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Friday, September 12, 2003

Germany: Amended Copyright Law ["Urheberrechtsgesetz"] enters into force.

In accordance with the

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 Germany now has adapted the corresponding national law accordingly. The Bill on the Regulation of Copyright Law in the Information Society [

Gesetz zur Regelung des Urheberrechts in der Informationsgesellschaft] has been published on September 10, 2003 in the Official Gazette.

The bill was most controversial. One of the major points was the protection of "technological measures" as required by the Directive.

For the purposes of the Directive, the expression "technological measures" means any technology, device or component that, in the normal course of its operation, is designed to prevent or restrict acts, in respect of works or other subject-matter, which are not authorised by the rightholder of any copyright or any right related to copyright as provided for by law or the sui generis right provided for in Chapter III of Directive 96/9/EC. In view of the directive, all EU Member States have to provide adequate legal protection against the circumvention of any effective technological measures, which a person concerned carries out in the knowledge, or with reasonable grounds to know, that he or she is pursuing that objective. Furthermore, EU Member States have also provide adequate legal protection against the manufacture, import, distribution, sale, rental, advertisement for sale or rental, or possession for commercial purposes of devices, products or components or the provision of services which: (a) are promoted, advertised or marketed for the purpose of circumvention of, or (b) have only a limited commercially significant purpose or use other than to circumvent, or (c) are primarily designed, produced, adapted or performed for the purpose of enabling or facilitating the circumvention of, any effective technological measures.

There are a lot of other measures now enacted in Germany, e.g. 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.

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