Answers to copyright questions

Answers to copyright questionnaire from:
Austria, Belgium, Canada, China, Finland, France, Germany, Hungary, Italy, Japan, Lithuania, Netherlands, Poland, Spain, United Kingdom and Ireland, United States.

Austria / Österreich

A. On copyright legislation and guidelines

1. What are the most important pieces of copyright legislation in your country?
Urheberrechtsgesetz BGBl 111/1936 idgF updated to 2006.

2. Is this legislation supplemented by case law (ie law interpreted and defined by the courts)?
Yes, see Internet & Recht.

3. (For EU countries). Has the EU copyright harmonisation Directive 2001/29/EC already been implemented in your country?
Yes, since Informations-Richtlinie 2001/29/EG des Europäischen Parlament und des Rates vom 22.5.2001 through the UrhG Novelle 2003.

4. Has your country already implemented legislation covering copyright issue in the digital environment?
Yes, the UrhG Novelle 2003 includes Internet content.

5. Are there any copyright licensing schemes or written agreements involving libraries that cover music in your country?
Libraries are mentioned, subsumed under "publicly accessible institutions collecting work pieces", in several passages of the Urheberrechtsgesetz. Furthermore, there are individual contracts between libraries and related institutions on one side and the official collecting societies on the other, covering the amount of royalties to be paid by the former for the use of copyright protected material on their premises.

6. Has any library body within your country produced guidelines which cover copyright of music?
IAML Austria produced a summary covering the matters of an informative meeting on copyright issues held on April 20th, 2004.

B. On the content of copyright rules applied to libraries

8. How long is the term of protection for copyrights related to music in your country?
Urheberrecht (incl. exploitation rights): from the first publication of a work during the author's lifetime until 70 years from the end of the author's year of death. The author's sole right of distribution applies even before a work's publication.
For works first published posthumously: 25 years from first publication.
Leistungsschutz (e. g. for sound recordings): 50 years from the end of the year of production.

9. Please describe the terms under which copyright protected materials may be copied in libraries, covering printed music, books, journals, sound recordings, videos, digital environment.
Printed music, books, journals, sound recording, videos: Only with copyright holder permission.
Exceptions: Printed music, books, journals. Items out of print may be copied for personal use. For libraries, backup copies are permitted if they do not augment the inventory. Scholarly editions of music works from the public domain are not copyright protected. Copying by hand of any item is permissible.
Sound recordings, videos: Single copies for any natural person's private (non-commercial) use, for internal tutorial use, and for internal use in archives, libraries etc. Renditions in libraries are seen as public performances and allowed only for non-commercial purposes and for a maximum of two visitors at a time; the copyright holder has a right of financial reimbursement. Digital environment: No distinction between analogue and digital material.

10. In some countries, copyright legislation also covers lending. If this is true of your country, please explain the terms of any restrictions
Vermieten (with payment) / Verleihen (without payment).

11. Does the law in your country permit libraries to make copies of copyright protected materials for prescribed purposes?
See answers to question 9.

C. On subjects involved in copyright issues.

12. Please identify any relevant professional associations or licensing agencies which represent rights-holders in the field of music.
AKM - Staatlich genehmigte Gesellschaft der Autoren, Komponisten und Musikverleger. It is concerned with the easement of public performance, provision and broadcasting of copyright protected works of music.
AUME - Austro Mechana, deals with the easement of mechanical reproduction and distribution of such works.

13. Are there any associations which represent users in your country?
IAML Austria has taken preliminary steps representing users.

14. Do you have any experience, or know of any conflict between libraries and music rights-holders in your country?
No.

D. Finally

15. What are the most important problems that you would like to resolve as regards music copyright in your country?
The balance between rightsholders and users has shifted dramatically in favour of the former, endangering the human right of freely participating in cultural life of the community for the less affluent stratum.

16. When you have a copyright problem, from whom do you obtain expert advice?
Advice is asked to experts working at Universal Edition and to Karl-Franzens-Universität Graz.

Belgium / België / Belgique

A. On copyright legislation and guidelines

1. What are the most important pieces of copyright legislation in your country?
Copyright law dd. 30 June 1994, adapted 3 April 1995 (also adapted dd. 22 May 2005 following the European directive).
Royal Decree dd. 12 April 1999, adapted 3 September 2000 and 8 November 2001, with regulations for restaurants and dancings, for shops and galleries, for hairdressers and stylists.
Royal Decree dd. 13 December 1999, adapted 13 November 2000 and 8 November 2001, with regulations for cinemas and festivals, for other commercial activities.
Royal Decree dd. 8 November 2001, with regulations for youth and cultural centres.
Royal Decree dd. 9 March 2003 with regulations for radio broadcasting.

2. Is this legislation supplemented by case law (ie law interpreted and defined by the courts)?
Lawsuits play are giving some concrete interpretation to the copyright law.

3. (For EU countries). Has the EU copyright harmonisation Directive 2001/29/EC already been implemented in your country?
Yes, see Law dd. 22 May 2005 (text in Dutch and French).

4. Has your country already implemented legislation covering copyright issue in the digital environment?
Partly. The law dd. 22 May 2005 still needs supplements. See the "Database law" dd. 31 August 1998.

5. Are there any copyright licensing schemes or written agreements involving libraries that cover music in your country?
SEMU, Société des Editeurs de Musique / Muziekuitgevers, for music editors is very active in making contracts with music education institutions, but in the landscape of libraries is this a minority.

6. Has any library body within your country produced guidelines which cover copyright of music?
Not at all. The general copyright guidelines are often used for music too.

B. On the content of copyright rules applied to libraries

8. How long is the term of protection for copyrights related to music in your country?
EU standard: 70 years from the author's death; 50 years for neighbouring rights.

9. Please describe the terms under which copyright protected materials may be copied in libraries, covering printed music, books, journals, sound recordings, videos, digital environment.
For all material : Not allowed to copy. Exception for smaller parts only for personal use, education or research and in case of permission by the copyright holder(s). But beneath the "official" rule supported by the several copyright organisations, there is also an unclear area, as it often is shown in the lawsuits on copyright.

10. In some countries, copyright legislation also covers lending. If this is true of your country, please explain the terms of any restrictions
There are no restrictions for lending material, except for the online delivery of an electronic document as this is considered as a form of reproduction.

11. Does the law in your country permit libraries to make copies of copyright protected materials for prescribed purposes?
Making of reproductions by the library seems to be allowed for conservation purposes. Discussion is still going on.

C. On subjects involved in copyright issues.

12. Please identify any relevant professional associations or licensing agencies which represent rights-holders in the field of music.
SABAM - Society of Authors and Composers.
SEMU - Société des Editeurs de Musique / Muziekuitgevers
AUVIBEL - Collective rights management company for the private copying of sound and audiovisual works.

13. Are there any associations which represent users in your country?
VVBAD - Flemish Association of Libraries and Archives.

14. Do you have any experience, or know of any conflict between libraries and music rights-holders in your country?
Not with the rightholders directly, only with the organisation representing the rightholders.

D. Finally

15. What are the most important problems that you would like to resolve as regards music copyright in your country?
To obtain a more clear and surveyable situation. If possible, to leave the actual schizophrenic situation with strong laws on one side and an incredible illegal reproduction practice on the other.
The right to reproduce a musical work for pedagogical or research purposes.
An easier and public friendly way to get the permission to reproduce any document that is no longer available in commerce.

16. When you have a copyright problem, from whom do you obtain expert advice?
Copyright experts are very scarce, and if they exist, they are very expensive. Several institutions have a legal department, but copyright issues are not their priority. First aid is mostly given by colleagues, the library association VVBAD and the Internet.

Canada

A. On copyright legislation and guidelines

1. What are the most important pieces of copyright legislation in your country?
Copyright Act ( R.S., 1985, c. C-42 ) to be ameded by Bill C-61 — An Act to amend the Copyright Act proposed on June 12, 2008

2. Is this legislation supplemented by case law (ie law interpreted and defined by the courts)?
There are many cases interpreting the Canadian Copyright Act. In 2004 the Supreme Court of Canada handed down a landmark decision (2004 SCC 13) on the interpretation of “fair dealing” which greatly expanded the right of users to copy material without permission or payment to the copyright owner.

4. Has your country already implemented legislation covering copyright issue in the digital environment?
The Copyright Act will be implemented by the Bill C-61 — An Act to amend the Copyright Act proposed on June 12, 2008.

5. Are there any copyright licensing schemes or written agreements involving libraries that cover music in your country?
There are a number of copyright collectives operating in Canada licensing the use of music. These include the Society of Composers, Authors and Music Publishers of Canada (SOCAN) which licences the public performance of music and the Canadian Mechanical Reproduction Rights Agency (CMRRA) which licences the reproduction of music. The The Societé du droit de reproduction des auteurs, compositeurs et éditeurs au Canada (SODRAC) and the Association québécoise de l'industrie du disque, du spectacle et de la vidéo (ADISQ) are Quebec counterparts.

6. Has any library body within your country produced guidelines which cover copyright of music?
Many libraries have developed copyright policies that provide guidelines for the use of all kinds of copyright material, including music.

B. On the content of copyright rules applied to libraries

8. How long is the term of protection for copyrights related to music in your country?
The end of the calendar year in which the author of the musical work dies, plus 50 additional years.

9. Please describe the terms under which copyright protected materials may be copied in libraries, covering printed music, books, journals, sound recordings, videos, digital environment.
Printed music, books, journals, sound recordings, videos, digital Copying permitted with owner’s permission.
Exceptions: Printed music, sound recordings, videos: None. Books: Limited copying under fair dealing is permitted; Journals: Making a single copy for research and private study is permitted without permission or payment; Digital: None, but the law is being amended to address digital technology.

10. In some countries, copyright legislation also covers lending. If this is true of your country, please explain the terms of any restrictions
Lending is not covered by copyright legislation.

11. Does the law in your country permit libraries to make copies of copyright protected materials for prescribed purposes?
The Canadian Copyright Act (29 – 30) contains exceptions that permit a library to copy: - works protected by copyright for maintenance and management of collections; - scientific , technical and scholarly journals for research and private study; - newspapers and other periodicals that are more than one year old for research and private study; - under fair dealing for research, private study, criticism, review and news reporting.

C. On subjects involved in copyright issues.

12. Please identify any relevant professional associations or licensing agencies which represent rights-holders in the field of music.
SOCAN - Society of Composers, Authors and Music Publishers of Canada ; CMRRA - Canadian Mechanical Reproduction Rights Agency SODRAC - Societé du droit de reproduction des auteurs, compositeurs et éditeurs au Canada; Their Quebec counterparts are ADISQ.

13. Are there any associations which represent users in your country?
None.

14. Do you have any experience, or know of any conflict between libraries and music rights-holders in your country?
Licensing use of music on websites has been difficult.

D. Finally

15. What are the most important problems that you would like to resolve as regards music copyright in your country?
There are two main problems: the first is downloading of music from the Internet using peer-to-peer file exchange technology; and the second is the difficulty in getting permission from copyright owners to post music on the Internet.

16. When you have a copyright problem, from whom do you obtain expert advice?
Colleagues and legal advisors.

China / 中国

A. On copyright legislation and guidelines

1. What are the most important pieces of copyright legislation in your country?
Copyright Law of the People's Republic of China, on September 7, 1990 ; Implementing Regulations of the Copyright Law of the People's Republic of China, May 24, 1991; Regulations on Computer Software Protection, June 4, 1991; International Copyright Treaties Implementing Rule, September 25, 1992.

2. Is this legislation supplemented by case law (ie law interpreted and defined by the courts)?
Yes.

4. Has your country already implemented legislation covering copyright issue in the digital environment?
Yes.

5. Are there any copyright licensing schemes or written agreements involving libraries that cover music in your country?
No.

B. On the content of copyright rules applied to libraries

8. How long is the term of protection for copyrights related to music in your country?
The whole life of the author and fifty years after author passes away.

11. Does the law in your country permit libraries to make copies of copyright protected materials for prescribed purposes?
Libraries can make copies of copyright protected materials which they collect for preservation edition or display.

C. On subjects involved in copyright issues.

12. Please identify any relevant professional associations or licensing agencies which represent rights-holders in the field of music.
MCSC - The Music Copyright Society of China, which aims are to maintain a repertoire of Chinese musical works; to administer a pool of music copyrights; to grant licenses for use of musical works; to collect fees for use of musical works; to distribute the fees among owners of music copyright.

13. Are there any associations which represent users in your country?
There are associations within the entertainment industry which deal with the using of music work, as the China Audio and Video Association and the China Hotel & Lodging Association.

14. Do you have any experience, or know of any conflict between libraries and music rights-holders in your country?
No.

D. Finally

15. What are the most important problems that you would like to resolve as regards music copyright in your country?
To propagandize for "Copyright Law of the People's Republic of China", in order to attract people's attention about the need to use copyright law and other regulations related to it.

16. When you have a copyright problem, from whom do you obtain expert advice?
China Copyright Administration Bureau.

Finland / Suomi

A. On copyright legislation and guidelines

1. What are the most important pieces of copyright legislation in your country?
The Copyright Act, law number 404/1961 altered numerous times, recently by law 821/2005. Law 1228/2006 implements EU directive 92/100 on lending right.
The Act on deposit and preservation of Cultural Material 1443/2007 into force on January, 1st, 2008, introduced main change in legal deposit.

2. Is this legislation supplemented by case law (ie law interpreted and defined by the courts)?
Not in Finland.

3. (For EU countries). Has the EU copyright harmonisation Directive 2001/29/EC already been implemented in your country?
The EU directive has been adopted with the law 821/2005, in force from the first January 2006, subsequently updated in 2007.

4. Has your country already implemented legislation covering copyright issue in the digital environment?
There are no specific acts about 'digital environment' in the Finnish Copyright Act. The term 'digital' will be mentioned in background text only. Digital environment is included in the law on legal deposit, the Act on deposit and preservation of Cultural Material, n. 1443/2007.

5. Are there any copyright licensing schemes or written agreements involving libraries that cover music in your country?
All public libraries in Finland have agreed with TEOSTO (composers) and GRAMEX (performers) for public presentations of music (e.g. listening to music in library premises). These licenses are annual and the agreeing partner is the city or other municipality, not the library.

6. Has any library body within your country produced guidelines which cover copyright of music?
The Finnish IAML Branch has published a guide book about copyright and libraries (written by Heikki Poroila, 2. ed. out of print, also in electronic format). It covers all aspects of copyright in library environment, not just music.

7. Have any rights-holders in your country produced a Code of Fair Practice or guidelines covering music materials setting out their interpretation of the copyright law and what acts they will permit?
The Finnish Copyright Act does not contain any 'Fair Practice' kind of paragraphs, nor have the right-holders ever produced anything like that. The Finnish practice is based on quite reasonable exceptions of copyright (e.g. copying for private use).

B. On the content of copyright rules applied to libraries

8. How long is the term of protection for copyrights related to music in your country?
EU standard: 70 years from the death of the author. For performers and record companies: 50 years from the publication of the record.

9. Please describe the terms under which copyright protected materials may be copied in libraries, covering printed music, books, journals, sound recordings, videos, digital environment.
Academic libraries and Regional public libraries plus some others libraries have some rights to make copies with reprographic means (photocopying, microfiche). The new legislation allows these few libraries to make copies for internal needs (e.g. preservation) with any technique. The National Library (Helsinki University Library) is allowed more: storing web pages, making copies of any unavailable documents.
Exceptions: Copying for private use is allowed, but computer software and data bases in digital format are excluded. Library customers may ask the library do the copying for themselves, if there is no protected music or movies involved.

10. In some countries, copyright legislation also covers lending. If this is true of your country, please explain the terms of any restrictions
Printed music, books, journals, sound recordings: Since law 1228/2006, implementing EU directive 92/100, into force since 2007, lending is allowed without compensation for the authors only if the lending organization is a scientific or teaching library. Allowed with remuneration for public libraries: it is still open, how the compensation will be paid (e.g. according to the lending figures or something else).
Videos: A permission for lending is required. Lending must be free of charge. Libraries have to pay copyright fees, sometimes 500% of the price of the cassette itself. Fees are not in the legislation though.

11. Does the law in your country permit libraries to make copies of copyright protected materials for prescribed purposes?
See answer to question 9.

C. On subjects involved in copyright issues.

12. Please identify any relevant professional associations or licensing agencies which represent rights-holders in the field of music.
TEOSTO - Finnish Composers' Copyright Society for composers, lyricists and publishing companies.
GRAMEX - for performers and record companies.
KOPIOSTO - for photocopying, cinematic works.

13. Are there any associations which represent users in your country?
Not in the field of copyright. The Finnish libraries have a national board for copyright issues. Libraries have more or less taken the role of the customer organisations.

14. Do you have any experience, or know of any conflict between libraries and music rights-holders in your country?
Conflicts in Finnish library environment are very rare: incident between libraries and music right-holders are not known. But they argued in public several times, as in panel discussions or on pages of magazines. A couple of years ago the Finnish IAML Branch and TEOSTO had fruitful cooperation, but all this has stopped since the EU Directive was sent to national implementation. In fact there are no real topics for a conflict on national level.

D. Finally

15. What are the most important problems that you would like to resolve as regards music copyright in your country?
All the libraries open for public should be allowed to make a safety copy of any document, also of a sound recording, that is no longer available commercially. This is not possible now or in the future according to the text of the new Copyright Act. This is a fair and harmless request, but especially Gramex disagreed on this kind of proposals. Libraries don't want a complex system for totally non-commercial and harmless acts.

16. When you have a copyright problem, from whom do you obtain expert advice?
There are very few experts, which are not working for rights-holder organizations. There are a couple of lawyers in bigger cities, that dare to say something about copyright. Usually we ask from ourselves.

17. Any other relevant information about music copyright.
The new law on legal deposit, the Act on deposit and preservation of Cultural Material 1443/2007 introduced a main change. It allows the National Library (formerly Helsinki University Library) to collect the Finnish net material as well and allow access to it. At the same time a national audiovisual archive (KAVA) was established and for the first time in our history also radio and television programs will be covered by legal deposit legislation.

France

A. On copyright legislation and guidelines

1. What are the most important pieces of copyright legislation in your country?
Loi 57-298 - 1957/03/11 Loi sur la propriété littéraire et artistique.
Loi 85-660 - 1985/07/03 Loi relative aux droits d'auteur et aux droits des artistes interprètes.
Code de la propriété intellectuelle (CPI), institué par la loi du 1er juillet 1992.
Le code du patrimoine (articles L131-1 à L133-1) est entré en vigueur le 20 février 2004. Il remplace la loi n 92-546 du 20 juin 1992 relative au dépôt légal.

2. Is this legislation supplemented by case law (ie law interpreted and defined by the courts)?
No.

3. (For EU countries). Has the EU copyright harmonisation Directive 2001/29/EC already been implemented in your country?
French Copyright Bill: Draft law adopted by the government on the 12th November 2003, examined by the Assemblée nationale just before Christmas 2005, adopted on the 21st March 2006 and transferred to the Senate for a first and last examination.

4. Has your country already implemented legislation covering copyright issue in the digital environment?
Les lois sur la protection juridique des bases de données: 18 décembre 1996 et 1er juillet 1998.
Les députés ont voté le 21 mars 2006 en première lecture une version du projet de loi de l'interassociation DADVSI qui autorise «les actes de reproduction spécifiques effectués par des bibliothèques accessibles au public, des musées ou par des archives, qui ne recherchent aucun avantage commercial ou économique direct ou indirect» ainsi qu'une exception pour des reproductions destinées aux personnes handicapées qui mentionne explicitement «tous les établissements ouverts au public tels que bibliothèques, archives, centres de documentation et espaces culturels multimédia».
Pour répondre aux missions de nos établissements, il est nécessaire que ce dispositif soit complété par la possibilité de transférer des documents sur de nouveaux supports malgré d'éventuelles mesures de protection et de communiquer les documents numérisés. L'interassociation DADVSI continue à se mobiliser dans la perspective de l'examen du projet de loi par le Sénat.

5. Are there any copyright licensing schemes or written agreements involving libraries that cover music in your country?
La SEAM, Société des éditeurs et auteurs de musique, a été agrée par le Ministère de la Culture, gère le droit de copie des partitions musicales. Elle représente l'ensemble des éditeurs de musique imprimée, y compris ceux qui ne sont pas membres de cette société (see details in question 9).

6. Has any library body within your country produced guidelines which cover copyright of music?
No.

B. On the content of copyright rules applied to libraries

8. How long is the term of protection for copyrights related to music in your country?
70 ans droits d'auteur; 50 droits voisins.

9. Please describe the terms under which copyright protected materials may be copied in libraries, covering printed music, books, journals, sound recordings, videos, digital environment.
Printed music: Concernant le droit de reproduction par reprographie, il existe actuellement deux tarifications:
1. Convention signée le 17 mars 2004 entre le Ministère de la jeunesse, de l'éducation nationale et de la recherche (MJENR), le Centre français d'exploitation du droit de copie (CFC) et la Société des éditeurs et auteurs de musique (SEAM) qui régit les conditions d'utilisation des photocopies dans les établissements d'enseignement secondaires publics et privés sous contrat. 2 tranche. Tranche basse de 1 à 100 copies pour 1,50 € H.T. par élève et par an. Tranche haute de 101 à 180 copies pour 2,07 € H.T. par élève et par an.
2. Convention signée en 1988 entre la SEAM et les écoles de musique et conservatoires: 5 tranches. Tranche 1.: de 1 à 10 pages par élève et par an pour 3,43 € par élève et par an - Tranche 5.: de 26 à 30 pages par élève et par an pour 5,72 € H.T. par élève et par an.
Exceptions. Books: Convention entre le CFC et le MJENR. Sound recordings and Videos: not allowed. Digital: Limited to works preserved in libraries collections free from licences or other legal limits to access.

10. In some countries, copyright legislation also covers lending. If this is true of your country, please explain the terms of any restrictions
Printed music, books: Il existe une autre loi qui couvre le droit de prêt pour les livres, la partition musicale étant définie comme un livre au regard de la loi (définition fiscale, TVA réduite à 5,5 %). - La loi n. 2003-517 du 18 juin 2003 relative à la rémunération au titre du prêt en bibliothèque et renforçant la protection sociale des auteurs, adoptée à l'unanimité par le Parlement le 10 juin 2003 (à compter du 1er août 2003).

11. Does the law in your country permit libraries to make copies of copyright protected materials for prescribed purposes?
See answers to question 9.

C. On subjects involved in copyright issues.

12. Please identify any relevant professional associations or licensing agencies which represent rights-holders in the field of music.
ADAMI - Société gérant les droits voisins des artistes interprètes. APP - Agence pour la Protection des Programmes.
Association Protection des ayant-droit 41 rue des Archives, 75004, Paris. INPI - Institut National de la Propriété Industrielle. SACEM - Société des auteurs et compositeurs de musique. SCAM - Société Civile des Auteurs Multimédia. SDRM. - Société pour l'administration du Droit de Reproduction Mécanique. SEAM - Société des Editeurs et Auteurs de Musique, 175 rue St Honoré, 75001 Paris. SESAM - Société du droit d'auteur dans l'univers multimédia.
SIPLACDA - Syndicat International pour la Protection Littéraire et Artistique, le Copyright et la Défense des Droits des Artistes, 4, rue des Boulets, 75011 Paris. Tel: 06 12 83 28 67. SPEDIDAM - Société de Perception et de Distribution des Droits des Artistes interprètes de la Musique et de la Danse. SPPF - Société civile de perception et répartition des droits des producteurs de phonogrammes et/ou vidéogrammes. SPRE - Société civile pour la Perception de la Rémunération Equitable de la communication au public des phonogrammes du commerce. Syndicat International pour la Protection Littéraire et Artistique. Dépôt et protection oeuvres tous domaines, conseils, assistance juridique, dépôt marques et noms d'artistes, 5 rue Saint Honoré, 75001 Paris. UNAC - Union Nationale des Auteurs et Compositeurs. Pour la protection et la défense des droits des auteurs et compositeur.

13. Are there any associations which represent users in your country?
L'Interassociation Archives-Bibliothèques-Documentation (DADVSI) a été créée à l'occasion du projet de loi relatif aux droits d'auteurs et droits voisins dans la société de l'information. Elle réunit 12 associations professionnelles:
AAF - Association des archivistes de France. ABF - Association des bibliothécaires français. ACB - Association des conservateurs de bibliothèques. ADBDP - Association des directeurs de bibliothèques départementales de prêt. ADBGV - Association des directeurs des bibliothèques municipales et intercommunales de grandes villes. ADBU - Association des directeurs et personnels de direction des bibliothèques universitaires. ADBS - Association des professionnels de l'information et de la documentation. APRONET- Association des professionnels de l'Internet des collectivités publiques locales. ADDNB - Association pour la diffusion des documents numériques en bibliothèques. Groupe français de l'AIBM - Association internationale des bibliothèques, archives et centres de documentation musicaux. FFCB - Fédaration française pour la coopération des bibliothèques, des métiers du livre et de la documentation.

14. Do you have any experience, or know of any conflict between libraries and music rights-holders in your country?
La loi sur le droit de prêt a résolu bon nombre de problèmes. En ce qui concerne la convention SEAM Ecoles de musique, bon nombre d'institutions, écoles de musique ou conservatoires, contestent le bien fondé de cette convention spécifique.

D. Finally

15. What are the most important problems that you would like to resolve as regards music copyright in your country?
Il faudrait que l'accord avec le Ministère de l'éducation nationale, la SEAM et le CFC soit étendu aux établissements d'enseignement dépendants d'autres ministères.

16. When you have a copyright problem, from whom do you obtain expert advice?
1) Interassociation Archives-Bibliothèques-Documentation. 2) Ministère de la culture et de la communication. 3) Le droit d'auteur et les bibliothèques / sous la direction d'Yves Alix avec la collaboration d'Emmanuel Pierrat. - Editions du Cercle de la librairie, 2000.

Germany / Deutschland

A. On copyright legislation and guidelines

1. What are the most important pieces of copyright legislation in your country?
a) The Copyright Law [Urheberrechtsgesetz = UrhG, 09.09.1965], most recent updated by Zweites Gesetz zur Regelung des Urheberrechts in der Informationsgesellschaft, 26.10.2007, explained in Neues Urheberrecht tritt zum 1. Januar 2008 in Kraft.
b) The law regarding collecting societies [Urheberrechtswahrnehmungsgesetz].
Other useful references in the web: Urheberrechtsgesetz; Urheberrechtswahrnehmungsgesetz.

2. Is this legislation supplemented by case law (ie law interpreted and defined by the courts)?
Case law does not exist in continental Europe, which differs from the anglo-american system. However, court decisions - especially those of the highest German Civil Law Court [Bundesgerichtshof] - do play an important role in interpreting the Urheberrechtsgesetz.

3. (For EU countries). Has the EU copyright harmonisation Directive 2001/29/EC already been implemented in your country?
Yes, see Gesetz zur Regelung des Urheberrechts in der Informationsgesellschaft, September 13, 2003 and Zweites Gesetz zur Regelung des Urheberrechts in der Informationsgesellschaft, 26.10.2007.

4. Has your country already implemented legislation covering copyright issue in the digital environment?
Partly, this has been done by the Gesetz zur Regelung des Urheberrechts in der Informationsgesellschaft, September 13, 2003, then with Zweites Gesetz zur Regelung des Urheberrechts in der Informationsgesellschaft, 26.10.2007.

5. Are there any copyright licensing schemes or written agreements involving libraries that cover music in your country?
The use of copyright protected works in libraries is generally subject to statutory licenses such as Lending right. See §§ 17, 27 Urheberrechtsgesetz [UrhG].

6. Has any library body within your country produced guidelines which cover copyright of music?
No.

B. On the content of copyright rules applied to libraries

8. How long is the term of protection for copyrights related to music in your country?
70 years post mortem auctoris. See § 64 Urheberrechtsgesetz [UrhG].

9. Please describe the terms under which copyright protected materials may be copied in libraries, covering printed music, books, journals, sound recordings, videos, digital environment.
Printed music: No copying allowed. See § 53 Abs. 4a [UrhG]. Exceptions: Copying by handwriting. Copying of works out of print for private purposes. For own scientific purposes of the user.
Books, journals, sound recordings, videos: Single copies allowed for private or scientific purposes [see § 53 Abs. 1, 2 UrhG.], subject to annual royalty payments to a collecting society. No exceptions. Digital: difference is made between analogue and digital copying.

10. In some countries, copyright legislation also covers lending. If this is true of your country, please explain the terms of any restrictions
Printed music, books, journals, sound recordings, videos: Loan is allowed on payment only for libraries open to the public (i. e. libraries of private companies are excluded). Payment didn't mean fees for the patrons of the libraries (these fees are also possible, but not always reality) but fees for the libraries which have to pay to the GEMA, VG Wort and VG Musikedition.

11. Does the law in your country permit libraries to make copies of copyright protected materials for prescribed purposes?
Making of and delivery of paper copies for private or scientific users or companies is generally allowed with the exception of copies of printed music, see above. Making of digital copies is not allowed for commercial purposes. Digital Delivery is subject to individual licensing if publisher offers a digital version of the work under reasonable conditions.

C. On subjects involved in copyright issues.

12. Please identify any relevant professional associations or licensing agencies which represent rights-holders in the field of music.
GEMA - Gesellschaft zur Wahrnehmung musikalischer Aufführungsrechte is the collecting society for composers.
GVL - Gesellschaft zur Verwertung von Leistungsschutzrechten is the collecting society for artists and sound phono industry.
VG Musikedition is the collecting society for editors and publishers of scientific editions of musical works.

13. Are there any associations which represent users in your country?
No, partly, consumer interest associations do take care of copyright issues.

14. Do you have any experience, or know of any conflict between libraries and music rights-holders in your country?
No.

D. Finally

16. When you have a copyright problem, from whom do you obtain expert advice?
Lawyer of library association, lawyers from publishing houses (on a "private" basis).

Hungary / Magyarország

A. On copyright legislation and guidelines

1. What are the most important pieces of copyright legislation in your country?
Law no. LXXVI of 1999 on Copyright [in Hungarian, in English] modified by Law no. XLVIII of 2001; Law no. LXVII of 2001; Law no. CII of 2003, effective from May 1, 2004; Law no. CXXV of 2003; Law no. LXIX of 2004, effective from July 10, 2004. See also Hungarian patent office. Copyright.

2. Is this legislation supplemented by case law (ie law interpreted and defined by the courts)?
No, it is not.

3. (For EU countries). Has the EU copyright harmonisation Directive 2001/29/EC already been implemented in your country?
Yes, it has. See Law no. LXXVI of 1999 on Copyright modified by Law no. XLVIII of 2001; Law no. LXVII of 2001; Law no. CII of 2003, effective from May 1, 2004; Law no. CXXV of 2003; and Law no. LXIX of 2004, effective from July 10, 2004.

4. Has your country already implemented legislation covering copyright issue in the digital environment?
Yes, it has. See Law no. LXXVI of 1999 on Copyright modified by Law no. XLVIII of 2001; Law no. LXVII of 2001; Law no. CII of 2003 [effective from May 1, 2004]; Law no. CXXV of 2003; and Law no. LXIX of 2004, effective from July 10, 2004.
Communication and access through terminals in public access libraries, teaching institutions, museum and archives is free for individuals for research or private study purposes on closed-circuit networks.

5. Are there any copyright licensing schemes or written agreements involving libraries that cover music in your country?
ARTISJUS, the Hungarian Bureau for the Protection of Authors Rights, produced a scale of fees and defined the permissions for photocopying.

6. Has any library body within your country produced guidelines which cover copyright of music?
No.

7. Have any rights-holders in your country produced a Code of Fair Practice or guidelines covering music materials setting out their interpretation of the copyright law and what acts they will permit?
ARTISJUS, the Hungarian Bureau for the Protection of Authors Rights, produced a scale of fees and defined the permissions for photocopying.

B. On the content of copyright rules applied to libraries

8. How long is the term of protection for copyrights related to music in your country?
70 years [Copyright law , § 31]. For sound recordings only: 50 years [Copyright law, § 84].

9. Please describe the terms under which copyright protected materials may be copied in libraries, covering printed music, books, journals, sound recordings, videos, digital environment.
Printed music: Not allowed. Exception: Aim of teaching and scientific research [Copyright law § 34 -35].
Books, journals: For private use under fair and equitable remunaration of the copyright holder [Copyright law § 21]. Exceptions: Complete copy allowed for private use if by handwriting or typing. Specific parts of a work allowed for purpose of school education in a number corresponding to the number of pupils in a class or for purposes of exams in public. See also question 11.
Sound recordings: Copy allowed only with copyright holder permission.
Videos: Not allowed. Digital: Not allowed.

10. In some countries, copyright legislation also covers lending. If this is true of your country, please explain the terms of any restrictions
Printed music, books, journals: always allowed and free. Sound recordings: Lending allowed under permission of the author, the phonogram producer and the performer [Copyright law § 78]. Videos: Loan allowed only with copyright-holder permission.

11. Does the law in your country permit libraries to make copies of copyright protected materials for prescribed purposes?
Publicly accessible libraries, educational establishments, museum and archives as well as audio and audiovisual archives shall be allowed to make a copy of a work for internal purposes if it is not designed for earning or increasing income even in an indirect way if the copy is a) required for scientific research; b) made for archiving from an own copy for scientific purpose or public library supply; c) made of a limited part of a published work or of an article in a newspaper or periodical [Copyright law § 35.4].

C. On subjects involved in copyright issues.

12. Please identify any relevant professional associations or licensing agencies which represent rights-holders in the field of music.
ARTISJUS for printed music ; MAHASZ the Association of Hungarian Record Companies, for sound recordings.

13. Are there any associations which represent users in your country?
No, there are not.

14. Do you have any experience, or know of any conflict between libraries and music rights-holders in your country?
No.

D. Finally

15. What are the most important problems that you would like to resolve as regards music copyright in your country?
The most important problem is the lending of music videos because publishers often do not give permissions to lend their materials. It could be solved by offering videos for lending, at a higher price.

16. When you have a copyright problem, from whom do you obtain expert advice?
From Library Division of Cultural Ministry.

Italy / Italia

A. On copyright legislation and guidelines

1. What are the most important pieces of copyright legislation in your country?
Legge sul diritto d'autore, n. 633 /1941 is a general law covering economic and moral rights, neibouring reights for all materials. Updated several times, last updating 31.12.2007.

2. Is this legislation supplemented by case law (ie law interpreted and defined by the courts)?
No, Italian jurisprudence is not mandatory precedent.

3. (For EU countries). Has the EU copyright harmonisation Directive 2001/29/EC already been implemented in your country?
Yes, see Law 68/2003 of 9 April 2003, which updates law 633/1941.

4. Has your country already implemented legislation covering copyright issue in the digital environment?
Yes, since L. 68/2003, communication and access through terminals in public access libraries, teaching institutions, museum and archives is free for individuals for research or private study purposes. It is limited to works preserved in libraries collections free from licenses or other legal limits to access (Law 633/1941, art 71-ter).

5. Are there any copyright licensing schemes or written agreements involving libraries that cover music in your country?
In 2002 AVI (Associazione italiana videoteche) and SIAE signed an agreement on loan of VHS.

6. Has any library body within your country produced guidelines which cover copyright of music?
No. Main libraries and some music libraries have codes for services, which includes library rules about copying and loan.

B. On the content of copyright rules applied to libraries

8. How long is the term of protection for copyrights related to music in your country?
In general 70 years after author's death [L. 633/1941, art. 25, 85 quinquies; details about works in cooperation art. 26; art. 32; work published posthumous, art. 31, 85ter]. Critical and scientific edition are protected 20 year after the publication date (art. 85 quarter, §1). Recording, video producers, performers : 50 years after the publication [Art. 75].

9. Please describe the terms under which copyright protected materials may be copied in libraries, covering printed music, books, journals, sound recordings, videos, digital environment.
Printed music: It is forbidden to copy sheet music (spartiti) and music scores (L. 633/1941, art. 68, c. 3).
Books, journals: It is allowed to copy single works or part of them for personal use of the readers, if manually done or realized through devices which do not allow public distribution or sell (L. 633/1941 updated 2003, art. 68 c.1).
It is allowed to copy with photo/xerocopying machines or similar devices for personal use up to 15% of each volume, or issue of periodical (advertising pages excluded) with compensation for authors/publishers. Agreements on about the amount of compensation are signed at national level with SIAE. Libraries pay an annual fee based on the number of copies and users (public libraries) or students (university libraries).
Exceptions: No limits if the work in the library is rare or not available in publisher's catalogues (art. 68, c.5).
Sound recordings: Libraries: It is allowed to copy in one unique copy, without any direct or indirect commercial or economic advantage, phonograms and videos with movies, audio or images on movement, with or without sound preserved in state or public institutions libraries for library services. (art. 69, c. 2).
Private use: it is allowed to reproduce phonograms and videos on any support for private use with no economic direct or indirect advantage, in respect of technological protection measures allowed by art. 102-quater. A compensation for producers and performers is included in the final price of the technical equipment (art. 71 sexies - septies).

10. In some countries, copyright legislation also covers lending. If this is true of your country, please explain the terms of any restrictions
Loan [L. 633/1941, art. 69] operated by state libraries and public institutions, for private study or cultural promotion scope only, has not to be authorized by the right-holder; it concerns only printed material and sound recordings and videos. Until 2006 loan was free of charge, therefore Italy was condemned on 26 October 2006 by EU. In December 2007 a national found was established to remunerate author's for loans done by public libraries; no remuneration for loans done by school and university libraries.
Printed music: Printed music is excluded from lending. Sound recordings, videos: Lending allowed after the 18th month since its distribution or the 24th month after the realization of the work, for non distributed works.

11. Does the law in your country permit libraries to make copies of copyright protected materials for prescribed purposes?
Sound recordings and videos may be copied for library service purpose. See question 9.

C. On subjects involved in copyright issues.

12. Please identify any relevant professional associations or licensing agencies which represent rights-holders in the field of music.
SIAE, Società italiana autori ed editori, acts as a general government agency for the management of rights.
IMAIE, Istituto per la tutela dei diritti degli artisti interpreti esecutori, for performer's rights.

13. Are there any associations which represent users in your country?
AIB - Associazione Italiana Biblioteche, IAML-Italia - IAML National Branch; AVI Associazione Italiana Videoteche.

14. Do you have any experience, or know of any conflict between libraries and music rights-holders in your country?
Yes. Moreover restrictions defined by law do not encourage contacts and agreements.

D. Finally

15. What are the most important problems that you would like to resolve as regards music copyright in your country?
Printed music is excluded from lending.
No exception provided for copying printed music. The sentence "it is prohibited to copy sheet music and scores", often is understood as if the limit is extended also to music in public domain.
In December 2007 a document prepared by the Ministry of culture proposed to limit the prohibition to sheet music ("spartiti sciolti").

16. When you have a copyright problem, from whom do you obtain expert advice?
State library may ask to the Ministry of culture legal office. Few music libraries have their own legal consultant, e.g. the legal office of the local government or private legal office. Advice is also asked to colleagues of the Associazione Italiana Biblioteche, AIB.

Japan / Nippon / 日本

A. On copyright legislation and guidelines

1. What are the most important pieces of copyright legislation in your country?
Copyright Law of Japan [English translation by Yukifusa OYAMA et al.]

2. Is this legislation supplemented by case law (ie law interpreted and defined by the courts)?
No. It is not supplemented by case law (judicial precedent).

4. Has your country already implemented legislation covering copyright issue in the digital environment?
Yes. The Copyright Law of Japan includes art. 23 Rights of public transmission, etc., which covers the copyright issue in the digital environment.

5. Are there any copyright licensing schemes or written agreements involving libraries that cover music in your country?
No, not known.

6. Has any library body within your country produced guidelines which cover copyright of music?
No.

7. Have any rights-holders in your country produced a Code of Fair Practice or guidelines covering music materials setting out their interpretation of the copyright law and what acts they will permit?
A Consultative Assembly on Reprographic problems of Sheet music CARS [in Japanese] was established on September 2004, and a plan of the guideline on reproduction of sheet music is in progress.

B. On the content of copyright rules applied to libraries

8. How long is the term of protection for copyrights related to music in your country?
50 years following the death of the author or following the death of the last surviving co-author in the case of a joint work, unless otherwise provided [Copyright Law, art. 51; details art. 51-58].
Copyright in a cinematographic work continues until the end of a period of seventy years following the making public of the work or the creation of the work if it has not been made public within a period of seventy years following its creation [Copyright Act, art. 54, applied since 1st January 2004].
Neighboring reights: 50 years after performance or recording [Copyright Law, art. 101]

9. Please describe the terms under which copyright protected materials may be copied in libraries, covering printed music, books, journals, sound recordings, videos, digital environment.
Printed music, books, journals, sound recordings, videos, digital: Copyright Law, Art. 31 allows to copy library materials (books, documents and other materials held in the collection of libraries) in libraries, within the scope of the non-profit-making activities of libraries, for following purposes:
(i) where, at the request of a user and for the purpose of his own investigation or research, he is furnished with a single copy of a part of a work already made public or of all of an individual work reproduced in a periodical already published for a considerable period of time;
(ii) where the reproduction is necessary for the purpose of preserving library materials;
(iii) where other libraries, etc., are furnished with a copy of library materials which are rarely available through normal trade channels because the materials are out of print or for other similar reasons.
Exceptions: Printed music, sound recordings: A single copy of a part of a work allowed without permission only for the purpose of one own investigation or research. Journals: A single copy of a part of a work already made public or all of an individual work reproduced in a periodical already published for a considerable period of time allowed without permission.

10. In some countries, copyright legislation also covers lending. If this is true of your country, please explain the terms of any restrictions.
Printed music, books: Libraries lend library materials - including music scores - to users according to Copyright Law, art. Art. 38.4: "It shall be permissible to offer to the public a work already made public, by lending copies of the work for non-profit-making purposes and without charging any fees to borrowers of such copies"
Videos: "For audiovisual education establishments and other establishments not for profit-making, designated by Cabinet Order, having the purposes, among others, to offer cinematographic films and other audiovisual materials for the use by the public, by lending copies of the work, without charging any fees to borrowers of such copies. In this case, a person who makes such distribution shall pay a reasonable amount of compensation to the owner of the right mentioned in Article 26 with respect to such a cinematographic work or a work reproduced in that cinematographic work." [Article 38-5]
Public libraries lend audiovisual materials to users by paying a reasonable amount of compensation to the owners of the right according to Articles 38-5. But libraries affiliated universities, colleges and schools are not able to lend audiovisual materials to users, because they don't belong to the audiovisual education establishments designated by Cabinet Order.

11. Does the law in your country permit libraries to make copies of copyright protected materials for prescribed purposes?
See question 9.

C. On subjects involved in copyright issues.

12. Please identify any relevant professional associations or licensing agencies which represent rights-holders in the field of music.
JASRAC - Japanese Society for Rights of Authors, Composers and Publishers.
Recording Industry Association of Japan.
FMP - The Federation of Music Producers Japan

13. Are there any associations which represent users in your country?
No.

14. Do you have any experience, or know of any conflict between libraries and music rights-holders in your country?
No, not known.

D. Finally

15. What are the most important problems that you would like to resolve as regards music copyright in your country?
From the viewpoint of a music librarian, there are three problems as regards music copyright in Japan:
a) Reproduction as ruled in article 31 does not serve the actual needs of users in music.
b) There is no association which represents users or libraries as regards music copyright. We need guidelines which satisfy both rights-holders and users.
c) Lending of audiovisual materials is not allowed in libraries affiliated to universities, colleges and schools. This is an obstacle to education and research using audiovisual materials.

16. When you have a copyright problem, from whom do you obtain expert advice?
Copyright Research and Information Centre (CRIC) in general; the Japanese Society for Rights of Authors, Composers and Publishers (JASRAC). and from the Consultative Assembly on Reprographic problems of Sheet music (CARS) in the case of music copyright. Sometimes advice is asked to experts affiliated with music publishers.

Lithuania / Lietuva

A. On copyright legislation and guidelines

1. What are the most important pieces of copyright legislation in your country?
Republic of Lithuania Law on Copyright and Related Rights 18May 1999 No. VIII-1185, as amended by Law 5 March 2003 No. IX-1355, last amended on 12 October 2006 No X-855.

2. Is this legislation supplemented by case law (ie law interpreted and defined by the courts)?
The law is supplemented with the Commentary on Copyright and Neighbouring Rights Law, which is more an explanation of the law than practical case studies and interpretations of the court. See Alfonsas Vileita, Lietuvos Respublikos Autoriu teisiu ir gretutiniu teisiu istatymo komentaras, Lietuvos rasytoju sajungos leidykla, Vilnius 2000.

3. (For EU countries). Has the EU copyright harmonisation Directive 2001/29/EC already been implemented in your country?
Yes, in Republic of Lithuania Law on Copyright and Related Rights, amended by March 5, 2003 No. IX-1355. The provisions of this Law are harmonised with the legal acts of the European Union.

4. Has your country already implemented legislation covering copyright issue in the digital environment?
There is no special legislation, but the Lithuanian agency for copyright (LATGA) started to license use of music on the Internet.

5. Are there any copyright licensing schemes or written agreements involving libraries that cover music in your country?
There are no special agreements, but from July 1, 2002 two general governmental decrees have been implemented on 1) remuneration for the reprographic reproduction of works and 2) remuneration for the public lending of books. No special legislation or agreement for public lending of music is foreseen.

6. Has any library body within your country produced guidelines which cover copyright of music?
No.

7. Have any rights-holders in your country produced a Code of Fair Practice or guidelines covering music materials setting out their interpretation of the copyright law and what acts they will permit?
Not for music, but the commentaries of the law include certain features of "good practice", especially what is related to the educational, research purposes. E.g. "Use of work should not exceed minimal needs. Having made in the shade of educational purposes it is not allowed to organize paid concerts, to publish literary works or their collections, use art works, photo works as illustrations, which are devoted to the unspecified circle of the readers. As a misapplication should be evaluated publication of the works or their collections without the permission of the author or without paying author's fee, marking the publications as "Pupil's library" or "permitted to use in the schools by the Ministry of Education of the Republic of Lithuania". With such inscriptions it is not allowed to restrict author's rights. [...] It is allowed to use works only in the publications specially used for the education purposes, and only as much as it is needed to illustrate, to make more evident the subject. It is allowed to use only small excerpts from the works or small works".

B. On the content of copyright rules applied to libraries

8. How long is the term of protection for copyrights related to music in your country?
The protection of the author's moral rights shall be of unlimited duration [Copyright law §34].
Author's economic rights shall run for the life of the author and for 70 years after his death, irrespective of the date when the work is lawfully made available to the public. For joint works: 70 years after the death of the last surviving author. For anonymous and pseudonymous works: 70 years after the work is lawfully made available to the public, unless the author discloses his identity during the prescribed period. For collective works: 70 years after the work is lawfully made available to the public. In audiovisual work: the right shall extend over the life of the principal director, author of the screenplay, author of the dialogue, art director, director of photography and the composer of music specifically created for the audiovisual work, and for 70 years after the death of the last of them to survive [Copyright law § 35].
For performers and producers of phonograms: 50 years after the date of the performance or, if published within this period, from the publication date [Copyright law § 59].

9. Please describe the terms under which copyright protected materials may be copied in libraries, covering printed music, books, journals, sound recordings, videos, digital environment.
Printed music: Copy allowed only with copyright holder permission [Copyright law §23.2]. Books: In the libraries copying is allowed for private use up to 10% of whole publication. Under a governmental decree on remuneration for the reprographic reproduction of works every commercially used copy machine is taxed and the payment to the authors (60%) and publishers (40%) is made according to the number of copy machines and their capacity. Exceptions: Copy is allowed without permission for: 1. short works or excerpts of the work for study or scientific purposes, only if it is one copy; 2. if the publication is damaged and it is our of printed, impossible to access and purchase new one; 3. for educational purposes, if it is just once. It is necessary on the copy to have author's name and source.
Journals: A published article or any other short work, or a short extract of a writing, with or without illustrations, not for direct or indirect commercial advantage, provided that such reproduction is a separate single act. Repeated acts of such reproduction shall be permissible if they are done on unrelated occasions. - The author and publishers shall be entitled to fair compensation for reproduction on paper by means of reprography of works. Such compensation shall be paid by the persons providing fee-paying services of reprographic reproduction.
Sound recording, videos, digital: Copy is not allowed in libraries. Exceptions: Except when a copy is made for purpose of preservation or replacement in the library.

10. In some countries, copyright legislation also covers lending. If this is true of your country, please explain the terms of any restrictions
Printed music, journals, sound recordings, videos: Allowed and free.
Books: Lending allowed with remuneration for the authors; remuneration shall not be paid when the lending of books and other publications is carried out through libraries of educational and scientific institutions. [Copyright law 16.3]. Authors are remunerated from the state budget, according to the sum allocated for this purpose (100.000 Lt last year). The sum of remuneration paid to the author depends on amount of the lending as well as on ratio for certain category of literature.

11. Does the law in your country permit libraries to make copies of copyright protected materials for prescribed purposes?
Yes, law permits to copy a work kept in publicly accessible libraries, educational establishments, museums or archives, except the work made available to the public over computer networks (the Internet), not for direct or indirect commercial advantage, when a copy of the work is made for the purpose of preservation or replacement of a lost, destroyed or rendered unusable copy from the fonds or collections of the said institutions, or for the purpose of replacement of a lost, destroyed or unfit for use copy from the permanent collection of another similar library or archive, if it is impossible to obtain such a copy by other acceptable means, and if the act of such reproduction is a separate single act. Repeated acts of such reproduction shall be permissible if they are done on unrelated occasions. [Copyright law 23.1.2.]

C. On subjects involved in copyright issues.

12. Please identify any relevant professional associations or licensing agencies which represent rights-holders in the field of music.
LATGA - Lithuanian agency for copyright ; AGATA - Lithuanian agency for neighbouring rights.

13. Are there any associations which represent users in your country?
No, the establishment of Lithuanian IAML Branch is in progress.

14. Do you have any experience, or know of any conflict between libraries and music rights-holders in your country?
No.

D. Finally

15. What are the most important problems that you would like to resolve as regards music copyright in your country?
To start the activities which would protect (or at least to start think of) the interests of the users, not only authors.

16. When you have a copyright problem, from whom do you obtain expert advice?
Only from copyright organisations and from the Ministry of Culture, legal department, which works hard to protect the rights of the author. It is almost impossible to get independent legal advice.

17. Any other relevant information about music copyright.
We think it is very necessary to start a serious discussion on the intellectual property rights, and some basic moments of contradiction, which are highlighted in the age of the technological progress in the dissemination of music. Limiting the access to resources for creative work have a very negative influence for the cultural activities and cultural progress.

Netherlands / Nederland

A. On copyright legislation and guidelines

1. What are the most important pieces of copyright legislation in your country?
Auteursrecht, law 23 september 1912 (Copyright Act 1912) last updating on6 July 2004 effective on 1 september 2004 [English version]. Related rights Act 1993 updated to 2004 [original, English version].

2. Is this legislation supplemented by case law (ie law interpreted and defined by the courts)?
Yes, it is supplemented by case law.

3. (For EU countries). Has the EU copyright harmonisation Directive 2001/29/EC already been implemented in your country?
Yes, it is implemented in the Copyright Act 1912, version 2004.

4. Has your country already implemented legislation covering copyright issue in the digital environment?
Yes in the Copyright Act 1912, version 2004.

5. Are there any copyright licensing schemes or written agreements involving libraries that cover music in your country?
No.

6. Has any library body within your country produced guidelines which cover copyright of music?
No, only informal guidelines, provided by Dutch IAML Branch.

7. Have any rights-holders in your country produced a Code of Fair Practice or guidelines covering music materials setting out their interpretation of the copyright law and what acts they will permit?
Yes, the Stichting Thuiskopie (the Dutch Private Copying society) related only to own personal use an with restrictions.

B. On the content of copyright rules applied to libraries

8. How long is the term of protection for copyrights related to music in your country?
70 years [Copyright Act §37-41]. 50 years for related rights [Related rights Act, § 12].

9. Please describe the terms under which copyright protected materials may be copied in libraries, covering printed music, books, journals, sound recordings, videos, digital environment.
Printed music: It is allowed to copy small parts only for personal use, study, education. Copying a whole composition is not allowed.
Books, Journals: Is allowed to copy small parts of books only for personal use, study, education. Copying of whole works allowed only by license and paying in "Kopiefonds".
Sound recordings, videos: It is not allowed to copy sound recordings unless for personal use, study, education. There is an extra allowance on empty tapes
Digital: Copying is not allowed.

10. In some countries, copyright legislation also covers lending. If this is true of your country, please explain the terms of any restrictions
Allowed with author's remuneration. Exception for libraries in educational and research establishments, the Koninklijke Bibliotheek and visually impaired people, see Copyright Act, art 15 c-g.

11. Does the law in your country permit libraries to make copies of copyright protected materials for prescribed purposes?
Yes, an 'archival' copy is allowed when the original is in very bad condition.

C. On subjects involved in copyright issues.

12. Please identify any relevant professional associations or licensing agencies which represent rights-holders in the field of music.
BUMA/STEMRA (composers, music publishers), SENA (performers, record producers).

13. Are there any associations which represent users in your country?
No.

14. Do you have any experience, or know of any conflict between libraries and music rights-holders in your country?
No.

D. Finally

15. What are the most important problems that you would like to resolve as regards music copyright in your country?
The consequence of the implementation of the European Directives in our legislation: only a very small part of a printed edition can be copied for private use ; we would like to see agreements with publishers to enable individuals to copy a complete work of music (e.g. a song).

16. When you have a copyright problem, from whom do you obtain expert advice?
National: "FOBID juridische commissie", a national library organizations, juridical committee, that keeps in contacts with the government. European: EBLIDA.

17. Any other relevant information about music copyright.
In 2006 the Dutch Branch of IAML contacted the Netherlands Association of Music Publishers to discuss possibilities of an agreement to copy printed music.

Poland / Polska

A. On copyright legislation and guidelines

1. What are the most important pieces of copyright legislation in your country?
Copyright Law 4 february 1994 [Ustawa o prawie autorskim i prawach pokrewnych z dnia 4 lutego 1994 r.], amended by Copyright Law, 28 October 2002 and the Copyright Law, 1 April 2004

2. Is this legislation supplemented by case law (ie law interpreted and defined by the courts)?
Yes, see 1. Court of Justice, Sentence: 8 .02.1958 r. II CR 658/57: Creating six copies for business purposes is not "private use". 2. Legal Department of Ministry of Education, DP/WPA.024/270/02: Lending digital materials is allowed in libraries only free of charge.

3. (For EU countries). Has the EU copyright harmonisation Directive 2001/29/EC already been implemented in your country?
Yes, with amendments to the Copyright Law, 28 October 2002 and to the Copyright Law, 1 April 2004.

4. Has your country already implemented legislation covering copyright issue in the digital environment?
Yes, with amendments to the Copyright Law, 28 October 2002 also Law on Electronic commerce, 18 July 2002
[Ustawa o świadczeniu usług drogą elektroniczną z dnia 18 lipca 2002 r].

5. Are there any copyright licensing schemes or written agreements involving libraries that cover music in your country?
No.

6. Has any library body within your country produced guidelines which cover copyright of music?
No.

B. On the content of copyright rules applied to libraries

8. How long is the term of protection for copyrights related to music in your country?
70 years after the death of author. 50 years after performing or recording.

9. Please describe the terms under which copyright protected materials may be copied in libraries, covering printed music, books, journals, sound recordings, videos, digital environment.
Printed music: Copy allowed for private use for educational purposes (regulations are not clear).
Books, journals: Copy allowed for private use up to 22 pages (one printed sheet).
Sound recordings, videos, digital: Copy allowed only with copyright-holder permission.
Exceptions. Printed music, books, journals, sound recordings, videos: Copying allowed for educational purposes (by institutions); from the original, fragments only.

10. In some countries, copyright legislation also covers lending. If this is true of your country, please explain the terms of any restrictions
Loan always allowed and free.

11. Does the law in your country permit libraries to make copies of copyright protected materials for prescribed purposes?
Yes, the law permit libraries to make single copies of materials that are not available on market. Only for following scopes: complete, protection, free lending.

C. On subjects involved in copyright issues.

12. Please identify any relevant professional associations or licensing agencies which represent rights-holders in the field of music.
ZAiKS Copyright Agency [Stowarzyszenie Autorów ZAiSK]: for authors
SAWP Polish Musical Performing Artists' Society [Stowarzyszenie Artystów Wykonawców Utworów Muzycznych i Słowno-Muzycznych]: for performers
ZPAV Polish Society of Phonographic Industry [Związek Producentów Audio-Video ZPAV]: for producers

13. Are there any associations which represent users in your country?
No.

14. Do you have any experience, or know of any conflict between libraries and music rights-holders in your country?
No.

D. Finally

15. What are the most important problems that you would like to resolve as regards music copyright in your country?
Regulation of copying music for private use for education purposes is not clear. It requires interpretation by experts.

16. When you have a copyright problem, from whom do you obtain expert advice?
Intellectual Property Law Institute, Jagiellonian University, Cracow.

Spain / España

A. On copyright legislation and guidelines

1. What are the most important pieces of copyright legislation in your country?
LEY 23/2006, de 7 de julio, por la que se modifica el Texto refundido de la Ley de Propiedad Intelectual, [TRLPI] aprobado por el Real Decreto Legislativo 1/1996, de 12 de Abril.

2. Is this legislation supplemented by case law (ie law interpreted and defined by the courts)?
No, Spain has a civil law system: practical cases are only a reference, but not a mandatory precedent.

3. (For EU countries). Has the EU copyright harmonisation Directive 2001/29/EC already been implemented in your country?
LEY 23/2006, de 7 de julio, por la que se modifica el Texto refundido de la Ley de Propiedad Intelectual, aprobado por el Real Decreto Legislativo 1/1996, de 12 de Abril.

4. Has your country already implemented legislation covering copyright issue in the digital environment?
LEY 23/2006, de 7 de julio, por la que se modifica el Texto refundido de la Ley de Propiedad Intelectual, aprobado por el Real Decreto Legislativo 1/1996, de 12 de Abril.

5. Are there any copyright licensing schemes or written agreements involving libraries that cover music in your country?
No.

6. Has any library body within your country produced guidelines which cover copyright of music?
No, not limited to music.

B. On the content of copyright rules applied to libraries

8. How long is the term of protection for copyrights related to music in your country?
70 years after author death [details in TRLPI, art. 26 -30]; 50 years after performing [TRLPI, art. 122], or recording [TRLPI, art. 119].

9. Please describe the terms under which copyright protected materials may be copied in libraries, covering printed music, books, journals, sound recordings, videos, digital environment.
Printed music, books, journals, sound recordings, videos: Allowed only for private use with equitative compensation for the right-holder. Compensation depends on the technical equipment used for reproduction (analogic, digital) [TRLPI, art. 25]. "Right owners cannot oppose the reproduction of their works when they are made, with no lucrative scope by libraries, museums, phono-libraries, film-libraries, archives, if the reproduction is realized for investigation or conservation purposes." [TRLPI, art. 37].

10. In some countries, copyright legislation also covers lending. If this is true of your country, please explain the terms of any restrictions
Lending is actually free if: made, with no lucrative scope by libraries, museums, phono-libraries, film-libraries, archives. [TRLPI, art. 37.2].

11. Does the law in your country permit libraries to make copies of copyright protected materials for prescribed purposes?
See question n. 9.

C. On subjects involved in copyright issues.

12. Please identify any relevant professional associations or licensing agencies which represent rights-holders in the field of music.
SGAE - Sociedad general de Autores y Editores.

13. Are there any associations which represent users in your country?
FESABID - Federación Española de Sociedades de Archivística, Biblioteconomía, Documentación y Museística.

14. Do you have any experience, or know of any conflict between libraries and music rights-holders in your country?
Yes.

D. Finally

15. What are the most important problems that you would like to resolve as regards music copyright in your country?
The implementation of European Directives.

16. When you have a copyright problem, from whom do you obtain expert advice?
FESABID - Grupo BPI: Bibliotecas y Propiedad Intelectual.

United Kingdom and Ireland

A. On copyright legislation and guidelines

1. What are the most important pieces of copyright legislation in your country?
Copyright, Designs & Patents Act 1988 [CDPA], as amended by subsequent statutory instruments, and incorporating the EU copyright harmonisation directive 29/2001
Related Rights Regulations 2003
Copyright (Visually Impaired Persons) Act 2002

2. Is this legislation supplemented by case law (ie law interpreted and defined by the courts)?
Yes.

3. (For EU countries). Has the EU copyright harmonisation Directive 2001/29/EC already been implemented in your country?
Yes, see Copyright, Designs & Patents Act 1988 [CDPA].

4. Has your country already implemented legislation covering copyright issue in the digital environment?
Yes.

5. Are there any copyright licensing schemes or written agreements involving libraries that cover music in your country?
Yes, the agreement signed on 7/1/1994 between the British Phonographic Industry and the Library Association (now CILIP).

6. Has any library body within your country produced guidelines which cover copyright of music?
Mentioned in general works published by CILIP & LACA (Libraries & Archives Copyright Alliance).
IAML(UK & Irl) include basic guidelines in training course material.

7. Have any rights-holders in your country produced a Code of Fair Practice or guidelines covering music materials setting out their interpretation of the copyright law and what acts they will permit?
The Music Publishers Association published the Code of Fair Practice (rev.1992) (revision needed and still awaited) ad the MPA guidelines for amateur music hire (March 2003).

B. On the content of copyright rules applied to libraries

8. How long is the term of protection for copyrights related to music in your country?
Printed music & literature: 70 years from end of year of composer's death.
Typographical arrangement: 25 years after publication.
Sound recordings: 50 years after publication for record companies and performers.

9. Please describe the terms under which copyright protected materials may be copied in libraries, covering printed music, books, journals, sound recordings, videos, digital environment.
Printed music: Fair dealing or with permission. Exceptions: In case of performance difficulties. Single accessible copies can be made for or by disabled people provided they have access to the original printed version. Examination purposes (except performance exams).
Books, Journals: Fair dealing or under Copyright Licensing Agency licence. Exceptions: Accessible copies for disabled people. Examination purposes.
Sound recordings, videos: Copy allowed only with copyright holder permission. Exceptions: Examination purposes.

10. In some countries, copyright legislation also covers lending. If this is true of your country, please explain the terms of any restrictions
Public libraries need to be licensed to lend; educational libraries do not.
Printed music: Public libraries are covered by MPA Code, which accepts that lending happens. Books: Public libraries are covered by Public Lending Right. The payment to authors is done by the government; it is based on numbers of loans in sample libraries. Journals: Lending not widespread, but growing. Some public libraries acquire from suppliers who negotiate permission, but serious music journals are not generally included. Sound recordings: Public libraries are covered by BPI/LA Agreement: no more than 4 copies of a recording per branch; no lending until 3 months after release date. Videos: Public libraries now have to buy rental versions of major films rather than retail, so these have a licence to lend. Permission for less popular material implied by the fact they are known to be purchased by library suppliers.

11. Does the law in your country permit libraries to make copies of copyright protected materials for prescribed purposes?
1. The library can copy article or part of work for non-commercial research or private study, but cannot supply same piece to more than one person.
2.The library can copy article or part of work for supply to another library provided rights owner cannot be traced.
3. The library can copy for preservation if not available for purchase.
In all three cases a charge must be made to at least cover costs.

C. On subjects involved in copyright issues.

12. Please identify any relevant professional associations or licensing agencies which represent rights-holders in the field of music.
Music Publishers Association; British Phonographic Industry; Copyright Licensing Agency (for books and journals).

13. Are there any associations which represent users in your country?
CILIP - Chartered Institute of Library & Information Professionals
LACA - Libraries & Archives Copyright Alliance
IAML - UK & Ireland Branch.

14. Do you have any experience, or know of any conflict between libraries and music rights-holders in your country?
Relations generally fairly good.

D. Finally

15. What are the most important problems that you would like to resolve as regards music copyright in your country?
Ability to replace lost or damaged parts of orchestral sets which were purchased while temporarily out of copyright. Publishers should be willing to sell single parts or give permission to make a copy.
Cutting down administrative burden for conservatoires having to ask permission to make copies for instrumental exams.

16. When you have a copyright problem, from whom do you obtain expert advice?
CILIP - A. Individual IAML members with a particular interest.

17. Any other relevant information about music copyright
There is a constant need to fight for users' rights, particularly in new European laws. This wastes resources which should be used for providing services.

United States

A. On copyright legislation and guidelines

1. What are the most important pieces of copyright legislation in your country?
The Copyright Law of the United States and related laws contained in the Title 17 of the United States Code, with its amendments.

2. Is this legislation supplemented by case law (ie law interpreted and defined by the courts)?
Yes. Citations of much of this case law is available at such sites as Cornell University's Legal Information Institute. Also, State Law, where it exists, may apply in situations where federal law is not applicable, as with pre-1972 sound recordings.

4. Has your country already implemented legislation covering copyright issue in the digital environment?
Yes, it began to do so in 1998 with the Digital Millennium Copyright Act (DMCA). Title IV of this act, Section 404 amends Section 108 of the Copyright Law to permit libraries to digitize analog materials without permission for archival purposes. (DMCA, p. 15)
Section 104 of the Sonny Bono Copyright Term Extension Act (the "SBCTEA") exempts libraries under limited circumstances from the SBCTEA's provisions for published works in their last 20 years of protection.
The "Technology, Education and Copyright Harmonization Act" (the TEACH Act), expands the scope of educators' rights to perform and display works and to make the copies integral to such performances and displays for digital distance education, making the rights closer to those we have in face-to-face teaching, although audiovisual works and dramatic musical works may only be shown as short excerpts.
Also see Chapter 10 of the Copyright Law: "Digital Audio Recording Devices and Media".

5. Are there any copyright licensing schemes or written agreements involving libraries that cover music in your country?
Many but not in the law. They are private agreements between vendors, or publishers and libraries, so not generally available to the public. The Association of Research Libraries maintains guidelines for librarians writing such agreements. This document, last modified in 2002, does not, however, mention music.

6. Has any library body within your country produced guidelines which cover copyright of music?
The Music Library Association was not invited to participate in two sets of guidelines developed by educators and copyright holders: 1) "Guidelines for the Educational Uses of Music," and 2) "Fair Use Guidelines for Educational Multimedia" both available at the MLA Web site.

B. On the content of copyright rules applied to libraries

8. How long is the term of protection for copyrights related to music in your country?
In general terms 70 years after the death of the author, but the situation is highly complex; see Peter Hirtle "Copyright Term and the Public Domain in the United States ".
Sound recordings issued before 1972 may be covered by state or common law until 2067.

9. Please describe the terms under which copyright protected materials may be copied in libraries, covering printed music, books, journals, sound recordings, videos, digital environment.
Printed music, books, journals, sound recordings, videos, digital: In general libraries may copy all of the material types listed, either under section 108 (exceptions for libraries), or in the case of restrictions there, under section 107 (fair use) of the Copyright Law. Copying of sound recordings issued before 1972 may be covered by state or common law.
Exceptions: In general libraries may copy all of the material types listed, either under section 108 (exceptions for libraries), or in the case of restrictions there, under section 107 (fair use) of the Copyright Law.

10. In some countries, copyright legislation also covers lending. If this is true of your country, please explain the terms of any restrictions
So far the "right of first sale prevails". Libraries may lend or sell lawfully acquired copies under section 109.

11. Does the law in your country permit libraries to make copies of copyright protected materials for prescribed purposes?
Yes, but the purposes are not prescribed (Section 108).

C. On subjects involved in copyright issues.

12. Please identify any relevant professional associations or licensing agencies which represent rights-holders in the field of music.
ASCAP - American Society of Composers, Authors and Publishers; BMI - Broadcast Music, Inc.; SESAC (which stood originally for Society of European Stage Authors & Composers). The Harry Fox Agency licenses derivative rights. SoundExchange collects and distribute statutory royalties to sound recording copyright owners and artists.

13. Are there any associations which represent users in your country?
The Library Copyright Alliance comprises five major library organizations who work together as a coalition to address copyright issues that affect libraries and their patrons. The Music Library Association participates in these efforts when possible.

14. Do you have any experience, or know of any conflict between libraries and music rights-holders in your country?
No, and recent research into case law about digital music libraries (at Indiana University) has found no litigation. See Variation2 Indiana University Digital Music Library project. Copyright.

D. Finally

15. What are the most important problems that you would like to resolve as regards music copyright in your country?
The rights of academic and public music libraries to make digital copies of whole musical works in any original format for research and study.

16. When you have a copyright problem, from whom do you obtain expert advice?
Music librarians should seek answers from their institutions' legal counsel. Although the MLA list does field a number of questions, none of us have legal authority.

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Answers to copyright questions

Austria / Österreich

Belgium / België / Belgique

Canada

China / 中国

Finland / Suomi

France

Germany / Deutschland

Hungary / Magyarország

Italy / Italia

Japan / Nippon / 日本

Lithuania / Lietuva

Netherlands / Nederland

Poland / Polska

Spain / España

United Kingdom and Ireland

United States

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