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 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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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
(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:
OBJECTIVE AND SCOPE
1. This Directive concerns the legal protection of copyright and related rights
in the framework of the internal market, with particular emphasis on the
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.
RIGHTS AND EXCEPTIONS
Member 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
Right of communication to the public of works and right of making available to
the public other subject-matter
1. 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
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.
1. 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.
Exceptions and limitations
1. 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 use
of 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
(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
(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
(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
(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
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.
PROTECTION OF TECHNOLOGICAL MEASURES AND RIGHTS-MANAGEMENT INFORMATION
Obligations as to technological measures
1. 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
(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.
Obligations concerning rights-management information
1. 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
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
Sanctions and remedies
1. 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
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.
Continued application of other legal provisions
This 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.
Application over time
1. 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.
1. 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
1. 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
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
(c) to facilitate the exchange of information on relevant developments in
legislation and case-law, as well as relevant economic, social, cultural and
(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.
1. 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
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.
Entry into force
This Directive shall enter into force on the day of its publication in the
Official Journal of the European Communities.
This Directive is addressed to the Member States.
Done at Brussels, 22 May 2001.
For the European Parliament
For the Council
(1) OJ C 108, 7.4.1998, p. 6 and
OJ 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
(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
(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.