Abstract

In this paper, the Berkman Center’s Digital Media Project team provides an overview of the current state of implementation (update available here) of the European Union’s Directive 2001/29/EC, better known as the EU Copyright Directive (EUCD), which seeks to harmonize the divergent European copyright regimes and to transpose the WIPO-treaties (see chart). The study, "Transposing the Copyright Directive: Legal Protection of Technological Measures in EU-Member States," analyzes the ways in which EU member states have transposed the EUCD’s provisions on the protection of technological measures (such as encryption, digital watermarking, copy-control technologies, etc.) into national law, and takes a closer look at the relevant definitions, exemptions, sanctions and remedies.

eucd.pdf

In essence, the paper demonstrates that EU member states continue to struggle with some of the thorniest problems already identified at the level of the EUCD, and leave it to the national courts and, ultimately, to the European Court of Justice not only to fine-tune the new legislation, but also to address and resolve rather fundamental issues related to the legal protection of technological measures. The paper suggests that the EUCD, in fact, has led to a certain level of harmonization of member states’ laws, but also identifies and maps significant differences among member states in the field of anti-circumvention laws.

A linklist to international and national legislation on technological protection measures with focus on the relevant laws of EU member states has also been made available here by the Digital Media Project team. Links to other useful materials and sources are posted here.

Authors
Urs Gasser -- ugasser AT cyber.law.harvard.edu
Michael Girsberger -- michael.girsberger AT unilu.ch

Digital Media Project Principal Investigator
William W. Fisher, III

Digital Media Project Coordinator
Meg Smith -- mesmith AT cyber.law.harvard.edu

Communications Coordinator
Mary Bridges -- mbridges AT cyber.law.harvard.edu

The Digital Media Project Team welcomes comments on the paper.  Please email digital-media AT cyber.law.harvard.edu.