Brussels, 08/06/2000 (Agence Europe) - After several years of negotiations, the EU 15 Permanent Representatives reached, on Thursday, an agreement on the draft directive on copyright in the information society. This text aims to adapt legislation on copyright and rights related to digital technologies and to smooth out distortions in this area in the internal market. It covers: a) exclusive rights to be paid to the rights holder (reproduction rights, public communication rights and broadcast rights); b) legal protection of anti-copying devices; c) rights management systems. It enumerates the exceptions for which no special authorisation is required, such as "technical copies" occurring during transmission via internet (the Member States must grant network operators a derogation to the prohibition on reproduction) or "copies for private use".
Lately, debate had concentrated on the question of copies for private use. The directive establishes that the states must ensure that rights holders receive "fair compensation" for private copies. The nature of this compensation (tax on the sale of blank cassettes and recording equipment, etc.) is left to the discretion of Member States. Some delegations (France, Belgium and Italy) had called for more guarantees for authors, but without success. The text states rather vaguely that compensation may "in certain situations" be "null".
The directive's exceptions include "time-shifting" (a practice that makes it possible to copy a work and watch it at a later date), demanded by the United Kingdom because its national legislation already allows such an exception. Lastly, the directive establishes that the States may grant rights holders the possibility of limiting the number of private copies through the use of technical means.
"This text gives Member States considerable room for manoeuvre, so they can take their national traditions into account", commented a European civil servant. "The European Commission could make a statement expressing its regret over the low level of harmonisation attained", but the spokesman commented nonetheless that the compromise is balanced and that Commissioner Frits Bolkestein is delighted that an agreement was reached on this issue, which is crucial for the development of electronic commerce in Europe.
At the latest Internal Market Council, the Presidency had considered convening another Council session on 15 June (see EUROPE of 26 May, page 8). In the end, the Council's common position will be adopted without debate at a forthcoming Council sitting and then forwarded to the European Parliament for second reading, with a view to final adoption of the directive before the end of the year.