EU Reproduction right

Subject: EU Reproduction right
From: Emanuella Giavarra (
Date: ti 15 huhti  1997 - 12:16:33 EEST

Dear list members,

The issue of the scope of the right of reproduction, particularly as its
relates to temporary or ephemeral copies, was as you know one of the
most controversial at the WIPO Diplomatic Conference in December.

The European Commission is now in the process of defining the right of
reporduction for the EU in a draft Directive. It is still unsure when
this Directive will be released. The Commission says before the summer
and some governmental representatives say this week.

Anyway, what is clear is that the Commission will propose a broad right
of reproduction covering all forms of reproduction, including temporary
and incidental copies, subject to prescribed exceptions.

In some countries of the EU, national informal hearings are organised
between the government and representatives of interest groups in
preparation of the coming EU discussions on a Directive which will cover
the Reproduction Right. On the table at those hearings are the proposals
made during the Diplomatic Conference on the Right of Reporduction and

I would like to remind you, that during the WIPO Diplomatic Conference
only one delegation came with a sensible proposals for the Right of
Reproduction and this was the Norwegian delegation. They proposed the

"that the temporary reproduction made for the sole purpose of making a
work perceptible, or which are of a purely transient or incidental
character as part of a technical process, does not as such constitute a
reproduction within the meaning of Article 9(1) of the Berne

I would like to advise you to keep this proposal in mind during the
negotiations with the national governments. For more information on the
WIPO Diplomatic Conference, please have a look at the report I wrote for
EBLIDA which can be found at our Web-site under "Other Reports" at:
I would be intrested to know if any of you has been invited to any of
these national hearings.

Kind regards,
Emanuella Giavarra

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