EFFECTIVENESS OF DIRECTIVE 2009/24/EC

Effectiveness of Directive 2009/24/EC

Effectiveness of Directive 2009/24/EC

Council Directive 91/250/EEC of 14 May 1991 on the lawful defence of computer programs is a European Union directive in the area of copyright regulation, made under the interior market provisions of the Treaty of Rome. It needs (Art. 1) that computer programs and any affiliated conceive material be defended under copyright as scholarly works inside the sense of the Berne Convention for the Protection of Literary and Artistic Works.

The Directive furthermore characterises the copyright defence to be directed to computer programs: the proprietor of the copyright has the exclusive right to authorize (Art 4):

the provisional or enduring making a duplicate of the program, encompassing any making a duplicate which may be essential to burden, outlook or run the program;

the transformation, adaptation or other alteration to the program;

The circulation of the program to the public by any entails, encompassing rental, subject to the first-sale doctrine.

 

However, these privileges are subject to certain limitations. The lawful proprietor of a program is presumed to have a permit to conceive any exact replicates essential to use the program and to adjust the program inside its proposed reason (e.g. for mistake correction). The lawful may furthermore make a back-up exact duplicate for his or her individual use. The program may furthermore be decompiled if this is essential to double-check its functions with another program or apparatus (Art. 6), but the outcomes of the decompilation may not be utilised for any other reason without infringing the copyright in the program.

The notion of 'fair compensation' in Article 5(2)(b) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonization of certain facets of copyright and associated privileges in the data humanity is an autonomous Community regulation notion which should be understood consistently in all the Member ...