© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO European Instruments on Intellectual Property Olav Torvund

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO Overview Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programsCouncil Directive 91/250/EEC Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual propertyCouncil Directive 92/100/EEC of 19 November 1992 Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission93/83/EEC of 27 September 1993 Council Directive 93/98/EEC of 29 October 1993 harmonizing the term of protection of copyright and certain related rightsCouncil Directive 93/98/EEC of 29 October 1993

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databasesDirective 96/9/EC of the European Parliament and of the Council of 11 March 1996 Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designsDirective 98/71/EC of the European Parliament and of the Council of 13 October 1998 Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information societyDirective 2001/29/EC of the European Parliament and of the Council of 22 May 2001

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO Council Directive 91/250/EEC Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO Article 1 Object of protection 1. In accordance with the provisions of this Directive, Member States shall protect computer programs, by copyright, as literary works within the meaning of the Berne Convention for the Protection of Literary and Artistic Works. For the purposes of this Directive, the term 'computer programs` shall include their preparatory design material. 2. Protection in accordance with this Directive shall apply to the expression in any form of a computer program. Ideas and principles which underlie any element of a computer program, including those which underlie its interfaces, are not protected by copyright under this Directive. 3. A computer program shall be protected if it is original in the sense that it is the author's own intellectual creation. No other criteria shall be applied to determine its eligibility for protection.

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO Software Art 1 sub 1 –1. In accordance with the provisions of this Directive, Member States shall protect computer programs, by copyright, as literary works within the meaning of the Berne Convention for the Protection of Literary and Artistic Works. For the purposes of this Directive, the term 'computer programs` shall include their preparatory design material. TRIPS art 10(1) –1. Computer programs, whether in source or object code, shall be protected as literary works under the Berne Convention (1971). WCT art 4 –Computer programs are protected as literary works within the meaning of Article 2 of the Berne Convention. Such protection applies to computer programs, whatever may be the mode or form of their expressionArticle 2 of the Berne Convention

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO Software Art 1 sub 1 –1. In accordance with the provisions of this Directive, Member States shall protect computer programs, by copyright, as literary works within the meaning of the Berne Convention for the Protection of Literary and Artistic Works. For the purposes of this Directive, the term 'computer programs` shall include their preparatory design material.

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO Software Art 1 sub 2 2. Protection in accordance with this Directive shall apply to the expression in any form of a computer program. Ideas and principles which underlie any element of a computer program, including those which underlie its interfaces, are not protected by copyright under this Directive.

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO Software Art 1 sub 2 2. Protection in accordance with this Directive shall apply to the expression in any form of a computer program. Ideas and principles which underlie any element of a computer program, including those which underlie its interfaces, are not protected by copyright under this Directive.

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO Expression and idea dichotomy Art 1 sub 2 –2. Protection in accordance with this Directive shall apply to the expression in any form of a computer program. Ideas and principles which underlie any element of a computer program, including those which underlie its interfaces, are not protected by copyright under this Directive. WCT art 2 (TRIPS art 9 (2)) –Copyright protection extends to expressions and not to ideas, procedures, methods of operation or mathematical concepts as such.

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO Council Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property Council Directive 92/100/EEC of 19 November 1992

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO Article 1 Object of harmonization 1. In accordance with the provisions of this Chapter, Member States shall provide, subject to Article 5, a right to authorize or prohibit the rental and lending of originals and copies of copyright works, and other subject matter as set out in Article 2 (1). 2 (…)

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO Article 3 Rental of computer programs This Directive shall be without prejudice to Article 4 (c) of Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs (1).

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO Software directive Article 4 Restricted Acts Subject to the provisions of Articles 5 and 6, the exclusive rights of the rightholder within the meaning of Article 2, shall include the right to do or to authorize: (…) (c) any form of distribution to the public, including the rental, of the original computer program or of copies thereof. The first sale in the Community of a copy of a program by the rightholder or with his consent shall exhaust the distribution right within the Community of that copy, with the exception of the right to control further rental of the program or a copy thereof.

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO Rental rights – TRIPS art 11 In respect of at least computer programs and cinematographic works, a Member shall provide authors and their successors in title the right to authorize or to prohibit the commercial rental to the public of originals or copies of their copyright works. A Member shall be excepted from this obligation in respect of cinematographic works unless such rental has led to widespread copying of such works which is materially impairing the exclusive right of reproduction conferred in that Member on authors and their successors in title. In respect of computer programs, this obligation does not apply to rentals where the program itself is not the essential object of the rental.

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO Rental rights – WCT art 7 (1) Authors of –(i) computer programs; –(ii) cinematographic works; and –(iii) works embodied in phonograms, as determined in the national law of Contracting Parties, shall enjoy the exclusive right of authorizing commercial rental to the public of the originals or copies of their works.

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO WCT art 7 (2) Paragraph (1) shall not apply Paragraph (1 –(i) in the case of computer programs, where the program itself is not the essential object of the rental; and –(ii) in the case of cinematographic works, unless such commercial rental has led to widespread copying of such works materially impairing the exclusive right of reproduction.

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO Article 6 Fixation right 1. Member States shall provide for performers the exclusive right to authorize or prohibit the fixation of their performances. 2. Member States shall provide for broadcasting organizations the exclusive right to authorize or prohibit the fixation of their broadcasts, whether these broadcasts are transmitted by wire or over the air, including by cable or satellite. 3. A cable distributor shall not have the right provided for in paragraph 2 where it merely retransmits by cable the broadcasts of broadcasting organizations.

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission93/83/EEC of 27 September 1993

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO Article 2 Broadcasting right Member States shall provide an exclusive right for the author to authorize the communication to the public by satellite of copyright works, subject to the provisions set out in this chapter.

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO Article 8 Cable retransmission right 1. Member States shall ensure that when programmes from other Member States are retransmitted by cable in their territory the applicable copyright and related rights are observed and that such retransmission takes place on the basis of individual or collective contractual agreements between copyright owners, holders of related rights and cable operators. 2. Notwithstanding paragraph 1, Member States may retain until 31 December 1997 such statutory licence systems which are in operation or expressly provided for by national law on 31 July 1991.

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO Council Directive 93/98/EEC of 29 October 1993 Council Directive 93/98/EEC of 29 October 1993 harmonizing the term of protection of copyright and certain related rights

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO Article 1 Duration of authors' rights 1. The rights of an author of a literary or artistic work within the meaning of Article 2 of the Berne Convention shall run for the life of the author and for 70 years after his death, irrespective of the date when the work is lawfully made available to the public. 2. In the case of a work of joint authorship the term referred to in paragraph 1 shall be calculated from the death of the last surviving author. 3. In the case of anonymous or pseudonymous works, the term of protection shall run for seventy years after the work is lawfully made available to the public. However, when the pseudonym adopted by the author leaves no doubt as to his identity, or if the author discloses his identity during the period referred to in the first sentence, the term of protection applicable shall be that laid down in paragraph 1. (4 … 6)

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO Article 2 Cinematographic or audiovisual works 1. The principal director of a cinematographic or audiovisual work shall be considered as its author or one of its authors. Member States shall be free to designate other co-authors. 2. The term of protection of cinematographic or audiovisual works shall expire 70 years after the death of the last of the following persons to survive, whether or not these persons are designated as co-authors: the principal director, the author of the screenplay, the author of the dialogue and the composer of music specifically created for use in the cinematographic or audiovisual work.

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO Article 3 Duration of related rights 1. The rights of performers shall expire 50 years after the date of the performance. However, if a fixation of the performance is lawfully published or lawfully communicated to the public within this period, the rights shall expire 50 years from the date of the first such publication or the first such communication to the public, whichever is the earlier. 2. The rights of producers of phonograms shall expire 50 years after the fixation is made. However, if the phonogram is lawfully published or lawfully communicated to the public during this period, the rights shall expire 50 years from the date of the first such publication or the first such communication to the public, whichever is the earlier. 3. The rights of producers of the first fixation of a film shall expire 50 years after the fixation is made. However, if the film is lawfully published or lawfully communicated to the public during this period, the rights shall expire 50 years from the date of the first such publication or the first such communication to the public, whichever is the earlier. The term 'film' shall designate a cinematographic or audiovisual work or moving images, whether or not accompanied by sound. 4. The rights of broadcasting organizations shall expire 50 years after the first transmission of a broadcast, whether this broadcast is transmitted by wire or over the air, including by cable or satellite.

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO Article 4 Protection of previously unpublished works Any person who, after the expiry of copyright protection, for the first time lawfully publishes or lawfully communicates to the public a previously unpublished work, shall benefit from a protection equivalent to the economic rights of the author. The term of protection of such rights shall be 25 years from the time when the work was first lawfully published or lawfully communicated to the public.

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO Article 5 Critical and scientific publications Member States may protect critical and scientific publications of works which have come into the public domain. The maximum term of protection of such rights shall be 30 years from the time when the publication was first lawfully published.

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO Article 5 Critical and scientific publications Member States may protect critical and scientific publications of works which have come into the public domain. The maximum term of protection of such rights shall be 30 years from the time when the publication was first lawfully published.

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO Article 6 Protection of photographs Photographs which are original in the sense that they are the author's own intellectual creation shall be protected in accordance with Article 1. No other criteria shall be applied to determine their eligibility for protection. Member States may provide for the protection of other photographs.

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO Article 6 Protection of photographs Photographs which are original in the sense that they are the author's own intellectual creation shall be protected in accordance with Article 1. No other criteria shall be applied to determine their eligibility for protection. Member States may provide for the protection of other photographs.

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO Article 7 Protection vis-à-vis third countries 1. Where the country of origin of a work, within the meaning of the Berne Convention, is a third country, and the author of the work is not a Community national, the term of protection granted by the Member States shall expire on the date of expiry of the protection granted in the country of origin of the work, but may not exceed the term laid down in Article 1. (2 …3)

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO Article 1 Scope 1. This Directive concerns the legal protection of databases in any form. 2. For the purposes of this Directive, 'database` shall mean a collection of independent works, data or other materials arranged in a systematic or methodical way and individually accessible by electronic or other means. 3. Protection under this Directive shall not apply to computer programs used in the making or operation of databases accessible by electronic means.

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO CHAPTER II COPYRIGHT Article 3 Object of protection 1. In accordance with this Directive, databases which, by reason of the selection or arrangement of their contents, constitute the author's own intellectual creation shall be protected as such by copyright. No other criteria shall be applied to determine their eligibility for that protection. 2. The copyright protection of databases provided for by this Directive shall not extend to their contents and shall be without prejudice to any rights subsisting in those contents themselves.

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO TRIPS article Compilations of data or other material, whether in machine readable or other form, which by reason of the selection or arrangement of their contents constitute intellectual creations shall be protected as such. Such protection, which shall not extend to the data or material itself, shall be without prejudice to any copyright subsisting in the data or material itself.

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO WCT art 5 Compilations of Data (Databases) Compilations of data or other material, in any form, which by reason of the selection or arrangement of their contents constitute intellectual creations, are protected as such. This protection does not extend to the data or the material itself and is without prejudice to any copyright subsisting in the data or material contained in the compilation.55

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO Bern art 2(5) (5) Collections of literary or artistic works such as encyclopaedias and anthologies which, by reason of the selection and arrangement of their contents, constitute intellectual creations shall be protected as such, without prejudice to the copyright in each of the works forming part of such collections.

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO CHAPTER III SUI GENERIS RIGHT Article 7 Object of protection 1. Member States shall provide for a right for the maker of a database which shows that there has been qualitatively and/or quantitatively a substantial investment in either the obtaining, verification or presentation of the contents to prevent extraction and/or re-utilization of the whole or of a substantial part, evaluated qualitatively and/or quantitatively, of the contents of that database. (2 …5)

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO Article 2 Scope of application 1. This Directive shall apply to: (a) design rights registered with the central industrial property offices of the Member States; (b) design rights registered at the Benelux Design Office; (c) design rights registered under international arrangements which have effect in a Member State; (d) applications for design rights referred to under (a), (b) and (c).

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO Article 1 Scope 1. This Directive concerns the legal protection of copyright and related rights in the framework of the internal market, with particular emphasis on the information society. 2. Except in the cases referred to in Article 11, this Directive shall leave intact and shall in no way affect existing Community provisions relating to: (a) the legal protection of computer programs; (b) rental right, lending right and certain rights related to copyright in the field of intellectual property; (c) copyright and related rights applicable to broadcasting of programmes by satellite and cable retransmission; (d) the termof protection of copyright and certain related rights; (e) the legal protection of databases.

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO CHAPTER II RIGHTS AND EXCEPTIONS Article 2 Reproduction right Article 3 Right of communication to the public of works and right of making available to the public other subject-matter Article 4 Distribution right Article 5 Exceptions and limitations

© Olav Torvund - NORWEGIAN RESEARCH CENTER FOR COMPUTERS AND LAW UNIVERSITY OF OSLO CHAPTER III PROTECTION OF TECHNOLOGICAL MEASURES AND RIGHTS- MANAGEMENT INFORMATION Article 6 Obligations as to technological measures Article 7 Obligations concerning rights- management information