EP adopted resolution to Follow-up Green Paper


Subject: EP adopted resolution to Follow-up Green Paper
From: Barbara Schleihagen (eblida@nblc.nl)
Date: ke 29 loka   1997 - 17:25:23 EET


Dear list subscriber,

On 22 October the European Parliament's plenary adopted a resolution on the
Follow-up to the Green Paper on copyright and related rights in the
Information Society. Members of EBLIDA can receive a copy of the resolution
at the EBLIDA secretariat. MEP Roberto Barzanti was the responsible person
for the draft report which was debated in the Legal Committee of the
European Parliament during September. EBLIDA asked for several amendments
to be included in the draft report. One was included in the final report
but with an additional sub-clause not drafted by EBLIDA, that starts with
"although...":

20. Welcomes the inclusion of a new paragraph in the Preamble of the WIPO
Copyright Agreement which recognises the need to maintain a balance between
the rights of authors and the larger public interest, particularly
education, research and access to information, *** although in accordance
with the Berne Convention it is important to stress the exceptional
importance of the protection of copyright for the promotion of literary and
artistic creations;

Furthermore, the report asks that also temporary reproductions with a
purely incidental character as part of a technical process should be
covered by the reproduction right:

26. Calls, at the same time, for Community harmonization of the exclusive
right of reproduction, as is already the case for computer programmes and
databases, establishing it as a right which covers all acts of permanent or
temporary reproduction, including ephemeral reproductions, without
defining, in a specific inventory, the acts which may or may not be copied;

The following amendment to this by MEP Eluned Morgan, UK and 28 (!) other
MEPs was not successful. It is based on the Norwegian Proposal at the WIPO
Copyright Diplomatic Conference in December 1996:

Calls, at the same time, for Community harmonization of the exclusive right
of reproduction, as is already the case for computer programmes and
databases, establishing it as a right which covers all acts of permanent or
temporary reproduction *** points out, however, that the temporary
reproduction which is made for the sole purpose of making a work
perceptible, or which is 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 Convention***

The resolution also questions the need for exceptions for private study in
the digital environment:

31. Points out that the basis for the exceptions permitting private copies,
which exist in 12 of the 15 Member States, is that it is impossible for
right holders to exercise their exclusive rights and that this has led to
the introduction of legal licences providing for fair remuneration to
compensate for the prejudice to authors, producers, editors and performers;

32. Questions, therefore, the need for such a system of exceptions for
private copies in the area of digitised material, hoping that a flexible
approach will be adopted under which the exercise of this exclusive right
is accompanied by adequate technical protection measures and a guarantee
of fair compensation for all rights;

A lot is left to do at EP level.
Best wishes,
Barbara Schleihagen

**************************************************************************
EBLIDA
Barbara Schleihagen, Director
Heidi Grootscholten, EU Policy Officer
P.O. Box 43300
NL-2504 AH The Hague
Tel: +31-70-309 06 08
Fax: +31-70-309 07 08
email: eblida@nblc.nl
http://www.kaapeli.fi/~eblida/



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