Re: Legal treatment of temporary copying in EU Countries.

On Thu., Jan. 28, 1999, Davide Consonni <consonni[_at_]pn.itnet.it> wrote:
>
> Can anyone can suggest to me where I can find some information
> about the legal treatment of temporary copies in the EU Countries?
> Thank you very much in advance and best regards to all you,

Dear David,

The best source is the European Directive on the information society passed on November 1997.

The Directive provides that authors have a temporary reproduction right. Then it sets forth an important limit to the temporary reproduction which is somehow confusing: temporary reproduction right does not apply when it is along a necessary technical act which has no effect on the author's market. (You can find it on the European web site: http://www.europa.org/)

My interpretation is that transient reproductions which occur during a digital transmission of data does not trigger the temporary reproduction right. The only way for the temporary reproduction right to apply is in the context of intelligent network where operator's businesses is based on the control of mere temporary reproductions.

I did a thesis last year on the subject. Professor Lucas was my thesis advisor. It is mostly in French. I can forward it to you if it can be helpfull.

Alan Ragueneau
Juriste
LLM UCLA
Master in Intellectual Property (Nantes - France) Diploma in Legal Studies (Cardiff - UK)
<raguenea[_at_]student.law.ucla.edu> Received on Tue Feb 02 1999 - 17:52:55 GMT