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EBLIDA response
Proposal for a Directive on the Harmonisation of certain aspects of copyright and related rights in the Information Society
Draft Recommendation for Second Reading
14 December 2000
Committee on Legal Affairs and the Internal Market
Rapporteur: Enrico Boselli
EBLIDA, European Bureau of Library, Information and Documentation Associations, was established in 1992 as a non-governmental, non-profit umbrella organisation representing libraries on a European level. Subjects on which EBLIDA concentrates are culture, copyright, Information Society related matters and information technology.
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Draft recommendation for second reading |
Amendments by EBLIDA |
Article 6(4) paragraph 4
The provisions of the first and second Delete
subparagraphs shall not apply to works
or other subject-matter made available
to the public on agreed contractual
terms in such a way that members of
the public may access them from a place
and at a time individually chosen by them.
<TitreJust>
Justification:The European Parliament should not favour, by legislation, the development of one business model over another, especially in the fast-moving on-line environment. Allowing contract law to override copyright law sets a dangerous precedent for the future development of on-line services and could block citizens from availing of their lawful exceptions in the Information Society.
Should this not prove possible, the second alternative would be to amend Recital 52a (new) as follows:
</Amend><LANG:EN><Amend>
(Amendment <NumAm>2</NumAm>)Recital 52a (new)
Protection of technical measures should Protection of technical measures should enable the securer use of works should enable the securer use of works
transmitted via interactive services, thus transmitted via interactive services, thus
providing greater protection for authors. providing greater protection for
Protected works will be increasingly frequently rightholders. Protected works will be
made available to the public via interactive increasingly frequently made available to
'pay-per-view' services, such as video-on-demand, the public via interactive 'pay-per-view'
which allow users control over where and when broadcasting services, such as video-on-
they can enjoy the work. Pursuant to the fourth demand, which allow users control over
paragraph of Article 6(4), public access to such where and when they can enjoy the work.
services will be regulated by contractual agreements Pursuant to the fourth paragraph of
permitting the use of copyright-protected works at Article 6(4), public access to such
the time and in the place of the user's choice. The services will be regulated by contractual
first and second paragraphs of Article 6(4) would agreements permitting the use of
not apply in this case, but will continue to regulate copyright-protected works at the time and
non-interactive forms of access to protected works. in the place of the user's choice. The first
and second paragraphs of Article 6(4) would not apply in this case, but will
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Draft recommendation for second reading |
Amendments by EBLIDA |
continue to regulate non-interactive forms of access to protected works.
<TitreJust>
Justification:The fourth paragraph of Article 6(4) is not concerned with all interactive pay-per-view services. It refers instead to specific transmissions, such as video-on-demand. The word 'broadcasting' provides a clarification and ensures that non-broadcast interactive pay-per-view services e.g. electronic journals, are not inadvertently included.
Rightholders covers the range of interested parties.
Should this not prove possible, the third alternative would be to amend Article 6(4) paragraph 4 as follows:
</Amend><LANG:EN><Amend>
(Amendment <NumAm>2</NumAm>)Article 6(4) paragraph 4
The provisions of the first and second The provisions of the first and second
subparagraphs shall not apply to works subparagraphs shall not apply to works
or other subject-matter made available or other subject-matter made available
to the public on agreed contractual to the public on negotiated and agreed
terms in such a way that members of contractual terms in such a way that
the public may access them from a place members of the public may access and
and at a time individually chosen by them. use such works from a place and at a time individually chosen by them.
<TitreJust>
Justification:One-sided declaratory ( 'take it or leave it') contracts are unfair e.g. being forced to click on "I agree" in order to access a Website or a product. Users must have the opportunity to negotiate to ensure that they benefit from their lawful exceptions.
Users should not only be able to gain access, but should also be able to make use of such information, for legitimate purposes.
