Legal protection: Computer programs

This Directive aims to harmonise Member States' legislation regarding the protection of computer programs in order to create a legal environment which will afford a degree of security against unauthorised reproduction of such programs

ACT

Council Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs [See amending acts].

SUMMARY

The Member States are obliged to protect computer programs, by copyright, as literary works within the meaning of the Berne Convention for the Protection of Literary and Artistic Works.

The ideas and principles which underlie any element of a computer program, including those which underlie its interfaces, are not protected by copyright.

A computer program is protected if it is original in the sense that it is the author's own intellectual creation.

Who is the author of a computer program?

In general, the author of a computer program is the natural or legal person or group of natural persons who created it. Where collective works are recognised by the legislation of a Member State, the person considered by the legislation of that Member State to have created the work is deemed to be its author.

In the case of a program created by a group of natural persons, the exclusive rights are owned jointly. Where a computer program is created by an employee in the execution of his duties or following the instructions given by his employer, the employer alone will be entitled to exercise all economic rights in the program, unless otherwise provided for by contract.

Protection is accorded on the basis of residence, nationality and first publication as laid down by the relevant Member State.

Copyright

The exclusive rights of the author include the right to perform or to authorise:

Exceptions

The Directive provides for certain exceptions regarding copyright, mainly for the following situations:

There is also provision for a derogation which would allow the decompilation of a program under certain limited conditions and with the aim of achieving the interoperability of an independently created computer program.

Special protection measures

Special protection measures will be taken against a person committing any of the acts listed below:

References

Act

Entry into force

Deadline for transposition in the Member States

Official Journal

Directive 91/250/EEC

16.5.1991

1.1.1993

OJ L 122 of 17.5.1991

Amending act(s)

Entry into force

Deadline for transposition in the Member States

Official Journal

Directive 93/98/EC

24.11.1993 – 15.1.2007

1.7.1995

OJ L 290 of 24.11.1993

RELATED ACTS

Report dated 10 April 2000 from the Commission to the Council, the European Parliament and the Economic and Social Committee on the implementation and effects of Directive 91/250/EEC on the legal protection of computer programs [COM(2000) 199 final]. An evaluation of the Directive’s implementation in the Member States has shown that its objectives have been achieved and that its effect on the software sector has been satisfying. The Directive has improved the situation of the computer program sector in four ways: piracy has been reduced, employment has increased, there has been a switch to open systems and there has been a harmonisation as to computer programs created by employees. Although only three Member States met the deadline for implementation, all have now adopted the laws, regulations and administrative provisions required at national level. However, the Commission may have to examine certain imperfections in greater depth. The software industry is generally satisfied with the basic features of the system that has been put in place. However, some specific problems have been raised as regards the distribution right and communication to the public, back-up copies, remedies and the technical provisions. As regards sanctions, the industry considers it necessary to set up a database containing the standards and minimum procedures based on the TRIPS Agreement. The Commission considers that no amendment of the Directive is necessary at present but does not rule out the possibility of adjustment at a later stage. The Commission is also planning measures under ongoing initiatives, such as the proposal on the Community patent and the Green Paper on combating counterfeiting and piracy.

Last updated: 13.08.2009