The copyright law of the European Union is the copyright law applicable within the European Union. Copyright law is largely harmonized in the Union, although country to country differences exist. The body of law was implemented in the EU through a number of directives, which the member states need to enact into their national law. The main copyright directives are the Copyright Term Directive, the Information Society Directive and the Directive on Copyright in the Digital Single Market. Copyright in the Union is furthermore dependent on international conventions to which the European Union or their member states are part of, such as TRIPS Agreement or the Berne Convention.
History
Attempts to harmonise copyright law in Europe (and beyond) can be dated to the signature of the Berne Convention for the Protection of Literary and Artistic Works on 9 September 1886: all European Union Member States are parties of the Berne Convention, and compliance with its dispositions is now obligatory before accession. The first major step taken by the European Economic Community to harmonise copyright laws came with the decision to apply common standard for the copyright protection of computer programs, enacted in the Computer Programs Directive in 1991. A common term of copyright protection, 70 years from the death of the author, was established in 1993 as the Copyright Duration Directive.
The implementation of directives on copyright has been rather more controversial than for many other subjects, as can be seen by the six judgments for non-transposition of the Information Society Directive. Traditionally, copyright laws vary considerably between member states, particularly between civil law and common law jurisdictions. Changes in copyright law have also become linked to protests against the World Trade Organization and globalisation in general.
Sources of law
The first decisions of the European Court of Justice covering copyright were made under the non-discrimination provision of Article 6 EC (formerly Art. 7), and under the provisions of Article 36 which allows for restrictions on trade between Member States if justified by the protection of industrial and commercial property (including copyright). The directives were made under the internal market provisions of the treaties, notably Article 95 EC (formerly Art. 100a)
Protected rights
The following rights are protected by European Union law: right of reproduction for authors, performers, producers of phonograms and films and broadcasting organisations right of communication to the public for authors, performers, producers of phonograms and films and broadcasting organisations right of distribution for authors and for performers, producers of phonograms and films and broadcasting organisations right of fixation for performers and broadcasting organisations right of rental and/or lending for authors, performers, producers of phonograms and films, with an associated right of equitable remuneration for lending and/or rental for authors and performers right of broadcasting for performers, producers of phonograms and broadcasting organisations right of communication to the public by satellite and cable for authors, performers, producers of phonograms and broadcasting organisations right of computer program reproduction, distribution and rental for authors
Moral rights are usually considered to be a matter for the national laws of the Member States, although some countries classify some of the above rights, especially the right of communication to the public, among the moral rights of the author rather than under his rights of exploitation.
Duration of protection
The rights of authors are protected within their lifetime and for 70 years after their death; this includes the resale rights of artists. For films and other audiovisual works, the 70-year period applies from the last death among the following people, whether or not they are considered to be authors of the work by the national law of the Member State: the principal director (who is always considered to be an author of the audiovisual work), the author of the screenplay, the author of the dialogue and the composer of music specifically created for use in the cinematographic or audiovisual work.