Action against UK for failure to implement Copyright Directive

The upgrade in national copyright law should have completed by 22nd December last year; but only Greece and Denmark met the deadline. Italy and Austria implemented the Directive in April and June 2003 respectively. All other Member States are still in the course of implementation and have stated that they will implement the Directive during 2003.

While Germany has said that it expects to implement the necessary law this month, the UK has been more ambiguous.

For several months, the UK's Copyright Directorate of the Patent Office said that implementation would be "late spring" 2003. But the latest notice from the Directorate acknowledges that "it has now become clear that this latest target cannot be met." It adds that the necessary legislation will be produced for laying before Parliament "as soon as possible".

The Commission has decided not to wait and see. It is sending "reasoned opinions" to the UK, Belgium, Germany, Spain, France, Ireland, Luxembourg, the Netherlands, Portugal, Finland and Sweden. The Commission says that in doing so it is "fulfilling its role as guardian of the Treaties".

"Reasoned opinions" are the second stage under the EC Treaty's formal infringement procedures. Should a Member State which has received a reasoned opinion fail to give a satisfactory reply within the deadline (usually two months), the Commission may refer the matter to the European Court of Justice.

To "ensure that European citizens and businesses get the benefit of the Directive as soon as possible," the Commission "will pursue infringement procedures until all Member States have written the Directive into national law."

The Copyright Directive is the European Union's attempt to update copyright protection to keep pace with technology. It harmonises the principal rights of authors and certain other rightholders and provides for certain exceptions to copyright and the protection of anti-circumvention measures and rights management information.

Moreover, it is the means by which the European Union and its Member States implement the two 1996 World Intellectual Property Organisation (WIPO) "Internet Treaties", the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty, which have adapted copyright protection to digital technology. This, says the Commission, makes implementation all the more urgent.

The Commission also announced yesterday that it is taking action against Member States for failure to implement or for implementing incorrectly a Directive on the exchange of securities markets information and Directives that affect competition among postal services.