Brussels, 31 October 2018
Interinstitutional files:
2016/0280(COD)
WK 13152/2018 INIT
LIMITE
PI
CODEC
RECH
EDUC
COMPET
AUDIO
CULT
DIGIT
TELECOM
WORKING PAPER
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INFORMATION
From:
Presidency
To:
Delegations
N° prev. doc.:
12513/18, 12128/18
N° Cion doc.:
12254/16 + ADD1 + ADD2 + ADD3 + ADD4
Subject:
Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL on copyright in the Digital Single Market
- 4-column table of second trilogue
For information purposes, delegations will find attached version 2 of the 4-column table on the Articles of
the Copyright in the DSM Directive that constituted the basis of discussions at the second trilogue held in
Strasbourg on 25 October 2018.
This table was prepared before the trilogue and does therefore not contain the outcome of the trilogue.
The results of the trilogue will be communicated to delegations by way of a separate document.
WK 13152/2018 INIT
LIMITE
EN
Version 2
23/10/2018
Proposal for a Directive of the European Parliament and of the Council
on copyright in the Digital Single Market
COM (2016) 593 final - 2016/0280 (COD)
PART 2: ARTICLES
Cell in green: The text can be deemed as already agreed
Cell in yellow: The issue needs further discussion at technical level
Cell in red: The issue needs further discussion in depth at the trilogue meetings
Note:
Differences between the EP's position and the Commission's proposal are highlighted in bold /italic. Deletions are marked with
strikethrough.
Differences between the Council's position and the Commission's proposal are highlighted in bold/underlined.
Deletions are marked with strikethrough.
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105.
TITLE I
TITLE I
TITLE I
GENERAL PROVISIONS GENERAL PROVISIONS GENERAL PROVISIONS
106.
Art.1,
Article 1
Article 1
Article 1
title
Subject matter and scope
Subject matter and scope
Subject matter and scope
107.
Art. 1, para 1 1.
This Directive lays 1. This Directive lays
1.
This Directive lays
down rules which aim at
down rules which aim at
down rules which aim at
further harmonising the
further harmonising the
further harmonising the
Union law applicable to
Union law applicable to
Union law applicable to
copyright and related rights copyright and related rights copyright and related rights
in the framework of the
in the framework of the
in the framework of the
internal market, taking into internal market, taking into internal market, taking into
account in particular digital account in particular digital account in particular digital
and cross-border uses of
and cross-border uses of
and cross-border uses of
protected content. It also
protected content. It also
protected content. It also
lays down rules on
lays down rules on
lays down rules on
exceptions and limitations, exceptions and limitations, exceptions and limitations,
on the facilitation of
on the facilitation of
on the facilitation of
licences as well as rules
licences as well as rules
licences as well as rules
aiming at ensuring a well-
aiming at ensuring a well-
aiming at ensuring a well-
functioning marketplace for functioning marketplace for functioning marketplace for
the exploitation of works
the exploitation of works
the exploitation of works
and other subject-matter.
and other subject-matter.
and other subject-matter.
108.
Art. 1, para 2 2.
Except in the cases 2. Except in the cases
2.
Except in the cases
referred to in Article 6, this referred to in Article 6, this referred to in Article 6
17,
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Directive shall leave intact Directive shall leave intact this Directive shall leave
and shall in no way affect
and shall in no way affect
intact and shall in no way
existing rules laid down in existing rules laid down in affect existing rules laid
the Directives currently in
the Directives currently in
down in the Directives
force in this area, in
force in this area, in
currently in force in this
particular Directives
particular Directives
area, in particular
96/9/EC, 2001/29/EC,
96/9/EC
, 2000/31/EC,
Directives 96/9/EC,
2006/115/EC, 2009/24/EC, 2001/29/EC, 2006/115/EC,
2000/31/EC, 2001/29/EC,
2012/28/EU and
2009/24/EC, 2012/28/EU
2006/115/EC, 2009/24/EC,
2014/26/EU.
and 2014/26/EU.
2012/28/EU and
2014/26/EU.
109.
Art. 2, title
Article 2
Article 2
Article 2
Article 2
Definitions
Definitions
Definitions
Definitions
110.
Art. 2,
For the purposes of this
For the purposes of this
For the purposes of this
For the purposes of this
introductory Directive, the following
Directive, the following
Directive, the following
Directive, the following
part
definitions shall apply:
definitions shall apply:
definitions shall apply:
definitions shall apply:
111.
Art. 2, para
(1)
‘research
(1) ‘research organisation’ (1)
‘research
(1) ‘research organisation’
1,
organisation’ means a
means a university
,
organisation’ means a
means a university,
introductory university, a research
including its libraries, a
university, a research
including its libraries, a
part
institute or any other
research institute or any
institute or any other
research institute or any
organisation the primary
other organisation the
organisation
an entity, the
other
entity the primary
goal of which is to conduct primary goal of which is to primary goal of which is to goal of which is to conduct
scientific research or to
conduct scientific research conduct scientific research scientific research
or to
conduct scientific research or to conduct scientific
or to conduct scientific
carry out educational
research and provide
activities involving also
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and provide educational
research and provide
educational services:
the conduct of scientific
services:
educational services:
involving also the conduct research:
of scientific research:
112.
Art. 2, para
(a)
on a non-for-profit (a)
on a non-for-profit (a)
on a non-for-profit
(a)
on a non-for-profit
1, point (a)
basis or by reinvesting all
basis or by reinvesting all
basis or by reinvesting all basis or by reinvesting all
the profits in its scientific
the profits in its scientific
the profits in its scientific the profits in its scientific
research; or
research; or
research; or
research; or
113.
Art. 2, para
(b)
pursuant to a public (b)
pursuant to a public (b)
pursuant to a public (b)
pursuant to a public
1, point (b)
interest mission recognised interest mission recognised interest mission recognised interest mission recognised
by a Member State;
by a Member State;
by a Member State;
by a Member State;
114.
Art. 2, para
in such a way that the
in such a way that the
in such a way that the
in such a way that the
1, closing
access to the results
access to the results
access to the results
access to the results
phrase
generated by the scientific generated by the scientific generated by the scientific generated by the scientific
research cannot be enjoyed research cannot be enjoyed research cannot be enjoyed research cannot be enjoyed
on a preferential basis by
on a preferential basis by
on a preferential basis by
on a preferential basis by
an undertaking exercising a an undertaking exercising a an undertaking exercising a an undertaking exercising a
decisive influence upon
significant influence upon decisive influence upon
[
significant/decisive]
such organisation;
such organisation;
such organisation;
influence upon such
organisation;
115.
Art. 2, para 2 (2)
‘text and data
(2) 'text and data mining'
(2)
‘text and data
(2) ‘text and data mining’
mining’ means any
means any automated
mining’ means any
means any automated
automated analytical
analytical technique
which automated analytical
analytical technique aiming
technique aiming to
analyses works and other
technique aiming to
to analyse text and data
in
analyse text and data in
subject matter in digital
analyse text and data in
digital form in order to
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digital form in order to
form in order to generate
digital form in order to
generate information
,
generate information such
information
, including, but generate information such
including, but not limited
as patterns, trends and
not limited to, patterns,
as patterns, trends and
to, patterns, trends and
correlations;
trends and correlations
.
correlations;
correlations;
116.
Art. 2, para 3 (3)
‘cultural heritage
(3)
‘cultural heritage
(3)
‘cultural heritage
(3)
‘cultural heritage
institution’ means a
institution’ means a
institution’ means a
institution’ means a
publicly accessible library
publicly accessible library
publicly accessible library
publicly accessible library
or museum, an archive or a or museum, an archive or a or museum, an archive or a or museum, an archive or a
film or audio heritage
film or audio heritage
film or audio heritage
film or audio heritage
institution;
institution;
institution;
institution;
117.
Art. 2, para 4 (4)
‘press publication’
(4) ‘press publication’
(4)
‘press publication’
means a fixation of a
means a fixation
by
means a fixation of a
collection of literary works
publishers or news
collection
composed
of a journalistic nature,
agencies of a collection of
mainly of literary works of
which may also comprise
literary works of a
a journalistic nature, which
other works or subject-
journalistic nature, which
:
matter and constitutes an
may also comprise other
individual item within a
works or subject-matter
[remaining part of this
periodical or regularly-
and constitutes an
pargraph was split up in
updated publication under a individual item within a
points (a) to (d) - see
single title, such as a
periodical or regularly-
following rows 118-121]
newspaper or a general or
updated publication under a
special interest
single title, such as a
magazine, having the
newspaper or a general or
purpose of providing
special interest magazine,
information related to news having the purpose of
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or other topics and
providing information
published in any media
related to news or other
under the initiative,
topics and published in any
editorial responsibility and media under the initiative,
control of a service
editorial responsibility and
provider.
control of a service
provider.
Periodicals
which are published for
scientific or academic
purposes, such as
scientific journals, shall
not be covered by this
definition;
118.
Art. 2, para
(a)
may also
4, point (a)
comprise
include other
works or subject-matter
and
;
[See Article 2(4) of COM
proposal and of EP text
(row 117)]
119.
Art. 2, para
(b)
constitutes an
4, point (b)
individual item within a
periodical or regularly-
updated publication under a
single title, such as a
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newspaper or a general or
special interest magazine,
;
[See Article 2(4) of COM
proposal and of EP text
(row 117)]
120.
Art. 2, para
(c)
has having
the
4, point (c)
purpose of providing
the
general public with
information related to news
or other topics
; and
[See Article 2(4) of COM
proposal and of EP text
(row 117)]
121.
Art. 2, para
(d)
is published in any
4, point (d)
media under the initiative,
editorial responsibility and
control of a service
provider.
;
[See Article 2(4) of COM
proposal and of EP text
(row 117)]
122.
Art. 2, para
(4a) ‘out of commerce
4a,
work’ means:
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introductory
part
123.
Art. 2, para
(a) an entire work or
4a, point (a)
other subject matter in any
version or manifestation
that is no longer available
to the public in a Member
State through customary
channels of commerce;
124.
Art. 2, para
(b) a work or other
4a, point (b)
subject matter that has
never been in commerce in
a Member State, unless,
from the circumstances of
that case, it is apparent
that its author objected to
making it available to the
public;
125.
Art. 2,
(4b) ‘online content
(5)
‘online content
para 4b
sharing service provider’
sharing service provider’
(EP)/para 5
means a provider of an
means a provider of an
(Council)
information society service information society
service whose main or one
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one of the main purposes
of the main purposes is to
of which is to store and
store and give the public
give access to the public to access to a large amount
a significant amount of
of works or other subject-
matter uploaded by its
copyright protected works users which it organises
or other protected subject- and promotes for profit-
matter uploaded by its
making purposes.
users, which the service
Providers of services such
optimises and promotes for as non-for-profit online
profit making purposes.
encyclopaedias, non-for-
Microenterprises and
profit educational and
small-sized enterprises
scientific repositories,
within the meaning of
non-for-profit open
Title I of the Annex to
source software
developing platforms, as
Commission
well as internet access
Recommendation
service providers, online
2003/361/EC and services marketplaces and
acting in a non-
providers of cloud
commercial purpose
services which allow
capacity such as online
users, including
encyclopaedia, and
businesses for their
internal purposes, to
providers of online
upload content for their
services where the content own use shall not be
is uploaded with the
considered online content
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authorisation of all right
sharing service providers
holders concerned, such
within the meaning of this
as educational or scientific Directive;
repositories, shall not be
considered online content
sharing service providers
within the meaning of this
Directive. Providers of
cloud services for
individual use which do
not provide direct access to
the public, open source
software developing
platforms, and online
market places whose main
activity is online retail of
physical goods, should not
be considered online
content sharing service
providers within the
meaning of this Directive;
126.
Art. 2,
(4c) ‘information society
(6) ‘information society
para 4c
service’ means a service
service’ means a service
within the meaning of
within the meaning of
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(EP)/para 6
point (b) of Article 1(1) of Article 1(1)(b) of
(Council)
Directive (EU) 2015/1535 Directive (EU) 2015/1535.
of the European
Parliament and of the
Council1a;
___________
1a Directive (EU)
2015/1535 of the
European Parliament and
of the Council of 9
September 2015 laying
down a procedure for the
provision of information
in the field of technical
regulations and of rules
on Information Society
services (OJ L 241,
17.9.2015, p. 1).
127.
Art. 2, para
(4d) ‘automated image
4d
referencing service’ means
any online service which
reproduces or makes
available to the public for
indexing and referencing
purposes graphic or art
works or photographic
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works collected by
automated means via a
third-party online service.
128.
TITLE II
TITLE II
TITLE II
MEASURES TO ADAPT MEASURES TO ADAPT MEASURES TO ADAPT
EXCEPTIONS AND
EXCEPTIONS AND
EXCEPTIONS AND
LIMITATIONS TO THE
LIMITATIONS TO THE
LIMITATIONS TO THE
DIGITAL AND CROSS-
DIGITAL AND CROSS-
DIGITAL AND CROSS-
BORDER
BORDER
BORDER
ENVIRONMENT
ENVIRONMENT
ENVIRONMENT
129.
Art. 3,
Article 3
Article 3
Article 3
Article 3
Text and data mining for
title
Text and data mining
Text and data mining
the purposes of scientific
Text and data mining for
research
the purposes of scientific
research
130.
Art. 3, para 1 1.
Member States
1. Member States shall
1.
.Member States
1. Member States shall
shall provide for an
provide for an exception to shall provide for an
provide for an exception to
exception to the rights
the rights provided for in
exception to the rights
the rights provided for in
provided for in Article 2 of Article 2 of Directive
provided for in Article 2 of Article 2 of Directive
Directive 2001/29/EC,
2001/29/EC, Articles 5(a)
Directive 2001/29/EC,
2001/29/EC, Articles 5(a)
Articles 5(a) and 7(1) of
and 7(1) of Directive
Articles 5(a) and 7(1) of
and 7(1) of Directive
Directive 96/9/EC and
96/9/EC and Article 11(1)
Directive 96/9/EC and
96/9/EC and Article 11(1)
Article 11(1) of this
of this Directive for
Article 11(1) of this
of this Directive for
Directive for reproductions reproductions and
Directive for reproductions reproductions and
and extractions made by
extractions made by
and extractions made by
extractions made by
research organisations in
research organisations in
research organisations
and research organisations
and
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order to carry out text and
order to carry out text and
cultural heritage
cultural heritage
data mining of works or
data mining of works or
institutions in order to
institutions in order to
other subject-matter to
other subject-matter to
carry out text and data
carry out text and data
which they have lawful
which
they have lawful
mining of works or other
mining of works or other
access for the purposes of
access
research
subject-matter to which
subject-matter to which
scientific research.
organisations have lawful they have lawful access
, for they have lawful access
, for
access and made in order
the purposes of scientific
the purposes of scientific
to carry out text and data
research.
research.
mining for the purposes of
scientific research
by such
organisations.
[EP asks for the inclusion
Member States shall
of the elements contained
provide for educational
in the second
establishments and
subparagraph of Article
cultural heritage
3(1) of EP version, in
institutions conducting
particular “the results
scientific research within
generated by the scientific
the meaning of point (1)(a)
research cannot be enjoyed
or (1)(b) of Article 2, in
on a preferential basis by
such a way that the access
an undertaking exercising
to the results generated by
a decisive influence upon
the scientific research
such organisations”]
cannot be enjoyed on a
preferential basis by an
undertaking exercising a
decisive influence upon
such organisations, to also
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be able to benefit from the
exception provided for in
this Article.
131.
Art. 3, para
1a.
Reproductions and 1a. Copies of works or
1a. Copies of works or
1a
extractions made for text
other subject-matter
other subject-matter made
and data mining purposes
made in compliance
in compliance with
shall be stored in a secure
with paragraph 1 shall paragraph 1 shall be
manner, for example by
be stored with an
stored with an appropriate
trusted bodies appointed
appropriate level of
level of security and may
for this purpose.
security and not be
be retained for the
retained for longer
purposes of scientific
than necessary for
research, including for the
achieving the purposes verification of research
of scientific research.
results.
[final part to be discussed
further at political level]
132.
Art. 3, para 2 2.
Any contractual
2.
Any contractual
2.
[Moved to Article 6(1)] [Moved to Article 6(1)]
provision contrary to the
provision contrary to the
exception provided for in
exception provided for in
paragraph 1 shall be
paragraph 1 shall be
unenforceable.
unenforceable.
[See Council’s Article 6(1)
(row 155)]
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133.
Art. 3, para 3 3.
Rightholders shall
3.
Rightholders shall
3.
Rightholders shall
3.
Rightholders shall
be allowed to apply
be allowed to apply
be allowed to apply
be allowed to apply
measures to ensure the
measures to ensure the
measures to ensure the
measures to ensure the
security and integrity of the security and integrity of the security and integrity of the security and integrity of the
networks and databases
networks and databases
networks and databases
networks and databases
where the works or other
where the works or other
where the works or other
where the works or other
subject-matter are hosted.
subject-matter are hosted.
subject-matter are hosted.
subject-matter are hosted.
Such measures shall not go Such measures shall not go Such measures shall not go Such measures shall not go
beyond what is necessary
beyond what is necessary
beyond what is necessary
beyond what is necessary
to achieve that objective.
to achieve that objective.
to achieve that objective.
to achieve that objective.
134.
Art. 3, para 4 4.
Member States
4.
Member States shall 4.
Member States shall
[To be discussed further at
shall encourage
encourage rightholders and encourage rightholders and
, political level;
rightholders and research
research organisations to
research organisations
and EP to confirm position on
organisations to define
define commonly-agreed
cultural heritage
institutions to define
keeping the reference to
commonly-agreed best
best practices concerning
commonly-agreed best
“best practices”
practices concerning the
the application of the
practices concerning the
application of the measures measures referred to in
application of the
Relation with existing
referred to in paragraph 3.
paragraph 3.
may continue obligation and measures
exceptions under InfoSoc
to provide text and data
referred to
respectively in
Directive to be discussed
mining exceptions in
paragraph
s 1a and 3.
further at political level in
accordance with point (a)
context with (new) Article
of Article 5(3) of Directive
17a (row 306)]
2001/29/EC.
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135.
Art. 3a, title
Article 3a
Article 3a
Article 3a
Optional exception or
Optional exception or
Optional exception or
limitation for text and data limitation for text and data limitation for text and data
mining
mining
mining
136.
Art. 3a, para
1.
Without prejudice 1.
Without prejudice 1. Without prejudice to
1
to Article 3 of this
to Article 3 of this
Article 3 of this Directive,
Directive, Member States
Directive Member States Member States may
may provide for an
may provide for an
exception or a limitation
provide for an exception
exception or a limitation to to the rights provided for or a limitation to the rights
the rights provided for in
in Article 2 of Directive
provided for in Article 2 of
Article 2 of Directive
2001/29/EC, Articles 5(a) Directive 2001/29/EC,
2001/29/EC, Articles 5(a)
and 7(1) of Directive
Articles 5(a) and 7(1) of
and 7(1) of Directive
96/9/EC and Article 11(1) Directive 96/9/EC and
96/9/EC and Article 11(1) of this Directive for
Article 11(1) of this
of this Directive for
temporary reproductions
and extractions of
Directive for [temporary]
reproductions and
lawfully accessible works reproductions and
extractions of lawfully
and other subject-matter extractions of lawfully
accessible works and other that form a part of the
accessible works and other
subject-matter that form a process of text and data
subject-matter that form a
part of the process of text
mining.
part of the process of text
and data mining, provided
and data mining.
that the use of works and
other subject matter
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referred to therein has not
[Introduction of the term
been expressly reserved by
“temporary” to be
their rightholders,
discussed at political level;
including by machine
COM suggestion to turn
readable means.
the optional exception into
a mandatory one by
replacing “may provide”
by “shall provide” to be
discussed at political level]
137.
Art. 3a, para
2.
Reproductions and
[To be discussed at
2 (EP)
extractions made pursuant
political level. The
to paragraph 1 shall not be
discussion on this row is
used for purposes other
also linked to the
than text and data mining.
discussion on “temporary”
in row 136.]
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138.
Art. 3a, para
2.
The exception or
2.
The exception or
2 (Council)
limitation provided for in limitation provided for in
paragraph 1 shall apply
paragraph 1 shall apply
provided that the use of
provided that the use of
works and other subject
works and other subject
matter referred to therein matter referred to therein
has not been expressly
has not been expressly
reserved by their
reserved by their
rightholders including by rightholders in an
technical means.
appropriate manner, such
[See para. 1 of EP text
as machine readable
means.
(row 136)]
[To be further discussed at
political level, together
with the suggested
compromise wording of
recital (13a), row 28]
139.
Art. 3a, para
3.
Member States may
[To be discussed further at
3
continue to provide text
political level in context
and data mining
with (new) Article 17a (row
exceptions in accordance
306)]
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with point (a) of Article 5
(3) of Directive
2001/29/EC.
140.
Art. 4,
Article 4
Article 4
Article 4
Article 4
title
Use of works and other
Use of works and other
Use of works and other
Use of works and other
subject-matter in digital
subject-matter in digital
subject-matter in digital
subject-matter in digital
and cross-border teaching and cross-border teaching and cross-border teaching and cross-border teaching
activities
activities
activities
activities
141.
Art. 4, para 1 1.
Member States
1.
Member States
1.
Member States shall 1.Member States shall
shall provide for an
shall provide for an
provide for an exception or provide for an exception or
exception or limitation to
exception or limitation to
limitation to the rights
limitation to the rights
the rights provided for in
the rights provided for in
provided for in Articles 2
provided for in Articles 2
Articles 2 and 3 of
Articles 2 and 3 of
and 3 of Directive
and 3 of Directive
Directive 2001/29/EC,
Directive 2001/29/EC,
2001/29/EC, Articles 5(a
), 2001/29/EC, Articles 5(a),
Articles 5(a) and 7(1) of
Articles 5(a) and 7(1) of
(b), (d) and
(e) and Article (b), (d) and (e) and 7(1) of
Directive 96/9/EC, Article Directive 96/9/EC, Article 7(1) of Directive 96/9/EC, Directive 96/9/EC, Article
4(1) of Directive
4(1) of Directive
Article 4(1
)(a) and (b) of
4(1)
(a) and (b) of Directive
2009/24/EC and Article
2009/24/EC and Article
Directive 2009/24/EC and
2009/24/EC and Article
11(1) of this Directive in
11(1) of this Directive in
Article 11(1) of this
11(1) of this Directive in
order to allow for the
order to allow for the
Directive in order to allow order to allow the digital
digital use of works and
digital use of works and
for the digital use of works use of works and other
other subject-matter for the other subject-matter for the and other subject-matter for subject-matter for the sole
sole purpose of illustration sole purpose of illustration the sole purpose of
purpose of illustration for
for teaching, to the extent
for teaching, to the extent
illustration for teaching, to teaching, to the extent
justified by the non-
justified by the non-
the extent justified by the
justified by the non-
commercial purpose to be
commercial purpose to be
non-commercial purpose to commercial purpose to be
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achieved, provided that the achieved, provided that the be achieved, provided that achieved, provided that
use:
use:
the
such use:
such use:
[To be discussed together
with recital (16), row 32]
142.
Art. 4, para
(a)
takes place on the
(a)
takes place on the
(a)
takes place
(a) takes place
under the
1, point (a)
premises of an educational premises of an educational on
under the premises
responsibility of an
establishment or through a establishment
, or in any
responsibility of an
educational establishment,
secure electronic network
other venue in which the
educational establishment
, on its premises or other
accessible only by the
teaching activity takes
on its premises or other
venues, or through a secure
educational establishment's
place under the
venues, or through a secure electronic
environment
pupils or students and
responsibility of the
electronic network
accessible only by the
teaching staff;
educational establishment, accessible only by the
educational establishment's
or through a secure
educational establishment's pupils or students and
electronic network
pupils or students and
teaching staff;
and
environment accessible
teaching staff;
and
only by the educational
establishment's pupils or
[To be discussed together
students and teaching staff;
with recital (16a) of
Council’s text and new
Article 17a]
143.
Art. 4, para
(b)
is accompanied by
(b)
is accompanied by (b)
is accompanied by
(b) is accompanied by the
1, point (b)
the indication of the source, the indication of the source, the indication of the source, indication of the source,
including the author's
including the author's
including the author's
including the author's
name, unless this turns out
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name, unless this turns out to be impossible
for
name, unless this turns out name, unless this turns out
to be impossible.
reasons of practicability.
to be impossible.
to be impossible.
144.
Art. 4, para
2.
Member States may 2.
Member States may 2.
Notwithstanding
2.
Notwithstanding Article
2, sub-para 1 provide that the exception
provide that the exception
Article 6(1), Member
6(1), Member States may
adopted pursuant to
adopted pursuant to
States may provide that the provide that the exception
paragraph 1 does not apply paragraph 1 does not apply exception adopted pursuant adopted pursuant to
generally or as regards
generally or as regards
to paragraph 1 does not
paragraph 1 does not apply
specific types of works or
specific types of works or
apply generally or as
generally or as regards
other subject-matter, to the other subject-matter,
such
regards specific
uses or
specific
uses or types of
extent that adequate
as material which is
types of works or other
works or other subject-
licences authorising the
primarily intended for the subject-matter, to the extent matter,
such as material
acts described in paragraph
educational market or
that adequate licences
which is primarily
1 are easily available in the
sheet music, to the extent
covering the needs of
intended for the
market.
that adequate licences
educational
educational market or
licencing agreements
establishments and
sheet music, to the extent
authorising the acts
authorising the acts
that
suitable licences
described in paragraph 1
described in paragraph 1
authorising the acts
and tailored to the needs
are easily available in the
described in paragraph 1
and specificities of
market.
covering the needs and
educational establishments
specificities of educational
are easily available in the
establishments are easily
market.
available in the market.
[To be further discussed at
political level, together
with recital (17), row 35]
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145.
Art. 4, para
Member States availing
Member States availing
Member States availing
[To be further discussed at
2, sub-para 2 themselves of the provision themselves of the provision themselves of the provision
political level]
of the first subparagraph
of the first subparagraph
of the first subparagraph
shall take the necessary
shall take the necessary
shall take the necessary
measures to ensure
measures to ensure
measures to ensure
appropriate availability and appropriate availability and appropriate availability and
visibility of the licences
visibility of the licences
visibility of
that
authorising the acts
authorising the acts
rightholders make the
described in paragraph 1
described in paragraph 1
licences authorising the
for educational
for educational
acts described in paragraph
establishments.
establishments.
1
available and visible for
educational establishments.
146.
Art. 4, para 3 3.
The use of works
3.
The use of works
3.
The use of works
3. The use of works and
and other subject-matter for and other subject-matter for and other subject-matter
other subject-matter for the
the sole purpose of
the sole purpose of
for the sole purpose of
sole purpose of illustration
illustration for teaching
illustration for teaching
illustration for teaching
for teaching through secure
through secure electronic
through secure electronic
through secure electronic
electronic
environments
networks undertaken in
networks
environments
networks undertaken in
undertaken in compliance
compliance with the
undertaken in compliance
compliance with the
with the provisions of
provisions of national law
with the provisions of
provisions of national law
national law adopted
adopted pursuant to this
national law adopted
adopted pursuant to this
pursuant to this Article
Article shall be deemed to
pursuant to this Article
Article shall be deemed to shall be deemed to occur
occur solely in the Member shall be deemed to occur
occur solely in the Member solely in the Member State
State where the educational solely in the Member State State where the educational where the educational
establishment is
where the educational
establishment is
establishment is
established.
established.
established.
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establishment is
[Discuss together with
established.
recital (16a) Council’s text,
row 33]
147.
Art. 4, para 4 4.
Member States may 4.
Member States
4.
Member States may
[To be further discussed at
provide for fair
may provide for fair
provide for fair
political level]
compensation for the harm compensation for the harm compensation for the harm
incurred by the rightholders incurred by the rightholders incurred by the
to
due to the use of their
due to the use of their
rightholders due to the use
[Council proposes to have
works or other subject-
works or other subject-
of their works or other
reference to “harm” in a
matter pursuant to
matter pursuant to
subject-matter pursuant to
recital, see recital (17a) of
paragraph 1.
paragraph 1.
paragraph 1.
Council’s text, row 36]
148.
Art. 4, para
4a.
Without prejudice
[Reference to contractual
4a
to paragraph 2, any
override to be moved under
contractual provision
Article 6(1);
contrary to the exception
or limitation adopted
Reference to royalty-free
pursuant to paragraph 1
licences to be further
shall be unenforceable.
discussed at political level]
Member States shall
ensure that rightholders
have the right to grant
royalty-free licences
authorising the acts
described in paragraph 1,
generally or as regards
specific types of works or
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other subject-matter that
they may choose.
[See Council’s Article 6(1)
(row 155)]
149.
Art. 5, title
Article 5
Article 5
Article 5
Article 5
Preservation of cultural
Preservation of cultural
Preservation of cultural
Preservation of cultural
heritage
heritage
heritage
heritage
150.
Art. 5, [para Member States shall
1.
Member States shall Member States shall
Member States shall
1 (EP)]
provide for an exception to provide for an exception to provide for an exception to provide for an exception to
the rights provided for in
the rights provided for in
the rights provided for in
the rights provided for in
Article 2 of Directive
Article 2 of Directive
Article 2 of Directive
Article 2 of Directive
2001/29/EC, Articles 5(a)
2001/29/EC, Articles 5(a)
2001/29/EC, Articles 5(a)
2001/29/EC, Articles 5(a)
and 7(1) of Directive
and 7(1) of Directive
and 7(1) of Directive
and 7(1) of Directive
96/9/EC, Article 4(1)(a) of 96/9/EC, Article 4(1)(a) of 96/9/EC, Article 4(1)(a) of 96/9/EC, Article 4(1)(a) of
Directive 2009/24/EC and
Directive 2009/24/EC and
Directive 2009/24/EC and
Directive 2009/24/EC and
Article 11(1) of this
Article 11(1) of this
Article 11(1) of this
Article 11(1) of this
Directive, permitting
Directive, permitting
Directive, permitting
Directive, permitting
cultural heritage
cultural heritage
cultural heritage
cultural heritage
institutions, to make copies institutions to make copies institutions, to make copies institutions to make copies
of any works or other
of any works or other
of any works or other
of any works or other
subject-matter that are
subject-matter that are
subject-matter that are
subject-matter that are
permanently in their
permanently in their
permanently in their
permanently in their
collections, in any format
collections, in any format
collections, in any format
collections, in any format
or medium, for the sole
or medium, for the sole
or medium, for the sole
or medium, for
purposes of
purpose of the preservation purpose
purposes of
purpose of the preservation preservation of such works
of such works or other
preservation of such works of such works or other
or other subject-matter and
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subject-matter and to the
or other subject-matter and subject-matter and to the
to the extent necessary for
extent necessary for such
to the extent necessary for
extent necessary for such
such preservation.
preservation.
such preservation.
preservation.
151.
Art. 5, para
1a.
Member States
[To be further discussed at
1a
shall ensure that any
political level]
material resulting from an
act of reproduction of
material in the public
domain shall not be
subject to copyright or
related rights, provided
that such reproduction is a
faithful reproduction for
purposes of preservation
of the original material.
152.
Art. 5, para
1b.
Any contractual
[EP text moved to Article
1b
provision contrary to the
6(1)]
exception provided for in
paragraph 1 shall be
unenforceable.
[See Council’s Article 6(1)
(row 155)]
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153.
Art. 6,
Article 6
Article 6
Article 6
Article 6
title
Common provisions
Common provisions
Common provisions
Common provisions
154.
Art. 6, para 1
1.
Accessing content
To be discussed further at
(EP)
covered by an exception
political level
provided for in this
Directive shall not confer
on users any entitlement to
use it pursuant to another
exception.
155.
Art. 6, para 1
1.
Any contractual
1. Any contractual
(Council)
provision contrary to the
provision contrary to the
exceptions provided for in
exceptions provided for in
Articles 3, 4(1) and 5 shall
Articles 3, 4 and 5 shall be
be unenforceable.
unenforceable.
[See Article 3(2) of the
COM proposal and
Parliament’s Articles 3(2)
and 4(4a) and 5(1b)]
156.
Art. 6, para 2 Article 5(5) and the first,
2.
Article 5(5) and the
2.
Article 5(5) and
2. Article 5(5) of Directive
third and fifth
first, third
, fourth and fifth the
of Directive
2001/29/EC shall apply to the
subparagraphs of Article
subparagraphs of Article
2001/29/EC shall apply to exceptions and the limitation
6(4) of Directive
6(4) of Directive
the exceptions and the
provided for under this Title.
2001/29/EC shall apply to
2001/29/EC shall apply to
limitation provided for
The first, third and fifth
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the exceptions and the
the exceptions and the
under this Title. The first, subparagraphs of Article 6(4)
limitation provided for
limitation provided for
third and fifth
of Directive 2001/29/EC shall
under this Title.
under this Title.
subparagraphs of Article
apply to Articles 3, 4 and 5 of
6(4) of Directive
this Directive.
2001/29/EC shall apply to
[EP agrees to drop
the exceptions
Articles 3,
reference to the fourth
4(1) and the limitation
subparagraph of Article
provided for under
5 of this
6(4) of Directive
Title
Directive.
2001/29/EC;
EP: to be left open until
discussions on Article 7
finalise]
157.
TITLE III
TITLE III
TITLE III
MEASURES TO
MEASURES TO
MEASURES TO
IMPROVE LICENSING
IMPROVE LICENSING
IMPROVE LICENSING
PRACTICES AND
PRACTICES AND
PRACTICES AND
ENSURE WIDER
ENSURE WIDER
ENSURE WIDER
ACCESS TO CONTENT
ACCESS TO CONTENT
ACCESS TO CONTENT
158.
CHAPTER 1
CHAPTER 1
CHAPTER 1
Out-of-commerce works
Out-of-commerce works
Out-of-commerce works
159.
Art. 7, title
Article 7
Article 7
Article 7
Use of out-of-commerce
Use of out-of-commerce
Use of out-of-commerce
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works by cultural heritage works by cultural heritage works by cultural heritage
institutions
institutions
institutions
160.
Art. 7, para
1.
Member States
1.
Member States shall 1.
Member States shall
1,
shall provide that when a
provide that when a
provide that when a
introductory collective management
collective management
collective management
part
organisation, on behalf of
organisation, on behalf of
organisation, on behalf of
its members, concludes a
its members, concludes a
in accordance with its
non-exclusive licence for
non-exclusive licence for
members,
non-commercial purposes
non-commercial purposes
concludes
mandates, may
with a cultural heritage
with a cultural heritage
conclude a non-exclusive
institution for the
institution for the
licence for non-commercial
digitisation, distribution,
digitisation, distribution,
purposes with a cultural
communication to the
communication to the
heritage institution for the
public or making available public or making available digitisation
reproduction,
of out-of-commerce works of out-of-commerce works distribution,
or other subject-matter
or other subject-matter
communication to the
permanently in the
permanently in the
public or making available
collection of the institution, collection of the institution,
to the public of out-of-
such a non-exclusive
such a non-exclusive
commerce works or other
licence may be extended or licence may be extended or subject-matter permanently
presumed to apply to
presumed to apply to
in the collection of the
rightholders of the same
rightholders of the same
institution, such a non-
category as those covered
category as those covered
exclusive licence may be
by the licence who are not by the licence who are not extended or presumed to
represented by the
represented by the
apply to rightholders of the
same category as those
irrespective of whether all
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collective management
collective management
rightholders covered by
organisation, provided that: organisation, provided that: the licence who are not
represented by
have
mandated the collective
management organisation,
provided that:
161.
Art. 7, para
(a)
the collective
(a)
the collective
(a)
the collective
1, point (a)
management organisation
management organisation
management organisation
is, on the basis of mandates is, on the basis of mandates is, on the basis of mandates
from rightholders, broadly from rightholders, broadly from rightholders,
representative of
representative of
broadly
sufficiently
rightholders in the category rightholders in the category representative of
of works or other subject-
of works or other subject-
rightholders in the
matter and of the rights
matter and of the rights
category
relevant type of
which are the subject of the which are the subject of the works or other subject-
licence;
licence;
matter and of the rights
which are the subject of the
licence;
162.
Art. 7, para
(b)
equal treatment is
(b)
equal treatment is
(b)
equal treatment is
1, point (b)
guaranteed to all
guaranteed to all
guaranteed to all
rightholders in relation to
rightholders in relation to
rightholders in relation to
the terms of the licence;
the terms of the licence;
the terms of the licence;
163.
Art. 7, para
(c)
all rightholders may (c)
all rightholders may (c)
all rightholders may
1, point (c)
at any time object to their
at any time object to their
at any time object
works or other subject-
works or other subject-
to
exclude the possibility
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matter being deemed to be matter being deemed to be
for collective
out of commerce and
out of commerce and
management
exclude the application of
exclude the application of
organisations to license
the licence to their works
the licence to their works
their works or other
or other subject-matter.
or other subject-matter.
subject-matter being
deemed to be out of
commerce and
in
accordance with this
Article, either in general
or in specific cases, or
exclude the application of
the
any licence
granted in
accordance with this
Article to their works or
other subject-matter.
164.
Art. 7, para
1a.
Member States
1a
shall provide for an
exception or limitation to
the rights provided for in
Articles 2 and 3 of
Directive 2001/29/EC,
Articles 5(a) and 7(1) of
Directive 96/9/EC, Article
4(1) of Directive
2009/24/EC, and Article
11(1) of this Directive,
permitting cultural
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heritage institutions to
make copies available
online of out-of-commerce
works that are located
permanently in their
collections for not-for-
profit purposes, provided
that:
165.
Art. 7, para
(a)
the name of the
1a, point (a)
author or any other
identifiable rightholder is
indicated, unless this turns
out to be impossible;
166.
Art. 7, para
(b)
all rightholders
1a, point (b)
may at any time object to
their works or other
subject-matter being
deemed to be out of
commerce and exclude the
application of the
exception to their works or
other subject-matter.
167.
Art. 7, para
1b.
Member States
1b
shall provide that the
exception adopted
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pursuant to paragraph 1a
does not apply in sectors
or for types of works
where appropriate
licensing-based solutions,
including but not limited
to solutions provided for in
paragraph 1, are available.
Member States shall, in
consultation with authors,
other rightholders,
collective management
organisations and cultural
heritage institutions,
determine the availability
of extended collective
licensing-based solutions
for specific sectors or types
of works.
168.
Art. 7, para
2.
A work or other
2.
A work or other
2.
A work or other
2, sub-para 1 subject-matter shall be
subject-matter shall be
subject-matter shall be
deemed to be out of
deemed to be out of
deemed to be out-of-
commerce when the whole commerce when the whole commerce when
it can be
work or other subject-
work or other subject-
presumed in good faith
matter, in all its
matter, in all its
that the whole work or
translations, versions and
translations, versions and
other subject-matter, in all
manifestations, is not
manifestations, is not
its translations, versions
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available to the public
available to the public
and manifestations, is not
through customary
through customary
available to the public
channels of commerce and channels of commerce and through customary
cannot be reasonably
cannot be reasonably
channels of commerce and
expected to become so.
expected to become so.
cannot be reasonably
Member States may
expected to become so.
provide a cut-off date in
after a reasonable effort
relation to determining
is made to determine such
whether a work previously availability.
commercialised is deemed
to be out of commerce.
[See definition of out-of-
commerce work in
Parliament’s Article 2(4a)
(rows 122-126)]
169.
Art. 7, para
Member States shall, in
Member States shall, in
Member States shall, in
2, sub-para 2 consultation with
consultation with
consultation with
rightholders, collective
rightholders, collective
rightholders, collective
management organisations management organisations management organisations
and cultural heritage
and cultural heritage
and cultural heritage
institutions, ensure that the institutions, ensure that the institutions, ensure that the
requirements used to
requirements used to
may provide for specific
determine whether works
determine whether works
requirements used to
and other subject-matter
and other subject-matter
determine whether works
can be licensed in
can be licensed in
and other subject-matter
accordance with paragraph accordance with paragraph can be licensed in
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1 do not extend beyond
1
or used in accordance
accordance with paragraph
what is necessary and
with paragraph 1a do not
1 do
. Such requirements
reasonable and do not
extend beyond what is
shall not extend beyond
preclude the possibility to
necessary and reasonable
what is necessary and
determine the out-of-
and do not preclude the
reasonable
, and do
shall not
commerce status of a
possibility to determine the preclude the possibility to
collection as a whole, when out-of-commerce status of
determine the out-of-
it is reasonable to presume a collection as a whole,
commerce status of a
that all works or other
when it is reasonable to
collection as
set of works
subject-matter in the
presume that all works or
or other subject-matter
collection are out of
other subject-matter in the
as a whole, when it is
commerce.
collection are out of
reasonable to presume that
commerce.
all works or other subject-
matter in the collection are
out
-of
-commerce.
170.
Art. 7,
3.
Member States
3. Member States shall
3.
[Moved to new Article
para 3,
shall provide that
provide that appropriate
introductory appropriate publicity
publicity measures are
8a(2)]
part
measures are taken
taken regarding:
regarding:
171.
Art. 7, para
(a)
the deeming of
(a) the deeming of works
3, point (a)
works or other subject-
or other subject-matter as
matter as out of commerce; out of commerce;
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172.
Art. 7, para
(b)
the licence, and in
(b) the
any licence, and in
3, point (b)
particular its application to particular its application to
unrepresented rightholders; unrepresented rightholders;
173.
Art. 7, para
(c)
the possibility of
(c) the possibility of
3, point (c)
rightholders to object,
rightholders to object,
referred to in point (c) of
referred to in point (c) of
paragraph 1;
paragraph 1
and point (b)
of paragraph 1a;
174.
Art. 7, para
including during a
including during a
3, closing
reasonable period of time
reasonable period of time
phrase
before the works or other
at least six months before
subject-matter are digitised, the works or other subject-
distributed, communicated matter are digitised,
to the public or made
distributed, communicated
available.
to the public or made
available.
175.
Art. 7,
4.
Member States
4.
Member States shall 4.
Member States shall
para 4,
shall ensure that the
ensure that the licences
ensure that the licences
introductory licences referred to in
referred to in paragraph 1
referred to in paragraph 1
part / Art. 7, paragraph 1 are sought
are sought from a collective are sought from a
para 4
from a collective
management organisation
collective management
(Council)
management organisation
that is representative for the organisation that is
that is representative for the Member State where:
representative for the
Member State where:
Member State where:
the
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cultural heritage
institution is established.
176.
Art. 7,
5.
This Article shall
para 5,
not apply to sets of out-of-
introductory
commerce if, following
part
the reasonable effort to
(Council)
determine commercial
availability, there is
evidence that such sets
predominantly consist of:
177.
Art. 7,
(a)
the works or
(a)
the works or
(a)
the works or
other
para 4, point phonograms were first
phonograms were first
subject-matter
(a) (EP)/
published or, in the absence published or, in the absence phonograms were first
Art. 7, para
of publication, where they
of publication, where they
published or, in the
5, point (a)
were first broadcast, except were first broadcast, except absence of publication,
(Council)
for cinematographic and
for cinematographic and
where they were first
audiovisual works;
audiovisual works;
broadcast
in a third
country, except for
cinematographic and
or
audiovisual works;
178.
Art. 7,
(b)
the producers of the (b)
the producers of the (b)
cinematographic
para 4, point works have their
works have their
or audiovisual works, the
(b) (EP)/
headquarters or habitual
headquarters or habitual
producers of the
Art. 7, para
residence, for
residence, for
works
which have their
headquarters or habitual
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5, point (b)
cinematographic and
cinematographic and
residence, for
(Council)
audiovisual works; or
audiovisual works; or
cinematographic and
audiovisual works
in a
third country; or
179.
Art. 7,
(c)
the cultural heritage (c)
the cultural heritage c)
the cultural heritage
para 4, point institution is established,
institution is established,
institution is established,
(c) (EP) /Art. when a Member State or a when a Member State or a
works or other subject-
7, para 5,
third country could not be
third country could not be
matter of third country
point (c)
determined, after
determined, after
nationals when a Member
(Council)
reasonable efforts,
reasonable efforts,
State or a third country
according to points (a) and according to points (a) and could not be determined,
(b).
(b).
after
a reasonable
efforts
effort, according to
points (a) and (b).
);
180.
Art. 7, para 5 5.
Paragraphs 1, 2 and 5.
Paragraphs 1, 2 and 5.
Paragraphs 1, 2 and
(EP)/ Art. 7, 3 shall not apply to the
3 shall not apply to the
3 shall not apply to
unless
para 5,
works or other subject-
works or other subject-
the works or other subject-
closing
matter of third country
matter of third country
matter
collective
phrase
nationals except where
nationals except where
management organisation
(Council)
points (a) and (b) of
points (a) and (b) of
is sufficiently
paragraph 4 apply.
paragraph 4 apply.
representative of
rightholders of that third
country nationals except
where points
in the
meaning of point (a) and
(b) of paragraph 4 apply
1.
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181.
Art. 8, title
Article 8
Article 8
Article 8
Cross-border uses
Cross-border uses
Cross-border uses
182.
Art. 8, para 1 1.
Works or other
1.
Works
Out-of-
1.
Works or other
subject-matter covered by a
commerce works or other
subject-matter covered by
licence granted in
subject-matter covered by a a
A licence granted in
accordance with Article 7
licence granted in
accordance with Article 7
may be used by the cultural accordance with Article 7
may be used
allow the use
heritage institution in
may be used by the cultural
of out-of-commerce
accordance with the terms
heritage institution in
works or other subject-
of the licence in all
accordance with the terms
matter by the cultural
Member States.
of the licence
that Article
heritage institution in
in all Member States.
accordance with the terms
of the licence in all
any
Member States
State.
183.
Art. 8, para 2 2.
Member States
2.
Member States shall 2.
[Moved to new Article
shall ensure that
ensure that information that
8a(1)]
information that allows the allows the identification of
identification of the works the works or other subject-
or other subject-matter
matter covered by a licence
covered by a licence
granted in accordance with
granted in accordance with Article 7 and information
Article 7 and information
about the possibility of
about the possibility of
rightholders to object
rightholders to object
referred to in
point (c) of
referred to in Article
Article 7(1)
and point (b)
7(1)(c) are made publicly
of Article 7(1a) are made
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accessible in a single
publicly
permanently,
online portal for at least six
easily and effectively
months before the works or accessible in a
public
other subject-matter are
single online portal for at
digitised, distributed,
least six months before the
communicated to the public works or other subject-
or made available in
matter are digitised,
Member States other than
distributed, communicated
the one where the licence is to the public or made
granted, and for the whole available in Member States
duration of the licence.
other than the one where
the licence is granted,
or in
the cases covered by
Article 7(1a), where the
cultural heritage
institution is established
and for the whole duration
of the licence.
184.
Art. 8, para 3 3.
The portal referred 3.
The portal referred 3.
[Moved to new Article
to in paragraph 2 shall be
to in paragraph 2 shall be
8a(1) second
established and managed
established and managed
subparagraph]
by the European Union
by the European Union
Intellectual Property Office Intellectual Property Office
in accordance with
in accordance with
Regulation (EU) No
Regulation (EU) No
386/2012.
386/2012.
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185.
Art. 8a, title
Article 8a
Publicity measures
186.
Art. 8a, para
1.
Member States shall
1, sub-para 1
ensure that information that
allows
for the purposes of
the identification of the
out-of-commerce works or
other subject-matter
covered by a licence
granted in accordance with
Article 7 and
as well as
information about the
possibility
possibilities of
rightholders to object
referred to in Article
7(1)(c) are
), and, as soon
as it is available,
information on the
parties to the licence, the
covered territories and
the allowed uses is made
publicly accessible in a
single online portal
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for
from at least six months
before the works or other
subject-matter are
digitised, distributed,
communicated to the
public or made available in
Member States other than
the one where the licence is
granted, and for the whole
duration of
to the public in
accordance with the
licence.
[Article 8(2) of the COM
proposal, amended]
187.
Art. 8a, para
3.
The portal referred
1, sub-para 2
to in paragraph 2 shall be
established and managed
by the European Union
Intellectual Property Office
in accordance with
Regulation (EU) No
386/2012.
[Article 8(3) of the COM
proposal, amended]
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188.
Art. 8a, para
2.
Member States shall
2
provide that
, if necessary
for the general awareness
of rightholders, further
appropriate publicity
measures are taken
regarding: (a) the deeming
of works or other subject-
matter as out of commerce;
(b) the licence, and in
particular its application to
unrepresented rightholders;
the possibility for
collective management
organisations to license
works or other subject-
matter in accordance
with Article 7, the
licences granted and (c)
the possibilities to object of
rightholders referred to in
point (c) of paragraph 1
Article 7(1)(c) ;
.
Including during a
reasonable period of time
before the works or other
subject-matter are digitised,
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distributed, communicated
to the public or made
available.
The additional
appropriate publicity
measures shall be taken
in the Member State
where the licence is
sought. If there is
evidence, such as the
origin of the works or
other subject-matter, to
suggest that the
awareness of rightholders
could be more efficiently
raised in other Member
States or third countries,
such publicity measures
shall also cover those
Member States and third
countries.
[Article 7(3) of the COM
proposal, amended]
189.
Art. 9, title
Article 9
Article 9
Article 9
Stakeholder dialogue
Stakeholder dialogue
Stakeholder dialogue
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190.
Art 9
Member States shall ensure Member States shall ensure Member States shall ensure
a regular dialogue between a regular dialogue between
consult rightholders,
representative users' and
representative users' and
collective management
rightholders' organisations, rightholders' organisations,
organisations and
and any other relevant
and any other relevant
cultural heritage
stakeholder organisations,
stakeholder organisations,
institutions in each sector
to, on a sector-specific
to, on a sector-specific
before establishing
basis, foster the relevance
basis, foster the relevance
specific requirements
and usability of the
and usability of the
pursuant to Article 7(2),
licensing mechanisms
licensing mechanisms
and encourage a regular
referred to in Article 7(1),
referred to in Article 7(1)
dialogue between
ensure the effectiveness of
and the exception referred representative users' and
the safeguards for
to in Article 7(1a), ensure
rightholders' organisations,
rightholders referred to in
the effectiveness of the
including collective
this Chapter, notably as
safeguards for rightholders
management
regards publicity measures, referred to in this Chapter,
organisations, and any
and, where applicable,
notably as regards publicity other relevant stakeholder
assist in the establishment
measures, and, where
organisations, to, on a
of the requirements
applicable, assist in the
sector-specific basis,
to
referred to in the second
establishment of the
foster the relevance and
subparagraph of Article
requirements referred to in usability of the licensing
7(2).
the second subparagraph of mechanisms referred to in
Article 7(2).
Article 7(1),
) and to ensure
the effectiveness of the
safeguards for rightholders
referred to in this Chapter,
notably as regards publicity
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measures, and, where
applicable, assist in the
establishment of the
requirements referred to in
the second subparagraph of
Article 7(2)
.
191.
CHAPTER 1a
Measures to facilitate
collective licensing
192.
Art. 9a, title
Article 9a
Collective licensing with
an extended effect
193.
Art. 9a, para
1.
Member States
1
may provide, as far as the
use within their national
territory is concerned
and subject to safeguards
provided for in this
Article, that when a
collective management
organisation, in
accordance with its
mandates from
rightholders, enters into a
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licensing agreement for
the exploitation of works
or other subject-matter
such an agreement may
be extended to apply to
the rights of rightholders
who have not authorised
the organisation to
represent them by way of
assignment, licence or
any other contractual
arrangement; or, with
respect to such an
agreement, the
organisation has a legal
mandate or is presumed
to represent rightholders
who have not authorised
the organisation
accordingly.
194.
Art. 9a, para
2.
Member States
2
shall ensure that the
licensing mechanism
referred to in paragraph
1 is only applied within
well-defined areas of use
where obtaining
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authorisations from
rightholders on an
individual basis is
typically onerous and
impractical to a degree
that makes the required
licensing transaction
unlikely due to the nature
of the use or of the types
of works or other subject-
matter concerned and
that such mechanism
safeguards the legitimate
interests of rightholders.
195.
Art. 9a, para
3.
The safeguards
3
referred to in paragraph
1 must ensure that:
196.
Art. 9a, para
(a)
the organisation is,
3, point (a)
on the basis of mandates
from rightholders,
sufficiently representative
of rightholders in the
relevant type of works or
other subject-matter and
of the rights which are
the subject of the licence
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for the relevant Member
State;
197.
Art. 9a, para
(b)
equal treatment is
3, point (b)
guaranteed to all
rightholders in relation to
the terms of the licence;
198.
Art. 9a, para
(c)
rightholders who
3, point (c)
have not authorised the
organisation operating
the licence may at any
time easily and effectively
exclude their works or
other subject-matter
from the licensing
mechanism established in
accordance with this
Article;
199.
Art. 9a, para
(d)
appropriate
3, point (d)
publicity measures are
taken to raise the
awareness of rightholders
regarding the possibility
for organisations to
license works or other
subject-matter and the
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licensing taking place in
accordance with this
Article, and the
possibilities of
rightholders referred to
in point (c) starting from
a reasonable period
before the works or other
subject-matter are used
under the licence.
Publicity measures
should be effective
without the need to
inform each rightholder
individually.
200.
Art. 9a, para
4.
The rules provided
4
for in this Article are
without prejudice to the
application of collective
licensing mechanisms
with an extended effect in
conformity with other
provisions of Union law,
including those which
allow exceptions or
limitations, and shall not
apply to mandatory
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collective management of
rights.
201.
Art. 9a, para
5.
Where the law of a
5
Member State provides
for a licensing mechanism
in accordance with this
Article, the Member
State concerned shall
inform the Commission
about the scope of that
law, purposes and types
of licences that may be
introduced under that
law as well as contact
details for organisations
issuing licences in
accordance with the
mechanism in paragraph
1. The Commission shall
publish this information.
202.
Art. 9a, para
6.
Based on the
6
information received
pursuant to paragraph 5
and on the discussions in
the contact committee
referred to in Article
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12(3) of Directive
2001/29/EC, the
Commission shall, by 31
December 2020, submit
to the European
Parliament and to the
Council a report on the
use of such mechanisms
referred to in paragraph
1 in the EU and their
impact on licensing and
rightholders. The
Commission’s report
shall be accompanied, if
appropriate, by a
legislative proposal,
including as regards
publicity measures, and,
where applicable, assist in
the establishment of the
requirements referred to in
the second subparagraph of
Article 7(2).
the cross-
border effect of such
national schemes.
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203.
CHAPTER 2
CHAPTER 2
CHAPTER 2
Access to and availability
Access to and availability
Access to and availability
of audiovisual works on
of audiovisual works on
of audiovisual works on
video-on-demand platforms video-on-demand platforms video-on-demand platforms
204.
Art. 10, title
Article 10
Article 10
Article 10
Negotiation mechanism
Negotiation mechanism
Negotiation mechanism
205.
Art. 10, sub- Member States shall ensure Member States shall ensure Member States shall ensure
para 1
that where parties wishing that where parties wishing that where parties
to conclude an agreement
to conclude an agreement
wishing
facing difficulties
for the purpose of making
for the purpose of making
related to the licensing of
available audiovisual
available audiovisual works
rights when seeking to
works on video-on-demand on video-on-demand
conclude an agreement for
platforms face difficulties
platforms face difficulties
the purpose of making
relating to the licensing of
relating to the licensing of
available audiovisual works
rights, they may rely on the
audiovisual rights, they
on video-on-demand
assistance of an impartial
may rely on the assistance
platforms face difficulties
body with relevant
of an impartial body with
relating to the licensing of
experience. That body shall relevant experience. That
rights, they
services, may
provide assistance with
body
The impartial body
rely on the assistance of an
negotiation and help reach
created or designated by
impartial body with
agreements.
the Member State for the
relevant experience. That
or
purpose of this Article
of mediators. The body
or
shall provide assistance
to
mediators shall provide
the parties with negotiation assistance
to the parties
with negotiation
their
negotiations and help
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and help
them to reach
them reach agreements
,
agreement.
including, where
appropriate, by
submitting proposals to
the parties.
206.
Art. 10, sub- No later than [date
No later than [date
No later than [date
para 2
mentioned in Article 21(1)] mentioned in Article 21(1)] mentioned in Article 21(1)]
Member States shall notify Member States shall
notify Member States shall notify
to the Commission the
to
inform the Commission
to the Commission the
body referred to in
of the body referred to in
body
or mediators referred
paragraph 1.
paragraph 1.
they create or to in paragraph 1
no later
designate pursuant to the
than [date mentioned in
first paragraph.
Article 21(1)]. In cases
where Member States
have chosen to rely on
mediation, the
notification to the
Commission shall at least
include, when available,
the source where relevant
information on the
entrusted mediators can
be found.
207.
Art. 10, sub-
To encourage the
para 3
availability of audiovisual
works on video-on-
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demand platforms,
Member States shall foster
dialogue between
representative
organisations of authors,
producers, video-on-
demand platforms and
other relevant
stakeholders.
208.
CHAPTER 2a
To be discussed further at
Access to Union
political level
publications
209.
Art. 10a,
Article 10 a
title
Union Legal Deposit
210.
Art. 10a,
1.
Any electronic
para 1
publication dealing with
Union-related matters
such as Union law, Union
history and integration,
Union policy and Union
democracy, institutional
and parliamentary affairs,
and politics, that is made
available to the public in
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the Union shall be subject
to a Union Legal Deposit.
211.
Art. 10a,
2.
The European
para 2
Parliament Library shall
be entitled to delivery, free
of charge, of one copy of
every publication referred
to in paragraph 1.
212.
Art. 10a,
3.
The obligation set
para 3
out in paragraph 1 shall
apply to publishers,
printers and importers of
publications for the works
they publish, print or
import in the Union.
213.
Art. 10a,
4.
From the day of the
para 4
delivery to the European
Parliament Library, the
publications referred to in
paragraph 1 shall become
part of the European
Parliament Library
permanent collection.
They shall be made
available to users at the
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European Parliament
Library’s premises
exclusively for the purpose
of research or study by
accredited researchers and
under the control of the
European Parliament
Library.
214.
Art. 10a,
5.
The Commission
para 5
shall adopt acts to specify
the modalities relating to
the delivery to the
European Parliament
Library of publications
referred to in paragraph 1.
215.
TITLE IV
TITLE IV
TITLE IV
MEASURES TO
MEASURES TO
MEASURES TO
ACHIEVE A WELL-
ACHIEVE A WELL-
ACHIEVE A WELL-
FUNCTIONING
FUNCTIONING
FUNCTIONING
MARKETPLACE FOR
MARKETPLACE FOR
MARKETPLACE FOR
COPYRIGHT
COPYRIGHT
COPYRIGHT
216.
CHAPTER 1
CHAPTER 1
CHAPTER 1
Rights in publications
Rights in publications
Rights in publications
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217.
Art. 11, title
Article 11
Article 11
Article 11
Protection of press
Protection of press
Protection of press
publications concerning
publications concerning
publications concerning
digital uses
digital uses
digitalonline uses
218.
Art. 11, para 1.
Member States
1.
Member States shall 1.
Member States shall
1
shall provide publishers of provide publishers of press provide publishers of press
press publications with the publications with the rights publications
established in
rights provided for in
provided for in Article 2
a Member State with the
Article 2 and Article 3(2)
and Article 3(2) of
rights provided for in
of Directive 2001/29/EC
Directive 2001/29/EC
so
Article 2 and Article 3(2)
for the digital use of their
that they may obtain fair
of Directive 2001/29/EC
press publications.
and proportionate
for the digital
online use of
remuneration for the
their press publications
by
digital use of their press
information society
publications
by
service providers.
information society service
providers.
219.
Art. 11, para
The rights referred to in
1, sub-para 2
the first subparagraph
shall not apply in respect
of uses of insubstantial
parts of a press
publication. Member
States shall be free to
determine the
insubstantial nature of
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parts of press
publications taking into
account whether these
parts are the expression
of the intellectual
creation of their authors,
or whether these parts
are individual words or
very short excerpts, or
both criteria.
220.
Art. 11, para
1a.
The rights referred
1a
to in paragraph 1 shall not
prevent legitimate private
and non-commercial use
of press publications by
individual users.
221.
Art. 11, para 2.
The rights referred
2.
The rights referred
2.
The rights referred
2
to in paragraph 1 shall
to in paragraph 1shall leave to in paragraph 1 shall
leave intact and shall in no intact and shall in no way
leave intact and shall in no
way affect any rights
affect any rights provided
way affect any rights
provided for in Union law
for in Union law to authors provided for in Union law
to authors and other
and other rightholders, in
to authors and other
rightholders, in respect of
respect of the works and
rightholders, in respect of
the works and other
other subject-matter
the works and other
subject-matter incorporated incorporated in a press
subject-matter incorporated
in a press publication. Such publication. Such rights
in a press publication.
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rights may not be invoked
may not be invoked against Such
The rights
referred to
against those authors and
those authors and other
in paragraph 1 may not be
other rightholders and, in
rightholders and, in
invoked against those
particular, may not deprive particular, may not deprive authors and other
them of their right to
them of their right to
rightholders and, in
exploit their works and
exploit their works and
particular, may not deprive
other subject-matter
other subject-matter
them of their right to
independently from the
independently from the
exploit their works and
press publication in which press publication in which other subject-matter
they are incorporated.
they are incorporated.
independently from the
press publication in which
they are incorporated.
222.
Art. 11, para
When a work or other
2, sub-para 2
subject-matter is
incorporated in a press
publication on the basis
of a non-exclusive licence,
the rights referred to in
paragraph 1 may not be
invoked to prohibit the
use by other authorised
users. The rights referred
to in paragraph 1 may
not be invoked to prohibit
the use of works or other
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subject-matter whose
protection has expired.
223.
Art. 11, para
2a.
The rights referred
2a
to in paragraph 1 shall not
extend to mere hyperlinks
which are accompanied by
individual words.
224.
Art. 11, para 3.
Articles 5 to 8 of
3.
Articles 5 to 8 of
3.
Articles 5 to 8 of
3
Directive 2001/29/EC and
Directive 2001/29/EC and
Directive 2001/29/EC and
Directive 2012/28/EU shall Directive 2012/28/EU shall Directive 2012/28/EU shall
apply
mutatis mutandis in
apply mutatis mutandis in
apply
mutatis mutandis in
respect of the rights
respect of the rights
respect of the rights
referred to in paragraph 1.
referred to in paragraph 1.
referred to in paragraph 1.
225.
Art. 11, para 4.
The rights referred
4.
The rights referred
4.
The rights referred
4
to in paragraph 1 shall
to in paragraph 1 shall
to in paragraph 1 shall
expire 20 years after the
expire 20
5 years after the
expire 20 years
1 year after
publication of the press
publication of the press
the publication of the press
publication. This term shall publication. This term shall publication. This term shall
be calculated from the first be calculated from the first be calculated from the first
day of January of the year
day of January of the year
day of January of the year
following the date of
following the date of
following the date o
publication.
publication.
The right
publication.
referred to in paragraph 1
shall not apply with
retroactive effect.
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226.
Art. 11, para
4a.
Member States
4a
shall ensure that authors
receive an appropriate
share of the additional
revenues press publishers
receive for the use of a
press publication by
information society service
providers
227.
Art. 11, para
5. Paragraph 1 shall not
5
apply to press
publications first
published before [entry
into force of the Directive].
228.
Art, 12, title
Article 12
Article 12
Article 12
Claims to fair
Claims to fair
Claims to fair
compensation
compensation
compensation
229.
Art. 12, sub- Member States may
Member States
with
Member States may
para 1 (EP)/ provide that where an
compensation-sharing
provide that where an
Art. 12,
author has transferred or
systems between authors
author has transferred or
introductory licensed a right to a
and publishers for
licensed a right to a
part
publisher, such a transfer or
exceptions and limitations publisher, such a transfer or
(Council)]
a licence constitutes a
may provide that where an a licence constitutes a
sufficient legal basis for the author has transferred or
sufficient legal basis for the
publisher to claim a share
licensed a right to a
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of the compensation for
publisher, such a transfer or publisher to claim
be
the uses of the work made
a licence constitutes a
entitled to a share of
:
under an exception or
sufficient legal basis for the
limitation to the transferred publisher to claim a share
[remaining part of this
or licensed right.
of the compensation for the
paragraph of the COM
uses of the work made
proposal was moved to new
under an exception or
point (a) (see row 230)]
limitation to the transferred
or licensed right
, provided
that an equivalent
compensation-sharing
system was in operation in
that Member State before
12 November 2015.
230.
Art. 12,
(a)
the compensation
point (a)
for the uses of the work
made under an exception or
limitation to the transferred
or licensed right.
; and
[See Parliament’s sub-
paragraph 1 of Article 12
(row 229)]
231.
Art. 12,
(b)
the remuneration
point (b)
for public lending
provided for in Article
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6(1) of Directive
2006/115/EC.
232.
Art. 12, sub-
The first paragraph shall
para 2
be without prejudice to the
arrangements in Member
States concerning public
lending rights, the
management of rights not
based on exceptions or
limitations to copyright,
such as extended collective
licensing schemes, or
concerning remuneration
rights on the basis of
national law.
233.
CHAPTER 1a
Protection of sport event
organizers
234.
Art. 12a,
Article 12a
To be discussed further at
title
Protection of sport event
political level
organizers
235.
Art. 12a
Member States shall
provide sport event
organizers with the rights
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provided for in Article 2
and Article 3 (2) of
Directive 2001/29/EC and
Article 7 of Directive
2006/115/EC.
236.
CHAPTER 2
CHAPTER 2
CHAPTER 2
Certain uses of protected
Certain uses of protected
Certain uses of protected
content by online services
content by online services
content by online services
237.
Art. 13, title
Article 13
Article 13
Article 13
Use of protected content by Use of protected content by
information society service information society online Use of protected content by
providers storing and
content sharing service
information society
online
giving access to large
providers storing and
content sharing service
amounts of works and
giving access to large
providers storing
other subject-matter
amounts of works and
uploaded by their users
other subject-matter
uploaded by their users
238.
Art. 13, para 1.
Information society 1.
Without prejudice
1.
Member States shall
1
service providers that store
to Article 3(1) and (2) of
provide that an online
and provide to the public
Directive 2001/29/EC,
content sharing service
access to large amounts of
online content sharing
provider performs an act
works or other subject-
Information society service
of communication to the
matter uploaded by their
providers that store and
public or an act of
users shall, in cooperation
provide
perform an act of
making available to the
with rightholders, take
communication to the
public when it gives the
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measures to ensure the
public access to large
public access to copyright
functioning of agreements
amounts of works or other
protected works or other
concluded with
subject-matter uploaded by
protected subject matter
rightholders for the use of
their users
. They shall in
uploaded by its users.
their works or other
cooperation with
subject-matter or to prevent rightholders, take measures
An online content sharing
the availability on their
to ensure the functioning of
service provider shall
services of works or other
agreements concluded with
obtain an authorisation
subject-matter identified by rightholders for the use of
from the rightholders
rightholders through the
their works or other
referred to in Article 3(1)
cooperation with the
subject-matter or to prevent and giving access to large
service providers. Those
the availability on their
amounts of
(2) of Directive
measures, such as the use
services of works or other
2001/29/EC in order to
of effective content
subject-matter identified by
communicate or make
recognition technologies,
rightholders through the
available to the public
shall be appropriate and
cooperation with the
works or other subject
proportionate. The service service providers. Those
matter. Where no such
providers shall provide
measures, such as the use
authorisation has been
rightholders with adequate of effective content
obtained, the service
information on the
recognition technologies,
provider shall prevent the
functioning and the
shall be
therefore conclude availability on its service
of those
deployment of the
fair and appropriate and
works and other
measures, as well as, when proportionate. The service
subject-matter uploaded by
relevant, adequate
providers shall provide
matter, including through
reporting on the
rightholders with adequate
the application of
recognition and use of the
information on the
measures referred to in
functioning and the
paragraph 4. This
deployment of the
subparagraph shall apply
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works and other subject-
measures, as well as, when
without prejudice to
matter.
relevant, adequate
exceptions and
reporting on the
limitations provided for
recognition and use of the
in Union law.
works and other subject-
matter.
licensing
Member States shall
agreements with right
provide that when an
holders.
authorisation has been
obtained, including via a
licensing agreement, by
an online content sharing
service provider, this
authorisation shall also
cover acts of uploading
by the users of the service
falling within Article 3 of
Directive 2001/29/EC
when they are not acting
on a commercial basis.
[Last two sentences of
COM proposal were moved
to Council’s paragraphs 5
and 6 respectively]
239.
Art. 13, para
2. Member States shall
2 (EP)
ensure that the
Licensing
agreements which are
concluded by online
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content sharing service
providers
with right
holders for the acts of
communication referred to
in paragraph 1 put in place
complaints and redress
mechanisms that are
available to users in case of
disputes over the
application of the measures
referred to in paragraph 1.
,
shall cover the liability for
works uploaded by the
users
of such online
content sharing services in
line with the terms and
conditions set out in the
licensing agreement,
provided that such users
do not act for commercial
purposes.
[See Council’s paragraph
1, subparagraph 3 (row
238)]
240.
Art. 13, para
2a.
Member States
2a (EP)
shall provide that where
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right holders do not wish
to conclude licensing
agreements, online content
sharing service providers
and right holders shall
cooperate in good faith in
order to ensure that
unauthorised protected
works or other subject
matter are not available on
their services. Cooperation
between online content
service providers and right
holders shall not lead to
preventing the availability
of non-infringing works or
other protected subject
matter, including those
covered by an exception or
limitation to copyright.
241.
Art. 13, para 2.
Member States
2b.
Members States
[Paragraph 2 of the COM
2 / para 2b
shall ensure that the service
shall ensure that online
proposal was moved to new
(EP)
providers referred to in
content sharing service
paragraph 7 of Council’s
paragraph 1 put in place
providers referred to in
text]
complaints and redress
paragraph 1 put in place
mechanisms that are
effective and expeditious
available to users in case of
complaints and redress
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disputes over the
mechanisms that are
application of the measures
available to users in case
referred to in paragraph 1.
the cooperation referred to
in paragraph 2a leads to
unjustified removals of
their content. Any
complaint filed under such
mechanisms shall be
processed without undue
delay and be subject to
human review. Right
holders shall reasonably
justify their decisions to
avoid arbitrary dismissal
of complaints. Moreover,
in accordance with
Directive 95/46/EC,
Directive 2002/58/EC and
the General Data
Protection Regulation, the
cooperation shall not lead
to any identification of
individual users nor the
processing of their
personal data. Member
States shall also ensure
that users have access to
an independent body for
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the resolution of disputes
as well as to a court or
another relevant judicial
authority to assert the use
of an exception or
limitation to copyright
rules.
[See Council’s Article
13(7) (row 252)]
242.
Art. 13, para 3.
Member States
3.
As of [date of entry [See new paragraph 8 of
3 (EP)
shall facilitate, where
into force of this directive], Council’s text]
appropriate, the
the Commission and the
cooperation between the
Member States shall
information society service facilitate where
providers and rightholders appropriate, the
through stakeholder
cooperation
organise
dialogues to define best
dialogues between the
practices, such as
information society service
appropriate and
providers and rightholders
proportionate content
through stakeholder
recognition technologies,
dialogues
stakeholders to
taking into account, among
harmonise and to define
others, the nature of the
best practices, such as
services, the availability of appropriate and
the technologies and their
proportionate content
effectiveness in light of
recognition technologies,
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technological
taking into account, among
developments.
others, the nature of the
services, the availability of
the technologies and their
effectiveness in light of
technological
developments.
and issue
guidance to ensure the
functioning of licensing
agreements and on
cooperation between
online content sharing
service providers and right
holders for the use of their
works or other subject
matter within the meaning
of this Directive. When
defining best practices,
special account shall be
taken of fundamental
rights, the use of
exceptions and limitations
as well as ensuring that
the burden on SMEs
remains appropriate and
that automated blocking of
content is avoided.
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243.
Art. 13, para
3.
When an online
3 (Council)
content sharing service
provider performs an act
of communication to the
public or an act of
making available to the
public, it shall not be
eligible for the exemption
of liability provided for in
Article 14 of Directive
2000/31/EC for
unauthorised acts of
communication to the
public and making
available to the public,
without prejudice to the
possible application of
Article 14 of Directive
2000/31/EC to those
services for purposes
other than copyright
relevant acts.
244.
Art. 13, para
4.
In the absence of
4,
the authorisation referred
introductory
to in the second
part
subparagraph of
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paragraph 1, Member
States shall provide that
an online content sharing
service provider shall not
be liable for acts of
communication to the
public or making
available to the public
within the meaning of this
Article when:
245.
Art. 13, para
(a)
it demonstrates
4, point (a)
that it has made best
efforts to prevent the
availability of specific
works or other subject
matter by implementing
effective and
proportionate measures,
in accordance with
paragraph 5, to prevent
the availability on its
services of the specific
works or other subject
matter identified by
rightholders and for
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which the rightholders
have provided the service
with relevant and
necessary information for
the application of these
measures; and
246.
Art. 13, para
(b)
upon notification
4, point (b)
by rightholders of works
or other subject matter, it
has acted expeditiously
to remove or disable
access to these works or
other subject matter and
it demonstrates that it
has made its best efforts
to prevent their
users
future availability
through the measures
referred to in point (a).
247.
Art. 13, para
5.
The measures
5,
referred to in point (a) of
introductory
paragraph 4 shall be
part
effective and
proportionate, taking into
account, among other
factors:
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248.
Art. 13, para
(a)
the nature and size
5, point (a)
of the services, in
particular whether they
are provided by a
microenterprise or a
small-sized enterprise
within the meaning of
Title I of the Annex to
Commission
Recommendation
2003/361/EC, and their
audience;
249.
Art. 13, para
(b)
the amount and
5, point (b)
the type of works or other
subject matter uploaded
by the users of the
services;
250.
Art. 13, para
(c)
the availability
5, point (c)
and costs
of the measures
as well as their
effectiveness in light of
technological
developments in line with
the industry best practice
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referred to in paragraph
8.
251.
Art. 13, para
6.
Member States
6
shall ensure that online
content sharing service
providers and
rightholders cooperate
with each other in a
diligent manner to ensure
the effective functioning
of the measures referred
to in point (a) of
paragraph 4 over time.
Online content sharing
service providers shall
provide rightholders, at
their request, with
adequate information on
the deployment and
functioning of these
measures to allow the
assessment of their
effectiveness, in
particular information on
the type of measures used
and, where licensing
agreements are
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concluded between
service providers and
rightholders, information
on the use of content
covered by the
agreements.
252.
Art. 13, para
7.
Member States shall
7
ensure that
the measures
referred to in paragraph
4 are implemented by the
online content sharing
service provider without
prejudice to the
possibility for their users
to benefit from exceptions
or limitations to
copyright. For that
purpose, the service
providers referred to in
paragraph 1
shall put in
place
a complaints and
redress
mechanisms that
are
is available to users of
the service in case of
disputes over the
application of the measures
reffered to in paragraph 1
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to their content.
Complaints submitted
under this mechanism
shall be processed by the
online content sharing
service provider in
cooperation with relevant
rightholders within a
reasonable period of
time. Rightholders shall
duly justify the reasons
for their requests to
remove or block access to
their specific works or
other subject matter.
Member States shall
endeavour to put in place
independent bodies to
assess complaints related
to the application of the
measures.
[Paragraph 2 of the COM
proposal, amended]
253.
Art. 13, para
8.
The Commission
8
and the Member States
shall encourage
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stakeholder dialogues to
define best practices
for
the measures referred to
in point (a) of paragraph
4. Member States shall
also endeavour to
establish mechanisms to
facilitate the assessment
of the effectiveness and
proportionality of these
measures and provide the
Commission regularly
with information on those
mechanisms. The
Commission shall, in
consultation with online
content sharing service
providers, rightholders
and other relevant
stakeholders and taking
into account the results of
the stakeholder dialogues
and the national
mechanisms, issue
guidance on the
application of the
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measures referred to in
point (a) of paragraph 4.
[Paragraph 3 of the COM
proposal, reworded]
254.
Art. 13a,
Article 13a
title
255.
Art. 13a,
Member States shall
sub-para 1
provide that disputes
between successors in title
and information society
services regarding the
application of Article 13(1)
may be subject to an
alternative dispute
resolution system.
256.
Art. 13a,
Member States shall
sub-para 2
establish or designate an
impartial body with the
necessary expertise, with
the aim of helping the
parties to settle their
disputes under this system.
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257.
Art. 13a,
The Member States shall
sub-para 3
inform the Commission of
the establishment of this
body no later than (date
mentioned in Article
21(1)).
258.
Art. 13b,
Article 13b
title
Use of protected content by
information society
services providing
automated image
referencing
259.
Art. 13b
Member States shall
ensure that information
society service providers
that automatically
reproduce or refer to
significant amounts of
copyright-protected visual
works and make them
available to the public for
the purpose of indexing
and referencing conclude
fair and balanced
licensing agreements with
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any requesting
rightholders in order to
ensure their fair
remuneration. Such
remuneration may be
managed by the collective
management organisation
of the rightholders
concerned.
260.
TITLE IV
MEASURES TO
ACHIEVE A WELL-
FUNCTIONING
MARKETPLACE FOR
COPYRIGHT
261.
CHAPTER 3
CHAPTER 3
CHAPTER 3
[to be discussed at political
Fair remuneration in
Fair remuneration in
Fair remuneration in
level]
contracts of authors and
contracts of authors and
exploitation contracts of
performers
performers
authors and performers
262.
Art. -14, title
Article -14
[Article -14 to be discussed
Principle of fair and
at political level]
proportionate
remuneration
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263.
Art. -14,
1.
Member States
para 1
shall ensure that authors
and performers receive
fair and proportionate
remuneration for the
exploitation of their works
and other subject matter,
including for their online
exploitation. This may be
achieved in each sector
through a combination of
agreements, including
collective bargaining
agreements, and statutory
remuneration
mechanisms.
264.
Art. -14,
2.
Paragraph 1 shall
para 2
not apply where an author
or performer grants a non-
exclusive usage right for
the benefit of all users free
of charge.
265.
Art. -14,
3.
Member States
para 3
shall take account of the
specificities of each sector
in encouraging the
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proportionate
remuneration for rights
granted by authors and
performers.
266.
Art. -14,
4.
Contracts shall
para 4
specify the remuneration
applicable to each mode of
exploitation.
267.
Art. 14, title
Article 14
Article 14
Article 14
Article 14
Transparency obligation
Transparency obligation
Transparency obligation
Transparency obligation
268.
Art. 14, para 1.
Member States
1.
Member States shall 1.
Member States shall 1. Member States shall
1
shall ensure that authors
ensure that authors and
ensure that authors and
ensure that authors and
and performers receive on a performers receive on a
performers receive on a
performers receive on a
regular basis and taking
regular basis,
not less than regular basis
, at least once regular basis,
at least once
into account the
once a year , and taking
a year, and taking into
a year, and taking into
specificities of each sector, into account the
account the specificities of account the specificities of
timely, adequate and
specificities of each sector each sector, timely,
each sector
and the relative
sufficient information on
and the relative
adequate and sufficient
importance of each
the exploitation of their
importance of each
information on the
individual contribution,
works and performances
individual contribution,
exploitation of their works timely, [adequate and
from those to whom they
timely adequate and
and performances from
sufficient/
relevant and
have licensed or transferred sufficient
, accurate,
those to whom they have
comprehensive]
their rights, notably as
relevant and
licensed or transferred their information on the
regards modes of
comprehensive information rights
or their successors exploitation of their works
exploitation, revenues
on the exploitation of their
in title, notably as regards and performances from
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generated and remuneration works and performances
modes of exploitation,
those to whom they have
due.
from those to whom they
revenues generated and
licensed or transferred their
have licensed or transferred remuneration due.
rights
or their successors
their rights, notably as
in title, notably as regards
regards modes of
modes of exploitation,
exploitation
, direct and
direct and indirect
indirect revenues
revenues generated and
generated, and
remuneration due.
remuneration due.
269.
Art. 14, para
1a.
Member States
1a.
Member States
[To be discussed at political
1a
shall ensure that where
shall ensure that where
level]
the licensee or transferee
the rights referred to in
of rights of authors and
paragraph 1 have
performers subsequently
subsequently been
licenses those rights to
licensed to another party,
another party, such party
authors and performers
shall share all information may, at their request,
referred to in paragraph 1 receive from those third
with the licensee or
parties additional
transferee.
information if their first
contractual counterpart
does not hold all the
information that would
be necessary for the
purposes of the
information provision set
out in paragraph 1.
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Member States may
provide that such request
to those third parties is
made directly by the
author or performer or
indirectly through the
contractual counterpart
of the author or the
performer.
270.
Art. 14, para
The main licensee or
[To be discussed at political
1a, sub-
transferee shall pass all
level; As requested by
para 2
the information referred to
Council and EP at the first
in the first subparagraph
technical meeting, COM to
on to the author or
provide technical
performer. That
assistance on the part of EP
information shall be
text on “commercially
unchanged, except in the
sensitive information”]
case of commercially
sensitive information as
defined by Union or
national law, which,
without prejudice to
Articles 15 and 16a, may
be subject to a non-
disclosure agreement, for
the purpose of preserving
fair competition. Where
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the main licensee or
transferee does not provide
the information as
referred to in this
subparagraph in a timely
manner, the author or
performer shall be entitled
to request that information
directly from the sub-
licensee.
[See Council’s Article
14(1a) (row 269)]
271.
Art. 14, para 2.
The obligation in
2.
The obligation in
2.
The obligation in
[To be discussed at
2
paragraph 1 shall be
paragraph 1 shall be
paragraph 1 shall be
political level;]
proportionate and effective proportionate and effective proportionate and effective
and shall ensure an
and shall ensure an
and shall ensure an
appropriate level of
appropriate
a high level of appropriate level of
transparency in every
transparency in every
transparency in every
sector. However, in those
sector. However, in those
sector. However, in
cases where the
cases where the
those
Member States may
administrative burden
administrative burden
provide that in duly
resulting from the
resulting from the
justified cases where the
obligation would be
obligation would be
administrative burden
disproportionate in view of disproportionate in view of resulting from the
the revenues generated by
the revenues generated by
obligation
in paragraph 1
the exploitation of the work the exploitation of the work would be
become
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or performance, Member
or performance, Member
disproportionate in view of
States may adjust the
States may adjust the
the revenues generated by
obligation in paragraph 1,
obligation in paragraph 1,
the exploitation of the
provided that the obligation provided that the obligation work or performance,
remains effective and
remains effective and
Member States may adjust
ensures an appropriate
ensures an appropriate
a
the obligation in paragraph
level of transparency.
high level of transparency. 1, provided that
is limited
to the obligation remains
effective
types and ensures
an appropriate level of
transparency.
information
that can reasonably be
expected in such cases.
272.
Art. 14, para 3.
Member States may
Deleted
3.
Member States may
[to be discussed at political
3
decide that the obligation
decide that the obligation
level]
in paragraph 1 does not
in paragraph 1 does not
apply when the
apply when the
contribution of the author
contribution of the author
or performer is not
or performer is not
significant having regard to
significant having regard to
the overall work or
the overall work or
performance.
performance.
273.
Art. 14, para
3a.
Members States
3a. Members States may
3a
may provide that for
provide that for
agreements subject to or agreements subject to or
based on collective
based on collective
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bargaining agreements
bargaining agreements the
the transparency rules of transparency rules of the
the relevant collective
relevant collective
bargaining agreement are bargaining agreement are
applicable provided that applicable provided that
they meet the minimum
they [are comparable to
criteria laid down in the
the obligations / meet the
national provisions
minimum criteria] laid
adopted in conformity
down in the national
with the requirements of provisions adopted in
paragraphs 1 to 3.
conformity with the
requirements of
paragraphs 1 to 3.
274.
Art. 14, para 4.
Paragraph 1 shall
4.
Paragraph 1 shall
4.
Paragraph 1 shall
4. Paragraph 1 shall not be
4
not be applicable to entities not be applicable to entities not be applicable to
applicable to
agreements
subject to the transparency subject to the transparency
agreements concluded by concluded by entities
obligations established by
obligations established by
entities subject to the
defined in Article 3(a)
Directive 2014/26/EU.
Directive 2014/26/EU
or to transparency obligations
[and (b)] of Directive
collective bargaining
established by
defined in
2014/26/EU or by other
agreements, where those
Article 3(a) and (b) of
entities subject to the
obligations or agreements Directive 2014/26/EU.
or
national rules
provide for transparency
by other entities subject
implementing Directive
requirements comparable to the national rules
2014/26/EU [
when
to those referred to in
implementing Directive
Directive 2014/26/EU
paragraph 2.
2014/26/EU.
provides for transparency
obligations comparable to
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those laid down in this
Directive].
[to be discussed at political
level]
275.
Art. 15, title
Article 15
Article 15
Article 15
Article 15
Contract adjustment
Contract adjustment
Contract adjustment
Contract adjustment
mechanism
mechanism
mechanism
mechanism
276.
Art. 15,
Member States shall ensure Member States shall
1.
Member States shall 1. Member States shall
[para 1
that authors and performers ensure
, in the absence of
ensure that authors and
ensure,
in the absence of
(Council)]
are entitled to request
collective bargaining
performers are entitled to
an applicable collective
additional, appropriate
agreements providing for a request additional,
bargaining agreement
remuneration from the
comparable mechanism,
appropriate remuneration
providing for a
party with whom they
that authors and performers from the party with whom
comparable mechanism,
entered into a contract for
or any representative
they entered into a contract that authors and performers
the exploitation of the
organisation acting on
for the exploitation of the
or any representative
rights when the
their behalf are entitled to rights
or their successors
organisation acting [at the
remuneration originally
request
claim additional
,
in title, when the
specific request / on
agreed is
appropriate
and fair
remuneration originally
behalf] of one or more
disproportionately low
remuneration from the
agreed is
turns out to be
authors or performers are
compared to the subsequent party with whom they
disproportionately low
entitled to
claim additional,
relevant revenues and
entered into a contract for
compared to the subsequent appropriate
and fair
benefits derived from the
the exploitation of the
relevant revenues and
remuneration from the
exploitation of the works or rights when the
benefits derived from the
party with whom they
performances.
remuneration originally
actual exploitation of the
entered into a contract for
agreed is disproportionately works or performances.
the exploitation of the
low compared to the
rights or their successors in
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subsequent relevant
direct
title, when the
or indirect revenues and
remuneration originally
benefits derived from the
agreed turns out to be
exploitation of the works or
disproportionately low
performances.
compared to the subsequent
[See Council’s Article
relevant
[direct or indirect]
15(1a) (row277)]
revenues and benefits
derived from the
exploitation of the works or
performances.
[to be discussed at political
level]
277.
Art. 15, para
1a.
Members States
-
1a
may provide that for
agreements subject to or
based on collective
[Article 15(1a) Council’s
bargaining agreements
text deleted/incorporated
the rules of the relevant
into paragraph 1]
collective bargaining
agreement for the
adjustment of
remuneration are
applicable instead of the
national provisions
implementing the
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contract adjustment
mechanism.
278.
Art. 15, para
2.
Paragraph 1 shall [to be discussed at political
2
not be applicable to
level]
agreements concluded by
entities defined in Article
3(a) and (b) of Directive
2014/26/EU or by other
entities subject to the
national rules
implementing Directive
2014/26/EU.
279.
Art. 16, title
Article 16
Article 16
Article 16
Article 16
Dispute resolution
Dispute resolution
mechanism
Dispute resolution
Dispute resolution
mechanism
mechanismprocedure
procedure
280.
Art. 16,
Member States shall
Member States shall
1.
Member States shall Member States shall
[para 1
provide that disputes
provide that disputes
provide that disputes
provide that disputes
(Council)]
concerning the
concerning the
concerning the
concerning the
transparency obligation
transparency obligation
transparency obligation
transparency obligation
under Article 14 and the
under Article 14 and the
under Article 14 and the
under Article 14 and the
contract adjustment
contract adjustment
contract adjustment
contract adjustment
mechanism under Article
mechanism under Article
mechanism under Article
mechanism under Article
15 may be submitted to a
15 may be submitted to a
15 may be submitted to a
15 may be submitted to a
voluntary, alternative
voluntary, alternative
voluntary, alternative
voluntary, alternative
dispute resolution
dispute resolution
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dispute resolution
procedure.
Member States dispute resolution
procedure.
Member States
procedure.
shall ensure that
procedure.
shall ensure that
representative
representative
organisations of authors
organisations of authors
and performers may
and performers may
initiate such procedures at
initiate such procedures at
the request of one or more
the specific request of one
authors and performers.
or more authors and
[See Council’s Article
performers.
16(2) (row 281)]
281.
Art. 16, para
[See Parliament’s Article
2.
Member States
-
2
16 last phrase (row 280)]
shall ensure that
representative
[Article 16(2) Council’s
organisations of authors
text deleted/incorporated
and performers,
into paragraph 1]
including collective
management
organisations, may
initiate such disputes on
behalf of one or more
authors and performers
at their request.
282.
Art. 16a
Article 16a
(Council),
title
Contractual provisions
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283.
Art. 16a
Member States shall
[to be discussed at political
(Council)
ensure that any
level]
contractual provision
which prevents the
compliance with the
provisions in Articles 14
and 15 of this Directive
shall be unenforceable in
relation to authors and
performers.
284.
Art. 16a
Article 16 a
[Article 16a to be
(EP), title
Right of revocation
discussed at political level]
285.
Art. 16a
1.
Member States
(EP),
shall ensure that where an
para 1
author or a performer has
licensed or transferred her
or his rights concerning a
work or other protected
subject-matter on an
exclusive basis, the author
or performer has a right of
revocation where there is
an absence of exploitation
of the work or other
protected subject matter or
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where there is a
continuous lack of regular
reporting in accordance
with Article 14. Member
States may provide for
specific provisions taking
into account the
specificities of different
sectors and works and
anticipated exploitation
period, notably provide for
time limits for the right of
revocation.
286.
Art. 16a
2.
The right of
(EP),
revocation provided for in
para 2
paragraph 1 may be
exercised only after a
reasonable time from the
conclusion of the licence
or transfer agreement, and
only upon written
notification setting an
appropriate deadline by
which the exploitation of
the licensed or transferred
rights is to take place.
After the expiration of that
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deadline, the author or
performer may choose to
terminate the exclusivity of
the contract instead of
revoking the rights. Where
a work or other subject-
matter contains the
contribution of a plurality
of authors or performers,
the exercise of the
individual right of
revocation of such authors
or performers shall be
regulated by national law,
laying down the rules on
the right of revocation for
collective works, taking
into account the relative
importance of the
individual contributions.
287.
Art. 16a
3.
Paragraphs 1 and 2
(EP),
shall not apply if the non-
para 3
exercise of the rights is
predominantly due to
circumstances which the
author or the performer
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can be reasonably
expected to remedy.
288.
Art. 16a
4.
Contractual or
(EP),
other arrangements
para 4
derogating from the right
of revocation shall be
lawful only if concluded by
means of an agreement
which is based on a
collective bargaining
agreement.
289.
TITLE V
TITLE V
TITLE V
TITLE V
FINAL PROVISIONS
FINAL PROVISIONS
FINAL PROVISIONS
FINAL PROVISIONS
290.
Art. 17,
Article 17
Article 17
Article 17
Article 17
title
Amendments to other
Amendments to other
Amendments to other
Amendments to other
directives
directives
directives
directives
291.
Art. 17, para 1.
Directive 96/9/EC
1.
Directive 96/9/EC
1.
Directive 96/9/EC
1.
Directive 96/9/EC
1
is amended as follows:
is amended as follows:
is amended as follows:
is amended as follows:
292.
Art. 17, para (a)
In Article 6(2),
(a)
In Article 6(2),
(a)
In Article 6(2), point (a)
In Article 6(2),
1, point (a)
point (b) is replaced by the point (b) is replaced by the (b) is replaced by the point (b) is replaced by the
following:
following:
following:
following:
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293.
Art. 17, para
"(b) where there is use
"(b) where there is use
"(b) where there is use
"(b) where there is use
1, point (a)
for the sole purpose of
for the sole purpose of
for the sole purpose of
for the sole purpose of
illustration for teaching
illustration for teaching
illustration for teaching
illustration for teaching
or scientific research, as
or scientific research,
or scientific research, as
or scientific research, as
long as the source is
as long as the source is
long as the source is
long as the source is
indicated and to the
indicated and to the
indicated and to the
indicated and to the
extent justified by the
extent justified by the
extent justified by the
extent justified by the
non-commercial
non-commercial
non-commercial
non-commercial
purpose to be achieved,
purpose to be
purpose to be achieved,
purpose to be achieved,
without prejudice to the
achieved, without
without prejudice to the
without prejudice to the
exceptions and the
prejudice to the
exceptions and the
exceptions and the
limitation provided for
exceptions and the
limitation provided for
limitation provided for
in Directive [this
limitation provided for
in
Articles 3 and 4 of
in
Articles 3 and 4 of
Directive];"
in Directive [this
Directive [this
Directive [this
Directive];"
Directive];"
Directive];"
[possibility to refer to other
relevant Articles to be
discussed]
294.
Art. 17, para (b)
In Article 9, point
(b)
In Article 9, point
(b)
In Article 9, point (b)
In Article 9, point
1, point (b)
(b) is replaced by the
(b) is replaced by the
(b) is replaced by the (b) is replaced by the
following:
following:
following:
following:
295.
Art. 17, para
"(b) in the case of
"(b) in the case of
"(b) in the case of
"(b) in the case of extraction
1, point (b)
extraction for the
extraction for the
extraction for the
for the purposes of illustration
purposes of illustration
purposes of illustration
purposes of illustration
for teaching or scientific
for teaching or scientific
for teaching or scientific
for teaching or scientific research, as long as the source
is indicated and to the extent
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research, as long as the
research, as long as the
research, as long as the
justified by the non-
source is indicated and
source is indicated and
source is indicated and
commercial purpose to be
to the extent justified by
to the extent justified by
to the extent justified by achieved, without prejudice to
the non-commercial
the non-commercial
the non-commercial
the exceptions and the
purpose to be achieved,
purpose to be achieved,
purpose to be achieved, limitation provided for in
without prejudice to the
without prejudice to the
without prejudice to the
Articles 3 and 4 of Directive
exceptions and the
exceptions and the
exceptions and the
[this Directive];"
limitation provided for
limitation provided for
limitation provided for
[possibility to refer to other
in Directive [this
in Directive [this
in
Articles 3 and 4 of
relevant Articles to be
Directive];"
Directive];"
Directive [this
discussed]
Directive];"
296.
Art. 17, para 2.
Directive
2.
Directive
2.
Directive
2.
Directive
2
2001/29/EC is amended as 2001/29/EC is amended as 2001/29/EC is amended as 2001/29/EC is amended as
follows:
follows:
follows:
follows:
297.
Art. 17, para (a)
In Article 5(2),
(a)
In Article 5(2),
(a)
In Article 5(2), point (a)
In Article 5(2),
2, point (a)
point (c) is replaced by the point (c) is replaced by the (c) is replaced by the point (c) is replaced by the
following:
following:
following:
following:
298.
Art. 17, para
"(c) in respect of specific
"(c) in respect of
"(c) in respect of
"(c) in respect of
2, point (a)
acts of reproduction made
specific acts of
specific acts of
specific acts of
by publicly accessible
reproduction made by
reproduction made by
reproduction made by
libraries, educational
publicly accessible
publicly accessible
publicly accessible
establishments or
libraries, educational
libraries, educational
libraries, educational
museums, or by archives,
establishments or
establishments or
establishments or
which are not for direct
museums, or by
museums, or by
museums, or by
or indirect economic or
archives, which are not
archives, which are not
archives, which are not
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commercial advantage,
for direct or indirect
for direct or indirect
for direct or indirect
without prejudice to the
economic or commercial
economic or
economic or
exceptions and the
advantage, without
commercial advantage,
commercial advantage,
limitation provided for in
prejudice to the
without prejudice to the
without prejudice to the
Directive [this
exceptions and the
exceptions and the
exception and the
Directive];"
limitation provided for
limitation
exception
limitations provided for
in Directive [this
provided for in
Article
in
Article 5 of Directive
Directive];"
5 of Directive [this
[this Directive];"
Directive];"
[to be comfirmed]
299.
Art. 17, para (b)
In Article 5(3),
(b)
In Article 5(3),
(b)
In Article 5(3), point (b)
In Article 5(3),
2, point (b)
point (a) is replaced by the point (a) is replaced by the (a) is replaced by the point (a) is replaced by the
following:
following:
following:
following:
300.
Art. 17, para
"(a) use for the sole
"(a) use for the sole
"(a) use for the sole
"(a) use for the sole
2, point (b)
purpose of illustration for
purpose of illustration for
purpose of illustration
purpose of illustration
teaching or scientific
teaching or scientific
for teaching or scientific
for teaching or scientific
research, as long as the
research, as long as the
research, as long as the
research, as long as the
source, including the
source, including the
source, including the
source, including the
author's name, is
author's name, is
author's name, is
author's name, is
indicated, unless this
indicated, unless this
indicated, unless this
indicated, unless this
turns out to be impossible
turns out to be impossible
turns out to be
turns out to be
and to the extent justified
and to the extent justified
impossible and to the
impossible and to the
by the non-commercial
by the non-commercial
extent justified by the
extent justified by the
purpose to be achieved,
purpose to be achieved,
non-commercial
non-commercial
without prejudice to the
without prejudice to the
purpose to be achieved,
purpose to be achieved,
exceptions and the
exceptions and the
without prejudice to the
without prejudice to the
limitation provided for in
limitation provided for in
exceptions and the
exceptions and the
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Directive [this
Directive [this
limitation provided for
limitation provided for
Directive];"
Directive];"
in
Articles 3 and 4 of
in
Articles 3 and 4 of
Directive [this
Directive [this
Directive];"
Directive];"
[possibility to refer to other
relevant Articles to be
discussed further]
301.
Art. 17, para (c)
In Article 12(4), the (c)
In Article 12(4), the (c)
In Article 12(4), the (c)
In Article 12(4), the
2, point (c)
following points are added: following points are added: following points are added: following points are added:
302.
Art. 17, para
"(e) to examine the
"(e) to examine the
"(e) to examine the
"(e) to examine the impact
2, point (c)
impact of the
impact of the
impact of the
of the transposition of
transposition of Directive
transposition of Directive
transposition of Directive Directive [this Directive]
[this Directive] on the
[this Directive] on the
[this Directive] on the
on the functioning of the
functioning of the
functioning of the internal
functioning of the
internal market and to
internal market and to
market and to highlight
internal market and to
highlight any transposition
highlight any
any transposition
highlight any
difficulties;
transposition difficulties;
difficulties;
transposition difficulties;
303.
Art. 17, para
(f) to facilitate the
(f) to facilitate the
(f) to facilitate the
(f) to facilitate the
2, point (c)
exchange of information
exchange of information
exchange of information exchange of information on
on the relevant
on the relevant
on the relevant
the relevant developments
developments in
developments in
developments in
in legislation and case law
legislation and case law
legislation and case law
legislation and case law
as well as on the practical
as well as on the practical
as well as on the practical
as well as on the practical application of the measures
application of the
application of the
application of the
taken by Member States to
measures taken by
measures taken by
measures taken by
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Member States to
Member States to
Member States to
implement Directive [this
implement Directive [this
implement Directive [this
implement Directive [this Directive];
Directive];
Directive];
Directive];
304.
Art. 17, para
(g) to discuss any other
(g) to discuss any other
(g) to discuss any other
(g) to discuss any other
2, point (c)
questions arising from the questions arising from the
questions arising from
questions arising from the
application of Directive
application of Directive
the application of
application of Directive
[this Directive]."
[this Directive]."
Directive [this
[this Directive]."
Directive]."
305.
Art. 17a,
Article 17 a
Article 17 a
title
306.
Art. 17a
Member States may adopt
Member States may adopt
or maintain in force
or maintain in force
broader provisions,
broader provisions,
compatible with the
compatible with the
exceptions and limitations
exceptions and limitations
existing in Union law, for
set out in Directives
uses covered by the
96/9/EC and 2001/29/EC,
exceptions or the
for uses covered by the
limitation provided for in
exceptions or the limitation
this Directive.
provided for in this
Directive [as long as they
do not limit the scope of the
mandatory exceptions laid
down in this Directive] and
on condition that their
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application does not
adversely affect nor
circumvent the mandatory
rules set out in this
Directive.
[To be discussed further at
political level]
307.
Art. 18
Article 18
Article 18
Article 18
Article 18
Application in time
Application in time
Application in time
Application in time
308.
Art. 18, para 1.
This Directive shall 1.
This Directive shall 1.
This Directive shall 1.
This Directive shall
1
apply in respect of all
apply in respect of all
apply in respect of all
apply in respect of all
works and other subject-
works and other subject-
works and other subject-
works and other subject-
matter which are protected matter which are protected matter which are protected matter which are protected
by the Member States'
by the Member States'
by the Member States'
by the Member States'
legislation in the field of
legislation in the field of
legislation in the field of
legislation in the field of
copyright on or after [the
copyright on or after [the
copyright on or after [the
copyright on or after [the
date mentioned in Article
date mentioned in Article
date mentioned in Article
date mentioned in Article
21(1)].
21(1)].
21(1)].
21(1)].
309.
Art. 18, para 2.
The provisions of
Deleted
2.
[Deleted]
Deleted
2
Article 11 shall also apply
to press publications
published before [the date
mentioned in Article
21(1)].
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310.
Art. 18, para 3.
This Directive shall 3.
This Directive shall 3.
This Directive shall 3.
This Directive shall
3
apply without prejudice to apply without prejudice to
apply without prejudice to apply without prejudice to
any acts concluded and
any acts concluded and
any acts concluded and
any acts concluded and
rights acquired before [the rights acquired before [the rights acquired before [the rights acquired before [the
date mentioned in Article
date mentioned in Article
date mentioned in Article
date mentioned in Article
21(1)].
21(1)].
21(1)].
21(1)].
311.
Art. 19, title
Article 19
Article 19
Article 19
Article 19
Transitional provision
Transitional provision
Transitional provision
Transitional provision
312.
Art. 19
Agreements for the licence Agreements for the licence Agreements for the licence Agreements for the licence
or transfer of rights of
or transfer of rights of
or transfer of rights of
or transfer of rights of
authors and performers
authors and performers
authors and performers
authors and performers
shall be subject to the
shall be subject to the
shall be subject to the
shall be subject to the
transparency obligation in
transparency obligation in
transparency obligation in transparency obligation in
Article 14 as from [one
Article 14 as from [one
Article 14 as from [one
Article 14 as from [one
year after the date
year after the date
year after the date
year after the date
mentioned in Article
mentioned in Article
mentioned in Article
mentioned in Article
21(1)].
21(1)].
21(1)].
21(1)].
313.
Art. 20, title
Article 20
Article 20
Article 20
Article 20
Protection of personal data Protection of personal data Protection of personal data Protection of personal data
314.
Art. 20
The processing of personal The processing of personal The processing of personal The processing of personal
data carried out within the
data carried out within the
data carried out within the
data carried out within the
framework of this Directive framework of this Directive framework of this Directive framework of this Directive
shall be carried out in
shall be carried out in
shall be carried out in
shall be carried out in
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compliance with Directives compliance with Directives compliance with Directives compliance with Directives
95/46/EC and 2002/58/EC. 95/46/EC and 2002/58/EC. 95/46/EC and 2002/58/EC. 95/46/EC and 2002/58/EC.
315.
Art. 21, title
Article 21
Article 21
Article 21
Transposition
Transposition
Transposition
316.
Art. 21, para 1.
Member States
1.
Member States shall 1.
Member States shall
1
shall bring into force the
bring into force the laws,
bring into force the laws,
laws, regulations and
regulations and
regulations and
administrative provisions
administrative provisions
administrative provisions
necessary to comply with
necessary to comply with
necessary to comply with
this Directive by [12
this Directive by [12
this Directive by [12
24
months after entry into
months after entry into
months after entry into
force] at the latest. They
force] at the latest. They
force] at the latest. They
shall forthwith
shall forthwith
shall forthwith
communicate to the
communicate to the
communicate to the
Commission the text of
Commission the text of
Commission the text of
those provisions.
those provisions.
those provisions.
317.
Art. 21, para When Member States adopt When Member States adopt When Member States adopt
1, sub-para 2 those provisions, they shall those provisions, they shall those provisions, they shall
contain a reference to this
contain a reference to this
contain a reference to this
Directive or be
Directive or be
Directive or be
accompanied by such a
accompanied by such a
accompanied by such a
reference on the occasion
reference on the occasion
reference on the occasion
of their official publication. of their official publication. of their official publication.
Member States shall
Member States shall
Member States shall
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determine how such
determine how such
determine how such
reference is to be made.
reference is to be made.
reference is to be made.
318.
Art. 21, para 2.
Member States
2.
Member States shall 2.
Member States shall
2
shall communicate to the
communicate to the
communicate to the
Commission the text of the Commission the text of the Commission the text of the
main provisions of national main provisions of national main provisions of national
law which they adopt in the law which they adopt in the law which they adopt in the
field covered by this
field covered by this
field covered by this
Directive.
Directive.
Directive.
319.
Art. 22, title
Article 22
Article 22
Article 22
Article 22
Review
Review
Review
Review
320.
Art. 22, para 1.
No sooner than
1.
No sooner than
1.
No sooner than
1.
No sooner than
1
[five years after the date
[five years after the date
[five years after the date
[five years after the date
mentioned in Article
mentioned in Article
mentioned in Article
mentioned in Article
21(1)], the Commission
21(1)], the Commission
21(1)], the Commission
21(1)], the Commission
shall carry out a review of
shall carry out a review of
shall carry out a review of
shall carry out a review of
this Directive and present a this Directive and present a this Directive and present a this Directive and present a
report on the main findings report on the main findings report on the main findings report on the main findings
to the European
to the European Parliament, to the European Parliament, to the European
Parliament, the Council
the Council and the
the Council and the
Parliament, the Council
and the European
European Economic and
European Economic and
and the European
Economic and Social
Social Committee.
Social Committee.
Economic and Social
Committee.
Committee.
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321.
Art. 22, para 2.
Member States
2.
Member States shall 2.
Member States shall 2.
Member States
2
shall provide the
provide the Commission
provide the Commission
shall provide the
Commission with the
with the necessary
with the necessary
Commission with the
necessary information for
information for the
information for the
necessary information for
the preparation of the
preparation of the report
preparation of the report
the preparation of the
report referred to in
referred to in paragraph 1.
referred to in paragraph 1.
report referred to in
paragraph 1.
paragraph 1.
322.
Art. 23, title
Article 23
Article 23
Article 23
Article 23
Entry into force
Entry into force
Entry into force
Entry into force
323.
Art. 23
This Directive shall enter
This Directive shall enter
This Directive shall enter
This Directive shall enter
into force on the twentieth into force on the twentieth into force on the twentieth into force on the twentieth
day following that of its
day following that of its
day following that of its
day following that of its
publication in the
Official
publication in the
Official
publication in the
Official
publication in the
Official
Journal of the European
Journal of the European
Journal of the European
Journal of the European
Union.
Union.
Union.
Union.
324.
Art. 24, title
Article 24
Article 24
Article 24
Article 24
Addressees
Addressees
Addressees
Addressees
325.
Art. 24
This Directive is addressed This Directive is addressed This Directive is addressed This Directive is addressed
to the Member States.
to the Member States.
to the Member States.
to the Member States.
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