Legal Definitions - Information Society Directive

The Information Society Directive is a significant piece of European Union (EU) legislation that updates copyright law for the digital age. It was introduced by the European Commission to harmonize copyright rules across EU member states and align them with international standards established by the World Intellectual Property Organization (WIPO) Copyright Treaty. Its main purpose is to ensure that creators' rights are effectively protected when their works are used and distributed online.

Key aspects of the Directive include:

• Reproduction Rights: This grants creators the exclusive authority to permit or prohibit the making of copies of their works, whether direct or indirect, temporary or permanent, and in any form or medium. Essentially, it gives creators control over who can duplicate their original content.
• "Making-Available" Right: This provides creators with the exclusive right to authorize or prohibit their works from being made accessible to the public, via wired or wireless means, in such a way that individuals can access them from a location and at a time of their own choosing. This specifically addresses the on-demand availability of copyrighted material online.

Here are some examples illustrating the application of the Information Society Directive:

• Example 1: A Digital E-book Subscription Service

  Imagine a company that offers a monthly subscription allowing users to read a vast library of digital books on their tablets or computers. Under the Information Society Directive, this company must secure licenses from the authors and publishers of these e-books. The act of allowing subscribers to download or stream a digital copy of a book engages the reproduction right, as a copy (even a temporary one) is made on the user's device. Furthermore, making the entire library accessible for on-demand reading falls under the "making-available" right, as users can choose what to read and when. The Directive ensures that creators are compensated for this digital distribution and maintain control over their literary works.

• Example 2: An Online News Archive

  Consider a major newspaper that maintains an extensive online archive, allowing subscribers to search and access articles published over many decades. For older articles that are still under copyright, the Information Society Directive is relevant. The newspaper, by hosting these articles and allowing subscribers to view them on demand, is exercising the "making-available" right. If a subscriber chooses to print or save a digital copy of an article, that action involves the reproduction right. The Directive helps clarify the legal framework for how such digital archives can operate, ensuring that the rights of journalists and photographers whose work is included in the archive are respected.

• Example 3: A Podcast Hosting Platform

  A popular platform hosts thousands of podcasts, some of which include copyrighted music segments or audio clips from films. The Information Society Directive impacts how this platform operates. When a podcaster uploads an episode containing copyrighted material without permission, and the platform then makes that episode accessible to listeners for streaming or download, the platform is engaging the "making-available" right. If listeners download the podcast, that involves the reproduction right. The Directive encourages platforms to implement measures to prevent copyright infringement or to obtain appropriate licenses for the content they host and distribute, ensuring that music artists and film producers retain control over their works.