Response to the Proposal for a Directive on the Harmonisation of certain aspects of copyright and related rights in the Information Society

Comments on the text of the amended proposal of 14 September 2000 approved by COREPER

The Common Position text represents an improvement and we feel that the Council has endeavoured to achieve a more balanced approach, as envisaged by international treaties. As a priority, we would wish to maintain this intended balance, which we believe is essential to enable European citizens to benefit from, and not be blocked by, digital technologies.

We appreciate the special attention given to libraries, archives, museums, educational and other cultural establishments which serve the public interest and are central to the aspirations of creating an Information Society for all.

We do still have concerns. The value of the amendments is in danger of being undermined by powers granted to rightholders in respect of technical protection measures in the digital environment. If Europe is to compete in the global market, the EU Directive must not be more restrictive than international treaties.

Should there be an opportunity to incorporate further amendments into the text, EBLIDA calls on the European Parliament to:

• provide that certain exceptions cannot be overridden by contract law, in line with the Database Directive, and to provide users of on-demand services equal legal protection in relation to technical measures. Otherwise, the carefully crafted provisions to enable citizens to benefit from lawful exceptions in the digital environment, are effectively nullified.

Add new article 5.6

"Contractual provisions contrary to the exceptions or limitations provided for in national law in accordance with Article 5(2)(a), (2)(b), (2)(c), (2)(d), (2)(e), (3)(a), (3)(b), (3)(n), (3)(o) shall be null and void."

Delete Article 6.4, sub-paragraph 4

• carry forward traditional exceptions into the digital environment, in line with internationally agreed treaties. For example, according to the agreed statement to Article 10 of the WIPO Copyright Treaty (1996), Member States may "carry forward and appropriately extend into the digital environment limitations and exceptions in their national laws which have been considered acceptable under the Berne Convention". The following amendment would facilitate this.

"use in certain other cases of minor importance which do not affect the free circulation of goods and services within the Community, without prejudice to the other exceptions and limitations contained in this Article."

Add new Article 5.3 (p)

The Hague, October 2000