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COPYRIGHT IN THE INFORMATION SOCIETY

A Guide to National Implementation of the European Directive, Second Edition

BRIGITTE LINDNER, TED SHAPIRO

This substantially revised second edition evaluates the Directive on Copyright in the Information Society and its interpretation by the European Court of Justice in the light of its implementation and application in the EU’s 28 member states. Following the initial implementation of the Directive, many member states have enacted further legislation to supplement or refine their earlier implementation: this edition will take these important developments into account.
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TABLE OF LEGISLATION

INTERNATIONAL LAW

Copyright legislation

Berne Convention for the Protection of Literary and Artistic Works of 9 September 1886 (as subsequently revised, last at Paris on 24 July 1971 and amended on 2 October 1979) 1.007, 1.019, 1.020, 1.021, 1.022, 1.033, 1.035, 1.055, 1.058, 1.065, 1.067, 1.068, 1.071, 1.073, 1.085, 1.087, 1.098, 2.024, 2.028, 2.078, 3.024, 5.35, 6.01, 7.06, 7.30, 9.26, 10.01, 10.09, 12.31, 13.055, 14.49, 15.002, 15.037, 15.045, 17.001, 17.056, 17.081, 17.094, 18.001, 18.002, 18.003, 18.004, 18.014, 19.06, 19.18, 19.24, 20.061, 22.049, 22.066, 22.075, 22.148, 24.081, 25.11, 26.051, 26.129, 26.141, 27.03, 27.04, 27.08, 27.16, 27.21, 27.38, 28.015, 28.031, 30.05, 30.12, 30.26, 30.39, 30.41

Universal Copyright Convention (1952), revised at Paris (1971) 18.002

International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, 26 October 1961, Rome 1.025, 1.027, 1.029, 1.031, 1.032, 1.035, 1.065, 1.069, 1.089, 1.090, 2.025, 6.01, 7.06, 14.13, 15.002, 18.003, 18.004, 18.101, 21.27, 24.013, 25.45, 25.46, 27.10, 27.11

Geneva Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms of 29 October 1971 7.06

Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) (1994) 1.024, 1.025, 1.032, 1.038, 1.065, 1.067, 1.068, 1.074, 1.075, 1.093, 2.078, 2.087, 3.024, 3.100, 5.04, 5.65, 5.71, 6.01, 7.06, 9.26, 10.09, 10.24, 14.13, 14.49, 15.002, 15.037, 15.045, 16.001, 17.099, 25.26, 26.051, 27.11, 27.45, 28.031

WIPO Copyright Treaty (WCT) of 20 December 1996 1.001, 1.005, 1.013, 1.014, 1.017, 1.019, 1.021, 1.022, 1.023, 1.033, 1.035, 1.043, 1.045, 1.046, 1.049, 1.050, 1.051, 1.052, 1.055, 1.058, 1.059, 1.060, 1.065, 1.068, 1.070, 1.071, 1.073, 1.074, 1.075, 1.076, 1.077, 1.079, 1.081, 1.084, 1.085, 1.086, 1.091, 1.093, 1.095, 1.098, 1.099, 1.100, 1.101, 2.022, 2.024, 2.025, 2.028, 2.078, 2.087, 2.196, 3.024, 3.090, 4.004, 5.22, 7.06, 7.21, 9.04, 13.015, 14.07, 14.49, 15.002, 15.007, 15.011, 15.037, 15.045, 15.078, 18.004, 19.06, 21.19, 22.075, 23.03, 25.11, 26.014, 26.051, 26.127, 26.128, 26.129, 26.141, 27.12, 27.18, 27.47, 28.031

WIPO Performances and Phonograms Treaty (WPPT) of 20 December 1996 1.001, 1.005, 1.013, 1.014, 1.017, 1.026, 1.029, 1.030, 1.031, 1.032, 1.033, 1.035, 1.044, 1.045, 1.046, 1.049, 1.050, 1.051, 1.052, 1.055, 1.058, 1.059, 1.060, 1.065, 1.069, 1.070, 1.073, 1.074, 1.075, 1.076, 1.077, 1.084, 1.086, 1.088, 1.089, 1.090, 1.091, 1.093, 1.094, 1.095, 1.096, 1.097, 1.099, 1.100, 1.101, 2.025, 2.028, 2.087, 2.196, 4.004, 6.12, 6.23, 7.06, 9.04, 9.16, 13.003, 14.07, 14.13, 14.49, 15.002, 15.007, 15.013, 15.037, 15.045, 15.078, 18.004, 19.06, 21.19, 21.26, 21.27, 23.03, 25.13, 26.014, 26.066, 26.128, 26.129, 27.08, 27.10, 27.11, 27.12, 27.18, 27.47, 28.175

Beijing Audiovisual Performances Treaty of 24 June 2012, not yet in force 1.003, 1.025

Marrakesh Treaty to facilitate Access to Published Works for Persons who are Blind, Visually-impaired or otherwise Print Disabled of 27 June 2013, in force since 30 September 2016 1.004

Other legislation

Universal Declaration of Human Rights (UDHR) (1948) 1.038, 1.040, 1.042

International Covenant on Economic, Social and Cultural Rights (ICESCR) (1966) 1.038, 1.040, 1.041, 1.043, 1.067

Vienna Convention on the Law of Treaties (1969) 1.021

Convention on the Rights of Persons with Disabilities (2006) 1.042

EUROPEAN UNION

 

Treaty on the Functioning of the European Union (TFEU) of 13 December 2007, in force since 1 December 2009, consolidated version, OJ 2008 C 115/47 (9 May) 2.017, 2.158, 22.175, 27.47

Charter of Fundamental Rights of the European Union (2010/C 83/02) OJ 2010 C 83/389 (30 March) 1.039, 1.041, 1.043, 2.223, 4.068, 8.56, 13.096, 27.18

Copyright legislation

Directive (EU) 2017/1564 of the European Parliament and the Council of 13 September 2017 on certain permitted uses of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled and amending Directive 2001/29/EC on the harmonization of certain aspects of copyright and related rights in the information society, OJ 2017 L 242/6 (20 September) 1.005, 2.002, 2.215, 6.02, 15.066, 16.054, 25.81, 28.001, 29.121

Regulation (EU) 2017/1563 of the European Parliament and the European Council of 13 September 2017 on the cross-border exchange between the Union and third countries of accessible format copies of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled, OJ 2017 L 242/1 (20 September) 1.005, 2.002, 15.066, 16.054

Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017 on cross-border portability of online content services in the internal market, OJ 2017 L 168/1 (30 June) 2.002, 2.003

Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market, OJ 2014 L 84/72 (20 March) 2.008, 2.158, 2.160, 5.03, 5.12, 5.43, 5.46, 6.41, 7.29, 8.01, 8.02, 9.51, 12.07, 13.005, 13.007, 14.08, 15.001, 16.027, 17.003, 17.124, 17.126, 17.129, 18.009, 18.067, 25.01, 25.76, 25.77, 25.79, 27.06, 28.001, 28.010

Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works, OJ 2012 L 299/5 (27 October) 2.008, 2.168, 5.10, 5.11, 6.59, 8.43, 10.01, 10.26, 10.49, 12.07, 13.007, 13.060, 17.002, 17.032, 17.088, 18.009, 18.066, 21.39, 24.075, 24.077, 24.078, 24.080, 24.081, 24.082, 25.01, 25.40, 26.132, 26.133, 26.136, 26.138, 28.010, 28.060, 28.104

Directive 2011/77/EU of the European Parliament and of the Council of 27 September 2011 amending Directive 2006/116/EC on the term of protection of copyright and certain related rights, OJ 2011 L 265/1 (11 October) 2.008, 5.11, 12.07, 17.002, 17.098, 18.009, 20.002, 21.28, 28.010

Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs (codified version of Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs) OJ 1991 L 122/42 (17 May), OJ 2009 L 111/16 (5 May) 1.052, 1.084, 2.018, 2.077, 2.093, 4.085, 5.44, 7.04, 8.35, 9.19, 9.33, 9.52, 13.037, 16.002, 17.002, 21.33, 22.148, 25.04, 26.025, 26.076, 27.03, 27.08, 27.16, 27.17, 27.18, 27.38, 28.042, 28.123, 30.05, 30.09

Directive 2006/116/EC of the European Parliament and of the Council of 12 December 2006 on the term of protection of copyright and certain related rights (codified version of Council Directive 93/98/EEC of 29 October 1993 on harmonizing the term of protection of copyright and certain related rights, OJ 1993 L 290/9 (24 November)), OJ 2006L 372/12 (27 December) 1.098, 2.008, 5.11, 7.04, 16.002, 17.002, 18.009, 20.002, 21.28, 25.01, 25.04, 26.025, 28.010, 28.176, 30.05, 30.09

Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on rental rights and lending right and on certain rights related to copyright in the field of intellectual property (codified version of Council Directive 92/100/EEC of 19 November 1992 on rental rights and lending right and on certain rights related to copyright in the field of intellectual property, OJ 1992 L 346/61 (27 November)), OJ 2006 L 376/28 (27 December) 1.094, 2.016, 2.027, 2.032, 2.046, 2.070, 2.085, 3.019, 3.020, 4.058, 5.32, 6.02, 6.11, 6.23, 6.27, 6.31, 6.32, 6.34, 7.04, 9.19, 11.10, 12.15, 13.025, 13.027, 14.13, 14.25, 14.40, 15.034, 16.001, 16.021, 17.002, 17.020, 17.025, 17.056, 18.025, 18.026, 18.027, 24.028, 25.14, 25.23, 25.45, 25.60, 26.066, 26.067, 26.071, 27.03, 27.10, 27.11, 27.17, 27.22, 27.29, 27.30, 28.025, 30.24

Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights, OJ 2004 L 195/16 (2 June) 1.064, 2.008, 2.218, 2.220, 2.222, 3.100, 4.003, 4.109, 4.112, 4.118, 4.119, 5.06, 5.65, 6.74, 8.49, 11.41, 12.04, 12.47, 14.64, 15.004, 15.087, 15.088, 16.091, 17.002, 17.099, 17.110, 17.114, 17.118, 18.091, 20.002, 20.103, 21.55, 24.129, 24.138, 25.60, 25.70, 26.161, 27.41, 27.42, 28.135, 28.150, 29.006, 29.061

Directive 2001/84/EC of the European Parliament and of the Council of 27 September 2001 on the resale right for the benefit of the author of an original work of art, OJ 2001 L 272/32 (13 October) 17.002

Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society, OJ 2001L 167/10 (22 June) 1.005, 1.014, 1.054, 1.058, 1.059, 1.060, 1.062, 1.064, 1.071, 1.079, 1.084, 1.099, 1.100, 2.001–2.243, 3.001, 3.003, 3.006, 3.007, 3.018, 3.024, 3.026, 3.036, 3.089, 3.101, 4.003, 4.006, 4.008, 4.010, 4.018, 4.019, 4.033, 4.036, 4.044, 4.045, 4.046, 4.047–4.049, 4.050, 4.051, 4.053, 4.057, 4.069, 4.073, 4.076, 4.080, 4.085, 4.089, 4.091, 4.107–4.118, 4.122, 5.04, 5.05, 5.10, 5.13, 5.16, 5.27, 5.35, 5.47, 5.50, 5.51, 5.52, 5.58, 5.65, 5.80, 6.02, 6.05, 6.12, 6.18, 6.22, 6.24, 6.26, 6.27, 6.29, 6.30, 6.31, 6.34, 6.39, 6.40, 6.41, 6.43, 6.44, 6.45, 6.46, 6.47, 6.49, 6.50, 6.51, 6.53, 6.54, 6.56, 6.57, 6.58, 6.64, 6.74, 6.81, 7.05, 7.15, 7.18, 7.20, 7.21, 7.30, 7.37, 7.44, 8.07–8.12, 8.20, 8.21, 8.48, 9.01, 9.05, 9.17, 9.24, 9.25, 9.44, 9.67, 9.71, 10.01, 10.04, 10.09, 10.18, 10.49, 11.01, 11.10, 11.15, 11.41, 11.50, 12.01, 12.06, 12.09, 12.10, 12.12, 12.16, 12.20, 12.26, 12.31, 12.47, 13.001, 13.003, 13.007, 13.022, 13.023, 13.024, 13.025, 13.058, 13.063, 13.077, 13.093, 13.107, 14.02, 14.04, 14.06, 14.11, 14.12, 14.13, 14.23, 14.25, 14.27, 14.37, 14.49, 14.61, 14.62, 14.63, 14.67, 14.72, 15.003, 15.007, 15.008, 15.009, 15.011, 15.013, 15.025, 15.028, 15.032, 15.037, 15.038, 15.044, 15.045, 15.046, 15.047, 15.066, 15.071, 15.078, 15.085, 15.087, 15.088, 15.100, 15.106, 16.003, 16.054, 16.099, 16.101, 17.002, 17.004, 17.020, 17.027, 17.031, 17.032, 17.036, 17.046, 17.056, 17.074, 17.075, 17.080, 17.081, 18.008, 18.014, 18.024, 18.025, 19.02, 19.12, 19.18, 19.62, 20.002, 20.006, 20.007, 20.018, 20.021, 20.029, 20.032, 20.037–20.039, 20.046, 20.052, 20.071, 20.074, 20.079, 20.083, 20.098, 21.04, 21.54, 21.59, 22.037, 23.02, 23.03, 23.06, 23.11, 23.12, 23.21, 23.37, 23.42, 23.44, 23.45, 23.56, 23.59, 23.66, 23.68, 23.69, 23.71, 23.73, 23.75, 23.76, 23.79, 23.80, 23.82, 23.83, 23.84, 23.85, 23.86, 24.001, 24.006, 24.007, 24.009, 24.011, 24.026, 24.027, 24.030, 24.065, 24.084, 24.086, 24.098, 24.104, 24.124, 24.134, 24.139, 24.121, 25.02, 25.06, 25.11, 25.13, 25.20, 25.23, 25.26, 25.30, 25.31, 25.33, 25.67, 25.68, 25.81, 26.015, 26.021, 26.048–26.068, 26.076, 26.142–26.162, 27.01, 27.03, 27.04, 27.05, 27.06, 27.08, 27.10, 27.17, 27.18, 27.22, 27.30, 27.38, 27.41, 27.42, 27.46, 28.001, 29.001, 29.015, 29.030, 29.032, 29.033, 29.038, 29.039, 29.073, 29.077–29.078, 29.090, 29.092, 29.121, 29.123, 30.01, 30.02, 30.03, 30.04, 30.05, 30.06, 30.11, 30.12, 30.13, 30.18, 30.19, 30.21, 30.22, 30.24, 30.28, 30.29, 30.31, 30.32, 30.33, 30.37, 30.38, 30.39, 30.40, 30.42, 30.45, 30.46, 30.47, 30.48, 30.50, 30.54, 30.55, 30.56, 30.57, 30.58

Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, OJ 1996 L 77/20 (27 March) 2.018, 2.093, 4.046, 5.05, 5.58, 5.60, 6.15, 7.04, 9.33, 14.12, 14.62, 16.001, 17.002, 21.36, 22.148, 25.04, 25.65, 27.03, 27.09, 27.17, 27.18, 27.22, 27.30, 28.032, 28.042, 30.05

Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission, OJ 1993L 248/15 (6 October) 2.004, 2.032, 2.065, 2.158, 4.033, 4.062, 4.062, 4.063, 6.61, 7.04, 13.024, 15.016, 15.017, 15.019, 16.001, 17.002, 17.011, 21.21, 27.32

Other legislation

Regulation (EU) 2015/2424 of the European Parliament and of the Council of 16 December 2015 amending Council Regulation (EC) No 207/2009 on the Community trade mark and Commission Regulation (EC) No 2868/95 implementing Council Regulation (EC) No 40/94 on the Community trade mark, and repealing Commission Regulation (EC) No 2869/95 on the fees payable to the Office for Harmonization in the Internal Market (Trade Marks and Designs), OJ 2015 L 314/12 (24 December) 27.18

Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003, OJ 2013 L 181/15 (29 June) 5.71

Directive 2013/37/EU of the European Parliament and of the Council of 26 June 2013 amending Directive 2003/98/EC on the re-use of public sector information, OJ 2013 L 175 (27 June) 6.79

Directive 2008/95/EC of the European Parliament and of the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks (Codified version) (Text with EEA relevance), OJ 2008 L 299/25 (8 November) 27.18

Directive 2007/65/EC of 11 December 2007 amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities, OJ 2007 L 332/27 (18 December) 9.44

Directive 2006/24/EC of the European Parliament and of the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks and amending Directive 2002/58/EC, OJ 2006 L 105/54 (13 April) 29.067

Directive 2003/98/EC of the European Parliament and of the Council of 17 November 2003 on the re-use of public sector information, OJ 2003 L 345 (17 November) 6.79

Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications), OJ 2002 L 201/37 (31 July) 29.067

Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive), OJ 2002 L 108 (24 April) 16.104

Council Regulation (EC) No 6/2002 of 12 December 2001 on Community designs (OJ EC No L 3 of 5.1.2002, p. 1) amended by Council Regulation No 1891/2006 of 18 December 2006 amending Regulations (EC) No 6/2002 and (EC) No 40/94 to give effect to the accession of the European Community to the Geneva Act of the Hague Agreement concerning the international registration of industrial designs, OJ 2006 L 386/14 (29 December)    27.18

Regulation 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents, OJ 2001 L 145 (31 May) 6.79

Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internet Market (Directive on electronic commerce), OJ 2000 No. L 178/1 (17 July) 1.018, 2.005, 2.097, 2.098, 2.099, 2.105, 2.221, 2.239, 4.019, 4.118, 8.50, 8.62, 8.64, 9.67, 11.40, 14.67, 15.004, 15.091, 15.100, 16.097, 16.099, 17.047, 17.102, 17.120, 17.121, 19.61, 20.132, 24.034, 25.73, 25.74, 28.160

Directive 98/84/EC of the European Parliament and of the Council of 20 November 1998 on the legal protection of services based on, or consisting of, conditional access, OJ 1998 No. L 320/54 (20 November) 17.002, 17.011, 29.094

Directive 98/71/EC of the European Parliament and of the Council of 13 October 1998 on the legal protection of designs, OJ 1998 L 289/28 (28 October) 17.002, 17.097, 27.18

Directive 98/34/EC of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations, OJ 1998 L 204/37 (21 July) (repealed) 4.119, 17.133

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, OJ 1995 L 281/31 (23 November) 29.067

Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (OJ 1994 L 227/1 (1 September), amended by Regulation (EC) No 873/04 of 29 April 2004 (Article 16), OJ 2004 L 162/38 (30 April) 27.18

First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks, OJ 1989 L 40/1 (11 February) (repealed) 3.017, 27.18

Draft EU legislation

Proposal for a Directive of the European Parliament and of the Council on copyright in the Digital Single Market, COM (2016) 593 final, 14.9.2016 1.018, 2.002, 16.007, 17.123, 27.19

Proposal for a Regulation of the European Parliament and of the Council laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes (14.9.2016 -COM (2016) 594 final -2016/0284(COD)) 2.002

COUNCIL OF EUROPE

 

Convention for the Protection of Human Rights and Fundamental Freedoms, Rome 4 November 1950, as amended by subsequent Protocols, (‘European Convention on Human Rights’) 16.104

NATIONAL LEGISLATION

Australia

Copyright Act 1968, No. 63, 1968, as amended last by Act No. 13, 2017, in force since 22 March 2017 1.060, 1.079

Austria

Copyright legislation

Federal Act No. 363 amending the Copyright Act, in force from 1 July 2003 3.001

Federal Act on Copyright in Works of Literature and Art and on Related Rights, BGBl. No. 111/1936 as amended last in 2015 (Urheberrechtsgesetz (UrhG)) 3.008

Federal Act No. 492 of 16 December 1972 amending the Copyright Act 3.029

Imperial Supreme Patent of 19 October 1846 on the protection of literary and artistic works (repealed) 26.001

Other legislation

E-Commerce Act, effective 1 January 2002 3.101, 3.102

Belgium

Copyright legislation

Law of 22 December 2016, Moniteur belge (Official Journal), 29 December 2016, p. 91843    4.040

Law of 27 June 2016, Moniteur belge (Official Journal), 5 July 2016, p. 41011    4.040, 4.050

Code of Economic Law (CEL) (Copyright Book XI), introduced by Law of 19 April 2014, Moniteur belge (Official Journal), 12 June 2014, p. 44352,    4.001, 4.002, 4.040, 4.046, 4.047, 4.050, 4.053, 4.059, 4.060, 4.062, 4.069, 4.072, 4.073, 4.076, 4.081, 4.082, 4.083, 4.084, 4.086, 4.089, 4.090, 4.091, 4.093, 4.094, 4.107, 4.119

Code of Economic Law (procedural provisions), introduced by Law of 10 April 2014, Moniteur belge (Official Journal), 12 June 2014, p. 44358, Book XVII    4.001

Law of 22 May 2005, Moniteur belge (Official Journal), 27 May 2005, p. 24997    4.008

Act on Copyright and Related Rights of 30 June 1994, Moniteur belge (Official Journal), 27 July 1994, p. 19297    4.002

Bulgaria

Copyright legislation

Law on Copyright and Related Rights (LCRR) of 1 August 1993 as amended last in 2018 5.02, 5.03, 5.04, 5.05, 5.07, 5.10, 5.11, 5.12, 5.13, 5.14, 5.15, 5.16, 5.19, 5.20, 5.25, 5.26, 5.27, 5.28, 5.31, 5.32, 5.33, 5.35, 5.36, 5.38, 5.39, 5.40, 5.41, 5.42, 5.44, 5.45, 5.47, 5.49, 5.50, 5.51, 5.52, 5.53, 5.54, 5.58, 5.59, 5.60, 5.62, 5.63, 5.65, 5.66, 5.68, 5.69, 5.71, 5.75, 5.80

Law on Copyright 1951 (repealed) 5.01

Law on Copyright 1921 (repealed) 5.01

Trade Law, 1897 (repealed) 5.01

Other legislation

Penal Code (PC) of 1 May 1968 as amended last in 2010, Articles 172a–174 5.72, 5.73, 5.74, 5.75, 5.77

Penal Procedure Code (PPC) of 29 April 2006 as amended last in 2010 5.72

Croatia

Copyright legislation

Copyright and Related Rights Act (CRRA), 2003 as amended last in 2018 6.02, 6.03, 6.05, 6.06, 6.07, 6.08, 6.09, 6.10, 6.11, 6.12, 6.13, 6.14, 6.15, 6.16, 6.17, 6.18, 6.19, 6.20, 6.21, 6.22, 6.23, 6.24, 6.26, 6.27, 6.28, 6.29, 6.31, 6.32, 6.33, 6.34, 6.36, 6.37, 6.38, 6.39, 6.40, 6.41, 6.42, 6.43, 6.44, 6.46, 6.47, 6.48, 6.49, 6.50, 6.51, 6.52, 6.53, 6.54, 6.56, 6.57, 6.58, 6.59, 6.60, 6.61, 6.62, 6.63, 6.64, 6.65, 6.66, 6.68, 6.69, 6.71, 6.72, 6.74, 6.77, 6.78, 6.81

Copyright Act 1884 6.01

Other legislation

Act on the Right of Access to Information, Official Gazette Nos. 25/2013 and 85/2015 6.79

Criminal Act, Official Gazette Nos. 125/11, 144/12, 56/15, 61/15 and 101/17 6.72, 6.73, 6.77

Act on Scientific Activity and Higher Education, Official Gazette Nos. 123/03, 198/03, 105/04, 174/04, 02/07,46/07, 45/09, 63/11, 94/13, 139/13, 101/14, 60/15 and 131/17 6.80

Property Law, Official Gazette Nos. 91/96, 68/98, 137/99, 22/00, 73/00, 129/00, 114/01, 79/06, 141/06, 146/08, 38/09, 153/09, 143/12, and 152/14 6.07

Cyprus

Copyright legislation

WIPO Performances and Phonograms Treaty, Ratification Law No. 37(III)/2004 7.06

WIPO Copyright Treaty, Ratification Law No. 23(III)/2002 7.06

Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, Ratification Law No. 14(III)/1999 7.06

Final Act Embodying the Results of the Uruguay Round of Multilateral Trade Negotiations including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), Ratification Law No. 16(III)/1995 7.06

Geneva Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of their Phonograms of 1971, Ratification Law No. 21(III)/1992 7.06

Berne Convention on the Protection of Literary and Artistic Works, Ratification Law No. 86/1979 7.06

Copyright and Neighbouring Rights Law 1976 (as amended by Laws No. 63 of 1977, No. 18(I) of 1993, No. 54(I) of 1999, No. 12(I) of 2001, No. 128(I) of 2002, No. 128(I) of 2004, No. 123(I) of 2006, No. 181(I) of 2007, No. 207(I) of 2012, No. 196(I) of 2014, No. 123(I) of 2015, No. 66(I) of 2017) 7.02, 7.20, 7.26, 7.30, 7.44, 7.67

Paris Universal Copyright Convention, Ratification Law No. 63/1965 7.06

Other legislation

5th Amendment to the Constitution Law No. 127(I)/2006 7.07

Law ratifying the Treaty of Accession to the EU Law No 35(III)/2003 7.07

Law for the Protection of the Commercial Exploitation of Cinematographic Films Law 159/1190 as amended 7.68

Czech Republic

Copyright legislation

Act no. 216/2006 changing Act no. 121/2000 on Copyright and Rights related to Copyright and on the Amendment of Certain Acts (Copyright Act), as amended, and some other acts 8.33

Act No. 121/2000 on Copyright and Rights related to Copyright and on the Amendment of Certain Acts (Copyright Act), as amended 8.01, 8.08, 8.36, 8.49

Other legislation

Act No. 89/2012, Civil Code, as amended 8.53, 8.54

Act No. 127/2005, on Electronic Communications and on Amendments to Certain Related Acts, as amended 8.51

Act No. 480/2004, on Certain Services in Information Society, as amended 8.50

Act No. 99/1963, Civil Procedure Code, as amended 8.49

Denmark

Copyright legislation

Act No. 321 of 5 April 2016 9.51

Consolidated Act on Copyright No. 1144 of 23 October 2014 9.02, 9.03, 9.06, 9.22, 9.25, 9.26, 9.28, 9.34, 9.35, 9.38, 9.39, 9.44, 9.45, 9.49, 9.52, 9.53, 9.54, 9.61, 9.62, 9.64, 9.65, 9.67

Act No. 1269 of December 2009 9.44

Act No. 231 of 8 April 2008 9.49

Act No. 569 of 9 June 2006 9.42

Act No. 352 of 19 May 2004 9.64

Act No. 997 of 9 December 2003 9.39

Act No. 1051 of 17 December 2002 9.01

Act No. 472 of 7 June 2001 9.47

Other legislation

E-Commerce Act, Act No. 227 of 22 April 2002 9.34, 9.67

Estonia

Copyright legislation

Copyright Act of 12 December 1992, RT 1992, 49, 615, as amended 10.01

Government Regulation, RT I 2006, 5, 23 10.22

Government Regulation, RT I 2006, 34, 260 10.25

Government Regulation, RT I 2005, 11, 46 10.08

Other legislation

Law of Obligations Act, RT I 31.12.2017, 8 10.43

Penal Code, RT 30.12.2017, 29 10.45, 10.46, 10.49

Conciliation Act of 10 December 2009, RT I 2009, 59, 385 10.40

Constitution of 28 June 1992, RT 1992, 26, 349 10.01

Finland

Copyright legislation

Government Bill (28/2004) on the Act amending the Copyright Act and Penal Code 11.01

Copyright Act (FCA) (Act No. 404 of 8 July 1961) as last amended by the Act 607/2015 11.03, 11.04, 11.05, 11.08, 11.09, 11.11, 11.13, 11.14, 11.15, 11.16, 11.17, 11.18, 11.19, 11.20, 11.22, 11.23, 11.24, 11.25, 11.28, 11.30, 11.31, 11.36, 11.37, 11.39, 11.41, 11.42, 11.45

France

Copyright legislation

Ordinance No. 2016–1823 of 22 December 2016 on the implementation of Directive 2014/26/EU 12.07

Law No. 2016–1321 of 7 October 2016 introducing exemptions to the IP Code 12.09, 12.17, 12.25

Law No. 2016–925 of 7 July 2016 on the freedom of creation, architecture and heritage 12.07, 12.08, 12.23, 12.25, 12.29, 12.33

Law No. 2015–195 of 20 February 2015 containing various provisions to adapt to European Union law in the area of literary and artistic property 12.07

Ordinance 2014–1348 of 12 November 2014 amending the provisions of the Intellectual Property Code with regard to the publishing contract 12.07

Law No. 2014–315 of 11 March 2014 strengthening the fight against counterfeiting 12.07, 12.48

Law No. 2012–287 of 1 March 2012 on the digital exploitation of XXth century out-of-print books 12.07, 12.30

Law No. 2011–1898 of 20 December 2011 on remuneration for private copying 12.07, 12.22

Law No. 2009–1311 of 28 October 2009 concerning the criminal protection of literary and artistic property on the internet (‘HADOPI II’) 12.04

Law No. 2009–669 of 12 June 2009 regarding the diffusion and protection of creation on the Internet (‘HADOPI I’) 12.04

Law No. 2007–1544 of 29 October 2007 on the fight against counterfeiting 12.04

Law No. 2006–961 of 1 August 2006 Copyright and Related Rights in the information society 12.01, 12.02, 12.03, 12.04

Law No. 92–597 of 1 July 1992 on the Intellectual Property Code (IP Code), consolidated version as of 1 January 2018 12.03, 12.06, 12.09, 12.10, 12.11, 12.12, 12.15, 12.16, 12.17, 12.18, 12.19, 12.20, 12.21, 12.23, 12.24, 12.25, 12.26, 12.28, 12.29, 12.30, 12.33, 12.36, 12.37, 12.38, 12.39, 12.40, 12.41, 12.44, 12.45, 12.46, 12.47

Germany

Copyright legislation

Law on the Adjustment of Copyright to the Current Requirements of the Knowledge Society (Copyright Knowledge Society Law – Urheberrechts- Wissensgesellschafts-Gesetz) of 1 September 2017, effective 1 March 2018, BGBl. I 3346 13.007, 13.056

Law on Copyright and Related Rights of 9 September 1965, BGBl. I1273, as amended last by Law of 1 September 2017 (available in English translation at: http://www.gesetze-im-internet.de/englisch_urhg/index.html)  13.001

Law on the Improved Enforcement of Rights to Equitable Remuneration for Authors and Performers as well as Regarding Questions of the Participation of Publishers of 20 December 2016, BGBl. I 3037 13.009

Act on the Management of Copyright and Related Rights by Collecting Societies (Collecting Societies Act – Verwertungsgesellschaftengesetz) of 24 May 2016, effective 1 June 2016 13.007

Tenth Law to amend the Copyright Act of 5 December 2014, BGBl. I 1974 13.007

Law on Improper Business Practices of 1 October 2013, BGBl. I 3714 13.007

Law on the Use of Orphan and Out-of-Commerce Works and on a further amendment of the Copyright Act of 1 October 2013, BGBl. I 3728 13.007

Ninth Law to amend the Copyright Act of 2 July 2013, BGBl.I 1940 13.009

Eigth Law to amend the Copyright Act of 7 May 2013, BGBl.I 1161 13.009

Second Law to regulate copyright in the information society of 26 October 2007, BGBl. I2513 3.003

Law of 10 September 2003 on Regulation of Copyright in the Information Society, BGBl. I 1774 13.001

Act on Administration of Copyright of 9 September 1965, BGBl. I, p. 1294 amended last on 26 October 2007, BGBl. I. 2513 (repealed)    3.003

Other legislation

Third Law to Amend the Telemedia Law of 28 September 2017, BGBl. I 353 13.008

Second Law to Amend the Telemedia Law of 21 July 2016, BGBl. I 1766 13.008

Telemedia Law of 26 February 2007 as amended last by Law of 28 September 2017, BGBl. I 3550 13.094, 13.101

Greece

Copyright legislation

Law 3524/2007, Government Gazette (FEK) A 15/26.01.2007 14.64, 14.66

Law 3328/2005, Government Gazette (FEK) A 80/01.04.2005 14.42

Law 3184/2003, Government Gazette (FEK) A 228/26.09.2003 14.07

Law 3183/2003, Government Gazette (FEK) A 227/26.09.2003 14.07

Law 3057/2002 (FEK) A 239/10.10.2002 14.04, 14.53, 14.61

Law 2121/1993, Government Gazette (FEK) A 25/4.3.1993 14.01, 14.04, 14.09, 14.12, 14.15, 14.17, 14.18, 14.23, 14.25, 14.27, 14.28, 14.29, 14.32, 14.35, 14.39, 14.40, 14.42, 14.43, 14.44, 14.45, 14.46, 14.47, 14.49, 14.50, 14.52, 14.53, 14.56, 14.57, 14.58, 14.59, 14.61, 14.63, 14.64, 14.66, 14.67, 14.70

Other legislation

Ministerial Decision ΥΠΠΟ/ΔΙΟΙΚ/98546, Government Gazette (FEK)B 2065/24.10.2007 14.30

Presidential Decree No. 131/2003, Government Gazette (FEK) A 116/16–05–2003 14.67

Hungary

Copyright legislation

Collective Management Act, Act No. XCIII of 2016 on collective management of copyright and related rights 15.001, 15.049, 15.052, 15.053

Copyright Act, Act No. LXXVI of 1999 15.001, 15.002, 15.005, 15.009, 15.010, 15.011, 15.013, 15.017, 15.018, 15.019, 15.020, 15.022, 15.024, 15.025, 15.028, 15.031, 15.033, 15.034, 15.035, 15.037, 15.038, 15.046, 15.048, 15.049, 15.052, 15.053, 15.054, 15.058, 15.062, 15.064, 15.065, 15.067, 15.068, 15.070, 15.071, 15.073, 15.074, 15.075, 15.078, 15.080, 15.081, 15.085, 15.087, 15.089, 15.091, 15.097, 15.099, 15.106, 15.108

Other legislation

Act C of 2012 on the Penal Code 15.087, 15.092, 15.093, 15.094, 15.095, 15.096, 15.097, 15.098, 15.099

Act CVIII of 2001 on Electronic Commerce 15.004, 15.091, 15.100, 15.101, 15.105

Ireland

Primary legislation

Copyright and Related Rights (Amendment) Act 2007 (No.39 of 2007) 16.014

Copyright and Related Rights (Amendment) Act 2004 (No.18 of 2004) 16.020

Data Protection Act 2003 (No. 6 of 2003) 16.095

Copyright and Related Rights Act (CRRA) 2000 (No. 28 of 2000) 16.001

Intellectual Property (Miscellaneous Provisions) Act 1998 (No. 28 of 1998) 16.001

Data Protection Act 1988 (No. 25 of 1988) 16.095

Copyright Act 1963 (No. 10 of 1963) 16.001

Draft primary legislation

The Copyright and Other Intellectual Property Law Provisions Bill 2018 16.007

Secondary legislation

European Union (Collective Rights Management) (Directive 2014/26/EU) Regulations 2016 16.027

European Union (Copyright and Related Rights) Regulations (S.I.No.59 of 2012) 16.101

European Communities (Enforcement of Intellectual Property Rights) Regulations 2006 (No.360 of 2006) 16.091

European Communities (Copyright and Related Rights) Regulations, 2004 (S.I.No.16 of 2004) 16.004, 16.029, 16.079, 16.084

European Community (Directive 2000/31/EC) Regulations 2003 16.097

Copyright and Related Rights (Librarians and Archivists) (Copying of Protected Material) Regulations 2000 (S.I.No.427) 16.038

Copyright and Related Rights (Recording for Purposes of Time-shifting) Order, 2000 (S.I.No.407) 16.047

Copyright and Related Rights (Provision of Modified Works) (Designated Bodies) Order, 2000 (S.I.No.406) 16.053

Copyright and Related Rights (Recording of Broadcasts and Cable Programmes for Archival Purposes) (Designated Bodies and Classes) Order, 2000 (S.I.No.405) 16.045

Italy

Copyright legislation

Decree Law of 16 October 2017, No. 148 17.126

Legislative Decree of 11 March 2017, No.35, transposing Directive 2014/26/EU of 26 February 2014 on collective management of copyright and related rights 17.003

Legislative Decree of 15 January 2016, No. 8 17.030

Decree of the Minister of Culture of 2 February 2015 17.015

Legislative Decree of 10 November 2014, No.163, transposing Directive 2012/28/EU on certain permitted uses of orphan works, OJ 2012 L 299/5 17.002, 17.032, 17.088

Legislative Decree of 21 February 2014, No. 10, implementing Directive 2011/77/EU of 27 September 2011 17.098

Ministerial Decree of 11 January 2014 17.128

Decree of the President of the Councils of Ministers dated 19 December 2012, published in O.J. No. 59 of 11 March 2013 (amended by Legislative Decree 35/2017) 17.016

Legislative Decree of 13 August 2010, No. 131 17.097

Law of 29 June 2010, No. 100 enacting Decree-Law of 30 April 2010, No. 64 17.079

Law of 28 February 2008, No.31 enacting Decree-Law of 31 December 2007, n.248 17.068

Ministerial Decree of 10 December 2007 on the allocation of funds among categories of matters entitled to the remuneration 17.058

Law of 19 July 2007, No. 106 17.014

Ministerial Decree of 18 June 2007 on the remuneration and distribution for reprography 17.014

Law of 6 April 2007, No. 46 enacting Decree-Law of 15 February 2007, No.10 17.097

Legislative Decree of 16 March 2006, No. 140, implementing Directive 2004/48/EC on the enforcement of intellectual property rights 17.002, 17.099

Legislative Decree of 13 February 2006, No. 118, implementing Directive 2001/84/EC on the resale right for the benefit of the author of an original work of art. Law 286/2006 17.002

Legislative Decree of 10 February 2005, No. 30 17.002, 17.099, 17.114

Legislative Decree of 9 April 2003, No. 68, implementing Directive 2001/29/EC on the harmonization of certain aspects of copyright and related rights in the information society 17.004

Legislative Decree of 2 February 2001, No.95 implementing Directive 98/71/EC 17.002

Legislative Decree of 15 November 2000, No. 373 implementing Directive 98/84/EC of 20 November 1998 on the legal protection of services based on, or consisting of, conditional access, OJ 1998 L 320/54 17.002

Law of 18 August 2000, No. 248 on new provisions for the protection of author’s rights 17.001

Decree of the President of the Council of Ministers of 16 September 1999, No. 504 17.093

Legislative Decree of 6 May 1999, No. 169, implementing Directive 96/9/EC on the legal protection of databases 17.002

Legislative Decree of 26 May 1997, No. 154 and Law of 7 August 1997, No. 266 implementing Directive 93/98/EEC on the term of protection of copyright and certain related rights (repealed and replaced by the Directive 2006/116/EC of 12 December 2006) 17.002, 17.014

Law of 23 December 1996, No. 650 (par. 58), enacting Decree-Law of 23 October 1996, No. 541 17.002

Legislative Decree of 23 October 1996, No. 581, implementing Directive 93/83/EEC on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission 17.002

Law of 29 June 1996, No. 52 17.002

Legislative Decree of 16 November 1994, No. 685 (amended by Decree-Law of 15 March 1996, No. 204), implementing Directive 92/100/EEC on rental right and lending right and on certain rights related to copyright in the field of intellectual property (repealed and replaced by its codified version Directive 2006/115/EC) 17.002

Legislative Decree of 29 December 1992, No. 518 (amended by Decree-Law of 15 March 1996, No. 205 and by Decree-Law of 6 May 1999, No. 169), implementing Directive 91/250/EEC on the legal protection of computer programs, repealed and replaced by Directive 2009/24/EC 17.002

Decree of the President of the Republic, 8 January 1979, No. 19 on the application of the Berne Convention, Paris Act 1971 17.001

Regio Decreto 18 May 1942, No. 1369, for the implementation of Law 22 April 1941 17.041

Law No. 633/1941 of 22 April 1941 on the protection of author’s right and related rights as subsequently amended (Copyright Law) 17.001

Copyright Law of 1925 (repealed) 17.001

Other legislation

Civil Code 17.114, 17.115, 17.116

Code of Civil Procedure 17.106, 17.111

Law of 4 August 2017, n. 124 on Competition and the Market 17.016

Law of 7 October 2013, n. 112, for the valorization of culture and the promotion of tourism 17.022

Legislative Decree of 15 March 2010, No. 44 implementing Directive 2010/13/EU on audiovisual media services (codified version) 17.121

Legislative Decree of 9 January 2008, n. 9 on the Discipline of the Ownership and Marketing of Audiovisual Rights in Sporting Events and the relevant Resource Allocation 17.014

Industrial Property Code of 10 February 2005 17.002, 17.099, 17.114

Legislative Decree 70/2003 implementing Directive 2000/31/EC on electronic commerce 17.102, 17.121

Law of 6 August 1990, n. 223, Disciplina del sistema radiotelevisivo pubblico e privato (Rules on the public and private broadcasting system) 17.041

Japan

Copyright legislation

Copyright Law No. 48 of 6 May 1970, as amended last by Law No. 35 of 14 May 2014 1.060, 1.079, 1.093

Latvia

Constitution of the Republic of Latvia of 15 February 1922, as subsequently amended, Chapter 8 – Article 113, introduced 15 October 1998 18.005

Copyright legislation

Law on Collective Administration of 18 May 2017, in force since 31 May 2017 18.067, 18.068, 18.069

Cabinet Regulation No. 565 of 21 August 2007, Procedures by which the Remuneration Regarding Public Lending shall be Calculated, Paid and Distributed, as amended 18.064

Cabinet Regulation No. 321, adopted on 10 May 2005, Regulations Regarding the Amount of the Blank Tape Levy and the Levy of Equipment Used for Reproduction and the Procedures for the Collection, Repayment, Distribution and Payment Thereof, as amended 18.037

Copyright Law of 6 April 2000, in force since and amended up to 31 December 2014 18.007, 18.008, 18.009, 18.010, 18.011, 18.013, 18.014, 18.020, 18.021, 18.025, 18.027, 18.028, 18.030, 18.032, 18.039, 18.042, 18.043, 18.045, 18.049, 18.056, 18.057, 18.059, 18.060, 18.062, 18.063, 18.064, 18.065, 18.066, 18.067, 18.073, 18.075, 18.076, 18.077, 18.078, 18.080, 18.085, 18.086, 18.092, 18.097, 18.100, 18.101, 18.102, 18.103, 18.105

Law on Copyright and Related Rights of 11 May 1993 (repealed) 18.003

Law on Copyright of 15 May 1937 (repealed) 18.001

Other legislation

Latvian Administrative Violations Code as amended up to 2008 18.093

Criminal Law of 17 June 1998 as amended up to 2009 18.006, 18.079, 18.094

Latvian SSR Civil Code, 1964 (repealed) 18.002, 18.003

Latvian Civil Law of 1937, taking effect as of 30 July 1992 18.003

Lithuania

Copyright legislation

Law on Amendment of Articles of 15, 53, 54, 56, 57 and 61 of the Law on Copyright and Related Rights of the Republic of Lithuania No. VIII-1185 of 29 June 2017, Register of Legal Acts, 11 July 2017, No. 11949, in force since 1 August 2017 19.21

Regulation of the Government of the Republic of Lithuania of 7 December 2016 No. 1227 on the approval of the procedure for collection, distribution, payment and reimbursement of compensative remuneration for reprographic reproduction of personal purposes (TAR, 2016–12–09, No. 28534, in force since 10 December 2016) 19.02, 19.04, 19.45

Law of 3 November 2016, in force since 1 December 2016 with certain exceptions; Register of Legal Acts, 2016, No. 26894 19.07

Order of the Minister of Culture of the Republic of Lithuania of 11 June 2014 No. ĮV-443, Register of Legal Acts, 17 June 2014, No. 7710 19.57

Law on Amendment to Articles 2, 16, 19, 20, 21, 22, 23, 24, 25, 26, 28, 33, 39, 58, 75 of the Republic of Lithuania Law on Copyright and Related Rights (2011 Amending Law), as well as the Law on Amendment and Supplement of the Law with Article 20–1 and with Annexes 1 and 2, 21 December 2011, No. XI-1833, in force since 10 January 2012 (Articles 4, 5, 10, 15, 17, 18 in force since 0103 2012), Official Gazette, 10 January 2012, No 6–177 19.04, 19.25, 19.33, 19.40, 19.43, 19.45, 19.48, 19.51, 19.52, 19.53, 19.54, 19.55

Government Regulation No. 1106 of 29 August 2003 on the compensation and distribution system in respect of remuneration for personal reproduction of works recorded in audiovisual works or phonograms 19.02, 19.35, 19.39

Government Regulation No. 997 of 29 August 2003 amending Regulation No. 1106 19.39

Government Regulation No. 182 of 6 February 2002 on the Approval of the Order on Payment of Remuneration for Lending of Books and Other Publications through Libraries, with Amending Government Regulation of 14 August 2007 No. 905 (Official Gazette, 2007, No. 95–3832) and Amending Government Regulation of 23 April 2015 No. 423 published in Register of Legal Acts, 29 April 2015, No. 6494 19.02, 19.23

Government Regulation No. 181 of 6 February 2002 on the Approval of the Order on Payment of Remuneration for Reprographic Reproduction 19.02, 19.43

Law on Copyright and Related Rights of 18 May 1999 (No. VIII –1185) as amended last by Law of 29 June 2017 (No. VIII-1185) 19.06, 19.21, 19.23, 19.32, 19.42, 19.47, 19.58, 19.60

Luxembourg

Copyright legislation

Grand-Ducal Regulation of 15 January 2016 on the authorized use of orphan works 20.004

Act of 3 December 2015 governing the authorized use of orphan works 20.004

Act of 10 February 2015 implementing Directive 2011/77/EU 20.002

Act of 22 May 2009 regarding the implementation of Directive 2004/48/EC of the European Parliament and the Council of 29 April 2004 regarding the respect of intellectual property rights and concerning the designation of courts for community designs and utility models and modifying the Act of 18 April 2001 on Authors’ Rights, Related Rights and Databases and the Act of 20 July 1992 modifying the regime of patents 20.002, 20.103

Grand-Ducal Regulation of 8 January 2007 relating to fair remuneration for public lending 20.003

Grand-Ducal Regulation of 25 August 2006 relating to the resale right 20.003

Grand-Ducal Regulation of 30 June 2004 concerning management and distribution organisations of copyrights and neighbouring rights 20.003

Act of 18 April 2004 modifying the Act of 18 April 2001 on Authors’ Rights, Related Rights and Databases and the Act of 20 July 1992 modifying the regime of patents 20.002, 20.005, 20.006

Act of 18 April 2001 on Authors’ Rights, Related Rights and Databases (Copyright Act), as subsequently amended up to 2015 20.002, 20.003, 20.005, 20.006, 20.007, 20.011, 20.014, 20.016, 20.017, 20.023, 20.025, 20.029, 20.034, 20.036, 20.037, 20.040, 20.041, 20.042, 20.043, 20.046, 20.047, 20.050, 20.053, 20.056, 20.061, 20.067, 20.071, 20.072, 20.077, 20.079, 20.082, 20.083, 20.088, 20.093, 20.094, 20.097, 20.101, 20.102, 20.130, 20.131, 20.136, 20.141, 20.150, 20.151

Act of 23 September 1975 on the protection of performers, producers of phonograms and broadcasting organizations (repealed) 20.001

Act of 29 March 1972 on Authors’ Rights (repealed) 20.001

Act of 10 May 1898 on Authors’ Rights (repealed) 20.001

Other legislation

eCommerce Act of 14 August 2000, as subsequently amended 20.132

Malta

Copyright legislation

Extension to Term of Protection (Neighbouring Right) Regulations, Subsidiary Legislation 415.04 of the Laws of Malta, introduced by Legal Notice 81 of 2014 21.28

Enforcement of Intellectual Property Rights (Regulation) Act, Chapter 488 of the Laws of Malta, Act No. XX of 2006 21.54

Certain Permitted Uses of Orphan Works Regulations, Subsidiary Legislation 415.05 of the Laws of Malta 21.39

Act No. IX of 2003 (Implementation of Directive 2001/29/EC) 21.04

Chapter 415, Act XIII of 14 August 2000, as amended last by Act VIII of 2011 (Copyright Act), Cap. 415 21.01, 21.07, 21.09, 21.11, 21.12, 21.16, 21.17, 21.18, 21.19, 21.20, 21.22, 21.24, 21.28, 21.30, 21.31, 21.32, 21.34, 21.36, 21.37, 21.38, 21.40, 21.41, 21.42, 21.43, 21.44, 21.45, 21.46, 21.47, 21.49, 21.50, 21.52, 21.53, 21.54, 21.55, 21.59, 21.61

Copyright Act, Cap.196 (repealed) 21.01

Act to make new provision in respect of copyright and related matters, in substitution for the provisions of the Copyright Act 1911; Official English text published in the Supplement to the Government of Malta, No. 11.992 of 3 March 1967 (repealed) 21.03

1911 Copyright Act of the United Kingdom (repealed) 21.03

Other legislation

Patents and Designs Act, Cap.417 of the Laws of Malta 21.57

Trademarks Act, Cap.416 of the Laws of Malta 21.57

Subsidiary legislation 415.02, Legal Notice 197 of 2004 – Revival of Copyright and Neighbouring Rights (Protection) and Exhaustion of Distribution Rights (Extension) Regulations 21.31

Control of the Establishment and Operation of Societies for the Collective Administration of Copyright Regulations, Subsidiary legislation 415.01 of the Laws of Malta, Legal Notice 425 of 2003 (as amended by Legal Notice 80 of 2010) 21.34

Criminal Code, Cap. 9 of 10 June 1854 as last amended by Act VII of 2010 21.40

The Netherlands

Copyright legislation

Royal Decree of 28 October 2014, Staatsblad (O.J.) 2014, 410 22.110

Royal Decree of 23 October 2012, Staatsblad (O.J.) 2012, 505 22.098

Act of 6 July 2004, O.J. (Staatsblad) 2004, 336, effective since 1 September 2004 (OJ 2004, 409) (Implementation of Directive 2001/29/EC) 22.001

Copyright Act of 23 September 1912 as amended up to 1 September 2017 22.001, 22.003, 22.006, 22.021, 22.023, 22.024, 22.026, 22.038, 22.041, 22.043, 22.073, 22.082, 22.083, 22.085, 22.086, 22.087, 22.100, 22.107, 22.119, 22.120, 22.121, 22.122, 22.123, 22.126, 22.127, 22.131, 22.137, 22.140, 22.148, 22.149, 22.158, 22.164, 22.165, 22.171

Neighbouring Rights Act of 18 March 1993 as amended up to 1 September 2017 22.001, 22.043, 22.044

Other legislation

Civil Code 22.010, 22.035, 22.117

New Zealand

Copyright Act 1994 1.079

Poland

Copyright legislation

Act amending Copyrights and Related Rights Act and Gambling Act of 11 September 2015 (Journal of Law 2015 no. 1639) 23.11

Copyrights and Related Rights Act (Ustawa o prawie autorskim i prawach pokrewnych) (Polish Copyright Act) of 4 February 1994 (consolidated act Journal of Law 2017 no. 880) 23.01, 23.03, 23.09, 23.16, 23.17, 23.18, 23.22, 23.23, 23.25, 23.27, 23.31, 23.32, 23.33, 23.35, 23.37, 23.38, 23.39, 23.40, 23.41, 23.43, 23.45, 23.46, 23.49, 23.55, 23.56, 23.57, 23.58, 23.60, 23.61, 23.63, 23.64, 23.65, 23.66, 23.67, 23.69, 23.70, 23.71, 23.72, 23.73, 23.74, 23.75, 23.76, 23.77, 23.80, 23.81, 23.82, 23.83, 23.84, 23.85, 23.86, 23.87, 23.88, 23.89, 23.92, 23.93, 23.94

Portugal

Constitution, 1976 24.040, 24.119

Copyright legislation

Law 36/2017 of 2 June 2017 24.108, 24.136, 24.139

Law 49/2015 of 5 May 2015 24.045

Law 32/2015 of 24 April 2015 24.012, 24.075

Law 50/2004 of 24 August 2004 implementing Directive 2001/29/EC on copyright in the information society 24.001, 24.006, 24.098

Decree-Law 7/2004 of 7 January 2004 24.034

Law 83/01 of 3 August 2001 24.098

Decree-Law 122/2000 of 4 July 2000 24.064

Law 62/98 of 1 September 1998 24.037

Decree-Law 332/97 of 27 November 1997 as amended by Law 24/2006 of 30 June 2006 and Law 16/2008 of 1 April 2008 24.028

Author’s Right and Related Rights Code (Portuguese Code) No. 45/85 of 17 September 1985, as subsequently amended 24.004, 24.007, 24.009, 24.011, 24.012, 24.013, 24.014, 24.015, 24.025, 24.026, 24.027, 24.028, 24.031, 24.032, 24.033, 24.036, 24.038, 24.043, 24.046, 24.048, 24.049, 24.051, 24.053, 24.054, 24.057, 24.058, 24.059, 24.060, 24.061, 24.062, 24.063, 24.064, 24.065, 24.066, 24.067, 24.068, 24.069, 24.070, 24.071, 24.076, 24.077, 24.078, 24.079, 24.082, 24.083, 24.084, 24.085, 24.086, 24.087, 24.088, 24.089, 24.090, 24.091, 24.092, 24.095, 24.096, 24.099, 24.102, 24.105, 24.106, 24.107, 24.108, 24.109, 24.110, 24.111, 24.113, 24.115, 24.116, 24.121, 24.123, 24.124, 24.128, 24.129, 24.132, 24.140, 24.141

Romania

Copyright legislation

Law no. 74/2018 (implementing Directive 2014/26/EU on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market [2014] OJ L84/72), published in the Official Gazette no. 268/27 March 2018 25.01

Law No. 261/3 November 2015 for modification and completion of Law No. 8/1996 concerning copyright and related rights, published in the Official Gazette no. 826/5 November 2015 25.01

Law No. 210/21 July 2015 for modification and completion of Law No. 8/1996 concerning copyright and related rights (implementing Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works [2012] OJ L299/5), published in the Official Gazette no. 550/24 July 2015 25.01

Law No. 53/24 March 2015 for modification and completion of Law No. 8/1996 concerning copyright and related rights (implementing Directive 2011/77/UE of the European Parliament and of the Council of 27 September 2011 amending Directive 2006/116/EC on the term of protection of copyright and certain related rights [2011] OJ L265/1) published in the Official Gazette no. 198/25 March 2015 25.01

Government Emergency Ordinance No. 71/31 August 2011 for the amendment of some legal acts to eliminate the provisions regarding the incentives for the personnel in the budgetary sector, published in the Official Gazette no. 637/6 September 2011 25.01

Law No. 285/23 June 2004 for modification and completion of Law no. 8/1996 concerning copyright and related rights 25.01

Law No. 8/1996 of 24 June 1996 concerning copyright and related rights, as subsequently amended (Copyright Law) 25.01, 25.02, 25.04, 25.06, 25.09, 25.19, 25.20, 25.23, 25.26, 25.34, 25.35, 25.40, 25.41, 25.42, 25.45, 25.46, 25.48, 25.49, 25.50, 25.52, 25.53, 25.54, 25.57, 25.64, 25.66, 25.67, 25.68, 25.69, 25.77, 25.80

Other legislation

Civil Code 25.33, 25.57, 25.73

Law No. 255/19 July 2013 for the application of Law No. 135/2010 concerning the Code of Criminal Procedure and the modification and completion of some legal acts providing for criminal procedures (The New Criminal Procedure Code), published in the Official Gazette no. 515/14 August 2013 25.01

Law No. 187/24 October 2012 for the application of Law No. 286/2009 concerning the Criminal Code (The New Criminal Code), published in the Official Gazette no. 757/12 November 2012 25.01

Law No. 76/24 May 2012 for the application of Law No. 134/2010 concerning the Code of Civil Procedure (The New Civil Procedure Code), published in the Official Gazette no. 365/30 May 2012 25.01

Law No. 71/3 June 2011 for the application of Law No. 287/2009 concerning the Civil Code (The New Civil Code), published in the Official Gazette no. 409/10 June 2011 25.01, 25.33, 25.73

Law no. 365/2002 on electronic commerce, transposed the Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market, OJ 2000 L 178/1 (17 July), republished in the Official Gazette no. 959/29 November 2006 25.73, 25.75

Slovak Republic

Constitution 26.005, 26.008, 26.105

Copyright legislation

Act 185/2015 on Copyright, promulgated on 5 August 2015 in the Official Journal of the Slovak Republic and in force from 1 January 2016 26.023, 26.048

Act 618/2003 on Copyright and Rights Related to Copyright as subsequently amended by Act 84/2007, Act 220/2007 and Act 453/2008 (repealed) 26.020, 26.021

Act 234/2000 on Changes and Amendments of the Copyright Act, Collective Administration Act and Certain Other Acts (repealed) 26.014, 26.069, 26.086, 26.128

Copyright Act 383/1997 (repealed) 26.013, 26.069, 26.086, 26.127

Act 283/1997 on Collective Administration of Rights under the Copyright Act and on Change and Amendment of Certain Acts (repealed) 26.013

Copyright Act 35/1965 as subsequently amended by Act 89/1990, Act 468/1991 and Act 13/1993 (repealed) 26.004, 26.006, 26.009, 26.083

Copyright Act 115/1953 (repealed) 26.004

Copyright Act 218/1926 (repealed) 26.004

Transleithanian Article of Law No. XVI/1884 (repealed) 26.001, 26.003

Other legislation

Act 91/2016 on Criminal Liability of Legal Persons 26.160

Act 160/2015 on Civil Procedure 26.161

Act 40/2015 Coll. On Audiovision and on the Amendment and Supplementation of Certain Acts 26.097

Criminal Code, Act 300/2005 as amended 26.052

Act 382/2004 on Experts, Interpreters and Translators 26.026

Act 395/2002 on Archives and Depositories 26.094

Act 40/1964 Civil Code, as amended 26.152, 26.156, 26.157, 26.158

Slovenia

Copyright legislation

Act on Collective Management of Copyright and Related Rights (CMA), published in the Official Gazette No. 63/2016, in force since 22 October 2016 27.06, 27.26, 27.33, 27.34, 27.49

Governmental Decree determining the method of calculation and payment of fair compensation for the use of works upon the end of their orphan work status, Official Gazette No. 76/2015 of 30 July 2015, in force since 10 October 2015 27.27, 27.28

Copyright and Related Rights Act (CA) of 2007 and subsequent amendments, published in the Official Gazette No. 16/2007, 68/2008, 110/2013, 56/2015, 63/2016 27.02, 27.06, 27.07, 27.08, 27.10, 27.11, 27.12, 27.13, 27.17, 27.18, 27.20, 27.21, 27.22, 27.23, 27.24, 27.25, 27.27, 27.30, 27.33, 27.34, 27.36, 27.37, 27.39, 27.41, 27.42, 27.43, 27.44, 27.49

Regulation on the amounts of remuneration for private and other internal reproduction of 28 September 2006 (OJ (UL) 2006/103 of 6 October 2006, effective 21 October 2006 (repealed by the Collective Management Act, but still applicable until a provisional tariff is adopted) 27.26

Other legislation

Criminal Code, Official Gazette No. 55/2008, 66/2008 –corr., 39/2009, 55/2009 27.37, 27.45

Code on Civil Procedure (CCP) of 25 April 2008 27.41

Code on Obligations (CO) of 3 October 2001 27.41, 27.42, 27.49

Code on Execution and Precautionary Measures (CEPM) of 30 June 1998 27.41

Spain

Copyright legislation

Royal Decree-Law 12/2017, of July 12, amending the consolidated text of the Copyright Law, approved by Royal Legislative Decree 1/1996, of April 12, with respect to the system of equitable compensation for private copying. B.O.E. nº 158, of July 4, 2017 28.041, 28.043, 28.063

Royal Decree 224/2016, of 27 May, developing the legal regime for orphan works 28.104, 28.111, 28.114

Law 21/2014, of November 4, amending the consolidated text of the Intellectual Property Law approved by Royal Legislative Decree 1/1996, of 12 April, B.O.E. No. 268, of November 5, 2014 28.010, 28.012, 28.025, 28.041, 28.043, 28.044, 28.045, 28.059, 28.060, 28.068, 28.071, 28.076, 28.082, 28.083, 28.104, 28.137, 28.139, 28.150, 28.163, 28.166, 28.176

Royal Decree 1657/2012, of December 7, regulating the procedure for payment of the equitable compensation for private copying out of the Govt. General Budget (B.O.E. nº 295 December 8, 2012) 28.056

Royal Decree 1889/2011, of December 30, governing the Copyright Commission 28.167

Law 23/2006 of July amending the consolidated text of the Intellectual Property Law approved by Royal Legislative Decree 1/1996, of April 12, B.O.E. No. 62, July 8, 2006 28.001, 28.002, 28.003, 28.004, 28.005, 28.006, 28.007, 28.010, 28.013, 28.015, 28.016, 28.017, 28.019, 28.023, 28.026, 28.028, 28.039, 28.040, 28.042, 28.044, 28.047, 28.049, 28.068, 28.076, 28.090, 28.091, 28.093, 28.098, 28.116, 28.123, 28.134, 28.135, 28.150, 28.160, 28.174, 28.175

Law 19/2006, of 5 June, for widening the means of protection of intellectual and industrial property rights and providing for procedural rules to facilitate the application of EU regulations, which transposes Directive 2004/48/EC (Directive 2004/48/EC of the European Parliament and of the Council of 29 April 2004 on the enforcement of intellectual property rights, OJ 2004 L 195/16 (2 June) 28.135, 28.150, 28.160

Law 5/1998, of 6 March, transposing Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases. B.O.E. No. 57, of March 7, 1998 28.032

Intellectual Property Law approved by Royal Legislative Decree 1/1996, of April 12, B.O.E., N. 97, of April 22, 1996 28.001, 28.003, 28.010, 28.116

Law 43/1994, of 30 December, transposing Directive 92/100/EEC of Nov 19, 1992, on rental and lending rights and on certain rights related to copyright in the field of intellectual property (codified version), B.O.E. No. 313, of December 31, 1994 28.025

Other legislation

Royal Decree-Law 20/2011, of December 30, of urgent measures on Budget, financing and taxation for the correction of the public deficit (B.O.E. nº 315 December 31, 2011) 28.056

Law 2/2011 of March 4, for Sustainable Economy, B.O.E. No. 55, March 5, 2011 28.009, 28.055, 28.166

ORDEN PRE/1743/2008, of June 18, B.O.E. n. 148, June 19, 2008 28.050

Law 10/2007, of June 22, on reading, books and libraries, (B.O.E. No. 150, June 23, 2007) B.O.E. No. 50, of June 23, 2007 28.025, 28.048

Circular 1/2006, issued by the Attorney General on May 5, 2006, on crimes against intellectual property after Organic Law 15/2003 28.144

Law 34/2002, of July 11, on services in the information society and e-commerce (LSSI). B.O.E. No.166, of July 12, 2002 28.009, 28.160

Law 1/2000, of January 7, of Civil Procedure, B.O.E. No. 268, November 5, 2014 28.010, 28.150

Organic Law 10/1995, of 23 November, of the Criminal Code, as amended by Organic Law 15/2003, of 25 November, by Organic Law 5/2010, of 22 June and more recently by Organic Law 1/2015, of 1 March (B.O.E. nº 77 of 31 March 2015) 28.142

Sweden

Copyright legislation

SFS 2005:359, amendment to the Lagen (1960:729) omupphovsrätt till litterära verk (Act (1960:729) on copyright in literary and artistic works, Copyright Act) 29.001, 29.004, 29.009, 29.030, 29.041, 29.051, 29.067, 29.068, 29.072, 29.073, 29.074, 29.076, 29.077, 29.078, 29.079, 29.080, 29.084, 29.085, 29.087, 29.088, 29.092, 29.094, 29.095, 29.097, 29.098, 29.101, 29.102, 29.107, 29.112, 29.118, 29.119, 29.121, 29.123

Preparatory materials

SOU 2018:6, Grovt upphovsrättsbrott och grovt varumärkesbrott 29.122

SOU 2017:52, Tillgång till upphovsrättsligt skyddat material för personer med läsnedsättning 29.121

Bill 2015/16:57 Patent-och marknadsdomstol 29.008

Bill 2012/13:141 29.073

Bill 2004/05:110, Upphovsrätten i informationssamhället –genomförande av direktiv 2001/29/ EG, m.m. 29.003, 29.015, 29.074, 29.110

Report 2004/05:LU27, rskr. 2004/05:247 29.004, 29.015

Ds 2003:35, Upphovsrätten i informationssamhället –genomförande av direktiv 2001/29/EG, m.m. 29.003

Switzerland

Copyright legislation

Copyright Law of 9 October 1992 as amended up to 1 January 2017 1.093

United Kingdom

Copyright legislation

Copyright and Rights in Performances (Personal Copies for Private Use) Regulations 2014 No. 2361 30.31

Copyright and Rights in Performances (Quotation and Parody) Regulations 2014 No. 2356 30.31

Copyright and Rights in Performances (Disability) Regulations 2014 No. 1384 30.31

Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 No. 1372 30.31

The Copyright and Related Rights Regulations 2003, S.I. No. 2003/2498 30.55

Copyright Designs and Patents Act (CDPA) 1988 (as amended) 1.052, 1.096, 16.041, 16.076, 30.09, 30.12, 30.14, 30.16, 30.20, 30.23, 30.29, 30.30, 30.31, 30.32, 30.33, 30.37, 30.43, 30.46, 30.52, 30.55, 30.56

Other legislation

European Union (Withdrawal) Act 2018 30.54, 30.55, 30.57

Digital Economy Act 2017 16.076, 30.32

European Communities Act 1972 30.55

United States

Copyright legislation

Copyright Act of 1976 and subsequent amendments, 17 U.S.C. 1.081, 2.090

Digital Millennium Copyright Act (DMCA), Public Law 105–304-October 28, 1998 1.054, 2.175, 2.180, 2.203, 2.204, 13.019, 28.166