[Foundation-l] [slightly OT] how to make a nice(r) copyright law for Europe...

[Mathias Schindler]

http://www.copyrightcode.eu/

The European Copyright Code is the result of the Wittem Project that
was established in 2002 as a collaboration between copyright scholars
across the European Union concerned with the future development of
European copyright law. The project has its roots in an International
Network Program run by three Dutch universities (Radboud University of
Nijmegen, University of Amsterdam and Leiden University), and
sponsored by the government-funded Dutch ITeR Program.

The aim of the Wittem Project and this Code is to promote transparency
and consistency in European copyright law. The members of the Wittem
Group share a concern that the process of copyright law making at the
European level lacks transparency and that the voice of academia all
too often remains unheard. The Group believes that a European
Copyright Code drafted by legal scholars might serve as a model or
reference tool for future harmonization or unification of copyright at
the European level. Nevertheless, the Group does not take a position
on the desirability as such of introducing a unified European legal
framework.

The Code was drafted by a Drafting Committee composed of seven
members. Each chapter of the Code was originally drafted by one or two
members of the Drafting Committee, acting as rapporteurs. The
rapporteurs for each chapter were: Prof. Quaedvlieg (Chapter 1:
Works), Prof. Hugenholtz (Chapter 2: Authorship and ownership), Prof.
Strowel (Chapter 3: Moral rights), Prof. Visser (Chapter 4: Economic
rights) and Professors Dreier and Hilty (Chapter 5: Limitations).

Each draft Chapter, accompanied by an explanatory memorandum, was
discussed in a plenary session with the members of the Wittem Advisory
Board and other experts that were invited ad hoc. The proceedings of
these plenary sessions were fed into the second versions of each
chapter, and thereafter redacted and integrated into a final
consolidated version by the Drafting Committee. Although discussions
with the Advisory Board and experts have greatly influenced the final
product, responsibility for the Code lies solely with the Drafting
Committee.

While drafted in the form of a legislative instrument and thereby
exceeding the level of detail normally associated with common
principles of law, this Code is not comprehensive. It concentrates on
the main elements of any codification of copyright: subject matter of
copyright (Chapter 1), authorship and ownership (Chapter 2), moral
rights (Chapter 3), economic rights (Chapter 4) and limitations
(Chapter 5). The Code does not, for instance, treat such remuneration
rights as public lending right and droit de suite, nor does it deal
with the legal protection of technical measures. Also, the Code does
not contain rules on copyright liability or enforcement, nor does it
touch upon neighbouring (related) rights and database right.

This Code is not a recodification of EU copyright law tabula rasa.
Since European copyright law must operate within the confines of the
international commitments of the European Union and its Member States,
the Code takes account of the substantive norms of the Berne
Convention and the TRIPs Agreement. Also, the members of the Group
have found it hard to ignore the aqcuis communautaire in the form of
seven Directives that the European legislature has produced in this
field since 1991. However, the Code does on occasion deviate from the
acquis, and therefore cannot be considered a mere restatement or
consolidation of the norms of the directives.

The members of the Wittem Group hope that this European Copyright Code
will contribute to the establishment of a body of transparent and
consistent copyright law that protects the moral and economic
interests of creators, while serving the public interest by promoting
the production and dissemination of works in the field of literature,
art and science.

The European Copyright Code is available at www.copyrightcode.eu