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European Parliament, 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, Off. J.L. 167, at 10-19 (June 22, 2001) (full-text) ("EU Copyright Directive").
This Directive was enacted to implement the WIPO Copyright Treaty and to harmonize aspects of copyright law across Europe, such as copyright exceptions. The directive was enacted under the internal market provisions of the Treaty of Rome.
|“|| Although the Copyright Directive . . . takes into account some features of digital and online content, its core is not yet sufficiently adapted to the digital reality. The principles of copyright are still too much engrained in the offline world of analogue works, mainly defining copyright from the viewpoint of exclusive author rights. It is questionable whether this can be sustained in the future.
The current legal framework has created a strong protection for rightholders, although this has not prevented the massive infringement of copyright in the online environment. In practice, the current rules impede the distribution of protected works and confront users — both consumers and businesses — with a list of ambiguities and exceptions that do not take into account the daily reality. A fundamental reform of copyright legislation has therefore become necessary.
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