Harmonization of aspects of copyright and related rights in the Information Society
The European Commission has adopted a proposal for a Directive on the harmonization of certain aspects of copyright and related rights in the Information Society. Existing legislation in the field of copyright and related rights has been seen to have some shortcomings in the developing Information Society as national boundaries are broken down by global networks and new technologies provide new uses of material. In 1995, the Commission published a Green Paper on the subject and followed it up with an extensive consultation exercise. This exercise clearly identified the need for adaptation of the existing intellectual property protection framework as part of the development of the Information Society. The Commission's proposal seeks to address two areas. Firstly, it aims to harmonize legal protection, so as to achieve a level playing field for copyright protection within the Internal Market allowing new products and services to circulate freely throughout the EU with adequate protection. The second area targeted is the technological side, where it focuses on the development of systems for electronic rights management and protection. Four issues are identified as needing legislative action to eliminate barriers: the reproduction right, the right of communication to the public, legal protection of the integrity of technical identification and protection schemes, and the distribution right, including the principle of exhaustion. The Commission's proposal follows international agreement, through the World Intellectual Property Organization (WIPO) treaties agreed in December 1996, which sets out standards in these fields. Indeed, the Directive will be the means of implementing a number of the EU's commitments under these treaties.