- Email: [email protected]
Electronic Information Services (EIS) in the EEA
CLSR
Briefing
Information Society. The need for a comprehensive and coherent initiative at Community level which fully takes into account Single Market and competition aspects will be considered. Moral rights: The Single Market dimension of moral rights gains more shape than before in the traditional environment. At this point, the Commissionproposes to further study market developments in particular to consider whether existing disparities in the legislation constitute significant obstacles for the exploitation of works and related subject matter in the Information Society, which could require a harmonized protection of moral rights acrossthe EU. Chapter
4
7. Any response to the current challenge would be incomplete if not accompanied by adequate protection at international level. Any international agreement should cover, in particular, the nature of the rights to be applied to acts of digital transmission; the scope of the reproduction right and the sti gene& protection of databases. Negotiations currently underway in WIPO should provide the opportunity for reaching international agreement in parallel with the preparation of Community harmonisation. See further: follow-up to the Green Paper on Copyright and Related Rights in the Information Society, COM (96) 568 final, ISSN 0254-1475, Office for Official Publications of the European Communities, ~-2985, Luxembourg.
New priorities for the Information Society The London representation of the European Commissionhas published a background report entitled ‘New Priorities for the Information Society’. It points out that the first policy framework for the EU Information Society was set up in 1994 by the action plan entitled ‘Europe’s Way to tbe Znformation Society’ (COM (94) 347). This proposed regulatory initiative was aimed at bringing together the participants for the creation of networks,
146
Computer Law & Security Report 01997, Elsevier Science Ltd.
basic services and applications for the new technologies, aswell as studies of the social and cultural aspects,and the beginnings of actions to raise public awareness,The report notes that most of these measures are underway or have already been achieved. But, “in the light of technological and other changes, and new issues arising over the last two years, it has become necessaryto reappraise the action plan and propose new priorities”. Four major priorities have emerged for the continued development of the action plan. The Commission views these asbeing of equal importance: improving the conditions for business; investing in the future by research and training; using information technology to benefit peoples’ lives; and reducing the discrepancies between the developed and the developing nations. The priorities build on proposals already published viz: a communication on ‘The Zmplications of the Information Society for European Union Policies Preparing the Next Steps’ (COM (96) 395);
a Green Paper on ‘Living and Working in the Information Se ciety: People First’ (COM (96) 389);
a communication on ‘Standardization in the Information Society: the European Approach’ (COM (96) 359); a proposed Directive on ‘Regula-
tory Transparency in the Internal Market for Information Society Initiatives’ (COM (96) 392). As a first step to addressthese new priorities, the Commissionhasbrought forward a package of measures,and a revision of the action plan wlIl be on the agendaof the European Council at the end of Irish Presidency. The newly formed Information Society Council has alsobeen askedfor its view. Further information from the European Commission, 8 Storey’s Gate, London, SWlP 3AT, UK; tel: +44 (0)171 9731992 or fax: +44 (0)171 9731900.
Vol. 13 no. 2 1997
Electronic Information Services (EIS) in the EEA The European Commission has publisheda report of a study into the supply and demand and infrastructure of the markets of Electronic Information Services for professional purposes in 17 countries of the European economic area (Member States of the European Union plus Norway and Iceland). The European report is financed by the European Commission,under the responsibility of Directorate XIII/E, in the framework of the IMPACT programme - predecessor of the current INFO 2000 programme. Seventeen national studies, carried out by national organizations, were financed on a costshared basis by the national governments/governmental organizations and the Commission. The aims of the study programme are to contribute to a better strategic understanding of the role of ‘lnformation’ in the economy and society; to give national governments and the European Commission a better basis for their policies in this area; and to provide the various European players in the Electronic Information Services markets with a better basis for their decisions in order to advance their global competitiveness. The report came up with a number of findings which are summarized in the report. One of the most obvious problems, and one which could be readily addressed,is simply the lack of awareness of Electronic Information Services. Both less favoured regions and sophisticated markets in the EEA, such as Scandinavia, reported lack of knowledge about EIS. The report suggeststhat the European market for EIS can best be developed by enhancing the use of EIS in schools and in Universities. It also notes that there is still a long way to go before EIS will become the primary and predominant source of information for the various user groupings within the total user population. The three most important external factors for market development are the telecommunication revolution (continuing deregulation, intensification of competition, and reduction of prices - with ever faster transmission rates online); the multimedia revolution (mature technology, diminishing production costs - qualitative breakthroughs - convergence of PC and TV technologies);
CLSR
and growing societal awarenessof the possibilities and the inevitability of electronic services promoted by permanent media coverage. The report - ‘Tbe Electronic Information the European Economic
Markets for Services in Area’ - is
available in electronic form on I’M Europe World Wide Web server at http://www.echo.lu/. The document is located on the INFO 2000 home page under the IMO section. Enquiries should be E-mailed to INFO 2000 at echo.lu.
European CD-ROM
Law issued on
All European Union legislation has been packaged on CD-ROM by Technical Indexes as part of its European Regulatory Library series.The publishers claim that the CD, ‘European Law and CD-ROM’, “is the most complete reference source for European law and includes all EU legislation and treaties, including Directives and regulations”. Included in the product are European Court of Justice casesand references to national implementation measures and proposed legislation. Guidelines from the UK Department of Trade and Industry on the likely impact of legislation are also included, together with proposals and contact points within the DTI to assistwith enquiries. It also contains a thesaurus and glossary, specifically designed to unravel European ‘jargon’. European Law is being introduced at an introductory rate of &1295, a &200 saving on the list price. It includes over 250 000 pages of text, which in its published format would occupy more than 15 metres of shelf space. Updated disks are issued every 60 days. Further information from Monique Nowers, European Regulatory Division, Technical Indexes Limited, tel: +44 (0)1344 426311 or fax: +44 (0)1344 424971, E-mail: [email protected].
Telecommunication Council discusses liberalization of postal services Plans for the liberalization of postal services in the UK made progress at
the December meeting of the Telecommunications Council. Ministers reached political agreement on a common position on the proposed Directive in question, the sole item on the agenda,which envisagesan obligatory universal, high-quality service for everyone throughout the EU at affordable prices. The Directive sets out harmonized criteria for services likely to be limited to the providers of this universal service (to ensure financial viability), with a weight limit of 350 g for domestic post and price limit based on five times the standard letter postage. The Council reached agreement on the following timetable: the Commission will present an analysis of the sector by 31 December 1998; the European Parliament and the Council will have to take decisionsby 1January 2000, based on Commission proposal for gradual and controlled liberalization starting on 1 January 2003. If the Parliament and the Council are unable to come to such a decision before 1 January 2000, the Directive will expire on 31 December 2004. Member States would be free to take or maintain measures that liberalized postal services more fully, if they wished.
Building Society
the Information
A 45 million ECU programme, to improve awareness of information technology and to support demonstration projects, hasbeen proposed by the Commission. Running from 1997 to the end of 2001, it would promote understanding of the opportunities, benefits and possible risks of the Information Society, and identify opportunities for, and barriers to, the use of new technologies, particularly in relation to disadvantagedsocial groups. The programme will include an inventory of international, national and European initiatives.
Other News in Brief Two treaties adopted at WIPO Diplomatic Conference At its recent Diplomatic Conference in Geneva from 2-20 December 1996, the World Intellectual Property Organization (WIPO) reached agreement on
Computer
Briefing
two international treaties, to be known as the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty. Any Member States of WIPO may now accede to those Treaties. According to WIPO: “Both Treaties include provisions which offer responses to the challenges of digital technology, particularly the Internet.” The Treaties provide an exclusive right for authors, performers and producers of phonogramsto authorize the making available of their works, performances or phonograms, respectively, to the public by wire or wireless means. This will enable the public to accessthem from a place and at a time individually chosen by them - languagewhich covers on-demand, interactive transmissionsfrom the Internet. In relation to that right and the rights of communication to the public, in general, the Conference adopted an agreed statement expressing the understanding that the mere provision of physical facilities for enabling or making communication does not itself amount to communication. The Treaties also contain provisions on obligations concerning technological measuresof protection and electronic rights managementinformation, regarded as indispensable for an efficient exercise of rights in a digital environment. The Conference also discussed whether or not specific provisions are needed concerning the application of the right of reproduction concerning some temporary, transient, incidental reproductions, that did not adopt any such provisions. This was because the Conference considered that those issues might be appropriately handled on the basis of the existing intemational norms on the right or reproduction, and the possibleexceptions to it, particulary under Article 9 of the Beme Convention. This latter issuehad been one of the most contentious subjects at the Conference. Despite strenuous efforts by a number of delegations, including the UK, to find a formulation which would have met the concerns of all parties, this proved impossible, leaving deletion as the only option upon which all could agree. Both Treaties recognise a right of distribution to the public of copies. They lead to national legislation to determine the territorial effect of the exhaustion of rights with the first sale
Law & Security Report Vol. 13 no. 2 1997 0 1997, Elsevier Science Ltd.
147
Briefing
Information Society. The need for a comprehensive and coherent initiative at Community level which fully takes into account Single Market and competition aspects will be considered. Moral rights: The Single Market dimension of moral rights gains more shape than before in the traditional environment. At this point, the Commissionproposes to further study market developments in particular to consider whether existing disparities in the legislation constitute significant obstacles for the exploitation of works and related subject matter in the Information Society, which could require a harmonized protection of moral rights acrossthe EU. Chapter
4
7. Any response to the current challenge would be incomplete if not accompanied by adequate protection at international level. Any international agreement should cover, in particular, the nature of the rights to be applied to acts of digital transmission; the scope of the reproduction right and the sti gene& protection of databases. Negotiations currently underway in WIPO should provide the opportunity for reaching international agreement in parallel with the preparation of Community harmonisation. See further: follow-up to the Green Paper on Copyright and Related Rights in the Information Society, COM (96) 568 final, ISSN 0254-1475, Office for Official Publications of the European Communities, ~-2985, Luxembourg.
New priorities for the Information Society The London representation of the European Commissionhas published a background report entitled ‘New Priorities for the Information Society’. It points out that the first policy framework for the EU Information Society was set up in 1994 by the action plan entitled ‘Europe’s Way to tbe Znformation Society’ (COM (94) 347). This proposed regulatory initiative was aimed at bringing together the participants for the creation of networks,
146
Computer Law & Security Report 01997, Elsevier Science Ltd.
basic services and applications for the new technologies, aswell as studies of the social and cultural aspects,and the beginnings of actions to raise public awareness,The report notes that most of these measures are underway or have already been achieved. But, “in the light of technological and other changes, and new issues arising over the last two years, it has become necessaryto reappraise the action plan and propose new priorities”. Four major priorities have emerged for the continued development of the action plan. The Commission views these asbeing of equal importance: improving the conditions for business; investing in the future by research and training; using information technology to benefit peoples’ lives; and reducing the discrepancies between the developed and the developing nations. The priorities build on proposals already published viz: a communication on ‘The Zmplications of the Information Society for European Union Policies Preparing the Next Steps’ (COM (96) 395);
a Green Paper on ‘Living and Working in the Information Se ciety: People First’ (COM (96) 389);
a communication on ‘Standardization in the Information Society: the European Approach’ (COM (96) 359); a proposed Directive on ‘Regula-
tory Transparency in the Internal Market for Information Society Initiatives’ (COM (96) 392). As a first step to addressthese new priorities, the Commissionhasbrought forward a package of measures,and a revision of the action plan wlIl be on the agendaof the European Council at the end of Irish Presidency. The newly formed Information Society Council has alsobeen askedfor its view. Further information from the European Commission, 8 Storey’s Gate, London, SWlP 3AT, UK; tel: +44 (0)171 9731992 or fax: +44 (0)171 9731900.
Vol. 13 no. 2 1997
Electronic Information Services (EIS) in the EEA The European Commission has publisheda report of a study into the supply and demand and infrastructure of the markets of Electronic Information Services for professional purposes in 17 countries of the European economic area (Member States of the European Union plus Norway and Iceland). The European report is financed by the European Commission,under the responsibility of Directorate XIII/E, in the framework of the IMPACT programme - predecessor of the current INFO 2000 programme. Seventeen national studies, carried out by national organizations, were financed on a costshared basis by the national governments/governmental organizations and the Commission. The aims of the study programme are to contribute to a better strategic understanding of the role of ‘lnformation’ in the economy and society; to give national governments and the European Commission a better basis for their policies in this area; and to provide the various European players in the Electronic Information Services markets with a better basis for their decisions in order to advance their global competitiveness. The report came up with a number of findings which are summarized in the report. One of the most obvious problems, and one which could be readily addressed,is simply the lack of awareness of Electronic Information Services. Both less favoured regions and sophisticated markets in the EEA, such as Scandinavia, reported lack of knowledge about EIS. The report suggeststhat the European market for EIS can best be developed by enhancing the use of EIS in schools and in Universities. It also notes that there is still a long way to go before EIS will become the primary and predominant source of information for the various user groupings within the total user population. The three most important external factors for market development are the telecommunication revolution (continuing deregulation, intensification of competition, and reduction of prices - with ever faster transmission rates online); the multimedia revolution (mature technology, diminishing production costs - qualitative breakthroughs - convergence of PC and TV technologies);
CLSR
and growing societal awarenessof the possibilities and the inevitability of electronic services promoted by permanent media coverage. The report - ‘Tbe Electronic Information the European Economic
Markets for Services in Area’ - is
available in electronic form on I’M Europe World Wide Web server at http://www.echo.lu/. The document is located on the INFO 2000 home page under the IMO section. Enquiries should be E-mailed to INFO 2000 at echo.lu.
European CD-ROM
Law issued on
All European Union legislation has been packaged on CD-ROM by Technical Indexes as part of its European Regulatory Library series.The publishers claim that the CD, ‘European Law and CD-ROM’, “is the most complete reference source for European law and includes all EU legislation and treaties, including Directives and regulations”. Included in the product are European Court of Justice casesand references to national implementation measures and proposed legislation. Guidelines from the UK Department of Trade and Industry on the likely impact of legislation are also included, together with proposals and contact points within the DTI to assistwith enquiries. It also contains a thesaurus and glossary, specifically designed to unravel European ‘jargon’. European Law is being introduced at an introductory rate of &1295, a &200 saving on the list price. It includes over 250 000 pages of text, which in its published format would occupy more than 15 metres of shelf space. Updated disks are issued every 60 days. Further information from Monique Nowers, European Regulatory Division, Technical Indexes Limited, tel: +44 (0)1344 426311 or fax: +44 (0)1344 424971, E-mail: [email protected].
Telecommunication Council discusses liberalization of postal services Plans for the liberalization of postal services in the UK made progress at
the December meeting of the Telecommunications Council. Ministers reached political agreement on a common position on the proposed Directive in question, the sole item on the agenda,which envisagesan obligatory universal, high-quality service for everyone throughout the EU at affordable prices. The Directive sets out harmonized criteria for services likely to be limited to the providers of this universal service (to ensure financial viability), with a weight limit of 350 g for domestic post and price limit based on five times the standard letter postage. The Council reached agreement on the following timetable: the Commission will present an analysis of the sector by 31 December 1998; the European Parliament and the Council will have to take decisionsby 1January 2000, based on Commission proposal for gradual and controlled liberalization starting on 1 January 2003. If the Parliament and the Council are unable to come to such a decision before 1 January 2000, the Directive will expire on 31 December 2004. Member States would be free to take or maintain measures that liberalized postal services more fully, if they wished.
Building Society
the Information
A 45 million ECU programme, to improve awareness of information technology and to support demonstration projects, hasbeen proposed by the Commission. Running from 1997 to the end of 2001, it would promote understanding of the opportunities, benefits and possible risks of the Information Society, and identify opportunities for, and barriers to, the use of new technologies, particularly in relation to disadvantagedsocial groups. The programme will include an inventory of international, national and European initiatives.
Other News in Brief Two treaties adopted at WIPO Diplomatic Conference At its recent Diplomatic Conference in Geneva from 2-20 December 1996, the World Intellectual Property Organization (WIPO) reached agreement on
Computer
Briefing
two international treaties, to be known as the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty. Any Member States of WIPO may now accede to those Treaties. According to WIPO: “Both Treaties include provisions which offer responses to the challenges of digital technology, particularly the Internet.” The Treaties provide an exclusive right for authors, performers and producers of phonogramsto authorize the making available of their works, performances or phonograms, respectively, to the public by wire or wireless means. This will enable the public to accessthem from a place and at a time individually chosen by them - languagewhich covers on-demand, interactive transmissionsfrom the Internet. In relation to that right and the rights of communication to the public, in general, the Conference adopted an agreed statement expressing the understanding that the mere provision of physical facilities for enabling or making communication does not itself amount to communication. The Treaties also contain provisions on obligations concerning technological measuresof protection and electronic rights managementinformation, regarded as indispensable for an efficient exercise of rights in a digital environment. The Conference also discussed whether or not specific provisions are needed concerning the application of the right of reproduction concerning some temporary, transient, incidental reproductions, that did not adopt any such provisions. This was because the Conference considered that those issues might be appropriately handled on the basis of the existing intemational norms on the right or reproduction, and the possibleexceptions to it, particulary under Article 9 of the Beme Convention. This latter issuehad been one of the most contentious subjects at the Conference. Despite strenuous efforts by a number of delegations, including the UK, to find a formulation which would have met the concerns of all parties, this proved impossible, leaving deletion as the only option upon which all could agree. Both Treaties recognise a right of distribution to the public of copies. They lead to national legislation to determine the territorial effect of the exhaustion of rights with the first sale
Law & Security Report Vol. 13 no. 2 1997 0 1997, Elsevier Science Ltd.
147