Proposal for a European Parliament and Council Directive on the harmonization of certain aspects of copyright and related rights in the Information Society
Date: 1997-12-10
Institutions: European Commission
Subjects: approximation of laws, copyright, information policy, new technology, single market

C 108/6

EN

Official  Journal  of  the  European  Communities

7.4.98

Proposal  for  a  European  Parliament  and  Council  Directive  on  the  harmonization  of  certain
aspects  of  copyright  and  related  rights  in  the  Information  Society

(98/C 108/03)

(Text  with  EEA  relevance)

COM(97)  628  final  —  97/0359  (COD)

(submitted  by  the  Commission  on  21  January  1998)

THE  EUROPEAN  PARLIAMENT  AND  THE  COUNCIL  OF
THE  EUROPEAN  UNION,

Having  regard  to  the  Treaty  establishing  the  European
Community,  and  in  particular  Articles  57(2),  66  and
100a  thereof,

Having  regard  to  the  proposal  from  the  Commission.

Having regard to the opinion of the Economic and Social
Committee,

Acting  in  accordance  with  the  procedure  laid  down  in
Article  189b  of  the  Treaty,

in 

innovation, 

including  network
creativity  and 
infrastructure,  and  lead  in  turn  to  growth  and
increased  competitiveness  of  European  industry,
both 
the  area  of  content  provision  and
information technology and more generally across a
industrial  and  cultural  sectors;
wide  range  of 
whereas 
this  will  safeguard  employment  and
encourage  new  job  creation;

(4) Whereas  technological  development  has  multiplied
and  diversified  the  vectors  for  creation,  production
and  exploitation;  whereas,  while  no  new  concepts
for  the  protection  of  intellectual  property  are
needed,  the  current  law  on  copyright  and  related
rights will have to be adapted and supplemented to
adequately  respond  to  economic  realities  such  as
new  forms  of  exploitation;

(1) Whereas  the  Treaty  provides  for  the  establishment
of  an  Internal  Market,  the  removal  of  barriers  to
the  free  movement  of  goods,  the  freedom  to
provide  services  and  the  right  of  establishment  and
the 
that
competition in the Internal Market is not distorted;
whereas  harmonization  of  the  laws  of  the  Member
States on copyright and related rights contributes to
the  achievement  of  these  objectives;

institution  of  a 

ensuring 

system 

(2) Whereas  the  European  Council,  meeting  at  Corfu
on  24  and  25  June  1994,  has  stressed  the  need  to
create  a  general  and  flexible  legal  framework  at
Community level in order to foster the development
of  the  Information  Society  in  Europe;  whereas  this
requires,  inter  alia,  the  existence  of  an  Internal
Market  for  new  products  and  services;  whereas
important  Community  legislation  to  ensure  such  a
regulatory  framework  is  already  in  place  or  is  well
underway;  whereas  copyright  and  related  rights
play  an  important  role  in  this  context  as  they
the  development  and
protect  and 
marketing  of  new  products  and  services  and  the
creation  and  exploitation  of  their  creative  content;

stimulate 

(3) Whereas  a  harmonized 

framework  on
copyright and related rights, through increased legal
in
certainty,  will  foster  substantial 

investment 

legal 

(5) Whereas,  without  harmonization  at  Community
level,  legislative  activities  at  national  level  which
have already been initiated in a number of Member
States  in  order  to  respond  to  the  technological
challenges  might  result  in  significant  differences  in
protection  and  thereby  in  restrictions  on  the  free
movement  of  services  and  products  incorporating,
or  based  on,  intellectual  property,  leading  to  a
Internal  Market  and
refragmentation  of 
legislative inconsistency; whereas the impact of such
legislative differences and uncertainties will become
more  significant  with  the  further  development  of
the  Information  Society,  which  has  already  greatly
increased  transborder  exploitation  of  intellectual
property; whereas this development will and should
further 
legal
differences  and  uncertainties  in  protection  may
hinder  economies  of  scale  for  new  products  and
services  containing  copyright  and  related  rights;

increase;  whereas 

significant 

the 

(6) Whereas  the  Community  legal  framework  for  the
legal  protection  of  copyright  and  related  rights
must,  therefore,  also  be  adapted  and  supplemented
as far as is necessary for the smooth functioning of
the  Internal  Market;  whereas,  to  that  end,  those
national  provisions  on  copyright  and  related  rights
which vary considerably from one Member State to
another  or  which 
legal  uncertainties
cause 
hindering  the  smooth  functioning  of  the  Internal

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inconsistent  national 

the  proper  development  of 

the
Market  and 
Information  Society  in  Europe  should  be  adjusted,
and 
the
technological  developments  should  be  avoided,
whilst  differences  not  adversely  affecting 
the
functioning  of  the  Internal  Market  need  not  be
removed  or  prevented;

responses 

to 

(7) Whereas  the  various  social,  societal  and  cultural
implications of the Information Society require that
account  be  taken  of  the  specific  features  of  the
content  of  products  and  services;

such 

since 

rights  are  crucial 

(8) Whereas  any  harmonization  of  copyright  and
related  rights  must  take  as  a  basis  a  high  level  of
protection, 
to
intellectual  creation;  whereas  their  protection  helps
to  ensure  the  maintenance  and  development  of
creativity  in  the  interests  of  authors,  performing
artists,  producers,  consumers,  culture,  industry  and
the  public  at  large;  whereas  intellectual  property
has therefore been recognized as an integral part of
property;

(9) Whereas  if  authors  or  performing  artists  are  to
continue  their  creative  and  artistic  work  they  have
to  receive  an  appropriate  reward  for  the  use  of
their  work;  whereas  the  investment  required  to
produce  products  such  as  phonograms,  films  or
multimedia  products,  and 
such  as
is  considerable;  whereas
‘on-demand’  services, 
adequate  legal  protection  of  intellectual  property
rights 
in  order  to  guarantee  the
availability  of  such  a  reward  and  provide  the
this
satisfactory 
opportunity 
investment;

is  necessary 

returns  on 

services 

for 

(10) Whereas  adequate  protection  of  copyright  works
and  subject  matter  of  related  rights  is  also  of  great
importance  from  a  cultural  standpoint;  whereas
Article  128  of  the  Treaty  requires  the  Community
to  take  cultural  aspects  into  account  in  its  action;

the 

the  World 

(11) Whereas the Diplomatic Conference held under the
auspices  of 
Intellectual  Property
Organization  (WIPO)  in  December  1996  led  to  the
‘WIPO
two  new  Treaties, 
adoption  of 
Copyright  Treaty’  and  the  ‘WIPO  Performances
and  Phonograms  Treaty’,  dealing  respectively  with
the  protection  of  authors  and  the  protection  of
performers  and  phonogram  producers;  whereas
those  Treaties  update  the  international  protection
for  copyright  and  related  rights  significantly,  not
least  with  regard  to  the  so-called  ‘digital  agenda’,
and  improve  the  means  to  fight  piracy  world-wide;
whereas the Community and a majority of Member
States  have  already  signed  the  Treaties  and  the
process of making arrangements for the ratification
of the Treaties by the Community and the Member

States  is  under  way;  whereas  this  Directive  also
serves 
the  new
implement  a  number  of 
international obligations;

to 

(12) Whereas  liability  for  activities  in  the  network
environment  concerns  not  only  copyright  and
related  rights  but  also  other  areas  it  will  be
addressed  horizontally 
the  context  of  a
forthcoming  directive  clarifying  and  harmonizing
various  legal  issues  relating  to  Information  Society
services,  including  electronic  commerce;  whereas
the latter initiative should come into force, as far as
possible,  within  a  time-scale  similar  to  that  of  this
Directive;

in 

(13) Whereas  the  provisions  of  this  Directive  should  be
without 
existing  Community
to 
provisions  in  the  area  of  copyright  and  related
rights,  unless  otherwise  provided  in  this  Directive;

prejudice 

(14) Whereas  this  Directive  should  define  the  scope  of
the  acts  covered  by  the  reproduction  right  with
regard  to  the  different  beneficiaries;  whereas  this
should  be  done  in  conformity  with  the  acquis
communautaire;  whereas  a  broad  definition  of
these acts is needed to ensure legal certainty within
the  Internal  Market;

(15) Whereas  this  Directive  should  harmonize  the  right
applicable  to  the  communication  to  the  public  of
works, where this has not yet been done by existing
Community legislation;

(16) Whereas  the  legal  uncertainty  regarding  the  nature
and  the  level  of  protection  of  acts  of  on-demand
transmission of copyright works and subject matter
protected by related rights over networks should be
overcome  by  providing  for  harmonized  protection
at  Community  level;  whereas  it  should  provide  all
rightholders  recognized  by  the  Directive  with  an
exclusive  right  to  make  available  to  the  public
copyright  works  or  any  other  subject  matter  by
transmissions;
way  of 
whereas  such  interactive  on-demand  transmissions
are  characterized  by  the  fact  that  members  of  the
public may access them from a place and at a time
individually  chosen  by  them;  whereas  this  right
does  not  cover  private  communication;

interactive  on-demand 

(17) Whereas the mere provision of physical facilities for
enabling  or  making  a  communication  does  not  in
itself amount to communication within the meaning
of  this  Directive;

(18) Whereas  copyright  protection  under  this  Directive
includes  the  exclusive  right  to  control  distribution
of  the  work  incorporated  in  a  tangible  article;

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7.4.98

whereas  the  first  sale  in  the  Community  of  the
original  of  a  work  or  copies  thereof  by  the
rightholder  or  with  his  consent  exhausts  the  right
to  control  resale  of  that  object  in  the  Community;
whereas  this  right  should  not  be  exhausted  in
respect  of  the  original  or  of  copies  thereof  sold  by
the  rightholder  or  with  his  consent  outside  the
Community;

(19) Whereas  the  question  of  exhaustion  does  not  arise
in  the  case  of  services  and  on-line  services  in
particular;  whereas  this  also  applies  with  regard  to
a  material  copy  of  a  work  or  other  subject  matter
made  by  a  user  of  such  a  service  with  the  consent
of  the  rightholder;  whereas,  unlike  CD-ROM  or
CD-I,  where 
is
incorporated in a material medium, namely an item
of  goods,  every  on-line  service  is  in  fact  an  act
which  will  have  to  be  subject  to  authorization
where  the  copyright  or  related  right  so  provides;

intellectual 

property 

the 

(20) Whereas the rights referred to in this Directive may
be transferred, assigned or subjected to the granting
of  contractual  licences,  without  prejudice  to  the
relevant  national 
legislation  on  copyright  and
related  rights;

the 

the 

safeguarded;  whereas 

limitations  and  exceptions 

(21) Whereas  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
must  be 
existing
exceptions  to  the  rights  as  set  out  by  the  Member
States  have  to  be  reassessed  in  the  light  of  the  new
electronic environment; whereas existing differences
in 
to  certain
restricted  acts  have  direct  negative  effects  on  the
functioning of the Internal Market of copyright and
related  rights;  whereas  such  differences  could  well
become  more  pronounced  in  view  of  the  further
development  of  transborder  exploitation  of  works
and  cross-border  activities;  whereas  in  order  to
ensure  the  proper  functioning  of  the  Internal
Market,  such  exceptions  should  be  defined  more
harmoniously;  whereas 
their
harmonization  should  be  based  on  their  impact  on
the  smooth  functioning  of  the  Internal  Market;

the  degree  of 

(22) Whereas  this  Directive  provides  for  an  exhaustive
enumeration  of  exceptions  to  the  reproduction
right and the right of communication to the public;
whereas  some  exceptions  only  apply 
the
reproduction right, where appropriate; whereas this
legal
list  takes  due  account  of  the  different 
traditions  in  Member  States,  while,  at  the  same
time,  aiming  to  ensure  a  functioning  Internal
Market;  whereas  it  is  desirable  that  Member  States

to 

should  arrive  at  a  coherent  application  of  these
exceptions,  which  will  be  assessed  when  reviewing
implementing  legislation  in  the  future;

(23) Whereas  the  exclusive  right  of  reproduction  should
be  subject  to  an  exception  to  allow  or  certain  acts
of  temporary  reproduction  which  are  made  as  part
of  a  technological  process  and  are  incidental  to,
and  made  for  the  sole  purpose  of  enabling  the  use
of  protected  subject  matter  and  which  have  no
separate  economic  value  on  their  own;  whereas
under 
this  exception  should
include  acts  of  caching  or  browsing;

these  conditions 

(24) Whereas Member States should be given the option
of providing for certain exceptions for cases such as
educational  and  scientific  purposes,  for  the  benefit
of public institutions such as libraries and archives,
for  purposes  of  news  reporting,  for  quotations,  for
use  by  people  with  disabilities,  for  public  security
uses  and  for  uses  in  administrative  and  judicial
proceedings;

(25) Whereas existing national schemes on reprography,
where they do exist, do not create major barriers to
the Internal Market; whereas Member States should
be allowed to provide for an exception in respect of
reprography;

to 

(26) Whereas  Member  States  should  be  allowed  to
provide  for  an  exception  to  the  reproduction  right
for  certain  types  of  reproduction  of  audio,  visual
and  audio-visual  material  for  private  use;  whereas
this  may  include  the  introduction  or  continuation
of  remuneration  schemes  to  compensate  for  the
rightholders;  whereas,  although
prejudice 
differences  between  those  remuneration  schemes
affect the functioning of the Internal Market, those
differences,  with  respect 
to  analogue  private
reproduction,  should  not  have  a  significant  impact
on  the  development  of  the  Information  Society;
whereas  digital  private  copying 
is  not  yet
widespread and its economic impact is still not fully
known;  whereas,  therefore,  it  appears  justifiable  to
refrain 
such
exceptions  at  this  stage;  whereas  the  Commission
will  closely  follow  market  developments  in  digital
private  copying  and  will  consult  interested  parties,
with  a  view  to  taking  appropriate  action;

further  harmonization  of 

from 

(27) Whereas,  when  applying  the  exception  on  private
copying, Member States should take due account of
in
technological  and  economic  developments, 
particular  with  respect  to  digital  private  copying
and 
effective
technological  protection  measures  are  available;

schemes,  when 

remuneration 

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whereas  such  exceptions  should  not  inhibit  the  use
of  technological  measures;

commercially  significant  purpose  or  use  other  than
to  circumvent  the  technical  protection;

for 

(28) Whereas  Member  States  may  provide  for  an
the  benefit  of  establishments
exception 
accessible  to  the  public,  such  as  non-profit-making
libraries  and  equivalent 
institutions;  whereas,
however,  this  should  be  limited  to  certain  special
cases  covered  by  the  reproduction  right;  whereas
such  an  exception  should  not  cover  uses  made  in
the  context  of  on-line  delivery  of  protected  works
or  other  subject  matter;  whereas  this  Directive
should  be  without  prejudice  to  Member  States’
option  to  derogate  from  the  exclusive  public
lending  right  in  accordance  with  Article  5  of
Council  Directive  92/100/EEC  of  19  November
1992  on  rental  right  and  lending  right  and  on
certain  rights  related  to  copyright  in  the  field  of
intellectual  property (1),  as  amended  by  Directive
93/98/EEC (2);

(31) Whereas such a harmonized legal protection should
not  inhibit  decompilation  permitted  by  Council
Directive 91/250/EEC of 14 May 1991 on the legal
protection  of  computer  programs (3),  as  amended
by  Directive  93/98/EEC;

(32) Whereas  important  progress  has  been  made  in  the
international  standardization  of  technical  systems
of  identification  of  works  and  protected  subject
matter in digital format; whereas, in an increasingly
between
networked 
technological  measures 
an
to 
incompatibility  of  systems  within  the  Community;
whereas  compatibility  and  interoperability  of  the
different  systems  should  be  encouraged;  whereas  it
the
would  be  highly  desirable 
development  of  global  systems;

differences 
lead 

to  encourage 

environment, 

could 

in 

be 

exercised 

(29) Whereas,  when  applying  those  exceptions,  they
accordance  with
should 
international  obligations;  whereas  such  exceptions
may  not  be  applied  in  a  way  which  prejudices  the
legitimate  interests  of  the  rightholder  or  which
conflicts  with  the  normal  exploitation  of  his  work
or  other  subject  matter;  whereas  the  provision  of
such  exceptions  by  Member  States  should,  in
particular,  duly  reflect  the 
increased  economic
impact  that  such  exceptions  may  have  in  the
the  new  electronic  environment;
context  of 
whereas,  therefore,  the  scope  of  certain  exceptions
may have to be even more limited when it comes to
certain  new  uses  of  copyright  works  and  other
subject  matter;

(30) Whereas  technological  development  will  allow
rightholders  to  make  use  of  technological  measures
designed  to  prevent  and  inhibit  the  infringement  of
any  copyright,  rights  related  to  copyright  or  sui
generis rights provided by law; whereas the danger,
however,  exists  that  illegal  activities  might  be
carried  out  in  order  to  enable  or  facilitate  the
circumvention  of  the  technical  protection  provided
by  these  measures;  whereas,  in  order  to  avoid
fragmented  legal  approaches  that  could  potentially
hinder the functioning of the Internal Market, there
is a need to provide for harmonized legal protection
against  any  activity  enabling  or  facilitating  the
circumvention  without  authority  of  such  measures;
whereas such a legal protection should be provided
to  technological  measures  that  effectively  inhibit
and/or  prevent  the  infringement  of  any  copyright,
rights  related  to  copyright  or  sui  generis  rights
provided  by  law;  whereas  such  legal  protection
should  respect  proportionality  and  should  not
prohibit  those  devices  or  activities  which  have  a

illegal  activities  might  be  carried  out 

(33) Whereas  technological  development  will  facilitate
the  distribution  of  works,  notably  on  networks,
and  this  will  entail  the  need  for  rightholders  to
better identify the work or other subject matter, the
author  or  any  other  rightholder,  and  to  provide
information  about  the  terms  and  conditions  of  use
of  the  work  or  other  subject  matter  in  order  to
render  easier  the  management  of  rights  attached
to  them;  whereas,  there  is,  however,  the  danger
that 
in
electronic
order 
copyright-management  information  attached  to  it,
or  otherwise  to  distribute,  import  for  distribution,
broadcast,  communicate  to  the  public  or  make
available  to  the  public  copies  from  which  such
information  has  been  removed  without  authority;
legal
whereas 
approaches 
the
functioning  of  the  Internal  Market,  there  is  a  need
to  provide  for  harmonized  legal  protection  against
any  of  those  activities;

that  could  potentially  hinder 

remove  or 

fragmented 

to  avoid 

in  order 

alter 

the 

to 

(34) Whereas  any  such  rights-management  information
referred  to  above  may,  depending  on  their  design,
at  the  same  time  process  personal  data  about  the
consumption  patterns  of  protected  subject  matter
by  individuals  and  allow  for  tracing  of  on-line
behaviour;  whereas  these  technical  means,  in  their
incorporate  privacy
technical  functions,  should 
safeguards in accordance with European Parliament
and  Council  Directive  95/46/EC  of  24  October
1995  on  the  protection  of  individuals  with  regard
to  the  processing  of  personal  data  and  the  free
movement  of  such  data (4);

(35) Whereas  this  Directive  is  without  prejudice  to  the
application  of  European  Parliament  and  Council

(1) OJ  L  346,  27.11.1992,  p.  61.
(2) OJ  L  290,  24.11.1993,  p.  9.

(3) OJ  L  122,  17.5.1991,  p.  42.
(4) OJ  L  281,  23.11.1995,  p.  31.

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Directive  . . ./. . ./EC  of  . . .  concerning  the  legal
protection  of  services  based  on,  or  consisting  of,
conditional  access (5);

CHAPTER  II

RIGHTS  AND  EXCEPTIONS

(36) Whereas  Member  States 

should  provide 

for
effective  sanctions  and  remedies  for  infringements
of rights and obligations as set out in this Directive;
whereas  they  shall  take  all  the  measures  necessary
to  ensure  that  those  sanctions  and  remedies  are
applied;  whereas  the  sanctions  thus  provided  for
shall  be  effective,  proportionate  and  dissuasive;

(37) Whereas,  in  order  to  comply  with  the  WIPO
Performers  and  Phonograms  Treaty,  Directives
92/100/EEC  and  93/98/EEC  should  be  amended;

(38) Whereas,  after  a  period  of  two  years  following  the
implementation  of  this  Directive,  the
date  of 
Commission  should  report  on 
its  application;
whereas  this  report  should  examine  in  particular
whether the conditions set out in the Directive have
resulted  in  ensuring  a  proper  functioning  of  the
Internal  Market,  and  should  propose  action  if
necessary,

HAVE  ADOPTED  THIS  DIRECTIVE:

CHAPTER  I

OBJECTIVE  AND  SCOPE

Article  1

Scope

1.
This  Directive  concerns  the  legal  protection  of
copyright  and  related  rights  in  the  framework  of  the
the
Internal  Market,  with  particular  emphasis  on 
Information  Society.

2.
Unless otherwise provided, this Directive shall apply
without  prejudice  to  existing  Community  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 

to
broadcasting  of  programmes  by  satellite  and  cable
retransmission;

applicable 

related 

rights 

(d)

the  term  of  protection  of  copyright  and  certain
related  rights;

(e)

the  legal  protection  of  databases.

(5) OJ  L  . . ..

Article  2

Reproduction  right

Member  States  shall  provide  for  the  exclusive  right  to
authorize  or  prohibit  direct  or  indirect,  temporary  or
permanent  reproduction  by  any  means  and  in  any  form,
in  whole  or  in  part:

(a)

for  authors,  of  the  original  and  copies  of  their
works;

(b)

for  performers,  of  fixations  of  their  performances;

(c)

for  phonogram  producers,  of  their  phonograms;

(d)

for  the  producers  of  the  first  fixations  of  films,  in
respect  of  the  original  and  copies  of  their  films,  and

(e)

for  broadcasting  organizations,  of  fixations  of  their
broadcasts, whether those broadcasts are transmitted
by  wire  or  over  the  air,  including  by  cable  or
satellite.

Article  3

Right of communciation to the public, including the right
of  making  available  works  or  other  subject  matter

to 

right 

authorize 

1. Member  States  shall  provide  authors  with  the
exclusive 
any
communication  to  the  public  of  originals  and  copies  of
their  works,  by  wire  or  wireless  means,  including  the
making  available  to  the  public  of  their  works  in  such  a
way that members of the public may access them from a
place  and  at  a  time  individually  chosen  by  them.

prohibit 

or 

2. Member  States  shall  provide  for  the  exclusive  right
to  authorize  or  prohibit  the  making  available  to  the
public,  by  wire  or  wireless  means,  in  such  a  way  that
members of the public may access them from a place and
at  a  time  individually  chosen  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,  and

(d)

for  broadcasting  organizations,  of  fixations  of  their
broadcasts, whether these broadcasts are transmitted
by  wire  or  over  the  air,  including  by  cable  or
satellite.

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The  rights  referred  to  in  paragraphs  1  and  2  shall
3.
not  be  exhausted  by  any  act  of  communication  to  the
public  of  a  work  and  other  subject  matter  as  set  out  in
paragraph  2,  including  their  being  made  available  to  the
public.

Article  4

Distribution  right

1. Member  States  shall  provide  authors,  in  respect  of
the  original  of  their  works  or  of  copies  thereof,  with  the
exclusive  right  to  any  form  of  distribution  to  the  public
by  sale  or  otherwise.

2.
The distribution right shall not be exhausted within
the  Community  in  respect  of  the  original  of  their  works
or  of  copies  thereof,  except  where  the  first  sale  or  other
transfer of ownership in the Community of that object is
made  by  the  rightholder  or  with  his  consent.

Article  5

Exceptions  to  the  restricted  acts  set  out  in  Articles  2
and  3

1.
Temporary  acts  of  reproduction  referred  to  in
Article  2  which  are  an  integral  part  of  a  technological
process  for  the  sole  purpose  of  enabling  use  to  be  made
of  a  work  or  other  subject  matter,  and  having  no
independent  economic  significance,  shall  be  exempted
from  the  right  set  out  in  Article  2.

2. Member  States  may  provide  for  limitations  to  the
exclusive  right  of  reproduction  provided  for  in  Article  2
in  the  following  cases:

(a)

(b)

(c)

in  respect  of  reproductions  on  paper  or  any  similar
medium,  effected  by  the  use  of  any  kind  of
photographic  technique  or  by  some  other  process
having  similar  effects;

in  respect  of  reproductions  on  audio,  visual  or
audio-visual  recording  media  made  by  a  natural
person  for  private  use  and  for  non-commercial
ends;

in  respect  of  specific  acts  of  reproduction  made  by
establishments accessible to the public, which are not
for  direct  or 
indirect  economic  or  commercial
advantage;

3. Member  States  may  provide  for  limitations  to  the
rights  referred  to  in  Articles  2  and  3  in  the  following
cases:

indicated  and 
non-commercial  purpose  to  be  achieved;

the  extent 

to 

justified  by 

the

(b)

for  uses  for  the  benefit  of  visually-impaired  or
hearing-impaired  persons,  which  are  directly  related
to the disability and of a non-commercial nature and
to  the  extent  required  by  the  specific  disability;

(c) use  of  excerpts  in  connection  with  the  reporting  of
current events, as long as the source is indicated, and
to  the  extent  justified  by  the  informatory  purpose;

(d) quotations  for  purposes  such  as  criticism  or  review,
provided  that  they  relate  to  a  work  or  other  subject
lawfully  made
matter  which  has  already  been 
available  to  the  public,  that  the  source  is  indicated,
and that their use is in accordance with fair practice,
and  to  the  extent  required  by  the  specific  purpose;

(e) use  for  the  purposes  of  public  security  or  for  the
the  proper  performance  of  an

purposes  of 
administrative  or  judicial  procedure.

4.
The  exceptions  and  limitations  provided  for  in
paragraphs  1,  2  and  3  shall  only  be  applied  to  certain
specific  cases  and  shall  not  be  interpreted  in  such  a  way
as  to  allow  their  application  to  be  used  in  a  manner
rightholders’
which 
legitimate 
the  normal
exploitation  of  their  works  or  other  subject  matter.

the 
interests  or  conflicts  with 

unreasonably 

prejudices 

CHAPTER  III

PROTECTION  OF  TECHNOLOGICAL  MEASURES  AND
RIGHTS-MANAGEMENT  INFORMATION

Article  6

Obligations  as  to  technological  measures

against 

activities, 

shall  provide  adequate 
1. Member  States 
legal
protection 
including 
any 
the
manufacture  or  distribution  of  devices  or 
the
limited
performance  of  services,  which  have  only 
commercially  significant  purpose  or  use  other  than
circumvention,  and  which  the  person  concerned  carries
out  in  the  knowledge,  or  with  reasonable  grounds  to
know, that they will enable or facilitate without authority
the circumvention of any effective technological measures
designed to protect any copyright or any rights related to
copyright  as  provided  by  law  or  the  sui  generis  right
provided  for  in  Chapter  III  of  European  Parliament  and
Council  Directive  96/9/EC (6).

(a) use  for  the  sole  purpose  of  illustration  for  teaching
or  scientific  research,  as  long  as  the  source  is

(6) OJ  L  77,  27.3.1996,  p.  20.

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The  expression  ‘technological  measures’,  as  used  in
2.
this  Aticle,  means  any  device,  product  or  component
incorporated  into  a  process,  device  or  product  designed
to prevent or inhibit the infringement of any copyright or
any rights related to copyright as provided by law or the
sui  generis  right  provided  for  in  Chapter  III  of  Directive
96/9/EC.  Technological  measures  shall  only  be  deemed
‘effective’  where  the  work  or  other  subject  matter  is
rendered  accessible  to  the  user  only  through  application
of  an  access  code  or  process,  including  by  decryption,
descrambling  or  other  transformation  of  the  work  or
other  subject  matter,  with 
the
rightholders;

the  authority  of 

Article  7

Obligations  concerning  rights-management
information

1. Member  States  shall  provide  for  adequate  legal
protection  against  any  person  performing  without
authority  any  of  the  following  acts:

(a)

removal  or  alteration  of  any  electronic

the 
rights-management  information;

(b)

the  distribution, 
for  distribution,
importation 
broadcasting, communication or making available to
the public, of copies of works or other subject matter
protected  under  this  Directive  or  under  Chapter  III
of  Directive  96/9/EC 
electronic
rights-management information has been removed or
altered  without  authority,

from  which 

if  such  person  knows,  or  has  reasonable  grounds  to
know,  that  by  so  doing  he  is  inducing,  enabling  or
facilitating an infringement of any copyright or any rights
related  to  copyright  as  provided  by  law,  or  of  the  sui
generis  right  provided  for  in  Chapter  III  of  Directive
96/9/EC.

2.
The expression ‘rights-management information’, as
used  in  this  Article,  means  any  information  provided  by
rightholders  which  identifies  the  work  or  other  subject
matter  referred  to  in  this  Directive  or  covered  by  the  sui
generis  right  provided  for  in  Chapter  III  of  Directive
96/9/EC,  the  author  or  any  other  rightholder,  or
information about the terms and conditions of use of the
work  or  other  subject  matter,  and  any  numbers  or  codes
that  represent  such  information.

The  first  subparagraph  shall  apply  when  any  of  these
items  of  information  are  associated  with  a  copy  of,  or
appear  in  connection  with  the  communication  to  the
public  of,  a  work  or  other  subject  matter  referred  to  in
this Directive or covered by the sui generis right provided
for  in  Chapter  III  of  Directive  96/9/EC.

CHAPTER  IV

COMMON  PROVISOINS

Article  8

Sanctions  and  remedies

1. Member  States  shall  provide  appropriate  sanctions
and remedies in respect of infringements of the rights and
obligations set out in this Directive and shall take all the
measures  necessary  to  ensure  that  those  sanctions  and
remedies  are  applied.  The  sanctions  thus  provided  for
shall  be  effective,  proportionate  and  dissuasive.

take 

Each  Member  State  shall 

2.
the  measures
necessary  to  ensure  that  rightholders  whose  interests  are
affected  by  an  infringing  activity  carried  out  on  its
territory  can  bring  an  action  for  damages  and/or  apply
for  an  injunction  and,  where  appropriate,  for  the  seizure
of  infringing  material.

Article  9

Application  over  time

1.
The  provisions  of  this  Directive  shall  apply  in
respect  of  all  works  and  other  subject  matter  referred  to
in  this  Directive  which  are,  by  the  date  referred  to  in
Article 11(1), protected by the Member States’ legislation
in the field of copyright and related rights, or which meet
the  criteria  for  protection  under  the  provisions  of  this
Directive  or  the  provisions  referred  to  in  Article  1(2).

2.
This  Directive  shall  apply  without  prejudice  to  any
acts of exploitation performed before the date referred to
in  Article  11(1).

3.
This  Directive  shall  not  affect  any  contracts
concluded  or  rights  acquired  before  the  date  of  its  entry
into  force.

4. Notwithstanding  paragraph  3,  contracts  concerning
the exploitation of works and other subject matter which
are  in  force  on  the  date  referred  to  in  Article  11(1)  shall
be  subject  to  this  Directive  as  from  five  years  after  its
entry  into  force  if  they  have  not  expired  before  that
date.

Article  10

Technical  adaptations

Directive  92/100/EEC 

1.
follows:

is  hereby  amended  as

(a) Article  7  is  deleted.

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(b) Article  10(3)  is  replaced  by  the  following:

‘3.
The limitations may only be applied to certain
specific  cases  and  may  not  be  interpreted  in  such  a
way  as  to  allow  their  application  to  be  used  in  a
manner  which 
the
unreasonsably 
rightholders’  legitimate  interests  or  conflicts  with
normal  exploitation  of  their  subject  matter.’

prejudices 

Article  3(2)  of  Directive  93/98/EEC  is  replaced  by

2.
the  following:

‘2.
The  rights  of  producers  of  phonograms  shall
expire 50 years after the fixation is made. However, if
the  phonogram  is  lawfully  published  during  this
period,  the  rights  shall  expire  50  years  from  the  date
of  the  first  such  publication.’

Article  11

Final  provisions

1. Member  States  shall  bring  into  force  the  laws,
regulations  and  administrative  provisions  necessary  to
comply  with  this  Directive  by  30  June  2000.  They  shall
immediately  inform  the  Commission  thereof  and  shall
also  communicate  to  the  Commission  the  text  of  the
provisions  of  domestic  law  which  they  adopt  in  the  field
governed  by  this  Directive.

When  Member  States  adopt  these  provisions,  these  shall
contain  a  reference  to  this  Directive  or  shall  be
accompanied  by  such  reference  at  the  time  of  their

official  publication.  The  procedure  for  such  reference
shall  be  adopted  by  Member  States.

2. Not  later  than  at  the  end  of  the  second  year  after
the date referred to in paragraph 1 and every three years
thereafter,  the  Commission  shall  submit  to  the  European
Parliament,  the  Council  and  the  Economic  and  Social
Committee  a  report  on  the  application  of  this  Directive,
in  which,  inter  alia,  on  the  basis  of  specific  information
supplied  by  the  Member  States,  it  shall  examine  in
particular  the  application  of  Articles  5,  6  and  8.  Where
necessary  to  ensure  the  functioning  of  the  Internal
Market  pursuant  to  Article  7a  of  the  Treaty,  it  shall
submit  proposals  for  amendments  of  this  Directive.

Article  12

Entry  into  force

This Directive shall enter into force on the twentieth day
following  its  publication  in  the  Official  Journal  of  the
European  Communities.

Article  13

Addressees

This  Directive  is  addressed  to  the  Member  States.