Re: Legal treatment of temporary copying in EU Countries.

On 3/February/1999, John Enser <jxe[_at_]olswang.co.uk> wrote:
>
> Davide, please take caution concerning Alan's description of this
> Directive as "passed". IT was proposed by the European Commission
> in November 1997, but will not become law until approved by the
> European Parliament and Council of Ministers. The explanatory
> memorandum introducing the draft (available on the URL cited by
> Alan) does include some round up of the current law in different
> EU Member States, but it is not entirely comprehensive.
>
> In the UK, the law is very clear. The 1988 Copyright Act made
> explicit provision for temporary copies to be treated as
> reproductions.

Dear John,

First, many thanks for precising this point. Indeed the Directive was a mere proposal which remained to be approved by the Commission and the European Parliement. I make it very clear in my paper.

Second, as I analysed it in the first part of my paper the concept of temporary reproduction right is consistent with French copyright law even though it is not as explicit as in the CDPA 1988 (UK law).

One thing is to consider the possible integration of a somehow new concept (the transient reproduction right) in the existing law and another is to analyse its impact and above all its utility.

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 Wed Feb 03 1999 - 23:01:04 GMT