufacture, import, distribution, sale, rental,advertisement for sale or rental, or possession for commercialpurposes of devices, products or components or the provisionof services which:
(a) are promoted, advertised or marketed for the purpose of
circumvention of, or
(b) haveonlyalimitedcommerciallysignificantpurposeoruse
other than to circumvent, or
(c) are primarily designed, produced, adapted or performed for
the purpose of enabling or facilitating the circumventionof,
any effective technological measures.
3. For the purposes of this Directive, the expression ‘techno-
logical measures’ means any technology, device or componentthat, in the normal course of its operation, is designed toprevent or restrict acts, in respect of works or other subject-matter, which are not authorised by the rightholder of anycopyright or any right related to copyright as provided for bylaw or the sui generis right provided for in Chapter III of
Directive 96/9/EC. Technological measures shall be deemed‘effective’ where the use of a protected work or other subject-matter is controlled by the rightholders through application ofan access control or protection process, such as encryption,scrambling or other transformation of the work or othersubject-matter or a copy control mechanism, which achievesthe protection objective.
4. Notwithstanding the legal protection provided for in
paragraph 1, in the absence of voluntary measures taken byrightholders, including agreements between rightholders andother parties concerned, Member States shall take appropriatemeasures to ensure that rightholders make available to thebeneficiary of an exception or limitation provided for innational law in accordance with Article 5(2)(a), (2)(c), (2)(d),
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(2)(e), (3)(a), (3)(b) or (3)(e) the means of benefiting from that
exception or limitation, to the extent necessary to benefit fromthat exception or limitation and where that beneficiary haslegal access to the protected work or subject-matter concerned.
A Member State may also take such measures in respect of a
beneficiary of an exception or limitation provided for inaccordance with Article 5(2)(b), unless reproduction for privateuse has already been made possible by rightholders to theextent necessary to benefit from the exception or limitationconcerned and in accordance with the provisions of Article5(2)(b) and (5), without preventing rightholders from adoptingadequate measures regarding the number of reproductions inaccordance with these provisions.
The technological measures applied voluntarily by rightholders,
including those applied in implementation of voluntary agree-ments, and technological measures applied in implementationof the measures taken by Member States, shall enjoy the legalprotection provided for in paragraph 1.
The provisions of the first and second subparagraphs shall not
apply to works or other subject-matter made available to thepubliconagreedcontractualtermsinsuchawaythatmembersof the public may access them from a place and at a timeindividually chosen by them.
When this Article is applied in the context of Directives 92/
100/EEC and 96/9/EC, this paragraph shall apply mutatis
mutandis.
Article 7
Obligations concerning rights-management information
1. Member States shall provide for adequate legal protectionagainst any person knowingly performing without authorityany of the following acts:
(a) the removal or alteration of any electronic rights-manage-
ment information;
(b) the distribution, importation for distribution, broadcasting,
communication or making available to the public of worksor other subject-matter protected under this Directive orunder Chapter III of Directive 96/9/EC from which elec-tronic rights-management information has been removedor altered without authority,
if such person knows, or has reasonable grounds to know, thatby so doing he is inducing, enabling, facilitating or concealingan infringement of any copyright or any rights related tocopyright as provided by law, or of the sui generis right
provided for in Chapter III of Directive 96/9/EC.
2. For the purposes of this Directive, the expression ‘rights-
management information’ means any information provided byrightholders which identifies the work or other subject-matterreferred to in this Directive or covered by the sui generisright
provided for in Chapter III of Directive 96/9/EC, the author orany other rightholder, or information about the terms andconditions of use of the work or other subject-matter, and anynumbers or codes that represent such information.The first subparagraph shall apply when any of these items ofinformation is associated with a copy of, or appears in connec-tion with the communication to the public of, a work or othersubjectmatter referred to in this Directive or covered by the sui
generisright provided for in Chapter III of Directive 96/9/EC.
CHAPTERIV
COMMON PROVISIONS
Article 8
Sanctions and remedies
1. Member States shall provide appropriate sanctions andremedies in respect of infringements of the rights and obliga-tions set out in this Directive and shall take all the measuresnecessary to ensure that those sanctions and remedies areapplied. The sanctions thus provided for shall be effective,proportionate and dissuasive.
2. Each Member State shall take the measures necessary to
ensure that rightholders whose interests are affected by aninfringing activity carried out on its territory can bring anaction for damages and/or apply for an injunction and, whereappropriate, for the seizure of infringing material as well as ofdevices, products or components referred to in Article 6(2).
3. Member States shall ensure that rightholders are in a
position to apply for an injunction against intermediarieswhose services are used by a third party to infringe a copyrightor related right.
Article 9
Continued application of other legal provisions
This Directive shall be without prejudice to provisionsconcerning in particular patent rights, trade marks, designrights, utility models, topographies of semi-conductor prod-ucts, type faces, conditional access, access to cable of broad-casting services, protection of national treasures, legal depositrequirements, laws on restrictive practices and unfaircompetition, trade secrets, security, confidentiality, data protec-tion and privacy, access to public documents, the law ofcontract.
Article 10
Application over time
1. The provisions of this Directive shall apply in respect ofall works and other subject-matter referred to in this Directivewhich are, on 22 December 2002, protected by the MemberStates' legislation in the field of copyright and related rights, orwhich meet the criteria for protection under the provisions ofthis Directive or the provisions referred to in Article 1(2).
2. This Directive shall apply without prejudice to any acts
concluded and rights acquired before 22 December 2002.
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Article 11
Technical adaptations
1. Directive 92/100/EEC is hereby amended as follows:
(a) Article 7 shall be deleted;
(b) Article 10(3) shall be replaced by the following:
‘3. The limitations shall only be applied in certain
special cases which do not conflict with a normal exploita-tion of the subject-matter and do not unreasonably preju-dice the legitimate interests of the rightholder.’
2. Article 3(2) of Directive 93/98/EEC shall be replaced bythe following:
‘2. The rights of producers of phonograms shall expire50 years after the fixation is made. However, if the phono-gram has been lawfully published within this period, thesaid rights shall expire 50 years from the date of the firstlawful publication. If no lawful publication has taken placewithintheperiodmentionedinthefirstsentence,andifthephonogram has been lawfully communicated to the publicwithinthisperiod,thesaidrightsshallexpire50yearsfromthe date of the first lawful communication to the public.
However, where through the expiry of the term of protec-
tion granted pursuant to this paragraph in its versionbefore amendment by Directive 2001/29/EC of the Euro-peanParliamentandoftheCouncilof22May2001ontheharmonisation of certain aspects of copyright and relatedrights in the information society(*) the rights of producersof phonograms are no longer protected on 22 December2002, this paragraph shall not have the effect of protectingthose rights anew.
(*) OJ L 167, 22.6.2001, p. 10.’
Article 12
Final provisions
1. Not later than 22 December 2004 and every threeyears thereafter, the Commission shall submit to the Euro-pean Parliament, the Council and the Economic and SocialCommittee a report on the application of this Directive, inwhich,inter alia, on the basis of specific information
supplied by the Member States, it shall examine in particularthe application of Articles 5, 6 and 8 in the light of thedevelopment of the digital market. In the case of Article 6,it shall examine in particular whether that Article confers asufficient level of protection and whether acts which arepermitted by law are being adversely affected by the use ofeffective technological measures. Where necessary, in partic-ular to ensure the functioning of the internal marketpursuant to Article 14 of the Treaty, it shall submitproposals for amendments to this Directive.
2. Protection of rights related to copyright under this
Directive shall leave intact and shall in no way affect theprotection of copyright.3. A contact committee is hereby established. It shall becomposed of representatives of the competent authorities ofthe Member States. It shall be chaired by a representative ofthe Commission and shall meet either on the initiative ofthe chairman or at the request of the delegation of aMember State.
4. The tasks of the committee shall be as follows:
(a) to examine the impact of this Directive on the func-
tioning of the internal market, and to highlight any diffi-
culties;
(b) to organise consultations on all questions deriving from
the application of this Directive;
(c) to facilitate the exchange of information on relevant
developments in legislation and case-law, as well as rele-vant economic, social, cultural and technological develop-ments;
(d) to act as a forum for the assessment of the digital
market in works and other items, including privatecopying and the use of technological measures.
Article 13
Implementation
1. Member States shall bring into force the laws, regula-tions and administrative provisions necessary to comply withthis Directive before 22 December 2002. They shall forth-with inform the Commission thereof.
When Member States adopt these measures, they shall
contain a reference to this Directive or shall be accompaniedby such reference on the occasion of their official publica-tion. The methods of making such reference shall be laiddown by Member States.
2. Member States shall communicate to the Commission
the text of the provisions of domestic law which they adoptin the field governed by this Directive.
Article 14
Entry into force
This Directive shall enter into force on the day of its publi-cation in the Official Journal of the European Communities.
Article 15
Addressees
This Directive is addressed to the Member States.
Done at Brussels, 22 May 2001.
For the European Parliament
The President
N. FONTAINEFor the Council
The President
M. WINBERG
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