Green Paper-Copyright in the Knowledge Economy

The Green Paper from the European Commission
The Green Paper

Call for comments - DEADLINE: **NOVEMBER** 30th
The combined operation of broad exclusive rights with specific and limited exceptions highlights the question of whether the exhaustive list of exceptions under the Directive achieves "a fair balance of rights and interests between [...] the different categories of rightholders and users"44.

A forward looking analysis requires consideration of whether the balance provided by the Directive is still in line with the rapidly changing environment. Technologies and social and cultural practices are constantly challenging the balance achieved in the law, while new market players, such as search engines, seek to apply these changes to new business models. Such developments also have the potential to shift value between the different entities active in the online environment and affect the balance between those who own rights in digital content and those who provide technologies to navigate the Internet.

It is in these circumstances that '''the present Green Paper seeks all stakeholders' views as to the technological and legal developments described above. The questions submitted are of an indicative nature only and stakeholders are free to submit comments on any other issues that are addressed or touched upon in this Green Paper.'''

'''Answers and comments, which may cover all or only a limited number of the above issues, should reach the following address by 30 November 2008.'''

markt-d1@ec.europa.eu.

If stakeholders wish to submit confidential responses, they should indicate clearly which part of their submission is confidential and should not be published on the Commission's website. All other submissions, not clearly marked as confidential, may be published by the Commission.

Miscellaneous Resources

 * EC PR on the Green Paper


 * Presentation on Copyright exceptions from Bernt Hugenholtz


 * Conceiving an International Instrument on Limitations and Exceptions to Copyright - B. Hugenholtz

The task of developing a global approach to limitations and exceptions is one of the major challenges facing the international copyright system today. This paper examines policy options and modalities for framing an international instrument on limitations and exceptions to copyright within the treaty obligations of the current international copyright system. We consider this international copyright acquis as our general starting point, and evaluate options for the design of such an instrument, including questions of political sustainability and institutional home.


 * No Place Like Home for Making a Copy: Private Copying in European Copyright Law and Consumer Law, Berkeley Technology Law Journal, 2007-3, p. 1061-1098. B. Hugenholtz

This article examines the intersection between copyright law and consumer law relating to private copying in Europe. In doing so, we will query the effectiveness of copyright law and consumer law as legal instruments to protect consumers in their dealings with information suppliers. Our goal is to demonstrate that while copyright law in Europe does offer a measure of comfort to consumers, the legal instruments of European consumer law are potentially more effective in achieving the freedom to make private copies that European consumers generally expect.


 * ORG paper [[Image:080408_UKIPO_Gowers_Exceptions.pdf||"Taking forward the Gowers Review of Intellectual Property: proposed changes to copyright exceptions"]]: "Taking forward the Gowers Review of Intellectual Property: proposed changes to copyright exceptions".

It discusses: - Format shifting exception (recommendation 8) - Extending the exception for copying for research and private study (recommendation 9) - Caricature, parody and pastiche exception (recommendation 12) - Closing remarks — Transformative use

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