Protection of technical means of protection and information on rights management in the European Union

Abstract

Keywords: copyright, work, performance, phonogram, technical means of protection,information on rights management, digital networks
 The article is devoted to the studyof such aspects as protection of technical means of protection and information on themanagement of rights in the European Union. These protections are provided for thefirst time in Articles 11 and 12 of the WIPO Copyright Treaty (WCT) and Articles 18 and19 of the WIPO Performance and Phonograms Treaty (WPPT). Each of the WIPOtreaties contains almost identical provisions obliging Member States to prevent circumventionof technical measures used to protect works, performances, and phonograms andinformation on rights management.The implementation of the above provisions of the WCT and the WPPT is devoted toChapter III «Protection of technological measures and information on rights management» (Articles 6, 7) of Directive 2001/29/EC of 22 May 2001 on the harmonization of certainaspects of copyright and related rights in the information society. Article 6 of the Directiveobliges EU Member States to provide adequate legal protection against the circumventionof any effective technical measure by a person who knows or should be aware for obvious reasons that he is pursuing such a goal. According to Article 7 of theDirective, the EU Member States are obliged to provide adequate legal protectionagainst all persons who knowingly commit unlawful acts regarding rights managementinformation.The provisions of Articles 7 and 8 of the Directive are incorporated into the domesticlaw of the EU Member States. The article analyses the relevant legal provisions of Germany,Austria, Greece, and Denmark. Thus, the German Law of September 10, 2003 onthe Regulation of Copyright and Related Rights in the Information Society introducedinto the Law on Copyright and Related Rights the regime of legal protection of technicalmeans of protection and information on rights management (paragraphs 95a–95d) andremedies rights (p.108b–111a), which prohibits the circumvention of mechanisms designedto protect works and other protected objects from unauthorized control.In Ukraine, the protection of technical means of protection and information on rightsmanagement is provided by the Law on Copyright and Related Rights, Article 1 of whichdefines the terms «information on rights management» and «technical means of protection», and Article 50 lists illegal acts protection and information on rights managementare classified as infringements of copyright and related rights. The subject of copyright orrelated rights may sue the person who infringes the right to technical remedies and informationon rights management.