The draft directive seeks to provide a harmonised and
appropriate legal framework in the Internal Market for copyright
and related rights in the Information Society. In particular, it
seeks to harmonise the rights of reproduction, communication,
making available to the public and distribution of works.
The directive is based on the principle of striking a balance
between the interests of copyright owners on the one hand, and the
interests of other parties on the other hand (ISPs, consumers,
equipment manufacturers, libraries, publishers, and others). It
calls upon Member States to provide for authors’ exclusive rights
concerning the reproduction as well as communication and
distribution to the public of their works.
The directive, however, contains a list of optional exceptions
to these rights. They may apply in special cases that do not
conflict with a normal exploitation of their work or other subject
matter and do not unreasonably prejudice the legitimate interests
of the rightholder.
These exceptions or limitations may apply, for example, to
reproduction for private use and for non-commercial ends, use for
the purpose of illustration for teaching and scientific research,
use for the benefit of people with a disability, specific acts of
reproduction made by publicly accessible libraries, recordings of
broadcasts made by social institutions etc.
In principle, rightholders are entitled to a fair compensation
in some of these cases.
Rightholders are entitled to protect their works effectively by
technological measures against any violation. However, where
rightholders have not taken voluntary measures to give the
beneficiaries of certain exceptions access to their protected work,
Member States will have to take appropriate measures to enable
users to benefit from the exceptions concerned.
