The World Intellectual Property Organization’s (WIPO) Copyright Treaty (WCT) and the Performances and Phonograms Treaty (WPPT) were adopted by a diplomatic conference on December 20, 1996. The WCT entered into force on March 6, 2002 and the WPPT on May 20, 2002, after 30 member states had ratified them. As of September 24, 2004, 48 states have become party to the WCT and 44 states to the WPPT. The treaties, in article 11 WCT and article 18 WCCT, oblige ratifying parties to provide for adequate legal protection and effective legal remedies against the circumvention of effective technological measures such as access and copy control technology. The two provisions are of a general wording. Thus, different implementation regimes are evolving across the globe, often influenced, however, by the U.S. Digital Millennium Copyright Act (DMCA) and the European Union’s Copyright Directive.
To bring U.S. law into compliance with the obligations of the United States under the WCT and the WPPT - especially those provisions concerning TPM and rights management information (RMI) - the U.S. Congress passed and President Clinton signed into law the Digital Millennium Copyright Act (DMCA) in October, 1998. Section 1201, inter alia, provides legal protection for technological measures.
The Directive 2001/29/EC (Directive 2001/29/EC of the European Parliament and the Council of 22 May 2001), better known as the EU Copyright Directive (EUCD), entered into force on June 22, 2001. It aims to harmonize the divergent European copyright regimes and to implement the WCT and WPPT.
European Union Copyright Directive (EUCD)
The EUCD was implemented on July 1, 2003 with the revision of the Austrian Copyright Act (Bundesgesetz über das Urheberrecht an Werken der Literatur und der Kunst und über verwandte Schutzrechte, StF: BGBl. Nr. 111/1936 i.d.F. der UrhG-Novelle 2003). Paragraph 90c of the Act provides legal protection for technological measures.
- Belgium: implemented May 2005
The Belgian Copyright Act of June 30, 1994 was amended by the act of May 22, 2005, which transposed the EUCD into Belgian law.
The EUCD has been implemented by the Cypriot Copyright and Neighbouring Rights (Amending) Law of 2004 (Law No. 59/1976 as amended by Law No. 18(I)1993, 54(I)/1999, 12(I)/2001, 128(I)/2002, and 128(I)/2004.) Section 14B of the law provides legal protection of technological measures.
Unoffical English translation of the provision on TPM by Olga Georgiades Van der Pol
- Czech Republic: implemented in parts December 1, 2000
The Czech Republic has not yet formally implemented EUCD. Nevertheless, present legislation transposes the EUCD at least in parts.
The Danish Copyright Act (Consolidated Act No. 164 of March 12, 2003) transposes the provisions of the EUCD into Danish national law. Chapter 6a of the act provides legal protection for technological measures.
English translation (Danish Ministry of Culture)
- Estonia: implemented September 22, 2004
The EUCD has been transposed by the AUTORIÕIGUSE SEADUSE MUUTMISE SEADUS on September 22, 2004.
- Germany: implemented September 13, 2003
The German Copyright Act of September 9, 1965, amended on September 10, 2003 implements the provisions of the EUCD. Paragraphs 95a-95d cover issues concerning the legal protection of technological measures.
Unofficial English translation of TPM-provisions by Menno Briët
- Greece: implemented October 10, 2002
Greece transposed the provisions of the EUCD with Law 3057/2002. Article 66A of the law provides for provisions concerning technical measures.
Official English translation
- Hungary: implemented May 1, 2004
The Hungarian Copyright Act (Act No. LXXVI of 1999 on Copyright), enacted on May 1, 2004, implements the provisions of the EUCD. Art. 95 of the Act provides for provisions concerning technical measures.
Unofficial English translation
- Ireland: implemented January 19, 2004
Ireland transposed the EUCD with the amendment of the Statutory Instrument (S.I.) No. 16 of 2004 to the Irish Copyright and Related Rights Act. Section 374(2) deals with the non-interference of technological protection measures with permitted acts, and thus implements article 6(4) EUCD.
- Italy: implemented April 9, 2003
Italy transposed the EUCD (Decreto Legislativo 9 aprile 2003, n. 68, "Attuazione della direttiva 2001/29/CE sull'armonizzazione di taluni aspetti del diritto d'autore e dei diritti connessi nella società dell'informazione", pubblicato nella Gazzetta Ufficiale n. 87 del 14 aprile 2003) on April 9, 2003.
- Latvia: implemented in parts May 11, 2000
The EUCD has not been formally implemented yet, nevertheless present legislation transposes the directive’s provisions at least in part.
- Lithuania: implemented March 5, 2003
The implementation of the EUCD was completed by the March 5, 2003 amendments to the Law on Copyright and Related Rights. Articles 74 and 75 are dealing with technological protection measures.
Official English translation
- Luxemburg: implemented April 29, 2004
Unofficial English translation of TPM provisions of the Luxembourgian Copyright Act by Corentin Poullet
- Malta: implemented January 1, 2004
Malta implemented the EUCD with an amendment (Act No. IX of 2003, Government Gazette of Malta No. 17,467, September 2, 2003) to its Copyright Act. Article 42 of the principal Act, as amended, sets forth the anti-circumvention provisions.
Official legislation (Maltese version)
Official legislation (English version)
- Netherlands: implemented September 1, 2004
The Dutch Copyright Act of 1912 – as amended in September 1, 2004 – implements the provisions of the EUCD. Article 29a stipulates the relevant provisions on technological protection measures.
Official legislation (Amendment)
Unofficial English translation of the provisions on TPM by Menno Briët
- Poland: implemented April 1, 2004
The EUCD has been transposed into Polish law on April 1, 2004 by the Amendments to the Copyright Act of 1994 (Ustawa o zmianie ustawy o prawie autorskim i prawach pokrewnych z dnia 1 kwietnia 2004 r.).
- Portugal: implemented August 2004
Portugal implemented the EUCD by Decree-Law 50/2004, amending the Portuguese Copyright Act.
- Slovak Republic: implemented January 1 , 2004
The Slovak Republic implemented the EUCD with the Act No. 168/2003 of December 3, 2003 on Copyright and Rights related to Copyright. Section 59 of the Act deals with technological protection measures.
English translation by Slavomir Oslovsky
- Slovenia: implemented May 1, 2004
Slovenia implemented the EUCD with an amendment (Act Amending the Copyright and Related Rights Act, Official Gazette RS No. 43/04) to the Copyright and Related Rights Act of the Republic of Slovenia. Technological protection measures are regulated in Art. 166a et seq.
Unofficial English translation
- Sweden: implemented May 2005
- United Kingdom: implemented October 31, 2003
The U.K. transposed the provisions of the EUCD with an amendment (The Copyright and Related Rights Regulation 2003) to the Copyright, Designs, and Patents Act 1988. Section 296 provides for provisions concerning technical measures.
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