Copyright issues in the European Union : towards a science- and education-friendly copyright

Abstract

This report concentrates on EU copyright regulation since 2001, in particular as far as science, education and memory institutions such as libraries are concerned. The copyright law of the European Union cannot be seen independently from international law and context (Berne Convention, WIPO, TRIPS). Member states´ copyright in the EU is strongly based on the author’s right tradition (droit d´auteur); it does not have a general underlying principle such as the American-style ´fair use`. Therefore, the interest of the public, including the interest of science, education and the libraries, in using published information objects is only taken into account in the EU by explicitly and narrowly specified limitations and exceptions from the author´s exclusive rights (under the control of the three-step test). Since 2000 the EU has passed many Green Papers and Directives concerning copyright law. Directives are obligatory for the member states to transfer into national law. The most important and influential legislative act of the EU concerning copyright is the Directive 2001/29/EC which, among other things, defines an optional, but exhaustive set of limitations. In the last few years the EU Commission has become increasingly aware that Europe's copyright laws are outdated and have become more a disabling rather than an enabling instrument. Consequently, there have been some remarkable attempts to overcome the European copyright blockade. A new copyright balance in the EU is particularly needed with respect to science, education and to intermediary institutions such as libraries, archives, museums, and other organizations acting in the public interest. For this reason ENCES, the European Network for Copyright in support of Education and Science, proposed a unified copyright regulation for the use of published works in science and education in 2012.The development of a fair, balanced copyright will remain one of the major challenges to modern society. Unrestricted access to published knowledge is the basis for invention in science, for a high-quality educational system on all levels and not least for an innovative industry and for the democratic participation of everyone in all aspects of public and political life.