Whereas the legal uncertainty regarding the nature and the level of protection of acts of on-demand transmission of copyright works and subject matter protected by related rights over networks should be overcome by providing for harmonised protection at Community level; whereas it should provide all rightholders recognised by the Directive with an exclusive right to make available to the public copyright works or any other subject matter by way of interactive on-demand transmission; whereas such interactive on-demand transmissions are characterised by the fact that members of the public may access then from a place and at a time individually chosen by them; whereas this right does not cover direct representation or performance;

Whereas the legal uncertainty regarding the nature and the level of protection of acts of on-demand transmission of copyright works and subject matter protected by related rights over networks should be overcome by providing for harmonised protection at Community level; whereas it should provide all rightholders recognised by the Directive with an exclusive right to make available to the public copyright works or any other subject matter by way of interactive on-demand transmission; whereas such interactive on-demand transmissions are characterised by the fact that members of the public may access then from a place and at a time individually chosen by them; whereas this right does not cover [4 words deleted] private communication;

Whereas a fair balance of rights and interests between the different categories of rightholders, as well as between the different categories of rightholders and users of protected subject matter must be safeguarded; [...]

Whereas a fair balance of rights and interests between the different categories of rightholders, as well as between the different categories of rightholders and users of protected subject matter must be safeguarded to ensure the balance between rightholders' protection and other important values in society, such as the interests of education, research and the need of the general public for access to information; [...]

Whereas this Directive provides for an exhaustive enumeration of exceptions to the reproduction right and the right of communication to the public; whereas some exceptions only apply to the reproduction right, where appropriate; whereas the list takes due account of the different legal traditions in Member states, while, at the same time, aiming to ensure a functioning Internal Market; whereas it is desirable that Member States should arrive at a coherent application of these exceptions, which will be assessed when reviewing implementing legislation in the future;

Whereas this Directive provides for a non-exhaustive list of exceptions to the reproduction right and the right of communication to the public; whereas some exceptions only apply to the reproduction right, where appropriate; whereas the list takes due account of the different legal traditions in Member States by offering them the option to carry forward and appropriately extend into the digital environment limitations and exceptions in their national law which have been considered acceptable under the Berne Convention, provided that they meet the three step test of Article 5.4., while, at the same time, aiming to ensure a functioning Internal Market; whereas it is desirable that Member States should arrive at a coherent application of these exceptions, which will be assessed when reviewing implementing legislation in the future;

Whereas the exclusive right of reproduction should be subject to an exception to allow for certain acts of temporary reproduction, such as transient and incidental reproductions, forming an integral part of and essential to a technological process carried out for the sole purpose of enabling the use of protected subject matter and which have no separate economic value on their own; whereas under these conditions this exception should include acts of caching or browsing;

Whereas the exclusive right of reproduction should be subject to an exception to allow for certain acts of temporary reproduction, such as transient and incidental reproductions, forming an integral part of [3 words deleted] a technological process carried out the sole purpose of enabling the use of a work or other protected subject matter [10 words deleted]; whereas under these conditions this exception should also include acts of caching, browsing and making a work perceptible on the premises of a library facility for personal viewing or studying;

support

Whereas Member States should be allowed to provide for an exception to the reproduction right, accompanied by fair compensation in certain cases; for certain types of reproduction of audio, visual and audio-visual material for private use; whereas this may include the introduction or continuation of remuneration schemes to compensate for the prejudice to rightholders; whereas, although differences between those remuneration schemes affect the functioning of the Internal Market, those differences, with respect to analogue private reproduction, should not have a significant impact on the development of the Information Society; whereas digital private copying is likely to be more widespread and have a greater economic impact; whereas a distinction should therefore be made between digital private copying and analogue private copying and whereas the conditions of application should in both cases be harmonised to a certain extent; whereas it is of particular importance, in the case of digital private copying, that all rightholders receive fair compensation;

Whereas Member States should be allowed to provide for an exception to the reproduction right for certain types of reproduction of audio, visual and audio-visual material for private use, accompanied by fair compensation if a Member State considers it appropriate, and may in certain cases be zero compensation; whereas this may include the introduction or continuation of remuneration schemes to compensate for the prejudice to rightholders; whereas, although differences between those remuneration schemes affect the functioning of the Internal Market, those differences, with respect to analogue private reproduction, should not have a significant impact on the development of the Information Society; whereas digital private copying is likely to be more widespread and have a greater economic impact; whereas a clear distinction cannot be made between digital private copying and analogue private copying and whereas the conditions of application should in both cases be harmonised only to a certain extent; [19 words deleted]

Whereas, when applying the exception on private copying, Member States should take due account of technological and economic developments, in particular with respect to digital private copying and remuneration schemes, when effective technological protection measures are available; whereas such exceptions should not inhibit the use of technological measures or their enforcement against circumvention;

Whereas, when applying the exception on private copying, Member States should take due account of technological and economic developments, in particular with respect to digital private copying and remuneration schemes, when effective technological protection measures are available; whereas such exceptions should not inhibit the use of technological measures or their enforcement against circumvention without authority;

Whereas Member States may provide for an exception for the benefit of establishments accessible to the public, such as non-profit-making libraries and equivalent institutions; whereas, however, this should be limited to certain special cases covered by the reproduction right; whereas such an exception should not cover uses made in the context of on-line delivery of protected works or other subject matter; whereas this Directive should be without prejudice to Member States' option to derogate from the exclusive public lending right in accordance with Article 5 of Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property, as amended by Directive 93/98/EEC; whereas, therefore, specific contracts or licenses should be promoted which, without creating imbalances, favour such establishments and the disseminative purpose they serve;

Whereas Member States may provide for an exception for the benefit of establishments accessible to the public, such as non-profit-making libraries and equivalent institutions; whereas, however, this should be limited to certain special cases covered by the reproduction right and the communication to the public right; whereas such an exception should also cover certain special uses made in the context of on-line delivery of protected works or other subject matter; whereas this Directive should be without prejudice to Member States' option to derogate from the exclusive public lending right in accordance with Article 5 of Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property, as amended by Directive 93/98/EEC; whereas [1 word deleted] for activities not covered by the exception as provided by this Directive specific contracts or licenses should be promoted which, without creating imbalances, favour such establishments and the disseminative purpose they serve;

Whereas the exceptions referred to in Article 5(2) and (3) must not, however, prevent the definition of contractual relations designed to ensure fair compensation for the rightholders;

Whereas technological development will allow rightholders to make use of technological measures designed to prevent and inhibit the infringement of any copyright, rights related to copyright or sui generis rights provided by law; whereas the danger, however, exists that illegal activities might be carried out in order to enable or facilitate the circumvention of the technical protection provided by these measures; whereas, in order to avoid fragmented legal approached that could potentially hinder the functioning of the Internal Market, there is a need to provide for harmonised legal protection against any activity enabling or facilitating the circumvention without authority, whether granted by the rightholders or conferred by law, of such measures;

Whereas such a legal protection should be provided to technological measures that effectively inhibit and/or prevent the infringement of any copyright, rights related to copyright or sui generis rights provided by law, without, however, preventing the normal operation of electronic equipment and its technological developments; whereas such legal protection implies no obligation to design devices, products, components or services to correspond to technological measures; whereas such legal protection should respect proportionality and should not prohibit those devices or activities which have a commercially significant purpose or use other than to circumvent the technical protection; whereas, in particular, this protection should not hinder research into cryptography;

real improvement, therefore support

Temporary acts of reproduction referred to in Article 2, such as transient and incidental acts of reproduction which are an integral and essential part of a technological process, including those which facilitate effective functioning of transmission systems, whose sole purpose is to enable use to be made of a work or other subject matter, and which have no independent economic significance, shall be exempted from the right set out in Article 2.

Temporary acts of reproduction referred to in Article 2, such as transient and incidental acts of reproduction which are an integral [2 words deleted] part of a technological process, including those which facilitate effective functioning of transmission systems, whose sole purpose is to enable use to be made of a work or other subject matter [7 words deleted] including browsing, caching and making a work perceptible, shall be exempted from the right set out in Article 2.

in respect of reproduction on paper or any similar medium, with the exception of musical works in published form, effected by the use of any kind of photographic technique or by some other process having similar effects, provided that the rightholders receive fair compensation;

in respect of reproduction on paper or any similar medium [9 words deleted] effected by the use of any kind of photographic technique or by some other process having similar effects, [7 words deleted];

in respect of reproductions on audio, visual or audio-visual analogue recording media made by a natural person for private and strictly personal use and for non-commercial ends, on condition that the rightholders receive fair compensation;

in respect of reproductions on audio, visual or audio-visual [1 word deleted] recording media made by a natural person for private and strictly personal use and for non-commercial ends [8 words deleted];

in respect of reproduction on audio, visual or audio-visual digital recording media made by a natural person for private and strictly personal use and for non-commercial ends irrespective of the use of operational, reliable and effective technical means capable of protecting the interests of the rightholders [15 words deleted];

in respect of specific acts of reproduction made for archiving or conservation purposes by establishments which are not for direct or indirect economic or commercial advantage such as, in particular, libraries, archives, and other educational, training or cultural establishments;

in respect of specific acts of reproduction made [5 words deleted] by establishments which are not for direct or indirect economic or commercial advantages such as, in particular, libraries and archives and other teaching, educational or cultural establishments;

use for the sole purpose of illustration for teaching or scientific research, as long as the source is indicated and to the extent justified by the non-commercial purpose to be achieved, on condition that the rightholders receive fair remuneration;

use for the sole purpose of education, learning, research and for private study, as long as the source is indicated [20 words deleted];

for uses for the benefits of people with a disability, which are directly related to the disability and of a non-commercial nature and to the extent required by the specific disability;

The exceptions and limitations provided for in paragraphs 1, 2 and 3 shall only be applied to certain specific cases and shall not be interpreted in such a way as to allow their application to be used in a manner which unreasonably prejudices the rightholders' legitimate interests or conflicts with the normal exploitation of their works or other subject matter.

The exceptions and limitations provided for in paragraphs 1, 2 and 3 shall only be applied to certain special cases and shall not be interpreted in such a way as to allow their application to be used in a manner which unreasonably prejudices the rightholders' legitimate interests or conflicts with the normal exploitation of their works or other subject matter.

Member States shall provide adequate legal protection against the circumvention without authority of any effective technological measures designed to protect any copyrights or any rights related to copyright as provided by law or the sui generis right provided for in Chapter III of European Parliament and Council Directive 96/9/EC., which the person concerned carries out in the knowledge, or with reasonable grounds to know that he or she pursues that objective.

Member States shall provide adequate legal protection against the circumvention without authority whether granted by the rightholders or conferred by law, of any effective technological measures designed to protect any copyrights or any rights related to copyright as provided by law or the sui generis right provided for in Chapter III of European Parliament and Council Directive 96/9/EC, which the person concerned carries out in the knowledge, or with reasonable grounds to know that he or she pursues that objective.

Member States shall provide adequate legal protection against any activities, including the manufacture or distribution of devices, products or components or the provision of services, carried out without authority, which:

a) are promoted, advertised or marketed for the purpose of circumvention, or

b) have only a limited commercially significant purpose or use other than to cicumvent, or

c) are primarily designed, produced, adapted or performed for the purpose of enabling or facilitating the circumvention of ,

any effective technological measures designed to protect any copyright or any right related to copyright as provided by law or the sui generis right provided for in Chapter III of European Parliament and Council Directive 96/9/EC.

Member States shall provide adequate legal protection against any activities, including the manufacture or distribution of devices, products or components or the provision of services, carried out without authority, whether granted by the rightholders or conferred by law which:

a) are promoted, advertised or marketed for the purpose of circumvention, or

b) have only a limited commercially significant purpose or use other than to circumvent, or

c) are primarily designed, produced, adapted or performed for the purpose of enabling or facilitating the circumvention of ,

any effective technological measures designed to protect any copyright or any right related to copyright as provided by law or the sui generis right provided for in Chapter III of European Parliament and Council Directive 96/9/EC.