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Copyright Protection in the Internet Age - Legislation for Further Protection and Response to Increasing Demand from Users and Consumer Groups

RA Mari Nakayama

As the digital age arrives, every country is trying to prepare appropriate legislation for the age, responding the demand for further expansion of copyright protection for new technology. On November 1, 2003, France published the draft legislation on author's rights and neighboring rights in the digital age by the minister of culture and communication. The draft was examined at the committee of constitutional law, legislation and general administration of the National Assembly and adopted at that committee on June 1, 2005. To harmonize regional laws with the WIPO Copyright Treaty, the EU has adopted 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. The EU member states are now implementing their legislation in accordance with this directive. Despite its effort to implement the copyright directive, France was delayed in enacting its national law. The European Commission pointed out this delay, which made French government move forward with the plan strongly. The draft law includes relief for the circumvention of technical protection measures or modification of copyright management information, and also the exception for the copyright in case of a certain copying of contents for the use in the Internet.

However, there has been a discussion in France over the provision that regards the act of avoiding technical protection measures to protect copyrights as an infringement. Supporters of free software and Internet-user groups strongly oppose the rule, insisting that protecting the technical protection measures conflicts with the right of the reproduction for private use. In addition, on March 10, 2005, the Montpellier Court of Appeals decided that the system for DVD copy protect prevented consumers who bought the DVD legally from making copies for personal use. It concluded the use of the system of copy protection should be prohibited. On April 22, 2005, with the similar reason, the Paris Court of Appeals also prohibited the use of the copy protection system and ordered the company to pay a compensation for damages because it did not provide fully to their consumer about the information of the equipped copy protection system, referring to Article 122-3 and 211-3 of the Code of Intellectual Property. Responding these oppositions, the bill prescribed the provision to provide a minimum right of private use for users when the copyright is legally acquired.

Until recently, the rule about the circumvention of technical protection measures has remained controversial, criticized as an excessive protection or an obstacle to fair use of consumers. Today, the number of copyright infringements in the Internet has been growing as new technology has been developed. For example, a user can copy music or movie contents illegally by using the Peer-to-Peer software. Right holders and related industries are concerned about the spread of their economic loss. However, it is important to consider not only the benefits of right holders and industries, but also the benefits of consumers and the public interests. It is essential to maintain the balance of these benefits. It is strongly urged to establish a well-balanced copyright system that promotes creative activities, considering funding for artistic and cultural creation, use of information and distribution of information at the same time and enables the Internet industries to evolve in the future.