EDRi Calls for Repeal of EU Database Directive

From the EDRi, FIPR and VOSN coalition's recent response (PDF) to the European commission consultation on the review of the "acquis communautaire" in the field of copyright and related rights:

(23) EDRI supports the Commission proposal to extend Articles 5(3)(b) and 5(2)(c) from the copyright directive to the Database Directive (but would question why the latter does not include the sui-generis right). However, we have a more radical proposition. We call for the EC to repeal the database directive. We believe that there is no empirical evidence that the database Directive has increased investment in Europe. We are not aware of any such studies undertaken as part of the Commission review due to be published in 2005; on the contrary, the sui-generis right has introduced a serious imbalance between the rights of users and producers, with the latter appearing to have been given perpetual protection. European scientists and academics have expressed their serious concerns on the impact of the directive on access to scientific information and data (see the Royal Society report). Other member states in WIPO, and particularly the USA, remain unconvinced of the need for an international treaty on databases; many Member States are lukewarm at best. It is time for the Commission to acknowledge that the Database Directive was a mistake, and repeal it.

(24) The European project is often criticised by `Eurosceptics' who argue that the European Parliament is dysfunctional, because none of its legislation has ever been repealed. The Database Directive provides an excellent opportunity to confound these doubters. The principles of subsidiarity and proportionality, discussed above, require the Commission to provide evidence to support legislation, and to review, amend or repeal as appropriate in the light of the evidence. In our view the case for repeal is clear.