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"Index" [2009] ELECD 184; in Derclaye, Estelle (ed), "Research Handbook on the Future of EU Copyright" (Edward Elgar Publishing, 2009)

Book Title: Research Handbook on the Future of EU Copyright

Editor(s): Derclaye, Estelle

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847203922

Section Title: Index

Number of pages: 20

Extract:

By way of conclusion: what next?
Estelle Derclaye



There is no denying that the European copyright landscape has drastically
changed since the 1971 Deutsche Grammophon case. And mostly for the
better, despite some hiccups. To quote Ramón Casas Vallés' metaphor in this
book: `European copyright, still in a protean state, may be presented as an
unfinished tapestry showing something similar to the old maps of the Holy
Roman Empire: some enclaves of different nature and status, and wide empty
spaces, one of them being originality.' Should the tapestry nonetheless be
completed? What is certain is that, despite a recent lull, the Commission has
decided that harmonisation should go on, at least in certain areas. Recent
initiatives include the proposed extension of the term of protection for sound
recordings and performers to 95 years,1 a recommendation on the collective
cross-border management of copyright and related rights in relation to music2
and a strategy for creative content online.3 In February 2008, the Commission
also launched a new consultation (its first consultation being in 2006), indi-
cating a renewed interest in harmonising the area of private copying.4 Besides
these initiatives, to determine if further harmonisation is necessary, it is neces-
sary to identify those aspects of copyright law which really need harmonisa-


1 See http://ec.europa.eu/internal_market/copyright/term-protection/term-
protection_en.htm (all websites in this conclusion were accessed on 8 October 2008).
2 Recommendation 2005/737/EC of 18 October 2005 on collective ...