Consultative Report On The Exceptions And Limitations On...

Consultative Report on the Exceptions and Limitations on Copyright under Directive 2001/29/EC â€Å"We believe people have the right to control their technology, and oppose the use of technology to control people.† With the adoption of the 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 the European legislator pursued two main objectives: to adapt legislation on copyright and related rights to reflect technological developments, and to transpose into Community law the main international obligations arising from the two treaties on copyright and related rights adopted within the framework of the World†¦show more content†¦General Remarks: The European Commission, in its review of the Single Market, highlighted the need to promote free movement of knowledge and innovation as the â€Å"fifth freedom† in the single market. To achieve this copyright is crucial not only for the protection of intellectual creation but also to ensure the dissemination of knowledge. Copyright has traditionally maintained this balance with a series of exceptions to the exclusive rights of copyright-holders as reflected in Article 5 of Directive 2001/29/EC. However technology has developed to such an extreme that it is now possible to effectively override copyright legislation. Two examples of this are the use of technological protection measures and licensing agreements, which are working to limit access to digital material only to those able to pay for it. There cannot exist a single market for information society services relying on copyright exceptions, unless those exceptions and their interpretations are harmonised across the EU. Whilst the Directive has harmonised certain rights , the same cannot be said about the exceptions of Article 5. We encourage the Commission to review Directive 2001/29/EC in order to address some of the main challenges consumers face in the digital age. Legal uncertainty: The approach to the exceptions provided in Directive 2001/29/EC is a clear policy failure. It is a