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Recent "Digital Copyright" Legislation: European Union |
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Directive on Copyright and Related Rights in the Information Society
In November 1996 the European Commission adopted a communication concerning the follow-up to the Green Paper on  copyright and related rights in the information society. The proposed Directive aims at transposing into Community law the main international obligations arising from the two treaties on copyright and related rights adopted within the framework of the WIPO in December 1996 (WIPO Performances and Phonogram Treaty and WIPO Copyright Treaty). It applies to provisions relating to:
- the legal protection of computer programs
- rental right, lending right and certain rights related to copyright in the field of intellectual property
- copyright and related rights applicable to broadcasting of programs by satellite and cable retransmission
- the term of protection of copyright and certain related rights
- the legal protection of databases
The proposal was first presented by the Commission in January 1998, amended in May 1999 and currently is at second reading before the Parliament. Final adoption of the Directive could take place at the end of 2000 or the beginning of 2001 respectively.
A full-text version for download (pdf file) of the amended proposal for a Directive on copyright and related rights in the Information Society is available on the website of the European Commission (DG Internal Market):  http://www.europa.eu.int/comm/internal_market/en/intprop/intprop/docs/index.htm
General critique concerning the proposed EU Directive includes:
- Open networks
The new law could require (technological) surveillance of communications to ensure enforcement. Also because Service Providers might be legally liable for transmitting unauthorized copies, the might in turn have to deny access to anybody who could not provide them with financial guaranties or insurance.
- Interoperable systems
The draft could negate the already established right in EU law for software firms to make their systems interoperable with the dominant copyright protected systems. This would be a threat to the democratic and economic rights of users.
- Publicly available information
It is yet unclear whether new legal protections against the bypassing of conditional access technology apply only for content with an exclusive right. If the content is already in the public domain, then there can be no possible violation of copyright law just from gaining access to it.
Comments from the library, archives and documentation community on the amended Directive embrace:
The Library Association
http://www.la-hq.org.uk/directory/prof_issues/dcrris2.html
EBLIDA (European Bureau of Library, Information and Documentation Associations)
http://www.eblida.org/lobby/position/ampos2fi.htm
Society of Archivists (U.K.) and Public Record Office (U.K.)
http://www.pro.gov.uk/about/copyright/copyrightdraft.htm
EFPICC (European Fair Practices In Copyright Campaign) http://www.eblida.org/efpicc/comments.htm
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World Wide Web (WWW)
Probably the most significant Internet service, the World Wide Web is not the essence of the Internet, but a subset of it. It is constituted by documents that are linked together in a way you can switch from one document to another by simply clicking on the link connecting these documents. This is made possible by the Hypertext Mark-up Language (HTML), the authoring language used in creating World Wide Web-based documents. These so-called hypertexts can combine text documents, graphics, videos, sounds, and Java applets, so making multimedia content possible.
Especially on the World Wide Web, documents are often retrieved by entering keywords into so-called search engines, sets of programs that fetch documents from as many servers as possible and index the stored information. (For regularly updated lists of the 100 most popular words that people are entering into search engines, click here). No search engine can retrieve all information on the whole World Wide Web; every search engine covers just a small part of it.
Among other things that is the reason why the World Wide Web is not simply a very huge database, as is sometimes said, because it lacks consistency. There is virtually almost infinite storage capacity on the Internet, that is true, a capacity, which might become an almost everlasting too, a prospect, which is sometimes consoling, but threatening too.
According to the Internet domain survey of the Internet Software Consortium the number of Internet host computers is growing rapidly. In October 1969 the first two computers were connected; this number grows to 376.000 in January 1991 and 72,398.092 in January 2000.
World Wide Web History Project, http://www.webhistory.org/home.html
 http://www.searchwords.com/
http://www.islandnet.com/deathnet/
http://www.salonmagazine.com/21st/feature/199...
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