The Directive， unless otherwise provided， applies without prejudice to existing provisions relating to： the legal protection of computer programs； rental and lending rights and certain rights related to copyright in the field of intellectual property； copyright and related rights applicable to broadcasting of programs by satellite and cable retransmission； the term of protection of copyright and certain related rights； the legal protection of databases.
As far as we can deduce from recitals section and Articles， the Directive deals with the harmonization of the three main exclusive rights： reproduction rights， the right of communication and distribution rights. It also includes a thorough list of exceptions and limitations to copyright law.Additionally，the Directive introduces themost controversial obligation for Member States， that is to provide adequate legal protection against“hacking”or other disabling of that“anti-copying”devices and other equipment used to protect copyright when works are published digitally.With regard to reproduction rights， Member States are to provide for the exclusive right to authorize or prohibit direct or indirect， temporary or permanent reproduction by any means and in any form， in whole or in part：
（ 1） for authors， of the original and copies of their works；
（ 2） for performers， of fixations of their performances；
（ 3） for phonogram producers， of their phonograms；
（ 4） for the producers of the first fixation of films， in respect of the original and copies of their films；
（ 5） for broadcasting organizations， of fixations of their broadcasts， whether those broadcasts are transmitted by wire or over the air， including by cable or satellite.
With regard to the right of communication， Member States are to provide authors with the exclusive right to authorize or exclude any communication to the public of the originals and copies of their works， including the making available to the public of their works in such a way that members of the public may access them from a place and at a time individually chosen by them. With regard to distribution rights， the Directive harmonizes for authors the exclusive right of distribution to the public of their works or copies thereof. The Directive specifies that， the distribution right is exhausted where the first sale or other transfer of ownership in the Community of a copy is made by the rightholder or with his consent.
Therefore， accordingly to the WIPO Copyright Treaty， the Directive states that， in the context of on-line distribution， the exhaustion concept is totally eliminated. Thus， for on-line distribution， unlike distribution of tangible goods， a new basis of the exhaustion principle is introduced. This new kind of distribution is regulated through the right of communication to the public and considered as a service. The result is a restriction to resell digitally distributed content， because the application of the principle of exhaustion to digital works is restricted by license agreements. The primary intent behind these licenses is to characterize the“purchase”of digital content as a grant of a license instead of a sale that transfers ownership.
perplexity /p pleksiti /n.困惑；混乱
circumventionn.规避；绕行；陷害
phonogram / f un gr m/n.音标符号；录音片；语音图；形声字
encryption /in krip n/n.加密；加密术
miscellaneous / misi leinj s/adj.混杂的，各种各样的；多方面的，多才多艺的
ephemeral /i fem r l /adj.短暂的；朝生暮死的
exemption /ig zemp n/n.免除，豁免；免税
transpose /tr ns p uz/vt.移项；调换；颠倒顺序vi.进行变换
prejudice / pred udis/n.偏见；侵害vt.使有偏见；损害
transfer /tr ns/vt.转让；调任；传递；使转移n.转移；转让；过户；传递
brute force强制，暴力
wi th regard to关于；至于
i n respect of关于，涉及
l egalrem edy法律救济
i n the di gi talage在数字化时代
copyri ght i nfri ngem entl i abi l i ty侵犯版权责任
1.orld Intellectual Property Organization （WIPO，世界知识产权组织）： The WIPO is ne of the16 specialized agencies of the United Nations. The WIPO was created in 1967“to encourage creative activity，to promote the protection of intellectual property hroughout the world”.
2. Digital Millennium Copyright Act （DMCA，《千年数字化版权法案》）： The DMCA is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization （ WIPO ） .It criminalizes production and dissemination of technology， devices， or services intended to circumvent measures （ commonly known as digital rights management or DRM） that control access to copyrighted works. It also criminalizes the act of circumventing an access control， whether or not there is actual infringement of copyright itself. In addition， the DMCA heightens the penalties for copyright infringement on theInternet. Passed on October 12， 1998 by a unanimous vote in the United States Senate and signed into law by former President Bill Clinton on October 28， 1998， the DMCA amended Title17 of the United States Code to extend the reach of copyright， while limiting the liability of the providers of on-line services for copyright infringement by their users.
3. European Copyright Directive （officially the Directive 2001/29/EC of the European arliament and of the Council of 22 May 2001 on the harmonisation of certain spects of copyright and related rights in the information society and sometimes nown as the Information Society Directive ，《欧洲版权宣告》）： The European opyright Directive is a directive of the European Union enacted to implement the WIPO opyright Treaty， to which the European Union is a party. It was enacted under the nternal market provisions of the Treaty of Rome.
