Basics: Limitations Temporal Copyright protection is limited in time. Many countries have adopted a term of protection that starts at the time of the creation of the work and ends 50 years (in some cases 70 years) after the death of the author. Under some national laws exist exceptions either for certain kinds of creations or for certain uses. After the protection has expired works pass into the public domain. In recent years a tendency towards the lengthening of the term of protection has emerged. Geographic The owner of a copyrighted work is protected against acts restricted by copyright under the law of a certain country. To gain protection against such acts in other countries he must refer to the respective national legislation. If both countries are members of one of the international conventions on copyright, the practical problems arising from this geographical limitation are eased. Non-Material Works In some countries works that are not fixed in some material form are excluded from copyright protection. Also under certain national legislations, the texts of laws and decisions of courts and administrative bodies cannot be copyrighted (which is possible in several countries; then the government is the owner of the copyright in such works and can exercise his rights in accordance with the public interest).

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Recent "Digital Copyright" Legislation: European Union 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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1996 WIPO Copyright Treaty (WCT) The 1996 WIPO Copyright Treaty, which focused on taking steps to protect copyright "in the digital age" among other provisions 1) makes clear that computer programs are protected as literary works, 2) the contracting parties must protect databases that constitute intellectual creations, 3) affords authors with the new right of making their works "available to the public", 4) gives authors the exclusive right to authorize "any communication to the public of their works, by wire or wireless means ... in such a way that members of the public may access these works from a place and at a time individually chosen by them." and 5) requires the contracting states to protect anti-copying technology and copyright management information that is embedded in any work covered by the treaty. The WCT is available on: http://www.wipo.int/documents/en/diplconf/distrib/94dc.htm http://www.wipo.int/documents/en/diplconf/dis...

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Neighboring rights Copyright laws generally provide for three kinds of neighboring rights: 1) the rights of performing artists in their performances, 2) the rights of producers of phonograms in their phonograms, and 3) the rights of broadcasting organizations in their radio and television programs. Neighboring rights attempt to protect those who assist intellectual creators to communicate their message and to disseminate their works to the public at large.

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DMCA The DMCA (Digital Millennium Copyright Act) was signed into law by U.S. President Clinton in 1998 and implements the two 1996 WIPO treaties (WIPO Performances and Phonograms Treaty and WIPO Copyright Treaty). Besides other issues the DMCA addresses the influence of new technologies on traditional copyright. Of special interest in the context of the digitalization of intellectual property are the titles no. 2, which refers to the limitation on the liability of online service providers for copyright infringement (when certain conditions are met), no. 3, that creates an exemption for making a copy of a computer program in case of maintenance and repair, and no. 4 which is concerned with the status of libraries and webcasting. The DCMA has been widely criticized for giving copyright-holders even more power and damage the rights and freedom of consumers, technological innovation, and the free market for information.

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Moral rights Authors of copyrighted works (besides economic rights) enjoy moral rights on the basis of which they have the right to claim their authorship and require that their names be indicated on the copies of the work and in connection with other uses thereof. Moral rights are generally inalienable and remain with the creator even after he has transferred his economic rights, although the author may waive their exercise.

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