EUR-Lex - 32001D0080 - EN Avis juridique important | 32001D0080 Council Decision of 22 January 2001 on the establishment of the Military Staff of the European Union Official Journal L 027 , 30/01/2001 P. 0007 - 0011 Council Decisionof 22 January 2001on the establishment of the Military Staff of the European Union(2001/80/CFSP)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, in particular Article 28(1) thereof,Having regard to the Treaty establishing the European Community, in particular Article 207(2) thereof,Whereas:(1) In the framework of the strengthening of the common foreign and security policy (CFSP) and in particular of the common European policy on security and defence provided for in Article 17 of the Treaty on European Union, the European Council meeting in Nice on 7-11 December 2000 reached agreement on the establishment of the Military Staff of the European Union, setting out its mission and functions.(2) Following the guidelines of the European Council the Military Staff should be made ready to start its work,HAS DECIDED AS FOLLOWS:Article 11. Military personnel will be seconded from Member States to the General Secretariat of the Council in order to form the Military Staff of the European Union (EUMS).2. The Military Staff will be part of the General Secretariat of the Council.Article 2The mission and functions of the Military Staff are defined in Annex V of the Presidency's report approved by the Nice European Council, which is reproduced in the Annex to this Decision.Article 3All members of the Military Staff shall be nationals of Member States of the European Union.Article 41. Members of the Military Staff shall be subject to rules which will be established in a Council Decision.2. Until the entry into force of the Decision mentioned in paragraph 1, Council Decision 2000/178/CFSP of 28 February 2000 on the rules applicable to national experts in the military field on secondment to the General Secretariat of the Council during the interim period(1) shall remain in force.Article 5This Decision shall take effect from the date of its adoption.It shall apply as from a date established by the SG/HR upon consultation of the PSC and of the iMB/Military Committee and in principle before the end of June 2001.Until the date of application of this Decision, the Director General of the Military Staff (DGEUMS), who will take up its functions as from 1 March 2001(2), shall act as head of the military experts seconded from Member States to the Council Secretariat(3).Article 6This Decision shall be published in the Official Journal.Done at Brussels, 22 January 2001.For the CouncilThe PresidentA. Lindh(1) OJ L 57, 2.3.2000, p. 1.(2) Council Decision of 22 December 2000.(3) Council Decision 2000/145/CFSP of 14 February 2000 on the secondment of national experts in the military field to the General Secretariat of the Council during an interim period (OJ L 49, 22.2.2000, p. 3).ANNEXEUROPEAN UNION MILITARY STAFF ORGANISATION (EUMS)1. IntroductionAt Helsinki, the EU Member States decided to establish within the Council, new permanent political and military bodies enabling the EU to assume its responsibilities for the full range of conflict prevention and crisis management tasks defined in the EU Treaty, the Petersberg tasks. As provided in the Helsinki report, the EUMS, "within the Council structures provides military expertise and support to the CESDP, including the conduct of EU-led military crisis management operations".For this purpose, the terms of reference of the European Union Military Staff (EUMS) are defined as follows:2. MissionThe Military Staff is to perform "early warning, situation assessment and strategic planning for Petersberg tasks including identification of European national and multinational forces" and to implement policies and decisions as directed by the European Union Military Committee (EUMC).3. Role and tasks- It is the source of the EU's military expertise.- It assures the link between the EUMC on the one hand and the military resources available to the EU on the other, and it provides military expertise to EU bodies as directed by the EUMC.- It provides an early warning capability. It plans, assesses and makes recommendations regarding the concept of crisis management and the general military strategy and implements the decisions and guidance of the EUMC.- It supports the EUMC regarding situation assessment and military aspects of strategic planning(1), over the full range of Petersberg tasks, for all cases of EU-led operations, whether or not the EU draws on NATO assets and capabilities.- It contributes to the process of elaboration, assessment and review of the capability goals taking into account the need, for those Member States concerned, to ensure coherence with NATO's defence planning process (DPP) and the planning and review process (PARP) of the partnership for peace (PfP) in accordance with agreed procedures.- It has the responsibility to monitor, assess and make recommendations regarding the forces and capabilities made available to the EU by the Member States, on training, exercises and interoperability.4. Functions- It performs three main operational functions: early warning, situation assessment and strategic planning.- Under the direction of the EUMC it provides military expertise to EU bodies and, in particular, to the Secretary-General/High Representative.- It monitors potential crises by relying on appropriate national and multinational intelligence capabilities.- It supplies the Situation Centre with military information and receives its output.- It carries out the military aspects of strategic advance planning for Petersberg missions.- It identifies and lists European national and multinational forces for EU-led operations coordinating with NATO.- It contributes to the development and preparation (including training and exercises) of national and multinational forces made available by the Member States to the EU. The modalities of the relation with NATO are defined in the relevant documents.- It organises and coordinates the procedures with national and multinational HQs including those NATO HQs available to the EU, ensuring, as far as possible, compatibility with NATO procedures.- It programmes, plans, conducts and evaluates the military aspect of the EU's crisis management procedures, including the exercising of EU/NATO procedures.- It participates in the financial estimation of operations and exercises.- It liaises with the national HQs and the multinational HQs of the multinational forces.- It establishes permanent relations with NATO according to "EU/NATO Permanent arrangements" and appropriate relations with identified correspondents within the UN and OSCE, subject to an agreement from these organisations.(a) Additional functions in crisis management situations- It requests and processes specific information from the intelligence organisations and other relevant information from all available sources.- It supports the EUMC in its contributions to Initial Planning Guidance and Planning Directives of the Political and Security Committee (PSC).- It develops and prioritises military strategic options as the basis for the military advice of the EUMC to the PSC by:- defining initial broad options;- drawing as appropriate on planning support from external sources which will analyse and further develop these options in more detail,- evaluating the results of this more detailed work and commissioning any further work that might be necessary,- presenting an overall assessment, with an indication of priorities and recommendations as appropriate, to the EUMC.- It can also contribute to the non-military aspects of the military options.- It identifies in coordination with national planning staffs and, as appropriate, NATO, the forces that might participate in possible EU-led operations.- It assists the operation commander in technical exchanges with third countries offering military contributions to an EU-led operation, and in the preparation of the force generation conference.- It continues to monitor crisis situations.(b) Additional functions during operations- The EUMS, acting under the direction of the EUMC, continuously monitors all the military aspects of operations. It conducts strategic analysis in liaison with the designated operation commander to support the EUMC in its advisory role to the PSC in charge of the strategic direction.- In the light of political and operational developments, it provides new options to the EUMC as a basis for EUMC's military advice to the PSC.5. Organisation- It works under the military direction of the EUMC to which it reports.- The EUMS is a Council Secretariat department directly attached to the SG/HR; it is composed of personnel seconded from the Member States acting in an international capacity under the statute to be established by the Council.- EUMS is headed by the DGEUMS, a three-star flag officer, and works under the direction of the EUMC.- In order to cope with the full spectrum of Petersberg tasks, whether or not the EU has recourse to NATO resources, the EUMS is organised as in Annex "A".- In crisis management situations or exercises, the EUMS could set up Crisis Action Teams (CAT), drawing upon its own expertise, manpower and infrastructure. In addition, it could, if necessary, draw upon outside manpower for temporary augmentation to be requested from the EU Member States by the EUMC.6. Relations with third countries- The relations between the EUMS and the non-EU European NATO members and other countries, which are candidates for accession to the EU will be defined in the document on the relations of the EU with third countries.(1) Preliminary definitions:Strategic planning: planning activities that start as soon as a crisis emerges and end when the EU political authorities approve a military strategic option or a set of military strategic options. The strategic process encompasses military situation assessment, definition of a POL/MIL framework and development of military strategic options.Military strategic option: a possible military action designed to achieve the POL/MIL objectives outlined in the POL/MIL framework. A military strategic option will describe the outline military solution, the required resource and constraints and recommendations on the choice of the operations commander and OHQ.ANNEX AOUTLINE ORGANISATION OF EUMS>PIC FILE= "L_2001027EN.001002.EPS">ABBREVIATIONS>TABLE>

Summary: Military Staff of the European Union (EUMS) Military Staff of the European Union (EUMS) The Military Staff of the European Union is the source of the EU's military expertise. It performs early warning, situation assessment and strategic planning for Petersberg tasks (humanitarian missions, peacekeeping and crisis management) and all EU-led operations. ACT Council Decision of 22 January 2001 on the establishment of the Military Staff of the European Union [See amending acts]. SUMMARY The Military Staff of the European Union is made up of military experts seconded from Member States to the Council Secretariat and is the source of the EU's military expertise. The EUMS provides an early-warning capability. It plans, assesses and makes recommendations regarding the concept of crisis management and general military strategy. The mission and functions of the European Union Military Staff The EUMS is a Council Secretariat department. It is under the military authority of the European Union Military Committee (EUMC). It implements the decisions and guidance of the EUMC and supports it in situation assessment and military aspects of strategic planning. This concerns the full range of Petersberg tasks, including the European security strategy and all EU-led operations. Directly attached to the Secretary-General/High Representative, the EUMS provides support, upon the request of the Secretary-General/High Representative or the Political and Security Committee (PSC), for temporary missions in third countries or international organisations. It also ensures the link between the EUMC and the military resources available to the EU. It is responsible for monitoring, assessing and making recommendations regarding the forces and capabilities made available by the Member States to the EU. It identifies European national and multinational forces for EU-led operations, coordinating with NATO. More specifically, the EUMS is responsible for: monitoring potential crises; carrying out the military aspects of strategic advance planning; organising and coordinating procedures with national and multinational HQs including those NATO HQs available to the EU; programming, planning, conducting and evaluating the military aspect of the EU's crisis management procedures; establishing permanent relations with NATO; hosting a NATO liaison team and setting up an EU team in NATO's Supreme Headquarters Allied Powers Europe (SHAPE); contributing to the military aspects of the ESDP and the fight against terrorism. The EUMS will perform these tasks with due regard to NATO's defence planning process and the planning and review process of the partnership for peace. It will also work closely with the European Defence Agency (EDA). Crisis management and operations currently being conducted The EUMS has additional functions as regards managing both crises and operations currently being conducted. As regards crisis management, the EUMS requests and processes specific information from the intelligence organisations and other available sources. It provides military advice to the EUMC and the Political and Security Committee (PSC) and gives military guidance on strategic military options. As regards the management of operations currently being conducted, the EUMS, acting under the direction of the EUMC, monitors all the military aspects of operations. It conducts strategic analysis in liaison with the designated operation commander. In the light of political and operational developments, it suggests new options to the EUMC as a basis for its military advice to the PSC. Since 2004 the EUMS has been assisted by a civilian/military cell which, within the framework of the EUMS, performs such tasks as strategic planning in response to crises with a view to joint civilian/military operations. Working through the civilian/military cell, the EUMS is responsible for providing the capacity needed to plan and manage independent EU military operations. This enables the EUMS, acting upon a recommendation from the EUMC, to set up an operations centre speedily in cases where a joint civilian/military response is required and no national HQ has been designated by the Council. The civilian/military cell is the permanent hub of the EU's operations centre and helps coordinate civil operations. Background At its meeting on 10-11 December 1999 in Helsinki, the European Council approved the establishment of new permanent political and military bodies, such as the EUMS. References Act Entry into force - Date of expiry Deadline for transposition in the Member States Official Journal Council Decision 2001/80/CFSP 22.01.2001 - OJ L 27 of 30.01.2001 Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal Council Decision 2005/395/CFSP - - OJ L 132 of 26.05.2005 RELATED ACTS Council Decision 2003/479/EC of 16 June 2003 concerning the rules applicable to national experts and military staff on secondment to the General Secretariat of the Council [Official Journal L 160 of 28.06.2003]. This Decision establishes the rights and obligations of seconded national experts (SNE) in the General Secretariat of the Council (GSC). Its sets out specific provisions for military staff on secondment to the GSC in order to form the European Union military staff. Last updated: 03.11.2006


EUR-Lex - 32001H0703(01) - EN Avis juridique important | 32001H0703(01) Council Recommendation of 25 June 2001 on contact points maintaining a 24-hour service for combating high-tech crime Official Journal C 187 , 03/07/2001 P. 0005 - 0006 Council Recommendationof 25 June 2001on contact points maintaining a 24-hour service for combating high-tech crime(2001/C 187/02)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the position adopted by the Council on 19 March 1998 inviting the Member States to join the G8 24-hour information network for combating high-tech crime, and its endorsement of the network's principles,Considering the communication of 26 January 2001 from the Commission "Creating a safer information society by improving the security of information infrastructures and combating computer-related crime: Europe 2002",Whereas:(1) The G8 network's principles concerning national points of contact for the purpose of combating high-tech crime were adopted at the G8 meeting for Ministers of Justice and Home Affairs in Washington DC on 9 and 10 December 1997. To these principles were added an action plan for the establishment of the network and an account of the commitments that the individual States take on if they join the network. In the action plan, the G8 welcomes countries also coming from outside the G8 circle to join the network.(2) There is a great advantage in a global network like the G8 network, and there are reasons to believe that its importance will increase. If law enforcement networks combating IT-related crime consist of only a few countries, they cannot obtain a sufficient overview of, or achieve sufficient efficiency in, combating such crime in cyberspace.(3) The basic idea behind the network is that the handling of various types of high-tech crime should be swift and highly professional. The emphasis is put on conserving evidence in environments where information can be quickly lost or destroyed. If the first measures taken by the law enforcement authorities are incorrect or slow, they may obstruct or even ruin opportunities to investigate cases of this form of crime. Another purpose of the network is that the countries linked to the network should be able to obtain an overview of computer network crime since it often occurs simultaneously at different locations in different countries.(4) The network was established gradually over the years 1998 to 2000, and efforts to extend the number of countries are still being made. At a high-level experts meeting at Europol in November 2000, the participants agreed that the intention to extend the G8 network would constitute one of the official recommendations made by that meeting.(5) At present, the network is made up of the following countries: Australia, Brazil, Canada, Denmark, Finland, France, Germany, Italy, Japan, The Netherlands, Russia, Spain, Sweden, United Kingdom and USA. Thus, nine EU Member States have joined the network.(6) Those EU Member States that have not joined the G8 network form part of Interpol's national central reference point system (NCRP). At present, more than 60 countries are connected to Interpol's network. An NCRP is usually a specialist unit. The NCRPs of Interpol, however, do not always provide 24-hour readiness besides the readiness provided by the communications centres of the National Central Bureaux. The cooperation within Interpol's NCRP network is based on the same principles that are otherwise applied to the Interpol cooperation. This means that measures involving any means of coercion in order, for instance, to conserve evidence are normally not handled through this channel. The G8 network has in its principles emphasised quick measures when it comes to freezing or conserving evidence in computer systems or networks. There is no competitive relation between the two law enforcement networks. On the contrary, they rather complement each other. It should therefore be possible for those EU Member States that are not represented in the G8 network to link a 24-hour function to their specialist units that form part of the Interpol cooperation.(7) Experience from, for instance, the world wide "love letter" virus in May 2000 shows that the G8 network needs to be both extended and improved. Effective maintenance of 24-hour readiness in the form of specialist units in the countries that have joined the network represents an important improvement. Today, it happens that a communications centre receives a message and forwards it only after the opening of the specialist unit. In connection with holidays, such a procedure may result in fatal loss of time.(8) A desirable common standard would be that the unit designated as a national contact point really is a specialist unit that applies recommended international practice to investigations of high-tech crime, and that the unit is prepared to take any possible action, with due regard, of course, to national legislation.HEREBY RECOMMENDS:- those Member States that have not yet joined the G8 network of contact points with 24-hour service intended for the combat against high-tech crime to do so,- Member States to ensure that the unit designated as a contact point maintains 24-hour service, and that the contact point really is a special unit that applies established good practice when investigating IT-related crime. The contact point should also be able to take operational measures.

Summary: Organised crime: contact points to combat high-tech crime Organised crime: contact points to combat high-tech crime The Council invites Member States to join the G8 24-hour information network in order to handle the various types of high-tech crime as swiftly as possible and in a highly professional way; to conserve evidence in environments where information can be destroyed rapidly. ACT Council Recommendation of 25 June 2001 on contact points maintaining a 24-hour service for combating high-tech crime. SUMMARY On 19 March 1998 the Council invited the Member States to join the G8 24-hour information network for combating high-tech crime. This network will provide the countries which join it with an overview of computer network crime, given that it often occurs simultaneously at different locations in different countries. At a meeting held in Washington on 9 and 10 December 1997, the justice and home affairs ministers of the G8 adopted the network's basic principles. An action plan was also adopted which made provision for countries from outside the G8 circle to join the network. The network was established between 1998 and 2000. Those EU Member States which do not form part of the G8 network have joined Interpol's "National Central Reference Point System" (NCRP). However, Interpol's national central reference points do not always provide 24-readiness. The two networks will work together in a spirit of cooperation. In addition, those Member States which are not represented in the G8 network should be able to link a 24-hour function to their specialist units that form part of the Interpol network. The Council therefore recommends that those Member States that have not yet joined the G8 network of contact points do so, and that the national units designated as contact points specialise in combating high-tech crime. The Council also recommends that those units should be able to take operational measures. References Act Entry into force Deadline for transposition in the Member States Official Journal Council Recommendation of 25 June 2001 - - OJ C 187 of 3.07.2001 RELATED ACTS Council Framework Decision 2005/222/JHA of 24 February 2005 on attacks against information systems last update 27.06.2006


EUR-Lex - 32001L0029 - EN Avis juridique important | 32001L0029 Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society Official Journal L 167 , 22/06/2001 P. 0010 - 0019 Directive 2001/29/EC of the European Parliament and of the Councilof 22 May 2001on the harmonisation of certain aspects of copyright and related rights in the information societyTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 47(2), 55 and 95 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Acting in accordance with the procedure laid down in Article 251 of the Treaty(3),Whereas:(1) The Treaty provides for the establishment of an internal market and the institution of a system ensuring that competition in the internal market is not distorted. Harmonisation of the laws of the Member States on copyright and related rights contributes to the achievement of these objectives.(2) The European Council, meeting at Corfu on 24 and 25 June 1994, stressed the need to create a general and flexible legal framework at Community level in order to foster the development of the information society in Europe. This requires, inter alia, the existence of an internal market for new products and services. Important Community legislation to ensure such a regulatory framework is already in place or its adoption is well under way. Copyright and related rights play an important role in this context as they protect and stimulate the development and marketing of new products and services and the creation and exploitation of their creative content.(3) The proposed harmonisation will help to implement the four freedoms of the internal market and relates to compliance with the fundamental principles of law and especially of property, including intellectual property, and freedom of expression and the public interest.(4) A harmonised legal framework on copyright and related rights, through increased legal certainty and while providing for a high level of protection of intellectual property, will foster substantial investment in creativity and innovation, including network infrastructure, and lead in turn to growth and increased competitiveness of European industry, both in the area of content provision and information technology and more generally across a wide range of industrial and cultural sectors. This will safeguard employment and encourage new job creation.(5) Technological development has multiplied and diversified the vectors for creation, production and exploitation. While no new concepts for the protection of intellectual property are needed, the current law on copyright and related rights should be adapted and supplemented to respond adequately to economic realities such as new forms of exploitation.(6) Without harmonisation at Community level, legislative activities at national level which have already been initiated in a number of Member States in order to respond to the technological challenges might result in significant differences in protection and thereby in restrictions on the free movement of services and products incorporating, or based on, intellectual property, leading to a refragmentation of the internal market and legislative inconsistency. The impact of such legislative differences and uncertainties will become more significant with the further development of the information society, which has already greatly increased transborder exploitation of intellectual property. This development will and should further increase. Significant legal differences and uncertainties in protection may hinder economies of scale for new products and services containing copyright and related rights.(7) The Community legal framework for the protection of copyright and related rights must, therefore, also be adapted and supplemented as far as is necessary for the smooth functioning of the internal market. To that end, those national provisions on copyright and related rights which vary considerably from one Member State to another or which cause legal uncertainties hindering the smooth functioning of the internal market and the proper development of the information society in Europe should be adjusted, and inconsistent national responses to the technological developments should be avoided, whilst differences not adversely affecting the functioning of the internal market need not be removed or prevented.(8) The various social, societal and cultural implications of the information society require that account be taken of the specific features of the content of products and services.(9) Any harmonisation of copyright and related rights must take as a basis a high level of protection, since such rights are crucial to intellectual creation. Their protection helps to ensure the maintenance and development of creativity in the interests of authors, performers, producers, consumers, culture, industry and the public at large. Intellectual property has therefore been recognised as an integral part of property.(10) If authors or performers are to continue their creative and artistic work, they have to receive an appropriate reward for the use of their work, as must producers in order to be able to finance this work. The investment required to produce products such as phonograms, films or multimedia products, and services such as "on-demand" services, is considerable. Adequate legal protection of intellectual property rights is necessary in order to guarantee the availability of such a reward and provide the opportunity for satisfactory returns on this investment.(11) A rigorous, effective system for the protection of copyright and related rights is one of the main ways of ensuring that European cultural creativity and production receive the necessary resources and of safeguarding the independence and dignity of artistic creators and performers.(12) Adequate protection of copyright works and subject-matter of related rights is also of great importance from a cultural standpoint. Article 151 of the Treaty requires the Community to take cultural aspects into account in its action.(13) A common search for, and consistent application at European level of, technical measures to protect works and other subject-matter and to provide the necessary information on rights are essential insofar as the ultimate aim of these measures is to give effect to the principles and guarantees laid down in law.(14) This Directive should seek to promote learning and culture by protecting works and other subject-matter while permitting exceptions or limitations in the public interest for the purpose of education and teaching.(15) The Diplomatic Conference held under the auspices of the World Intellectual Property Organisation (WIPO) in December 1996 led to the adoption of two new Treaties, the "WIPO Copyright Treaty" and the "WIPO Performances and Phonograms Treaty", dealing respectively with the protection of authors and the protection of performers and phonogram producers. Those Treaties update the international protection for copyright and related rights significantly, not least with regard to the so-called "digital agenda", and improve the means to fight piracy world-wide. The Community and a majority of Member States have already signed the Treaties and the process of making arrangements for the ratification of the Treaties by the Community and the Member States is under way. This Directive also serves to implement a number of the new international obligations.(16) Liability for activities in the network environment concerns not only copyright and related rights but also other areas, such as defamation, misleading advertising, or infringement of trademarks, and is addressed horizontally in Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the internal market ("Directive on electronic commerce")(4), which clarifies and harmonises various legal issues relating to information society services including electronic commerce. This Directive should be implemented within a timescale similar to that for the implementation of the Directive on electronic commerce, since that Directive provides a harmonised framework of principles and provisions relevant inter alia to important parts of this Directive. This Directive is without prejudice to provisions relating to liability in that Directive.(17) It is necessary, especially in the light of the requirements arising out of the digital environment, to ensure that collecting societies achieve a higher level of rationalisation and transparency with regard to compliance with competition rules.(18) This Directive is without prejudice to the arrangements in the Member States concerning the management of rights such as extended collective licences.(19) The moral rights of rightholders should be exercised according to the legislation of the Member States and the provisions of the Berne Convention for the Protection of Literary and Artistic Works, of the WIPO Copyright Treaty and of the WIPO Performances and Phonograms Treaty. Such moral rights remain outside the scope of this Directive.(20) This Directive is based on principles and rules already laid down in the Directives currently in force in this area, in particular Directives 91/250/EEC(5), 92/100/EEC(6), 93/83/EEC(7), 93/98/EEC(8) and 96/9/EC(9), and it develops those principles and rules and places them in the context of the information society. The provisions of this Directive should be without prejudice to the provisions of those Directives, unless otherwise provided in this Directive.(21) This Directive should define the scope of the acts covered by the reproduction right with regard to the different beneficiaries. This should be done in conformity with the acquis communautaire. A broad definition of these acts is needed to ensure legal certainty within the internal market.(22) The objective of proper support for the dissemination of culture must not be achieved by sacrificing strict protection of rights or by tolerating illegal forms of distribution of counterfeited or pirated works.(23) This Directive should harmonise further the author's right of communication to the public. This right should be understood in a broad sense covering all communication to the public not present at the place where the communication originates. This right should cover any such transmission or retransmission of a work to the public by wire or wireless means, including broadcasting. This right should not cover any other acts.(24) The right to make available to the public subject-matter referred to in Article 3(2) should be understood as covering all acts of making available such subject-matter to members of the public not present at the place where the act of making available originates, and as not covering any other acts.(25) 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. It should be made clear that all rightholders recognised by this Directive should have an exclusive right to make available to the public copyright works or any other subject-matter by way of interactive on-demand transmissions. Such interactive on-demand transmissions are characterised by the fact that members of the public may access them from a place and at a time individually chosen by them.(26) With regard to the making available in on-demand services by broadcasters of their radio or television productions incorporating music from commercial phonograms as an integral part thereof, collective licensing arrangements are to be encouraged in order to facilitate the clearance of the rights concerned.(27) The mere provision of physical facilities for enabling or making a communication does not in itself amount to communication within the meaning of this Directive.(28) Copyright protection under this Directive includes the exclusive right to control distribution of the work incorporated in a tangible article. The first sale in the Community of the original of a work or copies thereof by the rightholder or with his consent exhausts the right to control resale of that object in the Community. This right should not be exhausted in respect of the original or of copies thereof sold by the rightholder or with his consent outside the Community. Rental and lending rights for authors have been established in Directive 92/100/EEC. The distribution right provided for in this Directive is without prejudice to the provisions relating to the rental and lending rights contained in Chapter I of that Directive.(29) The question of exhaustion does not arise in the case of services and on-line services in particular. This also applies with regard to a material copy of a work or other subject-matter made by a user of such a service with the consent of the rightholder. Therefore, the same applies to rental and lending of the original and copies of works or other subject-matter which are services by nature. Unlike CD-ROM or CD-I, where the intellectual property is incorporated in a material medium, namely an item of goods, every on-line service is in fact an act which should be subject to authorisation where the copyright or related right so provides.(30) The rights referred to in this Directive may be transferred, assigned or subject to the granting of contractual licences, without prejudice to the relevant national legislation on copyright and related rights.(31) 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. The existing exceptions and limitations to the rights as set out by the Member States have to be reassessed in the light of the new electronic environment. Existing differences in the exceptions and limitations to certain restricted acts have direct negative effects on the functioning of the internal market of copyright and related rights. Such differences could well become more pronounced in view of the further development of transborder exploitation of works and cross-border activities. In order to ensure the proper functioning of the internal market, such exceptions and limitations should be defined more harmoniously. The degree of their harmonisation should be based on their impact on the smooth functioning of the internal market.(32) This Directive provides for an exhaustive enumeration of exceptions and limitations to the reproduction right and the right of communication to the public. Some exceptions or limitations only apply to the reproduction right, where appropriate. This list takes due account of the different legal traditions in Member States, while, at the same time, aiming to ensure a functioning internal market. Member States should arrive at a coherent application of these exceptions and limitations, which will be assessed when reviewing implementing legislation in the future.(33) The exclusive right of reproduction should be subject to an exception to allow certain acts of temporary reproduction, which are transient or incidental reproductions, forming an integral and essential part of a technological process and carried out for the sole purpose of enabling either efficient transmission in a network between third parties by an intermediary, or a lawful use of a work or other subject-matter to be made. The acts of reproduction concerned should have no separate economic value on their own. To the extent that they meet these conditions, this exception should include acts which enable browsing as well as acts of caching to take place, including those which enable transmission systems to function efficiently, provided that the intermediary does not modify the information and does not interfere with the lawful use of technology, widely recognised and used by industry, to obtain data on the use of the information. A use should be considered lawful where it is authorised by the rightholder or not restricted by law.(34) Member States should be given the option of providing for certain exceptions or limitations for cases such as educational and scientific purposes, for the benefit of public institutions such as libraries and archives, for purposes of news reporting, for quotations, for use by people with disabilities, for public security uses and for uses in administrative and judicial proceedings.(35) In certain cases of exceptions or limitations, rightholders should receive fair compensation to compensate them adequately for the use made of their protected works or other subject-matter. When determining the form, detailed arrangements and possible level of such fair compensation, account should be taken of the particular circumstances of each case. When evaluating these circumstances, a valuable criterion would be the possible harm to the rightholders resulting from the act in question. In cases where rightholders have already received payment in some other form, for instance as part of a licence fee, no specific or separate payment may be due. The level of fair compensation should take full account of the degree of use of technological protection measures referred to in this Directive. In certain situations where the prejudice to the rightholder would be minimal, no obligation for payment may arise.(36) The Member States may provide for fair compensation for rightholders also when applying the optional provisions on exceptions or limitations which do not require such compensation.(37) Existing national schemes on reprography, where they exist, do not create major barriers to the internal market. Member States should be allowed to provide for an exception or limitation in respect of reprography.(38) Member States should be allowed to provide for an exception or limitation to the reproduction right for certain types of reproduction of audio, visual and audio-visual material for private use, accompanied by fair compensation. This may include the introduction or continuation of remuneration schemes to compensate for the prejudice to rightholders. 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. Digital private copying is likely to be more widespread and have a greater economic impact. Due account should therefore be taken of the differences between digital and analogue private copying and a distinction should be made in certain respects between them.(39) When applying the exception or limitation 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. Such exceptions or limitations should not inhibit the use of technological measures or their enforcement against circumvention.(40) Member States may provide for an exception or limitation for the benefit of certain non-profit making establishments, such as publicly accessible libraries and equivalent institutions, as well as archives. However, this should be limited to certain special cases covered by the reproduction right. Such an exception or limitation should not cover uses made in the context of on-line delivery of protected works or other subject-matter. This Directive should be without prejudice to the Member States' option to derogate from the exclusive public lending right in accordance with Article 5 of Directive 92/100/EEC. Therefore, specific contracts or licences should be promoted which, without creating imbalances, favour such establishments and the disseminative purposes they serve.(41) When applying the exception or limitation in respect of ephemeral recordings made by broadcasting organisations it is understood that a broadcaster's own facilities include those of a person acting on behalf of and under the responsibility of the broadcasting organisation.(42) When applying the exception or limitation for non-commercial educational and scientific research purposes, including distance learning, the non-commercial nature of the activity in question should be determined by that activity as such. The organisational structure and the means of funding of the establishment concerned are not the decisive factors in this respect.(43) It is in any case important for the Member States to adopt all necessary measures to facilitate access to works by persons suffering from a disability which constitutes an obstacle to the use of the works themselves, and to pay particular attention to accessible formats.(44) When applying the exceptions and limitations provided for in this Directive, they should be exercised in accordance with international obligations. Such exceptions and limitations may not be applied in a way which prejudices the legitimate interests of the rightholder or which conflicts with the normal exploitation of his work or other subject-matter. The provision of such exceptions or limitations by Member States should, in particular, duly reflect the increased economic impact that such exceptions or limitations may have in the context of the new electronic environment. Therefore, the scope of certain exceptions or limitations may have to be even more limited when it comes to certain new uses of copyright works and other subject-matter.(45) The exceptions and limitations referred to in Article 5(2), (3) and (4) should not, however, prevent the definition of contractual relations designed to ensure fair compensation for the rightholders insofar as permitted by national law.(46) Recourse to mediation could help users and rightholders to settle disputes. The Commission, in cooperation with the Member States within the Contact Committee, should undertake a study to consider new legal ways of settling disputes concerning copyright and related rights.(47) Technological development will allow rightholders to make use of technological measures designed to prevent or restrict acts not authorised by the rightholders of any copyright, rights related to copyright or the sui generis right in databases. 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. In order to avoid fragmented legal approaches that could potentially hinder the functioning of the internal market, there is a need to provide for harmonised legal protection against circumvention of effective technological measures and against provision of devices and products or services to this effect.(48) Such legal protection should be provided in respect of technological measures that effectively restrict acts not authorised by the rightholders of any copyright, rights related to copyright or the sui generis right in databases without, however, preventing the normal operation of electronic equipment and its technological development. Such legal protection implies no obligation to design devices, products, components or services to correspond to technological measures, so long as such device, product, component or service does not otherwise fall under the prohibition of Article 6. 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. In particular, this protection should not hinder research into cryptography.(49) The legal protection of technological measures is without prejudice to the application of any national provisions which may prohibit the private possession of devices, products or components for the circumvention of technological measures.(50) Such a harmonised legal protection does not affect the specific provisions on protection provided for by Directive 91/250/EEC. In particular, it should not apply to the protection of technological measures used in connection with computer programs, which is exclusively addressed in that Directive. It should neither inhibit nor prevent the development or use of any means of circumventing a technological measure that is necessary to enable acts to be undertaken in accordance with the terms of Article 5(3) or Article 6 of Directive 91/250/EEC. Articles 5 and 6 of that Directive exclusively determine exceptions to the exclusive rights applicable to computer programs.(51) The legal protection of technological measures applies without prejudice to public policy, as reflected in Article 5, or public security. Member States should promote voluntary measures taken by rightholders, including the conclusion and implementation of agreements between rightholders and other parties concerned, to accommodate achieving the objectives of certain exceptions or limitations provided for in national law in accordance with this Directive. In the absence of such voluntary measures or agreements within a reasonable period of time, Member States should take appropriate measures to ensure that rightholders provide beneficiaries of such exceptions or limitations with appropriate means of benefiting from them, by modifying an implemented technological measure or by other means. However, in order to prevent abuse of such measures taken by rightholders, including within the framework of agreements, or taken by a Member State, any technological measures applied in implementation of such measures should enjoy legal protection.(52) When implementing an exception or limitation for private copying in accordance with Article 5(2)(b), Member States should likewise promote the use of voluntary measures to accommodate achieving the objectives of such exception or limitation. If, within a reasonable period of time, no such voluntary measures to make reproduction for private use possible have been taken, Member States may take measures to enable beneficiaries of the exception or limitation concerned to benefit from it. Voluntary measures taken by rightholders, including agreements between rightholders and other parties concerned, as well as measures taken by Member States, do not prevent rightholders from using technological measures which are consistent with the exceptions or limitations on private copying in national law in accordance with Article 5(2)(b), taking account of the condition of fair compensation under that provision and the possible differentiation between various conditions of use in accordance with Article 5(5), such as controlling the number of reproductions. In order to prevent abuse of such measures, any technological measures applied in their implementation should enjoy legal protection.(53) The protection of technological measures should ensure a secure environment for the provision of interactive on-demand services, in such a way that members of the public may access works or other subject-matter from a place and at a time individually chosen by them. Where such services are governed by contractual arrangements, the first and second subparagraphs of Article 6(4) should not apply. Non-interactive forms of online use should remain subject to those provisions.(54) Important progress has been made in the international standardisation of technical systems of identification of works and protected subject-matter in digital format. In an increasingly networked environment, differences between technological measures could lead to an incompatibility of systems within the Community. Compatibility and interoperability of the different systems should be encouraged. It would be highly desirable to encourage the development of global systems.(55) Technological development will facilitate the distribution of works, notably on networks, and this will entail the need for rightholders to identify better the work or other subject-matter, the author or any other rightholder, and to provide information about the terms and conditions of use of the work or other subject-matter in order to render easier the management of rights attached to them. Rightholders should be encouraged to use markings indicating, in addition to the information referred to above, inter alia their authorisation when putting works or other subject-matter on networks.(56) There is, however, the danger that illegal activities might be carried out in order to remove or alter the electronic copyright-management information attached to it, or otherwise to distribute, import for distribution, broadcast, communicate to the public or make available to the public works or other protected subject-matter from which such information has been removed without authority. In order to avoid fragmented legal approaches that could potentially hinder the functioning of the internal market, there is a need to provide for harmonised legal protection against any of these activities.(57) Any such rights-management information systems referred to above may, depending on their design, at the same time process personal data about the consumption patterns of protected subject-matter by individuals and allow for tracing of on-line behaviour. These technical means, in their technical functions, should incorporate privacy safeguards in accordance with Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and the free movement of such data(10).(58) Member States should provide for effective sanctions and remedies for infringements of rights and obligations as set out in this Directive. They should take all the measures necessary to ensure that those sanctions and remedies are applied. The sanctions thus provided for should be effective, proportionate and dissuasive and should include the possibility of seeking damages and/or injunctive relief and, where appropriate, of applying for seizure of infringing material.(59) In the digital environment, in particular, the services of intermediaries may increasingly be used by third parties for infringing activities. In many cases such intermediaries are best placed to bring such infringing activities to an end. Therefore, without prejudice to any other sanctions and remedies available, rightholders should have the possibility of applying for an injunction against an intermediary who carries a third party's infringement of a protected work or other subject-matter in a network. This possibility should be available even where the acts carried out by the intermediary are exempted under Article 5. The conditions and modalities relating to such injunctions should be left to the national law of the Member States.(60) The protection provided under this Directive should be without prejudice to national or Community legal provisions in other areas, such as industrial property, data protection, conditional access, access to public documents, and the rule of media exploitation chronology, which may affect the protection of copyright or related rights.(61) In order to comply with the WIPO Performances and Phonograms Treaty, Directives 92/100/EEC and 93/98/EEC should be amended,HAVE ADOPTED THIS DIRECTIVE:CHAPTER IOBJECTIVE AND SCOPEArticle 1Scope1. This Directive concerns the legal protection of copyright and related rights in the framework of the internal market, with particular emphasis on the information society.2. Except in the cases referred to in Article 11, this Directive shall leave intact and shall in no way affect existing Community provisions relating to:(a) the legal protection of computer programs;(b) rental right, lending right and certain rights related to copyright in the field of intellectual property;(c) copyright and related rights applicable to broadcasting of programmes by satellite and cable retransmission;(d) the term of protection of copyright and certain related rights;(e) the legal protection of databases.CHAPTER IIRIGHTS AND EXCEPTIONSArticle 2Reproduction rightMember States shall provide for the exclusive right to authorise or prohibit direct or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part:(a) for authors, of their works;(b) for performers, of fixations of their performances;(c) for phonogram producers, of their phonograms;(d) for the producers of the first fixations of films, in respect of the original and copies of their films;(e) for broadcasting organisations, of fixations of their broadcasts, whether those broadcasts are transmitted by wire or over the air, including by cable or satellite.Article 3Right of communication to the public of works and right of making available to the public other subject-matter1. Member States shall provide authors with the exclusive right to authorise or prohibit any communication to the public of their works, by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access them from a place and at a time individually chosen by them.2. Member States shall provide for the exclusive right to authorise or prohibit the making available to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them:(a) for performers, of fixations of their performances;(b) for phonogram producers, of their phonograms;(c) for the producers of the first fixations of films, of the original and copies of their films;(d) for broadcasting organisations, of fixations of their broadcasts, whether these broadcasts are transmitted by wire or over the air, including by cable or satellite.3. The rights referred to in paragraphs 1 and 2 shall not be exhausted by any act of communication to the public or making available to the public as set out in this Article.Article 4Distribution right1. Member States shall provide for authors, in respect of the original of their works or of copies thereof, the exclusive right to authorise or prohibit any form of distribution to the public by sale or otherwise.2. The distribution right shall not be exhausted within the Community in respect of the original or copies of the work, except where the first sale or other transfer of ownership in the Community of that object is made by the rightholder or with his consent.Article 5Exceptions and limitations1. Temporary acts of reproduction referred to in Article 2, which are transient or incidental [and] an integral and essential part of a technological process and whose sole purpose is to enable:(a) a transmission in a network between third parties by an intermediary, or(b) a lawful useof a work or other subject-matter to be made, and which have no independent economic significance, shall be exempted from the reproduction right provided for in Article 2.2. Member States may provide for exceptions or limitations to the reproduction right provided for in Article 2 in the following cases:(a) in respect of reproductions on paper or any similar medium, effected by the use of any kind of photographic technique or by some other process having similar effects, with the exception of sheet music, provided that the rightholders receive fair compensation;(b) in respect of reproductions on any medium made by a natural person for private use and for ends that are neither directly nor indirectly commercial, on condition that the rightholders receive fair compensation which takes account of the application or non-application of technological measures referred to in Article 6 to the work or subject-matter concerned;(c) in respect of specific acts of reproduction made by publicly accessible libraries, educational establishments or museums, or by archives, which are not for direct or indirect economic or commercial advantage;(d) in respect of ephemeral recordings of works made by broadcasting organisations by means of their own facilities and for their own broadcasts; the preservation of these recordings in official archives may, on the grounds of their exceptional documentary character, be permitted;(e) in respect of reproductions of broadcasts made by social institutions pursuing non-commercial purposes, such as hospitals or prisons, on condition that the rightholders receive fair compensation.3. Member States may provide for exceptions or limitations to the rights provided for in Articles 2 and 3 in the following cases:(a) use for the sole purpose of illustration for teaching or scientific research, as long as the source, including the author's name, is indicated, unless this turns out to be impossible and to the extent justified by the non-commercial purpose to be achieved;(b) uses, for the benefit of people with a disability, which are directly related to the disability and of a non-commercial nature, to the extent required by the specific disability;(c) reproduction by the press, communication to the public or making available of published articles on current economic, political or religious topics or of broadcast works or other subject-matter of the same character, in cases where such use is not expressly reserved, and as long as the source, including the author's name, is indicated, or use of works or other subject-matter in connection with the reporting of current events, to the extent justified by the informatory purpose and as long as the source, including the author's name, is indicated, unless this turns out to be impossible;(d) quotations for purposes such as criticism or review, provided that they relate to a work or other subject-matter which has already been lawfully made available to the public, that, unless this turns out to be impossible, the source, including the author's name, is indicated, and that their use is in accordance with fair practice, and to the extent required by the specific purpose;(e) use for the purposes of public security or to ensure the proper performance or reporting of administrative, parliamentary or judicial proceedings;(f) use of political speeches as well as extracts of public lectures or similar works or subject-matter to the extent justified by the informatory purpose and provided that the source, including the author's name, is indicated, except where this turns out to be impossible;(g) use during religious celebrations or official celebrations organised by a public authority;(h) use of works, such as works of architecture or sculpture, made to be located permanently in public places;(i) incidental inclusion of a work or other subject-matter in other material;(j) use for the purpose of advertising the public exhibition or sale of artistic works, to the extent necessary to promote the event, excluding any other commercial use;(k) use for the purpose of caricature, parody or pastiche;(l) use in connection with the demonstration or repair of equipment;(m) use of an artistic work in the form of a building or a drawing or plan of a building for the purposes of reconstructing the building;(n) use by communication or making available, for the purpose of research or private study, to individual members of the public by dedicated terminals on the premises of establishments referred to in paragraph 2(c) of works and other subject-matter not subject to purchase or licensing terms which are contained in their collections;(o) use in certain other cases of minor importance where exceptions or limitations already exist under national law, provided that they only concern analogue uses and 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.4. Where the Member States may provide for an exception or limitation to the right of reproduction pursuant to paragraphs 2 and 3, they may provide similarly for an exception or limitation to the right of distribution as referred to in Article 4 to the extent justified by the purpose of the authorised act of reproduction.5. The exceptions and limitations provided for in paragraphs 1, 2, 3 and 4 shall only be applied in certain special cases which do not conflict with a normal exploitation of the work or other subject-matter and do not unreasonably prejudice the legitimate interests of the rightholder.CHAPTER IIIPROTECTION OF TECHNOLOGICAL MEASURES AND RIGHTS-MANAGEMENT INFORMATIONArticle 6Obligations as to technological measures1. Member States shall provide adequate legal protection against the circumvention of any effective technological measures, which the person concerned carries out in the knowledge, or with reasonable grounds to know, that he or she is pursuing that objective.2. Member States shall provide adequate legal protection against the manufacture, import, distribution, sale, rental, advertisement for sale or rental, or possession for commercial purposes of devices, products or components or the provision of services which:(a) are promoted, advertised or marketed for the purpose of circumvention of, 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.3. For the purposes of this Directive, the expression "technological measures" means any technology, device or component that, in the normal course of its operation, is designed to prevent or restrict acts, in respect of works or other subject-matter, which are not authorised by the rightholder of any copyright or any right related to copyright as provided for by law or the sui generis right provided for in Chapter III of Directive 96/9/EC. Technological measures shall be deemed "effective" where the use of a protected work or other subject-matter is controlled by the rightholders through application of an access control or protection process, such as encryption, scrambling or other transformation of the work or other subject-matter or a copy control mechanism, which achieves the protection objective.4. Notwithstanding the legal protection provided for in paragraph 1, in the absence of voluntary measures taken by rightholders, including agreements between rightholders and other parties concerned, Member States shall take appropriate measures to ensure that rightholders make available to the beneficiary of an exception or limitation provided for in national law in accordance with Article 5(2)(a), (2)(c), (2)(d), (2)(e), (3)(a), (3)(b) or (3)(e) the means of benefiting from that exception or limitation, to the extent necessary to benefit from that exception or limitation and where that beneficiary has legal access to the protected work or subject-matter concerned.A Member State may also take such measures in respect of a beneficiary of an exception or limitation provided for in accordance with Article 5(2)(b), unless reproduction for private use has already been made possible by rightholders to the extent necessary to benefit from the exception or limitation concerned and in accordance with the provisions of Article 5(2)(b) and (5), without preventing rightholders from adopting adequate measures regarding the number of reproductions in accordance with these provisions.The technological measures applied voluntarily by rightholders, including those applied in implementation of voluntary agreements, and technological measures applied in implementation of the measures taken by Member States, shall enjoy the legal protection provided for in paragraph 1.The provisions of the first and second 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.When this Article is applied in the context of Directives 92/100/EEC and 96/9/EC, this paragraph shall apply mutatis mutandis.Article 7Obligations concerning rights-management information1. Member States shall provide for adequate legal protection against any person knowingly performing without authority any of the following acts:(a) the removal or alteration of any electronic rights-management information;(b) the distribution, importation for distribution, broadcasting, communication or making available to the public of works or other subject-matter protected under this Directive or under Chapter III of Directive 96/9/EC from which electronic rights-management information has been removed or altered without authority,if such person knows, or has reasonable grounds to know, that by so doing he is inducing, enabling, facilitating or concealing an infringement of any copyright or any rights related to copyright as provided by law, or of the sui generis right provided for in Chapter III of Directive 96/9/EC.2. For the purposes of this Directive, the expression "rights-management information" means any information provided by rightholders which identifies the work or other subject-matter referred to in this Directive or covered by the sui generis right provided for in Chapter III of Directive 96/9/EC, the author or any other rightholder, or information about the terms and conditions of use of the work or other subject-matter, and any numbers or codes that represent such information.The first subparagraph shall apply when any of these items of information is associated with a copy of, or appears in connection with the communication to the public of, a work or other subjectmatter referred to in this Directive or covered by the sui generis right provided for in Chapter III of Directive 96/9/EC.CHAPTER IVCOMMON PROVISIONSArticle 8Sanctions and remedies1. Member States shall provide appropriate sanctions and remedies in respect of infringements of the rights and obligations set out in this Directive and shall take all the measures necessary to ensure that those sanctions and remedies are applied. The sanctions thus provided for shall be effective, proportionate and dissuasive.2. Each Member State shall take the measures necessary to ensure that rightholders whose interests are affected by an infringing activity carried out on its territory can bring an action for damages and/or apply for an injunction and, where appropriate, for the seizure of infringing material as well as of devices, products or components referred to in Article 6(2).3. Member States shall ensure that rightholders are in a position to apply for an injunction against intermediaries whose services are used by a third party to infringe a copyright or related right.Article 9Continued application of other legal provisionsThis Directive shall be without prejudice to provisions concerning in particular patent rights, trade marks, design rights, utility models, topographies of semi-conductor products, type faces, conditional access, access to cable of broadcasting services, protection of national treasures, legal deposit requirements, laws on restrictive practices and unfair competition, trade secrets, security, confidentiality, data protection and privacy, access to public documents, the law of contract.Article 10Application over time1. The provisions of this Directive shall apply in respect of all works and other subject-matter referred to in this Directive which are, on 22 December 2002, protected by the Member States' legislation in the field of copyright and related rights, or which meet the criteria for protection under the provisions of this Directive or the provisions referred to in Article 1(2).2. This Directive shall apply without prejudice to any acts concluded and rights acquired before 22 December 2002.Article 11Technical adaptations1. Directive 92/100/EEC is hereby amended as follows:(a) Article 7 shall be deleted;(b) Article 10(3) shall be replaced by the following: "3. The limitations shall only be applied in certain special cases which do not conflict with a normal exploitation of the subject-matter and do not unreasonably prejudice the legitimate interests of the rightholder."2. Article 3(2) of Directive 93/98/EEC shall be replaced by the following: "2. The rights of producers of phonograms shall expire 50 years after the fixation is made. However, if the phonogram has been lawfully published within this period, the said rights shall expire 50 years from the date of the first lawful publication. If no lawful publication has taken place within the period mentioned in the first sentence, and if the phonogram has been lawfully communicated to the public within this period, the said rights shall expire 50 years from the date of the first lawful communication to the public.However, where through the expiry of the term of protection granted pursuant to this paragraph in its version before amendment by Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society(11) the rights of producers of phonograms are no longer protected on 22 December 2002, this paragraph shall not have the effect of protecting those rights anew."Article 12Final provisions1. Not later than 22 December 2004 and every three years thereafter, the Commission shall submit to the European Parliament, the Council and the Economic and Social Committee a report on the application of this Directive, in which, inter alia, on the basis of specific information supplied by the Member States, it shall examine in particular the application of Articles 5, 6 and 8 in the light of the development of the digital market. In the case of Article 6, it shall examine in particular whether that Article confers a sufficient level of protection and whether acts which are permitted by law are being adversely affected by the use of effective technological measures. Where necessary, in particular to ensure the functioning of the internal market pursuant to Article 14 of the Treaty, it shall submit proposals for amendments to this Directive.2. Protection of rights related to copyright under this Directive shall leave intact and shall in no way affect the protection of copyright.3. A contact committee is hereby established. It shall be composed of representatives of the competent authorities of the Member States. It shall be chaired by a representative of the Commission and shall meet either on the initiative of the chairman or at the request of the delegation of a Member State.4. The tasks of the committee shall be as follows:(a) to examine the impact of this Directive on the functioning of the internal market, and to highlight any difficulties;(b) to organise consultations on all questions deriving from the application of this Directive;(c) to facilitate the exchange of information on relevant developments in legislation and case-law, as well as relevant economic, social, cultural and technological developments;(d) to act as a forum for the assessment of the digital market in works and other items, including private copying and the use of technological measures.Article 13Implementation1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive before 22 December 2002. They shall forthwith inform the Commission thereof.When Member States adopt these measures, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.2. Member States shall communicate to the Commission the text of the provisions of domestic law which they adopt in the field governed by this Directive.Article 14Entry into forceThis Directive shall enter into force on the day of its publication in the Official Journal of the European Communities.Article 15AddresseesThis Directive is addressed to the Member States.Done at Brussels, 22 May 2001.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentM. Winberg(1) OJ C 108, 7.4.1998, p. 6 andOJ C 180, 25.6.1999, p. 6.(2) OJ C 407, 28.12.1998, p. 30.(3) Opinion of the European Parliament of 10 February 1999 (OJ C 150, 28.5.1999, p. 171), Council Common Position of 28 September 2000 (OJ C 344, 1.12.2000, p. 1) and Decision of the European Parliament of 14 February 2001 (not yet published in the Official Journal). Council Decision of 9 April 2001.(4) OJ L 178, 17.7.2000, p. 1.(5) Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs (OJ L 122, 17.5.1991, p. 42). Directive as amended by Directive 93/98/EEC.(6) 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 (OJ L 346, 27.11.1992, p. 61). Directive as amended by Directive 93/98/EEC.(7) Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission (OJ L 248, 6.10.1993, p. 15).(8) Council Directive 93/98/EEC of 29 October 1993 harmonising the term of protection of copyright and certain related rights (OJ L 290, 24.11.1993, p. 9).(9) Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (OJ L 77, 27.3.1996, p. 20).(10) OJ L 281, 23.11.1995, p. 31.(11) OJ L 167, 22.6.2001, p. 10.

Summary: Copyright and related rights in the information society Copyright and related rights in the information society SUMMARY OF: Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society WHAT IS THE AIM OF THE DIRECTIVE? The directive aims to adapt legislation on copyright and related rights to technological developments and particularly to the information society, while providing for a high level of protection of intellectual property. It seeks to implement 2 international treaties that were concluded in December 1996: the World Intellectual Property Organisation (WIPO) Copyright Treaty and the WIPO Performances and Phonograms Treaty (see relevant summary). It is 1 of several directives and regulations, including Directive 2004/48/EC on the enforcement of intellectual property rights (see summary), Directive 2012/28/EU on orphan works (see summary), and Directive 2014/26/EU on the collective management of copyright and related rights (see summary), which together comprise European Union (EU) copyright legislation. KEY POINTS The directive harmonises key rights granted to authors and neighbouring rightholders (the reproduction right, the right of communication to the public and the distribution right) and — to a lesser degree — exceptions and limitations to these rights. It also harmonises the protection of technological measures and of rights management information, sanctions and remedies. Reproduction right EU Member States must provide for the exclusive right to authorise or prohibit direct or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part: for authors, of the original and copies of their works; for performers, of fixations* of their performances; for phonogram producers, of their phonograms; for the producers of the first fixation of films, with respect to the original and copies of their films; for broadcasting organisations, of fixations of their broadcasts, whether those broadcasts are transmitted by wire or over the air (wireless), including by cable or satellite. Right of communication to the public Member States must provide authors with the exclusive right to authorise or prohibit any communication to the public of their works. This includes making their works available to the public in such a way that members of the public may access them when and where they choose.Member States must also provide for the exclusive right to authorise or prohibit the making available to the public: for performers, of fixations of their performances; for phonogram producers, of their phonograms; for the producers of the first fixation of films, with respect to the original and copies of their films; for broadcasting organisations, of fixations of their broadcasts — regardless of the method of transmission. Distribution right Member States must provide authors with the exclusive right to authorise or prohibit any distribution to the public of their works or copies of their works. This distribution right is exhausted within the EU where the first sale or first other transfer of ownership in the EU of a work is made by the rightholder or with their consent. Exceptions and limitations The directive sets out an exhaustive list of exceptions and limitations to rights, in order to facilitate the use of protected content in specific circumstances.There is a mandatory exception to the right of reproduction for certain temporary acts of reproduction which are an integral and essential part of a technological process (temporary copies), and which aim to enable a lawful use or a transmission in a network between third parties by an intermediary, of a work or other subject matter. All the other exceptions and limitations relating to the rights of reproduction and communication to the public are optional (Member States may decide to implement them or not) and particularly concern the ‘public’ domain. For 3 of these exceptions — reprography*, reproductions for private use and broadcasts made by social institutions — the rightholders must receive fair compensation. Where Member States provide for exceptions and limitations to the reproduction right, they may provide for similar exceptions to the distribution right. Legal protection Member States must provide legal protection against the circumvention of any effective technological measures covering works or any other subject matter. This legal protection also relates to the manufacture, import, distribution and sale of devices or provision of services which would contribute to the circumvention of technological measures. Protection of rights-management information Member States must provide legal protection against any person knowingly performing without authority any of the following acts: the removal or alteration of any electronic rights-management information; the distribution, broadcasting, communication or making available to the public of works or other protected subject matter from which electronic rights-management information has been removed. Sanctions and remedies Member States must provide for appropriate sanctions and remedies in case of infringements of the rights harmonised in this directive. They have to ensure that rightholders can apply for an injunction against intermediaries whose services are used by a third party to infringe a copyright or related right. Amendments to Directive 2001/29/EC Directive 2001/29/EC has been amended twice by: Directive (EU) 2017/1564, the directive on permitted uses of certain works protected by copyright for the benefit of persons who are blind, visually impaired or otherwise print-disabled (see summary) and implementing the Marrakesh Treaty in the EU (see summary). This Directive introduces a mandatory exception to the rights that are harmonised by EU law and relevant for the uses and works covered by the Marrakesh Treaty. These rights include, in particular, the rights of reproduction, communication to the public, making available to the public, distribution and lending. The amendment clarifies that Article 5(3)(b) of Directive 2001/29/EC allowing Member States to provide for exceptions or limitations for the benefit of persons with a disability applies to cases which are not covered by Directive 2017/1564. Directive (EU) 2019/790, on copyright and related rights in the EU’s digital single market (see summary). Article 24 clarifies that Member States may rely on the exceptions and limitations provided in Article 5(2)(c) and Article 5(3)(a) of Directive 2001/29/EC, which concern acts of reproduction made by publicly accessible libraries, educational establishments or museums, or by archives, and respectively, the use for the sole purpose of illustration for teaching or scientific research, without prejudice to the exceptions and limitations provided for in Directive 2019/790/EC. FROM WHEN DOES THE DIRECTIVE APPLY? Directive 2001/29/EC has applied since 22 June 2001 and had to become law in the Member States by 22 December 2002. BACKGROUND For more information, see: Shaping Europe’s digital future — copyright (European Commission). KEY TERMS Fixation: a work has to be embodied in a copy that allows it to be seen or copied by others (i.e. in a tangible medium such as a recording). Reprography: the science and practice of copying and reproducing documents and graphic material. MAIN DOCUMENT Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ L 167, 22.6.2001, pp. 10–19) Successive amendments to Directive 2001/29/EC have been incorporated in the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Directive 2019/789/EU on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes (OJ L 130, 17.5.2019, pp. 82–91) Directive 2019/790/EU on copyright and related rights in the Digital Single Market (OJ L 130, 17.5.2019, pp. 92–125) Regulation 2017/1128/EU on cross-border portability of online content services in the internal market (OJ L 168, 30.6.2017, pp. 1–11) (‘Portability Regulation’) See consolidated version. Regulation 2017/1563/EU on the cross-border exchange between the Union and third countries of accessible format copies of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled OJ L 242, 20.9.2017, pp. 1–5) (Regulation implementing the Marrakech Treaty in the EU) Directive 2017/1564/EU on certain permitted uses of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled (OJ L 242, 20.9.2017, pp. 6–13) (Directive implementing the Marrakech Treaty in the EU) Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market (OJ L 84, 20.3.2014, pp. 72–98) (‘CRM Directive’) Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works (OJ L 299, 27.10.2012, pp. 5–12) (‘Orphan Works Directive’) Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs (Codified version) (OJ L 111, 5.5.2009, pp. 16–22) (‘Software Directive’) Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property (codified version) (OJ L 376, 27.12.2006, pp.28–35) (‘Rental and Lending Directive’) Directive 2006/116/EC of the European Parliament and of the Council of 12 December 2006 on the term of protection of copyright and certain related rights (codified version) (OJ L 372, 27.12.2006, pp. 12–18) (‘Term Directive’) See consolidated version. Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights (OJ L 157, 30.4.2004, pp. 45–86) (‘IPRED’). Text republished in corrigendum (OJ L 195, 2.6.2004, pp. 16–25) See consolidated version. Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art (OJ L 272, 13.10.2001, pp. 32–36) (‘Resale Right Directive’) Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (OJ L 77, 27.3.1996, pp. 20–28) (‘Database Directive’) See consolidated version. Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission (OJ L 248, 6.10.1993, pp. 15–21) (‘Satellite and Cable Directive’) See consolidated version. last update 23.09.2021