ESC opinion on the Commission's Green Paper on copyright and related rights in the Information Society
On 31 January 1996, the Economic and Social Committee (ECOSOC) unanimously adopted an Opinion on the Commission's Green Paper on copyright and related rights in the Information Society in which it welcomes the Commission initiative. The European Commission's Green Paper on the protection of copyright and related rights in the Information Society sets out possible harmonization measures in relation to the development of the information super highway. With regard to the measures proposed, the Committee makes the following comments: - The adoption of the law of the country of origin as the applicable law is desirable, but steps must be taken to ensure that the right holder can enforce his rights in the territory where the download occurs; - Enforcement rules must be harmonized and strengthened at the European level; - A right holder should retain full control over the import and further distribution of products incorporating his intellectual property rights, except in certain limited cases; - Digitalization should in principle be treated in the same manner as any other method of copying; -Unlicensed copying for commercial purposes should be prohibited; - Right owners or manufacturers should not be required to follow any particular regime of technical protection but, if they do so, this should be respected; - No distinction should be made between analogue and digital broadcasting; - Digital dissemination or transmission rights should be covered by the exclusive rights of the right holder, including the exclusive right to make works available to the general public; - The ease with which digital works can be altered implies strong moral rights but waivers should be permitted in specific cases; - Centralization of management rights at European Union level would be premature; - The protection of computer generated works should also be covered in the Commission's Green Paper.