1. INTERNAL MARKET WEEK Intellectual and industrial property rights
The EU acquis on copyright and neighbouring rights
An overview
Tarja Koskinen-Olsson, Finland
Budapest, 25 November 2004

2. Creators, Performers, Investors
Natural persons create works
Authors of literary or artistic works
Performers perform works
Producers and publishers invest in works
Broadcasters disseminate works
Property rights in copyright legislation
Copyright and neighbouring/related rights
Art, Culture, Knowledge

3. Copyright Industries in Finland*
4,1 % GDP - CORE INDUSTRIES
0,9 % GDP - INDIRECT INDUSTRIES
5,0 % GDP - TOTAL
4,0 % OF THE TOTAL WORK FORCE
* Based on data from the year 1996 (released in 2000)

4. Core Copyright Industries (4,1%)
Print and publishing 1,61 %
Software and databases 1,26 %
Radio and television 0,37 %
Advertising 0,30 %
Music 0,20 %
Theatre and opera 0,09 %
Film and video 0,09 %
Architecture 0,09 %
Photography 0,08 %
Visual arts 0,03 %
Industrial design 0,02 %

5. Copyright Industries in EU Countries*
Contribution of Copyright and Related Rights to the European Economy
Total gross value added 5,3 % in 15 Member States
3,1 % of total EU employment
Largest contributions in
Software and databases
Print media industries > example of “radiating effect”
* Based on data from the year 2000 (released in 2003)

7. Rationale for copyright protection
Encouragement of creativity
Enhancement of making works public
Protection of moral interests
Protection of investments
Role in international trade

8. Copyright is time-limited exclusive right
for authors of literary or artistic works
to authorise or prohibit
certain acts of exploitation of their works

9. Basic notions Literary or artistic works Economic rights Moral rights
originality
expression, not ideas or information
Economic rights
reproduction
communication to the public/making available to the public
Moral rights
paternity and integrity

10. Basic notions Exceptions or limitations copying for private use
quotations, library privileges, etc.
Three-step-test
special cases only
no conflict with normal exploitation
no unreasonable prejudice to the legitimate interests of the author

11. Rights owners, legislators, users
How does legislation protect copyright and neighbouring rights?
How are rights enforced and managed?
How can people enjoy of protected products and services?

12. Well-functioning copyright system
Legislation
Enforcement
Management
Individual management of rights
Collective management of rights

13. National, European, International
Copyright is governed by national law in each country
Within EU, national laws need to comply with the Directives
Protection in other countries is granted through international Treaties/Conventions

14. International legislation
Berne Convention, 1886
Rome Convention, 1961
TRIPS Agreement, 1994 (WTO)
Two new WIPO Treaties, 1996
WCT (WIPO Copyright Treaty)
WPPT (WIPO Performances and Phonograms Treaty)
Entered into force in 2002

15. Print and publishing Writers Translators Journalists Scientists
Publishers of books, journals, magazines and newspapers

16. Print and publishing Print media and electronic publishing
Publishing contracts (books)
Collective labour contracts (newspapers)
Libraries (reward to writers)
Rental and Lending Directive (1992)
Photocopying
Collective management

17. Software and databases
System designers
Programmers
Compilers of data
Software publishers

18. Software and databases
Legal Protection of Computer Programs Directive (1991)
Protected as literary works
Legal Protection of Databases Directive (1996)
Copyright protection for original databases
Special protection for non-original databases

19. Film and television Script writers Directors Composers Actors
Film producers
Broadcasters

20. Film and television Term of Protection Directive (1993)
Principal authors
Ownership of rights in audiovisual works
Especially audiovisual performers
Satellite and Cable Directive (1993)
Satellite transmission, cable distribution
Rental and Lending Directive (1992)
Rental of videos and DVDs

21. Music and sound recordings
Composers
Text-writers
Music publishers
Musicians and singers
Producers of sound recordings

22. Music and sound recordings
Collective management
performing and mechanical rights of creators
remuneration rights for neighbouring rights/related rights owners
Private copying remuneration
levies on blank media and equipment
Information Society Directive (2001) introduces fair compensation

23. Visual arts and photography
Painters
Sculptors
Graphic artists
Illustrators
Photographers

24. Visual arts and photography
“Droit de Suite” Directive (2001)
Resale right of artists
Auction sales
Long implementation period (2006)

25. EU Copyright Directives
Legal Protection of Computer Programs (1991)
Rental and Lending (1992)
Neighbouring rights/related rights
Satellite and Cable (1993)
Term of Protection (1993)
Legal Protection of Databases (1996)
Copyright in the Information Society (2001)
Resale Right (2001)

26. EU legislation Still in the pipeline
Directive on Copyright and Related Rights in the Information Society, 2001
Implementation by the end of 2002
Implemented
Old EU Member States: Austria, Denmark, Germany, Greece, Ireland, Italy, Luxemburg, the Netherlands, Portugal, UK
New EU Member States*: Czech Rep., Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovak Rep., Slovenia
Still in the pipeline
Belgium, Finland, France, Spain, Sweden
* info on Cyprus missing

27. Information Society Directive*
Rights in the network environment
Reproduction
Communication to the public/making available to the public
New elements - legal protection of
Technological protection measures
Rights management information
Directive 2001/29/EC, May 2001

28. Exceptions and Limitations
One obligatory exception
temporary copies during transmission
Twenty optional exceptions
Fair compensation is a precondition
reprography
private copying
reproduction of broadcasts by social institutions
Application of three step test to all exceptions and limitations

29. Private use Reproductions on any medium Made by a natural person
analogue or digital
Made by a natural person
For ends neither directly or indirectly commercial
On condition of fair compensation
which takes into account the application or non-application of technological measures

30. EU Initiatives on DRM In the future
Consultation on digital rights management systems (DRM)
A series of consultation meetings in 2003
High Level Group of Experts by DG INFOSOC
HLG on DRM, March-July 2004, Report
DRM and interoperability (consensus)
Private copying levies and DRM
Promoting migration towards legitimate services on the Internet
In the future
Assess the need for action at the EU level

31. Enforcement EU Directive on Enforcement Network environment
Accepted in April 2004
Implementation by April 28, 2006
Joint for all intellectual property rights
Network environment
EU Directive on E-Commerce, 2001
Articles 12 – 15 (ISP liability)
General liability provisions

32. Communication on Management
Management of rights
Individual management
Collective management
Considers whether the current methods of management are hindering the functioning of the Internal Market
Especially with the advent of the Information Society
(Given on April 19, 2004)

33. Collective Management
Issues that require a legislative approach
Establishment and Status of Collecting Societies
Relation of Collecting Societies to users
Relation of Collecting Societies to rights holders
External control of Collecting Societies

34. Important to remember It is question of literary and artistic works
Created by creative people (authors)
In which publishers and producers make huge investments
Without interesting content the Information Society would be empty
Networks and e-commerce rely on material protected by copyright

35. Art, Culture, Knowledge Economic importance
”Cultural industries” grow more rapidly that the economy on average
The role of culture in the society
The authors have a right to live on their creation (authors’ right)
Citizens have a right to have access to culture
Cultural diversity
Culture reflects the national identity
The value of national culture in the globalizing world