Abstract
The following article continues the series of articles on copyright issues of interest to IFLA members. An article on copyright in Japan will appear in the next issue of IFLA Journal, followed by articles on copyright of audiovisual materials and electronic materials. The IFLA Copyright Committee invites IFLA members to comment on these articles, to offer advice on activities it should undertake, and to share their experiences, interests or questions on this important professional aspect of our work.
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References
1.
Green Paper on copyright and the challenge of technology: copyright issues requiring immediate action. - COM (88) 172 final., 23/08/88.
2.
EECTreaty, Article 8a: "The Community shall adopt measures with the aim of progressively establishing the internal market over a period expiring on 31 December 1992..." Added by the Single European Act, art. 13. In: Official Journal No. L 169, 29/06/87, p. 7.
3.
Green Paper
, supra note 1 , p. 1 .
4.
Follow-up to the Green Paper: working programme of the Commission in the field of copyright and neighbouring rights. - COM (90) 584 final.
5.
Proposal for a Council Directive on the legal protection of computer programs: COM (88) 816 final. In: Official Journal No. C 91, 12/04/89, p. 4.
6.
ibid. p. 12: "It is important, given the need to encourage computer literacy in all sections of the Community, that libraries are able to offer computer programs for study by the public in the same way as they offer other literary works."
7.
Council Directive of 14 May 1991 on the legal protection of computer programs. In: Official Journal No. L 122, 17/ 05/91, p. 42.
8.
Proposal for a Council Directive on rental right, lending right, and on certain rights related to copyright: COM (90) 586 final. In: Official Journal No. C 53, 28/02/91, p. 35.
9.
Books and Reading: a cultural challenge for Europe. - COM (89) 258 final, 03/08/89, 34 pp.
10.
Art. 1,1: "...Member States shall provide a right to authorize or prohibit the rental and lending of originals and copies of copyright works..." Art. 1,2: "For the purposes of this Directive, "rental" means making available for use, for a limited period of time and for profit-making purposes..." Art. 1,3: "For the purposes of this Directive, "lending" means making available for use, for a limited period of time, and not for direct profit-making purposes, if it is made through institutions which are accessible to the public, such as ... libraries..."
11.
"Member States may... derogate from the copyright based exclusive lending right... provided that... authors obtain an equitable remuneration through administering bodies for such lending... "
12.
Opinion on the proposal for a Council Directive on rental right, lending right, and on certain rights related to copyright. In: Official Journal No. C 269, 14/10/91, p. 54.
13.
ibid. p. 55: "The Committee would emphasize that the use of lending right should not prejudice the work of public libraries through the imposition of excessive charges."
14.
In a 1987 Resolution the European Parliament "calls upon the Member States to grant to all Community citizens the right to consult unconditionally and free of charge the works in all the public libraries... and to use... their resources by making copies, photocopies or microfilms for purposes of their research and work." In: Official Journal No. C 246, p. 136.
15.
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 intcllectual property. // In: Official Journal No. L 346, 27/11/92, p. 61-66.
16.
Art. 5,3: "Member states may exempt certain categories of establishments from the payment of the remuneration.
17.
Proposal for a Council Decision concerning the accession of the Member States to the Berne Convention for the Protection of Literary and Artistic Works, as revised by the Paris Act of 24 July 1971, and the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention) of 26 October 1961: COM (90) 582 final. In: Official Journal No. C 24, 31/01/91, p. 5.
18.
Proposal for a Council Directive on the legal protection of databases, 28/01/92.