Introduction to: Implementing the EU Copyright Directive

Abstract

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 has proven more contentious than its drafters foresaw. This EU Copyright Directive (EUCD), as it is commonly known, allowed only 19 months for implementation by Member States. But controversy in many of the fifteen States meant that only Denmark and Greece met this deadline.

This guide describes the debate that has occurred within each of the EU states during this process of implementation. It also describes the options that are available in implementation, and how these options have been exercised across the EU. Our aim is to provide information to government and civil society bodies in the countries that will be joining the EU during 2004, and hence who must also transpose the Directive into national law as part of that process. These organisations will then be in a better position to represent the views of copyright users in the debate over transposition, in order to ensure a proper balance between the rights of rightsholders and users.

Keywords: information society directive, copyright, EU, technological protection measures, DMCA

JEL Classification: O31, O33, O34, O38