Will the UK implement the Copyright Directive in time?

The Directive “on the harmonisation of certain aspects of copyright and related rights in the information society” sets out new rules on the protection of anti-copying technologies and digital rights management, controversially echoing some provisions of the much-criticised Digital Millennium Copyright Act in the US.

Critics of the European legislation argue that it wrongly protects a technical protection measure even if it contains other restrictions in addition to preventing copyright infringement. They say this means that technical measures that enforce DVD region locks are protected by law.

The Directive also sets out rules on exclusive rights of reproduction, communication and distribution of works protected by copyright.

The UK Patent Office first said it would issue draft regulations in early 2002; it then predicted spring 2002. It has now asked for “a little more time”. The following apology appears on its site:

"An earlier notice (26 November 2001) indicated our aim was to begin public consultation this spring on draft implementing regulations. However, it has recently become clear that this target cannot now be met. Although the essential work of analysing the impact of the Copyright Directive on UK law and of drafting necessary amendments to the law is well advanced, we will need a little more time before we can present the results of this work to interested parties.

"We very much regret this unavoidable delay, and would assure all concerned that we are doing all we can in order to commence public consultation as soon as possible."

When the regulations are published, they are expected to be subject to a three month period of public consultation before being amended as necessary and adopted by Parliament.

The text of the Directive