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Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society

Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society

CHAPTER I OBJECTIVE AND SCOPE

Article 1 Scope

1.

This Directive concerns the legal protection of copyright and related rights in the framework of the internal market, with particular emphasis on the information society.

2.

Except in the cases referred to in Article 11, this Directive shall leave intact and shall in no way affect existing Community provisions relating to:

  1. the legal protection of computer programs;

  2. rental right, lending right and certain rights related to copyright in the field of intellectual property;

  3. copyright and related rights applicable to broadcasting of programmes by satellite and cable retransmission;

  4. the term of protection of copyright and certain related rights;

  5. the legal protection of databases.

CHAPTER II RIGHTS AND EXCEPTIONS

Article 2 Reproduction right

Member States shall provide for the exclusive right to authorise or prohibit direct or indirect, temporary or permanent reproduction by any means and in any form, in whole or in part:

  1. for authors, of their works;

  2. for performers, of fixations of their performances;

  3. for phonogram producers, of their phonograms;

  4. for the producers of the first fixations of films, in respect of the original and copies of their films;

  5. for broadcasting organisations, of fixations of their broadcasts, whether those broadcasts are transmitted by wire or over the air, including by cable or satellite.

Article 3 Right of communication to the public of works and right of making available to the public other subject-matter

1.

Member States shall provide authors with the exclusive right to authorise or prohibit any communication to the public of their works, by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access them from a place and at a time individually chosen by them.

2.

Member States shall provide for the exclusive right to authorise or prohibit the making available to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them:

  1. for performers, of fixations of their performances;

  2. for phonogram producers, of their phonograms;

  3. for the producers of the first fixations of films, of the original and copies of their films;

  4. for broadcasting organisations, of fixations of their broadcasts, whether these broadcasts are transmitted by wire or over the air, including by cable or satellite.

3.

The rights referred to in paragraphs 1 and 2 shall not be exhausted by any act of communication to the public or making available to the public as set out in this Article.

Article 4 Distribution right

Article 5 Exceptions and limitations

CHAPTER III PROTECTION OF TECHNOLOGICAL MEASURES AND RIGHTS-MANAGEMENT INFORMATION

Article 6 Obligations as to technological measures

Article 7 Obligations concerning rights-management information

CHAPTER IV COMMON PROVISIONS

Article 8 Sanctions and remedies

Article 9 Continued application of other legal provisions

Article 10 Application over time

Article 11 Technical adaptations

Article 12 Final provisions

Article 13 Implementation

Article 14 Entry into force

Article 15 Addressees