The upgrade in national copyright law should have completed by
22nd December last year; but only Greece and Denmark met the
deadline. Italy and Austria implemented the Directive in April and
June 2003 respectively. All other Member States are still in the
course of implementation and have stated that they will implement
the Directive during 2003.
While Germany has said that it expects to implement the
necessary law this month, the UK has been more ambiguous.
For several months, the UK's Copyright Directorate of the Patent
Office said that implementation would be "late spring" 2003. But
the latest notice from the Directorate acknowledges that "it has
now become clear that this latest target cannot be met." It adds
that the necessary legislation will be produced for laying before
Parliament "as soon as possible".
The Commission has decided not to wait and see. It is sending
"reasoned opinions" to the UK, Belgium, Germany, Spain, France,
Ireland, Luxembourg, the Netherlands, Portugal, Finland and Sweden.
The Commission says that in doing so it is "fulfilling its role as
guardian of the Treaties".
"Reasoned opinions" are the second stage under the EC Treaty's
formal infringement procedures. Should a Member State which has
received a reasoned opinion fail to give a satisfactory reply
within the deadline (usually two months), the Commission may refer
the matter to the European Court of Justice.
To "ensure that European citizens and businesses get the benefit
of the Directive as soon as possible," the Commission "will pursue
infringement procedures until all Member States have written the
Directive into national law."
The Copyright Directive is the European Union's attempt to
update copyright protection to keep pace with technology. It
harmonises the principal rights of authors and certain other
rightholders and provides for certain exceptions to copyright and
the protection of anti-circumvention measures and rights management
information.
Moreover, it is the means by which the European Union and its
Member States implement the two 1996 World Intellectual Property
Organisation (WIPO) "Internet Treaties", the WIPO Copyright Treaty
and the WIPO Performances and Phonograms Treaty, which have adapted
copyright protection to digital technology. This, says the
Commission, makes implementation all the more urgent.
The Commission also announced yesterday that it is taking action
against Member States for failure to implement or for implementing
incorrectly a Directive on the exchange of securities markets
information and Directives that affect competition among postal
services.
