Directive 2001/29 / EC (Copyright Directive)

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Directive 2001/29 / EC

Title: Directive 2001/29 / EC of the European Parliament and of the Council of 22 May 2001 on the harmonization of certain aspects of copyright and related rights in the information society
Designation:
(not official) 		Copyright directive
Information
society
directive
Information directive Info directive InfoSoc directive
Multimedia directive
Harmonization directive
Scope: EEA
Legal matter: copyright
Basis: EC Treaty , in particular Article 47 paragraph 2 , Article 55 and Article 95
Procedure overview: European Commission
European Parliament
IPEX Wiki
To be
implemented in national law by: 		12/22/2002
Reference: OJ L 167 of 22.6.2001, pp. 10-19
Full text Consolidated version (not official)
basic version
The regulation must have been implemented in national law.
Please note the information on the current version of legal acts of the European Union !

The Directive 2001/29 / EC on the harmonization of certain aspects of copyright and related rights in the information society ( Copyright Directive - UrhRil) sets the WIPO Copyright Treaty at the level of the European Community to. It can be seen as the European equivalent of the US Digital Millennium Copyright Act (DMCA).

Its aim is to harmonize some of the central questions of copyright law, in particular the right of reproduction and distribution, which until then had been very different in the Member States.

In Germany, the directive was transposed into national law by the law regulating copyright in the information society of 10 September 2003. This amended and supplemented a number of provisions of the Copyright Act and individual provisions of the Copyright Management Act , the Injunctive Action Act and the Code of Criminal Procedure .

In order to improve cross-border access to digital content for consumers, among other things, a further modernization of the existing directive is planned.

Open source

The copyright guideline also has an influence on the legal protection of computer programs in the field of open source or free software . According to the UrhRil, a graphical user interface can be protected by copyright as a work if it represents the author's own intellectual creation.

Jurisprudence

In June 2014, the ECJ ruled that streaming was excluded from the European Copyright Directive because the data loaded onto the computer were "temporary, volatile or accompanying and an integral and essential part of a technical process". The mere viewing of copyrighted material in the web browser is therefore regularly not illegal. The transferability of this judgment to legal questions of streaming is questionable.

In its judgment of June 14, 2017, the ECJ ruled that the provision and operation of an online file sharing platform such as The Pirate Bay is to be regarded as an act of reproduction within the meaning of the directive and can constitute a copyright infringement.

See also

Web links

literature

  • Frank Bayreuther: Restrictions on copyright under the new EU copyright directive. In: Journal for Copyright and Media Law (ZUM) 2001, p. 828 ff.
  • Richard Brunner: Copyright and ancillary copyright problems of music distribution on the Internet - with special consideration of Directive 2001/29 / EC and its implementation in German law. Tenea, Berlin 2004; also dissertation, University of Augsburg, 2004.
  • Michael Lehmann: The IT-relevant implementation of the copyright directive in the information society. In: Computer und Recht (CR) 2003, pp. 553–557.
  • Jörg Reinbothe: The EC directive on copyright in the information society. In: Commercial legal protection and copyright - international part (GRURInt) 2001, p. 733 ff.
  • Martin Schippan: Copyright goes digital - The adoption of the "Multimedia Directive 2001/29 / EC. In: Neue Juristische Wochenschrift (NJW) 2001, pp. 2682–2683.
  • Martin Schippan: Harmonization or preservation of national cultural sovereignty? - The miraculous increase in the barriers in Article 5 of the “Multimedia Directive”. In: ZUM 2001, p. 116 ff.
  • Gerald Spindler : European Copyright in the Information Society. In: Commercial legal protection and copyright (GRUR) 2002, p. 105 ff.

Individual evidence

  1. ^ Institute for Legal Issues in Free and Open Source Software (ifrOSS) / Axel Metzger: ifrOSS opinion on the EU Copyright Directive on copyright in the information society
  2. ↑ Federal Law Gazette 2003, Part I No. 46, September 12, 2003, pp. 1774–1788 ( Memento of the original of October 28, 2014 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.  @1@ 2Template: Webachiv / IABot / www.bmjv.de
  3. ↑ Philipp Rosset: EU Parliament: Committee on Legal Affairs adopts report on copyright on June 16, 2015
  4. ↑ Christian Heinze: Software as the subject of protection of European copyright law JIPITEC 2011, pp. 97 ff., 103 ff.
  5. ↑ ECJ, judgment of December 22, 2010 - C-393/09
  6. ↑ ECJ: web surfers protected by copyright exception , heise.de from June 6, 2014, accessed on October 31, 2014.
  7. ↑ See Wagner , in GRUR 2016, 874, 880.
  8. ↑ Judgment in the case C-610/15 Stichting Brein / Ziggo BV, XS4All Internet BV press release No. 64/17 of June 14, 2017