ANALYSIS OF THE DIRECTIVE ON COPYRIGHT IN THE DSM

What is the copyright directive in the DSM?

The copyright directive in the DSM is a directive of the European Union which harmonizes certain aspects of copyright law across the EU. It was adopted in 2001 and came into force in 2002. The directive is implemented in the national laws of the member states of the EU.

The directive has two main objectives: to ensure that authors and other creators are adequately compensated for the use of their works, and to ensure that works are protected from unauthorized uses.

The directive does not harmonize all aspects of copyright law, but only those which are considered to be essential for the functioning of the internal market. The directive does not deal with moral rights, for example.

What are the main provisions of the copyright directive?

The copyright directive contains a number of provisions which harmonize certain aspects of copyright law across the EU. The main provisions of the directive are as follows:

  • The directive provides for the exclusive right of authors and other creators to authorize or prohibit the reproduction of their works. This right is subject to a number of exceptions, such as the reproduction of works for the purpose of quotation or criticism.
  • The directive provides for the exclusive right of authors and other creators to authorize or prohibit the making available to the public of their works. This right is subject to a number of exceptions, such as the making available of works for the purpose of education or research.
  • The directive provides for the exclusive right of authors and other creators to authorize or prohibit the communication to the public of their works. This right is subject to a number of exceptions, such as the communication of works for the purpose of news reporting.
  • The directive provides for the exclusive right of authors and other creators to authorize or prohibit 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.
  • The directive provides for the exclusive right of authors and other creators to authorize or prohibit the distribution of their works.
  • The directive provides for the exclusive right of authors and other creators to authorize or prohibit 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.
  • The directive provides for the exclusive right of authors and other creators to authorize or prohibit any form of exploitation of their works.
  • The directive provides for the right of authors and other creators to receive adequate remuneration for the use of their works.
  • The directive provides for the protection of the rights of performers, producers of phonograms and broadcasts, and authors of databases.

What are the main exceptions to the copyright directive?

The copyright directive contains a number of exceptions to the exclusive rights of authors and other creators. The main exceptions are as follows:

  • The reproduction of works for the purpose of quotation or criticism.
  • The making available of works for the purpose of education or research.
  • The communication of works for the purpose of news reporting.
  • The making available of works to the public in such a way that members of the public may access them from a place and at a time individually chosen by them.
  • The distribution of works to the public in such a way that members of the public may access them from a place and at a time individually chosen by them.
  • The making available of works to the public in such a way that members of the public may access them from a place and at a time individually chosen by them.
  • The reproduction of works for the purpose of judicial proceedings or for the giving of professional advice.
  • The reproduction of works for the purpose of public security or for the protection of the rights of the creator.
  • The reproduction of works for the purpose of advertising the sale of goods or services.
  • The making available of works to the public in accessible format copies.

What are the main criticisms of the copyright directive?

The copyright directive has been the subject of a number of criticisms. The main criticisms are as follows:

  • The directive does not provide for a fair balance between the rights of creators and the rights of users. The directive gives too much power to creators and not enough to users.
  • The directive does not provide for adequate remuneration of creators. The directive does not require that creators be paid for the use of their works, but only that they be paid “adequate” remuneration. This leaves a great deal of room for interpretation and leaves creators at the mercy of those who wish to use their works.
  • The directive does not provide for adequate protection of works. The directive does not require that works be protected from unauthorized uses, but only that they be protected from “illegal” uses. This leaves a great deal of room for interpretation and leaves works at the mercy of those who wish to use them without authorization.
  • The directive does not provide for adequate protection of performers, producers of phonograms and broadcasts, and authors of databases. The directive does not require that these groups be protected from unauthorized uses, but only that they be protected from “illegal” uses. This leaves a great deal of room for interpretation and leaves these groups at the mercy of those who wish to use their works without authorization.

What are the main benefits of the copyright directive?

The copyright directive has a number of benefits. The main benefits are as follows:

  • The directive provides for the exclusive right of authors and other creators to authorize or prohibit the reproduction of their works. This right is essential for the protection of the works of creators.
  • The directive provides for the exclusive right of authors and other creators to authorize or prohibit the making available to the public of their works. This right is essential for the protection of the works of creators.
  • The directive provides for the exclusive right of authors and other creators to authorize or prohibit the communication to the public of their works. This right is essential for the protection of the works of creators.
  • The directive provides for the exclusive right of authors and other creators to authorize or prohibit 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.
  • The directive provides for the exclusive right of authors and other creators to authorize or prohibit the distribution of their works. This right is essential for the protection of the works of creators.
  • The directive provides for the exclusive right of authors and other creators to authorize or prohibit 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.
  • The directive provides for the exclusive right of authors and other creators to authorize or prohibit any form of exploitation of their works. This right is essential for the protection of the works of creators.
  • The directive provides for the right of authors and other creators to receive adequate remuneration for the use of their works. This right is essential for the protection of the rights of creators.
  • The directive provides for the protection of the rights of performers, producers of phonograms and broadcasts, and authors of databases. This protection is essential for the protection of the rights of these groups.