ABSTRACT
This internal treaty implements aspects of the WIPO Copyright Treaty into European Union intellectual property law. The directive was designed to deal with rapid changes in technology that affect copyright protection in Europe, while providing a high level of protection of intellectual property. Established in 2001, the directive’s intention was provide clear legal boundaries for online distribution of intellectual property. The EUCD is similar in scope to the U.S. Digital Millennium Copyright Act of 1998 (DMCA) and provides protection of technological systems as well as limits circumvention technology. The EUCD asserts that member states must provide “adequate legal protection” against the deliberate circumvention of technological measures, regardless of whether such an act infringed any copyright. Similarly, member states must provide legal action against copyright infringement for vicarious and contributory infringement. As with the DMCA, the EUCD grants Internet service providers (ISPs) protection from litigation, even if they vicariously infringe a copyrighted work. Like the DMCA, the EUCD protects the fair use doctrine in five areas: (1) teaching and scientific research, (2) use by disabled persons, (3) news reporting, (4) criticism or review, and (5) caricature or parody. Unlike the DMCA, EUCD does not give protection to certain groups (such as security researchers) against liability for circumvention offences. Furthermore, the EUCD upholds moral rights established in the WIPO Copyright Treaty and the WIPO Performance and Phonograms Treaty.
