3. Evaluating Directive 2001/29/EC in the Light of the Digital Public Domain
This chapter presents an evaluation of Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the digital information society.[1] The Directive entered into force on 22 June 2001,[2] and its objectives were twofold: (1) to adapt legislation on copyright and related rights to reflect technological developments; and (2) to transpose into community law the main international obligations arising from the two treaties on copyright and related rights adopted within the framework of the World Intellectual Property Organisation (WIPO) in December 1996.[3] The Directive was one of the centrepieces of the original Lisbon Agenda of 2000. The renewed Lisbon Agenda aims at fostering economic prosperity, jobs and growth, in particular by boosting the knowledge-based economy, and by enhancing the quality of community regulation (“better regulation”). In doing so, the original Lisbon aim of making the European
Union “the most dynamic and competitive knowledge-based economy in
- ↑ This chapter is partly based on Lucie Guibault et al., “Study on the Implementation and Effect in Member States’ Laws of Directive 2001/29/EC on the Harmonisation of Certain Aspects of Copyright and Related Rights in the Information Society”, report to the European Commission, ETD/2005/IM/D1/91, DG Internal Market (February 2007), available at http://www.ivir.nl/publications/guibault/Infosoc_report_2007.pdf.
- ↑ OJ 2001 L 167 of 22.6.2001, p. 10 (hereafter “Directive 2001/29/EC” or “Information Society Directive”).
- ↑ WIPO Copyright Treaty (WCT) and WIPO Performers and Phonograms Treaty (WPPT) both signed at the WIPO Diplomatic Conference, Geneva, 20 December 1996.
