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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Highlights on the Way to a Global Commercial Media Oligopoly: 1990s -1994 Viacom multimedia and industrial corporation takes control of Paramount Communications for US$ 9.6 billion, as well as Blockbuster Entertainment, a huge video store chain, for US$ 8.4. billion. 1995 Entertainment giant Disney buys Capital Cities-ABC for US$ 19 billion. The industrial and broadcasting company Westinghouse Corp. buys out CBS for US$ 5.4 billion. In a US$ 7.2 billion deal, Time Warner acquires Turner Communications, owner of prime cable TV channels CNN, TBS and TNT and a major classic American film library. 1996 Westinghouse/CBS buys Infinity Broadcasting's large group of radio stations. Murdoch and News Corp. acquire ten more TV stations and TV production studios with the US$ 2.5 billion purchase of New World Communications Group. Viacom buys half of UPN-TV network, adding that to its other holdings, which include eleven TV stations, along with MTV, VH-1, and other cable TV channels and Paramount movie studios. 1997 Radio Groups Chancellor Media and Evergreen merge and are linked by ownership with Capstar Broadcasting; they also buy ten radio stations from Viacom. By mid-1997 Chancellor/Capstar controls no fewer than 325 radio stations around the United States. Chancellor/Capstar's controlling ownership group, Hicks Muse Tate & Furst, buys the seventh largest radio group, SFX, adding another seventy-two radio stations, making a total of nearly four hundred stations controlled by this one source. Westinghouse-CBS buys out American Radio Systems, the fourth largest radio chain in total audience, which gives Westinghouse-CBS over 170 radio stations with a total audience nearly equal to that of the Chancellor/Capstar group. Giant European-based print and electronic publishing and data base corporations Reed Elsevier and Wolters Kluwer merge. 1998 Bertelsmann buys the Random House-Alfred A. Knopf-Crown Publishing group of book publishers from Newhouse/Advance Publications, adding to its Bantam-Doubleday-Dell publishing group and giving Bertelsmann by far the largest English-language publishing operations. 1999 AOL, the worlds leading Internet service provider and Time Warner, the worlds leading classical media company merge in a US$ 243.3 billion deal.

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Industrial design Industrial design refers to the ornamental aspect of a useful article which may constitute of two or three-dimensional elements. To be qualified for intellectual property protection the design must be novel or original. Protection can be obtained through registration in a government office and usually is given for 10 to 15 years.

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Invention According to the WIPO an invention is a "... novel idea which permits in practice the solution of a specific problem in the field of technology." Concerning its protection by law the idea "... must be new in the sense that is has not already been published or publicly used; it must be non-obvious in the sense that it would not have occurred to any specialist in the particular industrial field, had such a specialist been asked to find a solution to the particular problem; and it must be capable of industrial application in the sense that it can be industrially manufactured or used." Protection can be obtained through a patent (granted by a government office) and typically is limited to 20 years.

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