Computer Programs Directive
 | This article needs to be updated. |
| European Union directive | |
 | |
| Title | Directive on the legal protection of computer programs |
|---|---|
| Made by | European Council |
| Made under | Art. 100a |
| Journal reference | L122, 1991-05-17, pp. 9–13 |
| History | |
| Date made | 14 May 1991 |
| Entry into force | 17 May 1991 |
| Implementation date | 1 January 1993 |
| Preparative texts | |
| Commission proposal | C91, 1989-04-12, p. 4 C320, 1990-12-20, p. 22 |
| EESC opinion | C329, 1989-12-30, p. 4 |
| EP opinion | C231, 1990-09-17, p. 78 |
| Reports | |
| Other legislation | |
| Replaces | — |
| Amends | — |
| Amended by | 93/98/EEC |
| Replaced by | Directive 2009/24/EC |
| Repealed | |
Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs was a European Union directive in the field of copyright law, made under the internal market provisions of the Treaty of Rome. Council Directive 91/250/EEC has been replaced by Directive 2009/24/EC. It requires (Art. 1) that computer programs and any associated design material be protected under copyright as literary works within the sense of the Berne Convention for the Protection of Literary and Artistic Works.[1]
The Directive also defines the copyright protection to be applied to computer programs: the owner of the copyright has the exclusive right to authorize (Art 4):
- the temporary or permanent copying of the program, including any copying which may be necessary to load, view or run the program;
- the translation, adaptation or other alteration to the program;
- the distribution of the program to the public by any means, including rental, subject to the first-sale doctrine.
However, these rights are subject to certain limitations (Art. 5). The legal owner of a program is assumed to have a licence to create any copies necessary to use the program and to alter the program within its intended purpose (e.g. for error correction). The lawful may also make a back-up copy for his or her personal use. The program may also be decompiled if this is necessary to ensure its operates with another program or device (Art. 6), but the results of the decompilation may not be used for any other purpose without infringing the copyright in the program.
The duration of the copyright was originally fixed at the life of the author plus fifty years (Art. 8), in accordance with the Berne Convention standard for literary works (Art. 7.1 Berne Convention). This has since been prolonged to the life of the author plus seventy years by the Directive harmonizing the term of protection of copyright and certain related rights.[2]
Council Directive 91/250/EEC will formally be replaced by the Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs on May 25, 2009, [3] which consolidates the various minor amendments the original directive has received over the years".[4]
Implementation
See also
References
- ^ Berne Convention for the Protection of Literary and Artistic Works
- ^ Council Directive 93/98/EEC of 29 October 1993 harmonizing the term of protection of copyright and certain related rights, OJ no. L290 of 1993-11-24, p. 9.
- ^ Articles 10 and 11 of the Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs, L 111/16 EN, Official Journal of the European Union, 5.5.2009.
- ^ Jeremy Phillips, Tuesday tiddleywinks, IPKat, 5 May 2009. Consulted on 5 May 2009.