EUCD Best Practice Guide: Implementing the EU Copyright Directive in the Digital Age

29 Pages Posted: 19 Dec 2006  

Urs Gasser

Harvard University - Berkman Klein Center for Internet & Society

Silke Ernst

University of St. Gallen - Department of Law and Research Center for Information Law (FIR-HSG)

Date Written: December 2006

Abstract

This report provides a set of recommendations for transposing the European Union Copyright Directive (EUCD) into the national copyright frameworks of accession states and candidate countries. The guide, which is based on a peer-produced compilation and comparison of existing implementations of the EUCD across Europe, could also inform future law reform in existing member states.

The report focuses on digital copyright issues and suggests principles aimed at establishing best practices with regard to user autonomy and peer collaboration, diversity, and political and cultural participation. The study includes specific recommendations in controversial areas such as DRM anti-circumvention frameworks, private copying exceptions, teaching exceptions, exceptions for disabled people, exceptions for archives and libraries, as well as recommendations on issues such as reporting on current events, the quotation right, and provisions on caricature and parody, among others.

Keywords: copyright, EUCD, anti-circumvention legislation, copyright exceptions, privatecopying, best practice

JEL Classification: K20, K33, K42, L82, L86

Suggested Citation

Gasser, Urs and Ernst, Silke, EUCD Best Practice Guide: Implementing the EU Copyright Directive in the Digital Age (December 2006). U. of St. Gallen Law & Economics Working Paper No. 2007-01; Berkman Center Research Publication No. 2006-10. Available at SSRN: https://ssrn.com/abstract=952561 or http://dx.doi.org/10.2139/ssrn.952561

Urs Gasser (Contact Author)

Harvard University - Berkman Klein Center for Internet & Society ( email )

Harvard Law School
23 Everett, 2nd Floor
Cambridge, MA 02138
United States

HOME PAGE: http://cyber.law.harvard.edu/people/ugasser.html

Silke Ernst

University of St. Gallen - Department of Law and Research Center for Information Law (FIR-HSG) ( email )

Varnbuelstr. 14
Saint Gallen, St. Gallen CH-9000
Switzerland

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