EU directives in the field of copyright and related rights

Author:Ana-Maria Marinescu
Position:Director General PERGAM, PhD Candidate, Faculty of Law, 'Nicolae Titulescu' University of Bucharest (e-mail: amm_marinescu@yahoo.com).
Pages:50-65
SUMMARY

The aim of this article is to underline the evolution and the importance of the European Directives in the field of copyright and related rights, their contribution to the development of the law and the national implementation, namely their transposition into Romanian Law no. 8/1996 on copyright and related rights. For this purpose, the article will analyze the historical evolution of the... (see full summary)

 
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LESIJ NO. XXII, VOL. 1/2015
EU DIRECTIVES IN THE FIELD OF COPYRIGHT AND
RELATED RIGHTS
Ana-Maria MARINESCU*
Abstract
The aim of this article is to underline the evolution and the importance o f the European
Directives in the field of copyright and related rights, their contribution to the development of the law
and the national implementation, namely their transposition into Romanian Law no. 8/1996 on
copyright and related rights. For this purpose, the article will analyze the historical evolution of the
European Directives in the field of copyright and related rights and their most important dispositions.
Given the wide range of subject matter with which it is concerned, the European Directives in the field
of copyright and related rights address to enforcement, protection of databases, protection of computer
programs, resale right, satellite and cable, term of protection, rental and lending rights, copyright and
related rights in the information society, orphan works and management of copyright and related
rights. Taking into account the wild range of subjects that European Directives in the field of copyright
and related rights address, it is important to observe the permanent interest of the European legislator
on the harmonization of the law on copyright and related rights. In this way, the result was the adoption
of 7 directives in a 10-year interval between 1991 and 2001, and of 4 directives, including the one for
the modification of the Directive on the term of protection, also in a 10-year interval between 2004 and
2014. Despite the extensive p rocess of harmonization, copyright law in the Member States of the
European Union is still largely linked to geographical boundaries of sovereign states.
Keywords: directive, copyright and related rights, enforcement, protection of databases,
protection of computer programs, resale right, satellite and cable, term of p rotection, rental and
lending rights, copyright and related rights in the information society, orphan works, management of
copyright and related rights, evolution, harmonization, national implementation.
1. Introduction *
At the present 11 Directives in the field
of copyright and related rights are in place in
the European Union
1
:
a). Council Directive 91/250/CEE
from the 14th of May 1991 on legal
protection of computer programs, published
in the Official Journal of European
Communities no. L 122 from the 17th of Mai
1991, replaced by the Directive 2009/24/EC
* Director Genera l PERGAM, PhD Candida te, Faculty of Law, “Nicolae Titulescu” University of Bucharest
(e-mail: amm_marinescu@yahoo.com).
1
Ciprian-Raul Romițan, Paul-George Buta, Drept român și comunitar al proprietății intelectuale: Dreptul de
autor și drepturile conexe (București: Ed. ASDPI, 2006), 141-318, http://ec.europa.eu/internal_market/
copyright/acquis/index_en.htm, http://www.orda.ro/default.aspx?pagina=212
of the European Parliament and of the
Council of 23 April 2009 on the legal
protection of computer programs, published
in t he Official Journal of the European
Union no. L 111/16 from the 5 of May 2009;
b). Co uncil Directive 92/100/CEE
from the 19th of November 1992 on the
rental and lending right a nd other rights
related to copyright in the field of the
intellectual property, published in the
Official J ournal of EC no. L 346 from the
24th of November 1992;
Ana-Maria MARINESCU 51
LESIJ NO. XXII, VOL. 1/2015
c). Council Directive 93/83/CEE from
the 27th of Septe mber 1993 on the
harmonization of certain provisions
regarding cop yright a nd neighboring rights
applicable to the broadcasting of programs
via satellite and cable retransmission,
published in the Official Journal of EC no. L
248 from the 6th of October 1993;
d). Council Directive 93/98/CEE from
the 29th of October 1993 on the
harmonization of the duration for the
protection of co pyright and certain
neighboring rights, published in the O fficial
Journal of EC no. L 290 from t he 24th of
November 1993;
e). European Parliament Directive and
that of the Council 96/9/CE from the 11th of
March 1996 on the legal protection of
databases, published in the Official Journal
of European Communities no. L 077 from
the 27th of March 1996;
f). European Parliament Directive and
that of the Council 2001/29/CE from the
22nd of May 2001 on the harmonization of
certain issues of copyright and neighboring
rights in the information society, published
in the Official Journal of European
Communities no. L 006 from the 10th of
January 2002;
g). European Parliament Directive and
that of the Council 2001/84/CE from the
27th of September 2001 on resale right for
the benefit of the author of original works of
art, published in t he Official Journal of
European Communities no. L 272 from the
13th of October 2001;
h). European Parliament Directive and
that of the Council 2004/48/CE from the
29th of April 2004 on insuring the
observance of intellectual property rights,
2
Published in the Official Journal of Romania no. 60 from 26 March 1996, subsequently amended and completed
by Law no. 285/2004 on the modification and completion of Law no. 8/1996 (published in the Official Journal of
Romania no. 587/30.06.2004), GEO no. 123/2005 on the modification and completion of Law no. 8/1996 (published
in the Official Journal of Romania no. 843/19.09.2005) and Law no. 329/2006 (published in the Official Journal of
Romania no. 657/31.07.2006).
published in t he Official Journal of
European Communities no. L 157 from the
30th of April 2004;
i). Directive 2006/116/EC of the
European Parliament and of t he Council of
12 December 2006 on the term of protection
of co pyright and certain r elated rights,
published in the Official Journal of t he
European Union no. L 372/12 from 27
December 20 06, amended by the Directive
2011/77/EU of the European Parliament and
of the Council of 27 September 2011
amending Directive 2006/116/EC on the
term of protection of copyright and certain
related rights, published in the Official
Journal of the European Union no. L 265/1
from 11 October 2011;
j). Directive 201 2/28/EU of the
European Parliament and of t he Council of
25 October 2012 on certain permitted uses of
orphan works, published in the Official
Journal of the European Union no. L 299/5
from 27 October 2012;
k). Directive 2014/26/EU of the
European Parliament and of t he Council of
26 February 2014 on collective management
of copyright and related rights and multi-
territorial licensing of rights in musical
works for o nline use in the internal market,
published in the Official Journal of t he
European Union no. L 84/72 from 20 March
2014.
Having in mind the wide range of
subjects concerning copyright and related
rights described by the Directives, it is
important to analyze their historical
evolution, their main dispositions, the level
of harmonization and their national
implementation into the Law no. 8/1996 on
copyright and related rights
2
.

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