Doc. 9448

7 May 2002

Ensuring fair access to digital material for educational and other socially necessary purposes

Motion for a recommendation

presented by Mr de Puig and others

1.       In the world of printing, society has developed a balance between the need to reward intellectual property owners for the use of their works, and the need for society to make some of these works available to a larger public, for education, research and other socially necessary purposes, by access in the public domain, by “fair use” rules or other arrangements.

2.       In the digital world, this balance is being disturbed, and legislation nationally and internationally is being overtaken by technological developments.

3.       Copyright questions related to digital material available on the Internet are being addressed by the European Union. Unesco together with the International Telecommunication Union is preparing two world conferences (to take place in 2003 and 2005) to develop an international convention on the conditions for public access to material on the Internet.

4.       Access to information is essential for education and research. It is also a basic requisite for democracy, as this relies on the participation of informed and enlightened citizens.

5.       The Assembly therefore recommends that the Committee of Ministers

i.       joins forces with other international bodies that are currently considering access to digital material on the Internet in order to develop norms for the fair use of such material for educational and other socially relevant purposes;

ii.       ensure that such norms are applied in member states.

Signed (see overleaf)

Signed : ¹

de Puig, Spain, SOC

Abbasov, Azerbaijan, EDG

Banks, United Kingdom, SOC

Delvaux-Stehres, Luxembourg, SOC

Duka-Zólyomi, Slovakia, EPP

Galoyan, Armenia, EPP

Gierek, Poland, SOC

Isohookana-Asunmaa, Finland, LDR

Jařab, Czech Republic, LDR

Kalkan, Turkey, EDG

Klaar, Estonia, SOC

Libicki, Poland, EDG

Lucyga.Germany, SOC

Małachowski, Poland, SOC

Malgieri, Italy, EDG

O’Hara, United Kingdom, SOC

Pintat Rossell, Andorra, LDR

Podgórski, Poland, SOC

Prisăcaru, Romania, SOC

Sağlam, Turkey, EPP

Schellens, Belgium, SOC

Schicker, Austria, SOC

Skarbøvik, Norway, EPP

Theodorou, Cyprus, SOC

Varela i Serra, Spain, LDR

¹        SOC: Socialist Group

      EPP/CD: Group of the European People’s Party

      EDG: European Democratic Group

      LDR : Liberal, Democratic and Reformers’ Group

      UEL: Group of the Unified European Left

      NR: not registered in a group