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The Efforts of the European Union to Harmonise Copyright and the Impact on Freedom of Information

The efforts of the European Union to harmonise copyright have been caused by two factors: 1) the need to adjust copyright to digital technology, and 2) the creation of an internal market for free trade in capital, goods and labour within the European member states. These efforts have resulted in directives on rental and lending rights, on harmonising the term of protection, and on legal protection of databases. These directives, although they strengthen authors' rights, should not worry librarians particularly. On the political agenda now is a Proposal for a Directive on the harmonisation of certain aspects of copyright and related rights in the Information Society (dec. 1997). This proposal attempts to set new standards for authors' rights to control the use of their works in respect to reproduction, communication to the public by electronic means, and distribution of hard copies. The proposed rules concerning authors' rights to control distribution of hard copies will, in practice, prevent free trade with copyrighted works. Researchers may not have free access to relevant published information and ethnic minorities may be discriminated against. If the authors' right to control any communication to the public of their works by electronic means is not balanced with rules of legal deposit and public access (on the library premises), libraries and archives will face serious legal difficulties in preserving electronic cultural heritage. The general public in Europe and those from around the world who seek to know the cultural heritage shall have suffered a serious setback in the freedom to access published information.