Version 3.2
23/11/2018
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
TITLE I
GENERAL PROVISIONS
GENERAL PROVISIONS
GENERAL PROVISIONS
GENERAL PROVISIONS
106.
Art.1,
Article 1
Article 1
Article 1
Article 1
Subject matter and scope
Subject matter and scope
Subject matter and scope
Subject matter and scope
title
107.
Art. 1, para
1.
This Directive lays
1. This Directive lays
1.
This Directive lays
1. This Directive lays down
1
down rules which aim at
down rules which aim at
down rules which aim at
rules which aim at further
further harmonising the
further harmonising the
further harmonising the
harmonising the Union law
Union law applicable to
Union law applicable to
Union law applicable to
applicable to copyright and
copyright and related
copyright and related
copyright and related
related rights in the
rights in the framework of
rights in the framework of
rights in the framework of
framework of the internal
the internal market, taking
the internal market, taking
the internal market, taking
market, taking into account
into account in particular
into account in particular
into account in particular
in particular digital and
digital and cross-border
digital and cross-border
digital and cross-border
cross-border uses of
uses of protected content.
uses of protected content.
uses of protected content.
protected content. It also lays
It also lays down rules on
It also lays down rules on
It also lays down rules on
down rules on exceptions
exceptions and limitations,
exceptions and limitations,
exceptions and limitations,
and limitations, on the
on the facilitation of
on the facilitation of
on the facilitation of
facilitation of licences as
licences as well as rules
licences as well as rules
licences as well as rules
well as rules aiming at
aiming at ensuring a well-
aiming at ensuring a well-
aiming at ensuring a well-
ensuring a well-functioning
functioning marketplace
functioning marketplace
functioning marketplace
marketplace for the
for the exploitation of
for the exploitation of
for the exploitation of
exploitation of works and
works and other subject-
works and other subject-
works and other subject-
other subject-matter.
matter.
matter.
matter.
[identical text]
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108.
Art. 1, para
2.
Except in the cases
2. Except in the cases
2.
Except in the cases
2
referred to in Article 6, this
referred to in Article 6, this
referred to in Article 6
17,
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
goal of which is to conduct
primary goal of which is to
primary goal of which is to
of which is to conduct
scientific research or to
conduct scientific research
conduct scientific research
scientific research
or to
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conduct scientific research
or to conduct scientific
or to conduct scientific
carry out educational
and provide educational
research and provide
research and provide
activities involving also the
services:
educational services:
educational services:
conduct of scientific
involving also the
research:
conduct of scientific
[provisionally agreed at
research:
Trilogue 25/10/2018]
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
the profits in its scientific
the profits in its scientific
the profits in its scientific
profits in its scientific
research; or
research; or
research; or
research; or
[provisionally agreed at
Trilogue 25/10/2018]
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;
[provisionally agreed at
Trilogue 25/10/2018]
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 access
1, closing
access to the results
access to the results
access to the results
to the results generated by
phrase
generated by the scientific
generated by the scientific
generated by the scientific
the scientific research cannot
research cannot be enjoyed
research cannot be enjoyed
research cannot be enjoyed
be enjoyed on a preferential
on a preferential basis by
on a preferential basis by
on a preferential basis by
basis by an undertaking
an undertaking exercising
an undertaking exercising
an undertaking exercising
exercising a
significant
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a decisive influence upon
a
significant influence
a decisive influence upon
decisive influence upon
such organisation;
upon such organisation;
such organisation;
such organisation;
[provisionally agreed at
Trilogue 25/10/2018]
115.
Art. 2, para
(2)
‘text and data
(2) 'text and data mining'
(2)
‘text and data
(2) ‘text and data mining’
2
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
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 to,
as patterns, trends and
not limited to, patterns,
as patterns, trends and
patterns, trends and
correlations;
trends and correlations
.
correlations;
correlations;
[provisionally agreed at
Trilogue 25/10/2018]
116.
Art. 2, para
(3)
‘cultural heritage
(3)
‘cultural heritage
(3)
‘cultural heritage
(3)
‘cultural heritage
3
institution’ means a
institution’ means a
institution’ means a
institution’ means a publicly
publicly accessible library
publicly accessible library
publicly accessible library
accessible library or
or museum, an archive or a
or museum, an archive or a
or museum, an archive or a
museum, an archive or a film
film or audio heritage
film or audio heritage
film or audio heritage
or audio heritage institution;
institution;
institution;
institution;
[provisionally agreed at
Trilogue 25/10/2018]
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117.
Art. 2, para
(4)
‘press publication’
(4) ‘press publication’
(4)
‘press publication’
4
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
[remaining part of this
individual item within a
works or subject-matter
pargraph was split up in
periodical or regularly-
and constitutes an
points (a) to (d) - see
updated publication under
individual item within a
following rows 118-121]
a single title, such as a
periodical or regularly-
newspaper or a general or
updated publication under
special interest
a single title, such as a
magazine, having the
newspaper or a general or
purpose of providing
special interest magazine,
information related to
having the purpose of
news 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
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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
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
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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:
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
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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
information society
service whose main or
service one of the main
one of the main purposes
purposes of which is to
is to store and give the
store and give access to
public access to a large
the public to a significant
amount of works or other
amount of copyright
subject-matter uploaded
protected works or other
by its users which it
organises and promotes
protected subject-matter
uploaded by its users,
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which the service
for profit-making
optimises and promotes
purposes.
for profit making
Providers of services
purposes.
such as non-for-profit
Microenterprises and
online encyclopaedias,
small-sized enterprises
non-for-profit
educational and scientific
within the meaning of
repositories, non-for-
Title I of the Annex to
profit open source
Commission
software developing
Recommendation
platforms, as well as
2003/361/EC and services
internet access service
acting in a non-
providers, online
commercial purpose
marketplaces and
providers of cloud
capacity such as online
services which allow
encyclopaedia, and
users, including
providers of online
businesses for their
services where the content
internal purposes, to
is uploaded with the
upload content for their
authorisation of all right
own use shall not be
considered online content
holders concerned, such
sharing service providers
as educational or
within the meaning of
scientific repositories,
this Directive;
shall not be considered
online content sharing
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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
(EP)/para 6
within the meaning of
within the meaning of
(Council)
point (b) of Article 1(1) of
Article 1(1)(b) of
Directive (EU) 2015/1535
Directive (EU) 2015/1535.
of the European
Parliament and of the
Council1a;
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___________
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 works
collected by automated
means via a third-party
online service.
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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
Article 3
129.
Art. 3,
Article 3
Article 3
Article 3
Text and data mining for
Text and data mining
Text and data mining
Text and data mining for the
title
the purposes of scientific
purposes of scientific
research
research
[provisionally agreed at
Trilogue 25/10/2018]
130.
Art. 3, para
1.
Member States
1. Member States shall
1.
.Member States
1. Member States shall
1
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) of
Article 11(1) of this
of this Directive for
Article 11(1) of this
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
research organisations in
research organisations in
research organisations
and
organisations
and cultural
order to carry out text and
order to carry out text and
cultural heritage
heritage institutions in order
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data mining of works or
data mining of works or
institutions in order to
to carry out text and data
other subject-matter to
other subject-matter to
carry out text and data
mining of works or other
which they have lawful
which they have lawful
mining of works or other
subject-matter to which they
access for the purposes of
access
research
subject-matter to which
have lawful access
, for the
scientific research.
organisations have lawful
they have lawful access
,
purposes of scientific
access and made in order
for the purposes of
research.
to carry out text and data
scientific research.
mining for the purposes of
scientific research
by such
[provisionally agreed at
organisations.
Trilogue 25/10/2018]
Member States shall
provide for educational
establishments and
cultural heritage
institutions conducting
scientific research within
the meaning of point
(1)(a) or (1)(b) of Article
2, in such a way that the
access to the results
generated by the scientific
research cannot be
enjoyed on a preferential
basis by an undertaking
exercising a decisive
influence upon such
organisations, to also be
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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 other
1a
extractions made for text
other subject-matter
subject-matter made in
and data mining purposes
made in compliance
compliance with paragraph
shall be stored in a secure
with paragraph 1 shall
1 shall be stored with an
manner, for example by
be stored with an
appropriate level of security
trusted bodies appointed
appropriate level of
and may be retained for the
for this purpose.
security and not be
purposes of scientific
retained for longer
research, including for the
than necessary for
verification of research
achieving the purposes
results.
of scientific research.
[provisionally agreed at
Trilogue 25/10/2018]
132.
Art. 3, para
2.
Any contractual
2.
Any contractual
2.
[Moved to Article 6(1)]
[Moved to Article 6(1)]
2
provision contrary to the
provision contrary to the
[provisionally agreed at
exception provided for in
exception provided for in
Trilogue 25/10/2018]
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.
Rightholders shall
3.
Rightholders shall
3.
Rightholders shall
3.
Rightholders shall be
3
be allowed to apply
be allowed to apply
be allowed to apply
allowed to apply measures to
measures to ensure the
measures to ensure the
measures to ensure the
ensure the security and
security and integrity of
security and integrity of
security and integrity of
integrity of the networks and
the networks and databases
the networks and databases
the networks and databases
databases where the works
where the works or other
where the works or other
where the works or other
or other subject-matter are
subject-matter are hosted.
subject-matter are hosted.
subject-matter are hosted.
hosted. Such measures shall
Such measures shall not go
Such measures shall not go
Such measures shall not go
not go beyond what is
beyond what is necessary
beyond what is necessary
beyond what is necessary
necessary to achieve that
to achieve that objective.
to achieve that objective.
to achieve that objective.
objective.
[provisionally agreed at
Trilogue 25/10/2018]
134.
Art. 3, para
4.
Member States
4.
Member States
4.
Member States
4.
Member States shall
4
shall encourage
shall encourage
shall encourage
encourage rightholders and,
rightholders and research
rightholders and research
rightholders and
, research
research organisations and
organisations
and cultural
organisations to define
organisations to define
cultural heritage institutions
heritage institutions to
commonly-agreed best
commonly-agreed best
to define commonly-agreed
define commonly-agreed
practices concerning the
practices concerning the
best practices concerning
best practices concerning the
application of the measures
application of the measures
the application of the
application of the obligation
referred to in paragraph 3.
referred to in paragraph
obligation and measures
and measures referred to
3.
may continue to provide
referred to
respectively in
respectively in paragraphs 1a
text and data mining
paragraph
s 1a and 3.
and 3.
exceptions in accordance
with point (a) of Article
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5(3) of Directive
[provisionally agreed tbc at
2001/29/EC.
trilogue]
EP could agree at Trilogue
25/10/2018 to introduce the
relation with existing
exceptions under InfoSoc
Directive under Article 17a
(see row 306)]
135.
Art. 3a, title
Article 3a
Article 3a
Article 3a
Optional exception or
Optional exception or
Optional exception or
limitation for text and
limitation for text and
limitation for text and data
data mining
data 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/shall
may provide for an
may provide for an
provide for an exception or
exception or a limitation
exception or a limitation
a limitation to the rights
to the rights provided for
to the rights provided for
in Article 2 of Directive
provided for in Article 2 of
in 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
96/9/EC and Article 11(1)
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and 7(1) of Directive
of this Directive for
Directive 96/9/EC, Article
96/9/EC and Article 11(1)
temporary reproductions
4(1)(a) and (b) of Directive
of this Directive for
and extractions of
2009/24/EC and Article
lawfully accessible works
reproductions and
11(1) of this Directive for
and other subject-matter
extractions of lawfully
temporary reproductions
that form a part of the
accessible works and
process of text and data
and extractions of lawfully
other subject-matter that
mining.
accessible works and other
form a part of the process
subject-matter that form a
of text and data mining,
part of the process for the
provided that the use of
purposes of text and data
works and other subject
mining.
matter referred to therein
[COM suggestion to turn the
has not been expressly
optional exception into a
reserved by their
mandatory one by replacing
rightholders, including by
“may provide” by “shall
machine readable means.
provide” to be discussed
further at political level.
Apart from 'may' or 'shall',
text of Article 3a
provisionally agreed as set
out in rows 136, 137, 138
and 139]
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137.
Art. 3a, para
2.
Reproductions
2.
Reproductions and
2 (EP)
and extractions made
extractions made pursuant
pursuant to paragraph 1
to paragraph 1 may be
shall not be used for
retained as long as
purposes other than text
necessary for the purposes
and data mining.
of text and data mining.
[provisionally agreed at
Trilogue 25/10/2018 / TM
13/11/2018 ]
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
matter referred to therein
therein has not been
has not been expressly
expressly reserved by
reserved by their
their rightholders
rightholders in an
including by technical
appropriate manner, such
means.
as machine readable means
for the content made
[See para. 1 of EP text
publicly available online.
(row 136)]
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[provisionally agreed in
conjunction with wording of
recital (13a) (row 28)]
139.
Art. 3a, para
3.
Member States
3. This Article shall not
3
may continue to provide
affect the application of
text and data mining
Article 3 of this Directive.
exceptions in accordance
[This phrase replaces the
with point (a) of Article 5
'Without prejudice'-
(3) of Directive
clarification previously
2001/29/EC.
contained in paragraph 1.
[provisionaly agreed tbc at
trilogue]
Agreed at Trilogue
25/10/2018 to introduce the
relation with existing
exceptions under InfoSoc
Directive under Article 17a
(see row 306)]
140.
Art. 4,
Article 4
Article 4
Article 4
Article 4
Use of works and other
Use of works and other
Use of works and other
Use of works and other
title
subject-matter in digital
subject-matter in digital
subject-matter in digital
subject-matter in digital and
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and cross-border teaching
and cross-border teaching
and cross-border teaching
cross-border teaching
activities
activities
activities
activities
141.
Art. 4, para
1.
Member States
1.
Member States
1.
Member States
1.Member States shall
1
shall provide for an
shall provide for an
shall provide for an
provide for an exception or
exception or limitation to
exception or limitation to
exception or limitation to
limitation to the rights
the rights provided for in
the rights provided for in
the rights provided for in
provided for in Articles 2
Articles 2 and 3 of
Articles 2 and 3 of
Articles 2 and 3 of
and 3 of Directive
Directive 2001/29/EC,
Directive 2001/29/EC,
Directive 2001/29/EC,
2001/29/EC, Articles 5(a),
Articles 5(a) and 7(1) of
Articles 5(a) and 7(1) of
Articles 5(a
), (b), (d) and
(b), (d) and (e) and 7(1) of
Directive 96/9/EC, Article
Directive 96/9/EC, Article
(e) and Article 7(1) of
Directive 96/9/EC, Article
4(1) of Directive
4(1) of Directive
Directive 96/9/EC, Article
4(1)
(a), and (b) of Directive
2009/24/EC and Article
2009/24/EC and Article
4(1
)(a) and (b) of
2009/24/EC and Article
11(1) of this Directive in
11(1) of this Directive in
Directive 2009/24/EC and
11(1) of this Directive in
order to allow for the
order to allow for the
Article 11(1) of this
order to allow the digital use
digital use of works and
digital use of works and
Directive in order to allow
of works and other subject-
other subject-matter for the
other subject-matter for the
for the digital use of works
matter for the sole purpose
sole purpose of illustration
sole purpose of illustration
and other subject-matter
of illustration for teaching, to
for teaching, to the extent
for teaching, to the extent
for the sole purpose of
the extent justified by the
justified by the non-
justified by the non-
illustration for teaching, to
non-commercial purpose to
commercial purpose to be
commercial purpose to be
the extent justified by the
be achieved, provided that
achieved, provided that the
achieved, provided that the
non-commercial purpose to
such use:
use:
use:
be achieved, provided that
[Overall provisionally
the
such use:
agreed at Trilogue
25/10/2018; reference to
Directive 2009/24/EC
agreed at TM provided that
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it is clarified in a recital
that distribution of software
allowed under the exception
is limited to digital
transmission of software]
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
electronic
environment
pupils or students and
responsibility of the
secure 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
[provisionally agreed at
only by the educational
Trilogue 25/10/2018 / TM
establishment's pupils or
13/11/2018 together with
students and teaching staff;
text on recital 16a, row 33]
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
the indication of the
the indication of the
indication of the source,
source, including the
source, including the
source, including the
including the author's name,
author's name, unless this
author's name, unless this
author's name, unless this
unless this turns out to be
turns out to be impossible.
turns out to be impossible
turns out to be impossible.
impossible.
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for reasons of
[provisionally agreed at
practicability.
Trilogue 25/10/2018]
144.
Art. 4, para
2.
Member States may 2.
Member States may 2.
Notwithstanding
2.
Notwithstanding Article
2, sub-
provide that the exception
provide that the exception
Article 6(1), Member
6(1), Member States may
para 1
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
matter,
such as material
acts described in paragraph
educational market or
extent that adequate
which is primarily intended
1 are easily available in the
sheet music, to the extent
licences
covering the
for the educational market
market.
that adequate licences
needs of educational
or sheet music, to the extent
licencing agreements
establishments and
that
suitable licences
authorising the acts
authorising the acts
authorising the acts
described in paragraph 1
described in paragraph 1
described in paragraph 1
and tailored to the needs
are easily available in the
covering the needs and
and specificities of
market.
specificities of educational
educational
establishments are easily
establishments are easily
available in the market.
available in the market.
[provisionally agreed at
Trilogue 25/10/2018 / TM
13/11/2018 together with
text on recitals (16) and
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(17), rows 32 and 35 tbc by
trilogue]
145.
Art. 4, para
Member States availing
Member States availing
Member States availing
Member States availing
2, sub-para
themselves of the
themselves of the
themselves of the
themselves of the provision
2
provision of the first
provision of the first
provision of the first
of the first subparagraph
subparagraph shall take the
subparagraph shall take the
subparagraph shall take the
shall take the necessary
necessary measures to
necessary measures to
necessary measures to
measures to ensure
ensure appropriate
ensure appropriate
ensure appropriate
appropriate availability and
availability and visibility
availability and visibility
availability and visibility
visibility of the licences
of the licences authorising
of the licences authorising
of
that rightholders make
authorising the acts
the acts described in
the acts described in
the licences authorising the
described in paragraph 1 for
paragraph 1 for
paragraph 1 for
acts described in paragraph
educational establishments.
educational establishments.
educational establishments.
1
available and visible for
[provisionally agreed at TM
educational establishments.
together with text on recital
(17) and (17a), rows 35 and
36, tbc by trilogue]
146.
Art. 4, para
3.
The use of works
3.
The use of works
3.
The use of works
3. The use of works and
3
and other subject-matter
and other subject-matter
and other subject-matter
other subject-matter for the
for the sole purpose of
for 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 shall
Article shall be deemed to
pursuant to this Article
Article shall be deemed to
be deemed to occur solely in
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occur solely in the Member
shall be deemed to occur
occur solely in the
the Member State where the
State where the
solely in the Member State
Member State where the
educational establishment is
educational establishment
where the educational
educational establishment
established.
is established.
establishment is
is established.
[provisionally agreed at
established.
Trilogue 25/10/2018 / TM
13/11/2018 together with
text on recital 16a, row 33]
147.
Art. 4, para
4.
Member States may 4.
Member States
4.
Member States may
4.
Member States may
4
provide for fair
may provide for fair
provide for fair
provide for fair
compensation for the harm
compensation for the harm
compensation for the harm
compensation for the harm
incurred by the
incurred by the
incurred by the
to
incurred by the
to
rightholders due to the use
rightholders due to the use
rightholders due to the use
rightholders due to the use of
of their works or other
of their works or other
of their works or other
their works or other subject-
subject-matter pursuant to
subject-matter pursuant to
subject-matter pursuant to
matter pursuant to paragraph
paragraph 1.
paragraph 1.
paragraph 1.
1.
[provisionally agreed at
Trilogue 25/10/2018 / TM
13/11/2018 together with
text on recital (17a), row 36]
148.
Art. 4, para
4a.
Without prejudice
[provisionally agreed at
4a
to paragraph 2, any
trilogue 25/10/2018 to deal
contractual provision
with contractual override
contrary to the exception
under Article 6(1)]
or limitation adopted
[Issue of royalty-free
pursuant to paragraph 1
licences to be further
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shall be unenforceable.
discussed in the context of
Member States shall
the remuneration chapter
ensure that rightholders
and recital (40) of the
have the right to grant
Council]
royalty-free licences
authorising the acts
described in paragraph 1,
generally or as regards
specific types of works or
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
Member States shall
Member States shall provide
1 (EP)]
provide for an exception to
shall provide for an
provide for an exception to
for an 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, Article
96/9/EC, Article 4(1)(a) of
Directive 96/9/EC, Article
96/9/EC, Article 4(1)(a) of
4(1)(a) of Directive
Directive 2009/24/EC and
4(1)(a) of Directive
Directive 2009/24/EC and
2009/24/EC and Article
Article 11(1) of this
2009/24/EC and Article
Article 11(1) of this
11(1) of this Directive,
Directive, permitting
11(1) of this Directive,
Directive, permitting
permitting cultural heritage
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cultural heritage
permitting 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 or
collections, in any format
collections, in any format
collections, in any format
medium, for
purposes of
or medium, for the sole
or medium, for the sole
or medium, for the sole
preservation of such works
purpose of the preservation
purpose
purposes of
purpose of the preservation
or other subject-matter and
of such works or other
preservation of such works
of such works or other
to the extent necessary for
subject-matter and to the
or other subject-matter and
subject-matter and to the
such preservation.
extent necessary for such
to the extent necessary for
extent necessary for such
[provisionally agreed at
preservation.
such preservation.
preservation.
trilogue 25/10/2018]
151.
Art. 5, para
1a.
Member States
[To be further discussed at
1a
shall ensure that any
political level; COM to
material resulting from an
provide technical assistance]
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
[provisionally agreed at
1b
provision contrary to the
trilogue 25/10/2018 to deal
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exception provided for in
with contractual override
paragraph 1 shall be
under Article 6(1)]
unenforceable.
[See Council’s Article 6(1)
(row 155)]
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.
Accessing content
[To be discussed further at
1 (EP)
covered by an exception
political level;
provided for in this
Discussion to be held at
Directive shall not confer
technical level]
on users any entitlement
to use it pursuant to
another exception.
155.
Art. 6, para
1.
Any contractual
1. Any contractual provision
1 (Council)
provision contrary to the
contrary to the exceptions
exceptions provided for in
provided for in
Articles 3, 4
Articles 3, 4(1) and 5
and 5 shall be
shall be unenforceable.
unenforceable.
[See Article 3(2) of the
[
provisionally agreed at
COM proposal and
trilogue 25/10/2018]
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Parliament’s Articles 3(2)
and 4(4a) and 5(1b)]
156.
Art. 6, para
Article 5(5) and the first,
2.
Article 5(5) and the
2.
Article 5(5) and
2. Article 5(5) of Directive
2
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
The first, third and fifth
limitation provided for
subparagraphs of Article 6(4) of
the exceptions and the
the exceptions and the
under this Title. The first,
Directive
2001/29/EC
shall
limitation provided for
limitation provided for
third and fifth
apply to Articles 3, 4 and 5 of
under this Title.
under this Title.
subparagraphs of Article
this Directive.
6(4) of Directive
2001/29/EC shall apply to
[EP agrees to drop reference
the exceptions
Articles 3,
to the fourth subparagraph
4(1) and the limitation
of Article 6(4) of Directive
provided for under
5 of this
2001/29/EC;
Title
Directive.
EP: to be left open until
discussions on Article 7
finalised]
157.
TITLE III
TITLE III
TITLE III
TITLE III
MEASURES TO
MEASURES TO
MEASURES TO
MEASURES TO IMPROVE
IMPROVE LICENSING
IMPROVE LICENSING
IMPROVE LICENSING
LICENSING PRACTICES
PRACTICES AND
PRACTICES AND
PRACTICES AND
AND ENSURE WIDER
ENSURE WIDER
ENSURE WIDER
ENSURE WIDER
ACCESS TO CONTENT
ACCESS TO CONTENT
ACCESS TO CONTENT
ACCESS TO CONTENT
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158.
CHAPTER 1
CHAPTER 1
CHAPTER 1
CHAPTER 1
Out-of-commerce works
Out-of-commerce works
Out-of-commerce works
Out-of-commerce works
159.
Art. 7, title
Article 7
Article 7
Article 7
Article 7
Use of out-of-commerce
Use of out-of-commerce
Use of out-of-commerce
Use of out-of-commerce
works by cultural heritage
works by cultural heritage
works by cultural heritage
works by cultural heritage
institutions
institutions
institutions
institutions
160.
Art. 7, para
1.
Member States
1.
Member States
1.
Member States
1.
Member States shall
1,
shall provide that when a
shall provide that when a
shall provide that when a
provide that a collective
introductory
collective management
collective management
collective management
management organisation, in
part
organisation, on behalf of
organisation, on behalf of
organisation, on behalf of
accordance with its
its members, concludes a
its members, concludes a
in accordance with its
mandates, may conclude a
non-exclusive licence for
non-exclusive licence for
members,
non-exclusive licence for
non-commercial purposes
non-commercial purposes
concludes
mandates, may
non-commercial purposes
with a cultural heritage
with a cultural heritage
conclude a non-exclusive
with a cultural heritage
institution for the
institution for the
licence for non-
institution for the
digitisation, distribution,
digitisation, distribution,
commercial purposes with
reproduction, distribution,
communication to the
communication to the
a cultural heritage
communication to the public
public or making available
public or making available
institution for the
or making available to the
of out-of-commerce works
of out-of-commerce works
digitisation
reproduction,
public of out-of-commerce
or other subject-matter
or other subject-matter
distribution,
works or other subject-
permanently in the
permanently in the
communication to the
matter permanently in the
collection of the
collection of the
public or making available
collection of the institution,
institution, such a non-
institution, such a non-
to the public of out-of-
irrespective of whether all
exclusive licence may be
exclusive licence may be
commerce works or other
rightholders covered by the
extended or presumed to
extended or presumed to
subject-matter permanently
licence have mandated the
apply to rightholders of the
apply to rightholders of the
in the collection of the
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same category as those
same category as those
institution, such a non-
collective management
covered by the licence who
covered by the licence who
exclusive licence may be
organisation, provided that:
are not represented by the
are not represented by the
extended or presumed to
collective management
collective management
apply to rightholders of the
organisation, provided
organisation, provided
same category as those
[provisionally agreed at TM;
that:
that:
irrespective of whether
to be confirmed at trilogue]
all rightholders covered
by 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
(a)
the collective
1, point (a)
management organisation
management organisation
management organisation
management organisation is,
is, on the basis of mandates
is, on the basis of mandates
is, on the basis of
on the basis of mandates
from rightholders, broadly
from rightholders, broadly
mandates from
from rightholders,
representative of
representative of
rightholders,
sufficiently representative of
rightholders in the
rightholders in the
broadly
sufficiently
rightholders in the relevant
category of works or other
category of works or other
representative of
type of works or other
subject-matter and of the
subject-matter and of the
rightholders in the
subject-matter and of the
rights which are the subject
rights which are the subject
category
relevant type of
rights which are the subject
of the licence;
of the licence;
works or other subject-
of the licence;
matter and of the rights
[provisionaly agreed at TM;
which are the subject of
to be confirmed at trilogue]
the licence;
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162.
Art. 7, para
(b)
equal treatment is
(b)
equal treatment is
(b)
equal treatment is
(b)
equal treatment is
1, point (b)
guaranteed to all
guaranteed to all
guaranteed to all
guaranteed to all rightholders
rightholders in relation to
rightholders in relation to
rightholders in relation to
in relation to the terms of the
the terms of the licence;
the terms of the licence;
the terms of the licence;
licence
.
163.
Art. 7, para
(c)
all rightholders
(c)
all rightholders
(c)
all rightholders
[
This point is moved to new
1, point (c)
may at any time object to
may at any time object to
may at any time object
paragraph 1b below – line
their works or other
their works or other
to
exclude the possibility
167]
subject-matter being
subject-matter being
for collective
[provisionaly agreed at TM;
deemed to be out of
deemed to be out of
management
to be confirmed at trilogue]
commerce and exclude the
commerce and exclude the
organisations to license
application of the licence
application of the licence
their works or other
to their works or other
to their works or other
subject-matter being
subject-matter.
subject-matter.
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.
Member States shall
1a
shall provide for an
provide for an exception or
exception or limitation to
limitation to the rights
the rights provided for in
provided for in Articles 2
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Articles 2 and 3 of
and 3 of Directive
Directive 2001/29/EC,
2001/29/EC, Articles 5(a),
Articles 5(a) and 7(1) of
(b), (d) and (e) and 7(1) of
Directive 96/9/EC, Article
Directive 96/9/EC, Article
4(1) of Directive
4(1) of Directive
2009/24/EC, and Article
2009/24/EC, and Article
11(1) of this Directive,
11(1) of this Directive, in
permitting cultural
order to allow cultural
heritage institutions to
heritage institutions to make
make copies available
available out-of-commerce
online of out-of-commerce
works or other subject-
works that are located
matter that are permanently
permanently in their
in their collections for non-
collections for not-for-
commercial purposes,
profit purposes, provided
provided that:
that:
[to be discussed further]
165.
Art. 7, para
(a)
the name of the
(a)
[the author or any
1a, point (a)
author or any other
other identifiable
identifiable rightholder is
rightholder was informed
indicated, unless this
individually at least six
turns out to be impossible;
months before the use,
unless this turns out to be
impossible, and] the name
of the author or any other
identifiable rightholder is
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indicated, unless this turns
out to be impossible;
[Council to get back to
Member States on the
deletion of the part in
strikethrough]
166.
Art. 7, para
(b)
all rightholders
(b)
such works or other
1a, point (b)
may at any time object to
subject-matter are made
their works or other
available on dedicated non-
subject-matter being
commercial portals
deemed to be out of
websites [which are
commerce and exclude the
accessible on the premises
application of the
of cultural heritage
exception to their works or
institutions].
other subject-matter.
[
Text of EP covered in new
paragraph 1b below – line
167; Council to get back to
Member States on the
deletion of the part in
strikethrough]
167.
Art. 7, para
1b.
Member States
1b. Member States shall
1b
shall provide that the
provide that the exception or
exception adopted
limitation referred to in the
pursuant to paragraph 1a
previous paragraph only
does not apply in sectors
applies to types of works or
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or for types of works
other subject-matter for
where appropriate
which no collective
licensing-based solutions,
management organisation
including but not limited
exists that fulfils the
to solutions provided for
conditions referred to in
in paragraph 1, are
point (a) of paragraph 1.
available. Member States
1c. Member States shall
shall, in consultation with
provide that all rightholders
authors, other
may at any time, easily and
rightholders, collective
effectively, exclude their
management
works or other subject-
organisations and cultural
matter from the licensing
heritage institutions,
mechanism referred to in
determine the availability
paragraph 1 or from uses
of extended collective
under the exception or
licensing-based solutions
limitation referred to in
for specific sectors or
paragraph 1a, either in
types of works.
general or in specific cases,
including after the
conclusion of a licence or the
beginning of the use
concerned.
[provisionaly agreed at TM;
to be confirmed at trilogue]
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168.
Art. 7, para
2.
A work or other
2.
A work or other
2.
A work or other
2.
A work or other
2, sub-
subject-matter shall be
subject-matter shall be
subject-matter shall be
subject-matter shall be
para 1
deemed to be out of
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
commerce when it can be
work or other subject-
work or other subject-
presumed in good faith
presumed in good faith that
matter, in all its
matter, in all its
that the whole work or
the whole work or other
translations, versions and
translations, versions and
other subject-matter, in all
subject-matter is not
manifestations, is not
manifestations, is not
its translations, versions
available to the public
available to the public
available to the public
and manifestations, is not
through customary channels
through customary
through customary
available to the public
of commerce after a
channels of commerce and
channels of commerce and
through customary
reasonable effort is made to
cannot be reasonably
cannot be reasonably
channels of commerce and
determine such availability.
expected to become so.
expected to become so.
cannot be reasonably
[provisionally agreed at
Member States may
expected to become so.
technical meeting tbc at
provide a cut-off date in
after a reasonable effort
trilogue]
relation to determining
is made to determine
whether a work previously
such 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
Member States may provide
2, sub-
consultation with
consultation with
consultation with
for specific requirements,
para 2
rightholders, collective
rightholders, collective
rightholders, collective
such as a cut-off date, to
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management organisations
management organisations
management organisations
determine whether works
and cultural heritage
and cultural heritage
and cultural heritage
and other subject-matter can
institutions, ensure that the
institutions, ensure that the
institutions, ensure that the
be licensed in accordance
requirements used to
requirements used to
may provide for specific
with paragraph 1
or used
determine whether works
determine whether works
requirements used to
under the exception or
and other subject-matter
and other subject-matter
determine whether works
limitation referred to in
can be licensed in
can be licensed in
and other subject-matter
paragraph 1a. Such
accordance with paragraph
accordance with paragraph
can be licensed in
requirements shall not
1 do not extend beyond
1
or used in accordance
accordance with paragraph
extend beyond what is
what is necessary and
with paragraph 1a do not
1 do
. Such requirements
necessary and reasonable
,
reasonable and do not
extend beyond what is
shall not extend beyond
and shall not preclude the
preclude the possibility to
necessary and reasonable
what is necessary and
possibility to determine the
determine the out-of-
and do not preclude the
reasonable
, and do
shall
out-of-commerce status of a
commerce status of a
possibility to determine the
not preclude the possibility
set of works or other subject-
collection as a whole,
out-of-commerce status of
to determine the out-of-
matter as a whole, when it is
when it is reasonable to
a collection as a whole,
commerce status of a
reasonable to presume that
presume that all works or
when it is reasonable to
collection as
set of works
all works or other subject-
other subject-matter in the
presume that all works or
or other subject-matter
matter are out-of commerce.
collection are out of
other subject-matter in the
as a whole, when it is
[provisionaly agreed at TM
commerce.
collection are out of
reasonable to presume that
to be confirmed at trilogue]
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
3.
[Moved to new Article
para 3,
shall provide that
provide that appropriate
8a(2)]
8a(2)]
appropriate publicity
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introductory
measures are taken
publicity measures are
part
regarding:
taken 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;
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
the works or other subject-
digitised, distributed,
matter are digitised,
communicated to the
distributed, communicated
public or made available.
to the public or made
available.
175.
Art. 7,
4.
Member States
4.
Member States
4.
Member States
4.
Member States shall
para 4,
shall ensure that the
shall ensure that the
shall ensure that the
ensure that the licences
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introductory
licences referred to in
licences referred to in
licences referred to in
referred to in paragraph 1 are
part / Art. 7,
paragraph 1 are sought
paragraph 1 are sought
paragraph 1 are sought
sought from a collective
para 4
from a collective
from a collective
from a collective
management organisation
(Council)
management organisation
management organisation
management organisation
that is representative for the
that is representative for
that is representative for
that is representative for
Member State where the
the Member State where:
the Member State where:
the Member State where:
cultural heritage institution is
the cultural heritage
established.
institution is established.
[provisionally agreed at TM;
to be discussed whether the
meaning of “representative”
should be further clarified ]
176.
Art. 7,
5.
This Article shall
5.
This Article shall not
para 5,
not apply to sets of out-
apply to sets of out-of-
introductory
of-commerce if, following
commerce works if, on the
part
the reasonable effort to
basis of the reasonable effort
(Council)
determine commercial
referred to in paragraph 2,
availability, there is
there is evidence that such
evidence that such sets
sets predominantly consist
predominantly consist of:
of:
[provisionally agreed at TM;
to be confirmed at trilogue]
177.
Art. 7,
(a)
the works or
(a)
the works or
(a)
the works or
other
(a)
works or other
para 4, point
phonograms were first
phonograms were first
subject-matter
subject-matter first published
(a) (EP)/
published or, in the
published or, in the
phonograms were first
or, in the absence of
Art. 7, para
absence of publication,
absence of publication,
published or, in the
publication, first broadcast in
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5, point (a)
where they were first
where they were first
absence of publication,
a third country, except for
(Council)
broadcast, except for
broadcast, except for
where they were first
cinematographic or
cinematographic and
cinematographic and
broadcast
in a third
audiovisual works;
audiovisual works;
audiovisual works;
country, except for
[provisionally agreed at TM;
cinematographic and
or
to be confirmed at trilogue]
audiovisual works;
178.
Art. 7,
(b)
the producers of the
(b)
the producers of the
(b)
cinematographic
(b)
cinematographic or
para 4, point
works have their
works have their
or audiovisual works, the
audiovisual works, the
(b) (EP)/
headquarters or habitual
headquarters or habitual
producers of the
producers of which have
Art. 7, para
residence, for
residence, for
works
which have their
their headquarters or habitual
5, point (b)
cinematographic and
cinematographic and
headquarters or habitual
residence in a third country;
(Council)
audiovisual works; or
audiovisual works; or
residence, for
or
cinematographic and
[provisionally agreed at TM;
audiovisual works
in a
to be confirmed at trilogue]
third country; or
179.
Art. 7,
(c)
the cultural heritage
(c)
the cultural heritage
c)
the cultural heritage
c)
works or other
para 4, point
institution is established,
institution is established,
institution is established,
subject-matter of third
(c) (EP)
when a Member State or a
when a Member State or a
works or other subject-
country nationals when a
/Art. 7, para
third country could not be
third country could not be
matter of third country
Member State or a third
5, point (c)
determined, after
determined, after
nationals when a Member
country could not be
(Council)
reasonable efforts,
reasonable efforts,
State or a third country
determined, after a
according to points (a) and
according to points (a) and
could not be determined,
reasonable effort, according
(b).
(b).
after
a reasonable
to points (a) and (b);
efforts
effort, according to
points (a) and (b).
);
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[provisionally agreed at TM;
to be confirmed at trilogue]
180.
Art. 7, para
5.
Paragraphs 1, 2 and
5.
Paragraphs 1, 2 and
5.
Paragraphs 1, 2 and
unless the collective
5 (EP)/
3 shall not apply to the
3 shall not apply to the
3 shall not apply to
unless
management organisation is
Art. 7,
works or other subject-
works or other subject-
the works or other subject-
sufficiently representative of
para 5,
matter of third country
matter of third country
matter
collective
rightholders of that third
closing
nationals except where
nationals except where
management
country in the meaning of
phrase
points (a) and (b) of
points (a) and (b) of
organisation is
point (a) of paragraph 1.
(Council)
paragraph 4 apply.
paragraph 4 apply.
sufficiently
representative of
rightholders of that third
[provisionally agreed at TM;
country nationals except
to be confirmed at trilogue]
where points
in the
meaning of point (a) and
(b) of paragraph 4 apply
1.
181.
Art. 8, title
Article 8
Article 8
Article 8
Article 8
Cross-border uses
Cross-border uses
Cross-border uses
Cross-border uses
182.
Art. 8, para
1.
Works or other
1.
Works
Out-of-
1.
Works or other
1.
A licence granted in
1
subject-matter covered by
commerce works or other
subject-matter covered by
accordance with Article 7
a licence granted in
subject-matter covered by
a
A licence granted in
may allow the use of out-of-
accordance with Article 7
a licence granted in
accordance with Article 7
commerce works or other
may be used by the
accordance with Article 7
may be used
allow the use
subject-matter by the cultural
cultural heritage institution
may be used by the
of out-of-commerce
heritage institution in any
in accordance with the
cultural heritage institution
works or other subject-
Member State.
in accordance with the
matter by the cultural
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terms of the licence in all
terms of the licence
that
heritage institution in
2. The uses of works and
Member States.
Article in all Member
accordance with the terms
other subject-matter under
States.
of the licence in all
any
the exception or limitation
Member States
State.
referred to in Article 7(1a)
shall be deemed to occur
solely in the Member State
where the cultural heritage
institution undertaking that
use is established.
[provisionally agreed at TM;
to be confirmed at trilogue]
183.
Art. 8, para
2.
Member States
2.
Member States
2.
[Moved to new Article
2.
[Moved to new Article
2
shall ensure that
shall ensure that
8a(1)]
8a(1)]
information that allows the
information that allows the
identification of the works
identification of the works
or other subject-matter
or other subject-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 Article
referred to in
point (c) of
7(1)(c) are made publicly
Article 7(1)
and point (b)
accessible in a single
of Article 7(1a) are made
online portal for at least six
publicly
permanently,
months before the works or
easily and effectively
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other subject-matter are
accessible in a
public
digitised, distributed,
single online portal for at
communicated to the
least six months before the
public or made available in
works or other subject-
Member States other than
matter are digitised,
the one where the licence
distributed, communicated
is granted, and for the
to the public or made
whole duration of the
available in Member States
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.
The portal referred
3.
The portal referred
3.
[Moved to new Article
3.
[Moved to new Article
3
to in paragraph 2 shall be
to in paragraph 2 shall be
8a(1) second
8a(1) second subparagraph]
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
Article 8a
Publicity measures
Publicity measures
186.
Art. 8a, para
1.
Member States
1.
Member States shall
1, sub-para
shall ensure that
ensure that information
from
1
information that allows
for
cultural heritage
the purposes of the
institutions, collective
identification of the
out-
management organisations
of-commerce works or
or relevant public
other subject-matter
authorities for the purposes
covered by a licence
of the identification of the
granted in accordance with
out-of-commerce works or
Article 7 and
as well as
other subject-matter
covered
information about the
by a licence granted in
possibility
possibilities of
accordance with Article
rightholders to object
7(1) or used under the
referred to in Article
exception or limitation
7(1)(c) are
), and, as soon
referred to in Article 7(1a)
as it is available,
as well as information about
information on the
the possibilities of
parties to the licence, the
rightholders referred to in
covered territories and
Article
7(1c), and, as soon as
the allowed uses is made
it is available
and where
publicly accessible in a
relevant, information on the
single online portal
parties to the licence, the
for
from at least six months
covered territories and the
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before the works or other
allowed uses
is made
subject-matter are
permanently, easily and
digitised, distributed,
effectively accessible in a
communicated to the
public single online portal
public or made available in
from at least six months
Member States other than
before the works or other
the one where the licence
subject-matter are
is granted, and for the
distributed, communicated to
whole duration of
to the
the public or made available
public in accordance
to the public in accordance
with the licence.
with the licence
or under
the exception or limitation.
[Article 8(2) of the COM
proposal, amended]
[Article 8(2) of the COM
proposal, amended]
[provisionally agreed at TM
tbc in Trilogue; clarification
in recital (27) that the
licence may cover one,
several or all Member
States]
187.
Art. 8a, para
3.
The portal referred
The portal shall be
1, sub-
to in paragraph 2 shall be
established and managed by
para 2
established and managed
the European Union
by the European Union
Intellectual Property Office
Intellectual Property
in accordance with
Office in accordance with
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Regulation (EU) No
Regulation (EU) No
386/2012.
386/2012.
[Article 8(3) of the COM
[Article 8(3) of the COM
proposal, amended]
proposal, amended]
[provisionally agreed at TM;
to be confirmed at trilogue]
188.
Art. 8a, para
2.
Member States
2.
Member States shall
2
shall provide that
, if
provide that, if necessary for
necessary for the general
the general awareness of
awareness of
rightholders, further
rightholders, further
appropriate publicity
appropriate publicity
measures are taken regarding
measures are taken
the possibility for collective
regarding: (a) the deeming
management organisations
of works or other subject-
to license works or other
matter as out of commerce;
subject-matter in accordance
(b) the licence, and in
with Article 7, the licences
particular its application to
granted
, the uses under the
unrepresented
exception or limitation
rightholders;
the
referred to in Article 7(1a)
possibility for collective
and the possibilities of
management
rightholders referred to in
organisations to license
Article
7(1c).
works or other subject-
The additional appropriate
matter in accordance
publicity measures shall be
with Article 7, the
taken in the Member State
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licences granted and (c)
where the licence is sought
the possibilities to object
in accordance to Article
of rightholders referred to
7(1) or, for uses under the
in point (c) of paragraph 1
exception or limitation
Article 7(1)(c) ;
.
referred to in Article 7(1a),
where the cultural heritage
Including during a
institution is established. If
reasonable period of time
there is evidence, such as the
before the works or other
origin of the works or other
subject-matter are
subject-matter, to suggest
digitised, distributed,
that the awareness of
communicated to the
rightholders could be more
public or made available.
efficiently raised in other
The additional
Member States or third
appropriate publicity
countries, such publicity
measures shall be taken
measures shall also cover
in the Member State
those Member States and
where the licence is
third countries.
sought. If there is
[Article 7(3) of the COM
evidence, such as the
proposal, amended]
origin of the works or
other subject-matter, to
suggest that the
[provisionally agreed at
awareness of rightholders
TM; to be confirmed at
could be more efficiently
trilogue]
raised in other Member
States or third countries,
such publicity measures
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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
Article 9
Stakeholder dialogue
Stakeholder dialogue
Stakeholder dialogue
Stakeholder dialogue
190.
Art 9
Member States shall
Member States shall
Member States shall
Member States shall consult
ensure a regular dialogue
ensure a regular dialogue
ensure
consult
rightholders, collective
between representative
between representative
rightholders, collective
management organisations
users' and rightholders'
users' and rightholders'
management
and cultural heritage
organisations, and any
organisations, and any
organisations and
institutions in each sector
other relevant stakeholder
other relevant stakeholder
cultural heritage
before establishing specific
organisations, to, on a
organisations, to, on a
institutions in each sector
requirements pursuant to
sector-specific basis, foster
sector-specific basis, foster
before establishing
Article 7(2), and encourage a
the relevance and usability
the relevance and usability
specific requirements
regular dialogue between
of the licensing
of the licensing
pursuant to Article 7(2),
representative users' and
mechanisms referred to in
mechanisms referred to in
and encourage a regular
rightholders' organisations,
Article 7(1), ensure the
Article 7(1)
and the
dialogue between
including collective
effectiveness of the
exception referred to in
representative users' and
management organisations,
safeguards for rightholders
Article 7(1a), ensure the
rightholders' organisations,
and any other relevant
referred to in this Chapter,
effectiveness of the
including collective
stakeholder organisations, on
notably as regards
safeguards for rightholders
management
a sector-specific basis, to
publicity measures, and,
referred to in this Chapter,
organisations, and any
foster the relevance and
where applicable, assist in
notably as regards
other relevant stakeholder
usability of the licensing
the establishment of the
publicity measures, and,
organisations, to, on a
mechanisms referred to in
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requirements referred to in
where applicable, assist in
sector-specific basis,
to
Article 7(1) and to ensure the
the second subparagraph of
the establishment of the
foster the relevance and
effectiveness of the
Article 7(2).
requirements referred to in
usability of the licensing
safeguards for rightholders
the second subparagraph of
mechanisms referred to in
referred to in this Chapter.
Article 7(2).
Article 7(1),
) and to
ensure the effectiveness of
the safeguards for
[provisionally agreed at TM;
rightholders referred to in
to be confirmed at trilogue]
this Chapter, notably as
regards publicity
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
Article 9a
Collective licensing with
Collective licensing with an
an extended effect
extended effect
[Article 9a as a whole
provisionally agreed in TM
tbc in trilogue; COM to send
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suggestions for clarifications
necessary to address COM
legal concerns]
193.
Art. 9a, para
1.
Member States
1.
Member States may
1
may provide, as far as
provide, as far as the use
the use within their
within their national territory
national territory is
is concerned and subject to
concerned and subject to
safeguards provided for in
safeguards provided for
this Article, that when a
in this Article, that when
collective management
a collective management
organisation, in accordance
organisation, in
with its mandates from
accordance with its
rightholders, enters into a
mandates from
licensing agreement for the
rightholders, enters into
exploitation of works or
a licensing agreement for
other subject-matter such an
the exploitation of works
agreement may be extended
or other subject-matter
to apply to the rights of
such an agreement may
rightholders who have not
be extended to apply to
authorised the organisation
the rights of rightholders
to represent them by way of
who have not authorised
assignment, licence or any
the organisation to
other contractual
represent them by way of
arrangement; or, with respect
assignment, licence or
to such an agreement, the
any other contractual
organisation has a legal
arrangement; or, with
mandate or is presumed to
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respect to such an
represent rightholders who
agreement, the
have not authorised the
organisation has a legal
organisation accordingly.
mandate or is presumed
to represent rightholders
who have not authorised
the organisation
accordingly.
194.
Art. 9a, para
2.
Member States
2.
Member States shall
2
shall ensure that the
ensure that the licensing
licensing mechanism
mechanism referred to in
referred to in paragraph
paragraph 1 is only applied
1 is only applied within
within well-defined areas of
well-defined areas of use
use where obtaining
where obtaining
authorisations from
authorisations from
rightholders on an individual
rightholders on an
basis is typically onerous
individual basis is
and impractical to a degree
typically onerous and
that makes the required
impractical to a degree
licensing transaction
that makes the required
unlikely due to the nature of
licensing transaction
the use or of the types of
unlikely due to the
works or other subject-
nature of the use or of
matter concerned and that
the types of works or
such mechanism safeguards
other subject-matter
concerned and that such
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mechanism safeguards
the legitimate interests of
the legitimate interests of
rightholders.
rightholders.
195.
Art. 9a, para
3.
The safeguards
3.
The safeguards
3
referred to in paragraph
referred to in paragraph 1
1 must ensure that:
must ensure that:
196.
Art. 9a, para
(a)
the organisation
(a)
the organisation is,
3, point (a)
is, on the basis of
on the basis of mandates
mandates from
from rightholders,
rightholders, sufficiently
sufficiently representative of
representative of
rightholders in the relevant
rightholders in the
type of works or other
relevant type of works or
subject-matter and of the
other subject-matter and
rights which are the subject
of the rights which are
of the licence for the relevant
the subject of the licence
Member State;
for the relevant Member
State;
197.
Art. 9a, para
(b)
equal treatment is
(b)
equal treatment is
3, point (b)
guaranteed to all
guaranteed to all rightholders
rightholders in relation
in relation to the terms of the
to the terms of the
licence;
licence;
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198.
Art. 9a, para
(c)
rightholders who
(c)
rightholders who
3, point (c)
have not authorised the
have not authorised the
organisation operating
organisation operating the
the licence may at any
licence may at any time
time easily and
easily and effectively
effectively exclude their
exclude their works or other
works or other subject-
subject-matter from the
matter from the licensing
licensing mechanism
mechanism established in
established in accordance
accordance with this
with this Article;
Article;
199.
Art. 9a, para
(d)
appropriate
(d)
appropriate publicity
3, point (d)
publicity measures are
measures are taken to raise
taken to raise the
the awareness of rightholders
awareness of
regarding the possibility for
rightholders regarding
organisations to license
the possibility for
works or other subject-
organisations to license
matter and the licensing
works or other subject-
taking place in accordance
matter and the licensing
with this Article, and the
taking place in
possibilities of rightholders
accordance with this
referred to in point (c)
Article, and the
starting from a reasonable
possibilities of
period before the works or
rightholders referred to
other subject-matter are used
in point (c) starting from
under the licence. Publicity
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a reasonable period
measures should be effective
before the works or other
without the need to inform
subject-matter are used
each rightholder
under the licence.
individually.
Publicity measures
should be effective
without the need to
inform each rightholder
individually.
200.
Art. 9a, para
4.
The rules
4.
The rules provided
4
provided for in this
for in this Article are without
Article are without
prejudice to the application
prejudice to the
of collective licensing
application of collective
mechanisms with an
licensing mechanisms
extended effect in
with an extended effect in
conformity with other
conformity with other
provisions of Union law,
provisions of Union law,
including those which allow
including those which
exceptions or limitations,
allow exceptions or
and shall not apply to
limitations, and shall not
mandatory collective
apply to mandatory
management of rights.
collective management of
rights.
201.
Art. 9a, para
5.
Where the law of
5.
Where the law of a
5
a Member State provides
Member State provides for a
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for a licensing
licensing mechanism in
mechanism in
accordance with this Article,
accordance with this
the Member State concerned
Article, the Member
shall inform the Commission
State concerned shall
about the scope of that law,
inform the Commission
purposes and types of
about the scope of that
licences that may be
law, purposes and types
introduced under that law as
of licences that may be
well as contact details for
introduced under that
organisations issuing
law as well as contact
licences in accordance with
details for organisations
the mechanism in paragraph
issuing licences in
1. The Commission shall
accordance with the
publish this information.
mechanism in paragraph
1. The Commission shall
publish this information.
202.
Art. 9a, para
6.
Based on the
6. Based on the information
6
information received
received pursuant to
pursuant to paragraph 5
paragraph 5 and on the
and on the discussions in
discussions in the contact
the contact committee
committee referred to in
referred to in Article
Article 12(3) of Directive
12(3) of Directive
2001/29/EC, the
2001/29/EC, the
Commission shall, by
10
Commission shall, by 31
April 2021, submit to the
December 2020, submit
European Parliament and to
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to the European
the Council a report on the
Parliament and to the
use of such mechanisms
Council a report on the
referred to in paragraph 1 in
use of such mechanisms
the EU and their impact on
referred to in paragraph
licensing and rightholders.
1 in the EU and their
The Commission’s report
impact on licensing and
shall be accompanied, if
rightholders. The
appropriate, by a legislative
Commission’s report
proposal, including as
shall be accompanied, if
regards the cross-border
appropriate, by a
effect of such national
legislative proposal,
schemes.
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.
203.
CHAPTER 2
CHAPTER 2
CHAPTER 2
CHAPTER 2
Access to and availability
Access to and availability
Access to and availability
Access to and availability of
of audiovisual works on
of audiovisual works on
of audiovisual works on
audiovisual works on video-
video-on-demand
video-on-demand
video-on-demand
on-demand platforms
platforms
platforms
platforms
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204.
Art. 10, title
Article 10
Article 10
Article 10
Article 10
Negotiation mechanism
Negotiation mechanism
Negotiation mechanism
Negotiation mechanism
205.
Art. 10, sub-
Member States shall
Member States shall
Member States shall
Member States shall ensure
para 1
ensure that where parties
ensure that where parties
ensure that where parties
that parties facing difficulties
wishing to conclude an
wishing to conclude an
wishing
facing difficulties
related to the licensing of
agreement for the purpose
agreement for the purpose
related to the licensing of
rights when seeking to
of making available
of making available
rights when seeking to
conclude an agreement for
audiovisual works on
audiovisual works on
conclude an agreement for
the purpose of making
video-on-demand
video-on-demand
the purpose of making
available audiovisual works
platforms face difficulties
platforms face difficulties
available audiovisual
on video-on-demand
relating to the licensing of
relating to the licensing of
works on video-on-demand
services, may rely on the
rights, they may rely on the
audiovisual rights, they
platforms face difficulties
assistance of an impartial
assistance of an impartial
may rely on the assistance
relating to the licensing of
body or of mediators. The
body with relevant
of an impartial body with
rights, they
services, may
impartial body
created or
experience. That body
relevant experience. That
rely on the assistance of an
designated by the Member
shall provide assistance
body
The impartial body
impartial body with
State for the purpose of
with negotiation and help
created or designated by
relevant experience.
this Article or mediators
reach agreements.
the Member State for the
That
or of mediators. The
shall provide assistance to
purpose of this Article
body
or mediators shall
the parties with their
shall provide assistance
to
provide assistance
to the
negotiation
s and help them
the parties with
parties with
reach agreements, including,
negotiation and help
them
negotiation
their
where appropriate, by
to reach agreement.
negotiations and help
submitting proposals to the
them reach agreements
,
parties.
including, where
appropriate, by
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submitting proposals to
[provisionally agreed at TM;
the parties.
to be confirmed at trilogue]
206.
Art. 10, sub-
No later than [date
No later than [date
No later than [date
Member States shall notify
para 2
mentioned in Article
mentioned in Article
mentioned in Article
to the Commission the body
21(1)] Member States shall
21(1)] Member States shall
21(1)] Member States shall
or mediators referred to in
notify to the Commission
notify to
inform the
notify to the Commission
paragraph 1 no later than
the body referred to in
Commission
of the body
the body
or mediators
[date mentioned in Article
paragraph 1.
referred to in paragraph 1.
referred to in paragraph 1
21(1)]. In cases where
they create or designate
no later than [date
Member States have chosen
pursuant to the first
mentioned in Article
to rely on mediation, the
paragraph.
21(1)]. In cases where
notification to the
Member States have
Commission shall at least
chosen to rely on
include, when available, the
mediation, the
source where relevant
notification to the
information on the entrusted
Commission shall at least
mediators can be found.
include, when available,
the source where relevant
information on the
[provisionally agreed at TM;
entrusted mediators can
to be confirmed at trilogue]
be found.
207.
Art. 10, sub-
To encourage the
[provisionally agreed at TM
para 3
availability of audiovisual
not to insert part of the EP
works on video-on-
mandate in the Article but
demand platforms,
into a recital along the
Member States shall foster
following lines: Member
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dialogue between
States should encourage
representative
dialogue between
organisations of authors,
representative organisations,
producers, video-on-
without it being an
demand platforms and
obligation for Member
other relevant
States]
stakeholders.
208.
CHAPTER 2a
[To be discussed further at
Access to Union
political level, preparatory
publications
discussion at technical level]
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
the Union shall be subject
to a Union Legal Deposit.
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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
para 4
the 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 European Parliament
Library’s premises
exclusively for the
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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
217.
Art. 11, title
Article 11
Article 11
Article 11
[To be further discussed at
Protection of press
Protection of press
Protection of press
political level;
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publications concerning
publications concerning
publications concerning
Preparatory work to be done
digital uses
digital uses
digitalonline uses
at technical level]
218.
Art. 11, para
1.
Member States
1.
Member States
1.
Member States
1
shall provide publishers of
shall provide publishers of
shall provide publishers of
press publications with the
press publications with the
press publications
rights provided for in
rights provided for in
established in a Member
Article 2 and Article 3(2)
Article 2 and Article 3(2)
State with the rights
of Directive 2001/29/EC
of Directive 2001/29/EC
provided for in Article 2
for the digital use of their
so that they may obtain
and Article 3(2) of
press publications.
fair and proportionate
Directive 2001/29/EC for
remuneration for the
the digital
online use of
digital use of their press
their press publications
by
publications
by
information society
information society
service providers.
service providers.
219.
Art. 11, para
The rights referred to in
1, sub-
the first subparagraph
para 2
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
parts of press
publications taking into
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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
to in paragraph 1 shall
leave intact and shall in no
leave intact and shall in no
leave intact and shall in no
way affect any rights
way affect any rights
way affect any rights
provided for in Union law
provided for in Union law
provided for in Union law
to authors and other
to authors and other
to authors and other
rightholders, in respect of
rightholders, in respect of
rightholders, in respect of
the works and other
the works and other
the works and other
subject-matter
subject-matter
subject-matter
incorporated in a press
incorporated in a press
incorporated in a press
publication. Such rights
publication. Such rights
publication. Such
The
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may not be invoked against
may not be invoked against
rights
referred to in
those authors and other
those authors and other
paragraph 1 may not be
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-
subject-matter is
para 2
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
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or other 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
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shall not apply with
retroactive effect.
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
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part
publisher, such a transfer
exceptions and limitations
publisher, such a transfer
(Council)]
or a licence constitutes a
may provide that where an
or a licence constitutes a
sufficient legal basis for
author has transferred or
sufficient legal basis for
the publisher to claim a
licensed a right to a
the publisher to claim
be
share of the compensation
publisher, such a transfer
entitled to a share of
:
for the uses of the work
or a licence constitutes a
[remaining part of this
made under an exception
sufficient legal basis for
paragraph of the COM
or limitation to the
the publisher to claim a
proposal was moved to
transferred or licensed
share of the compensation
new point (a) (see row
right.
for the uses of the work
230)]
made under an exception
or 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
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[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
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
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234.
Art. 12a,
Article 12a
[To be discussed further at
title
Protection of sport event
political level; preparatory
organizers
discussion at technical level]
235.
Art. 12a
Member States shall
provide sport event
organizers with the rights
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
[To be further discussed at
Use of protected content by
Use of protected content by
political level;
Use of protected content by
information society service
information society online
information society
online
Preparatory work to be done
providers storing and
content sharing service
content sharing service
at technical level]
giving access to large
providers storing and
providers storing
amounts of works and
giving access to large
other subject-matter
amounts of works and
uploaded by their users
other subject-matter
uploaded by their users
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238.
Art. 13, para
1.
Information society
1.
Without prejudice
1.
Member States
1
service providers that store
to Article 3(1) and (2) of
shall provide that an
and provide to the public
Directive 2001/29/EC,
online content sharing
access to large amounts of
online content sharing
service provider
works or other subject-
Information society service
performs an act of
matter uploaded by their
providers that store and
communication to the
users shall, in cooperation
provide
perform an act of
public or an act of
with rightholders, take
communication to the
making available to the
measures to ensure the
public access to large
public when it gives the
functioning of agreements
amounts of works or other
public access to copyright
concluded with
subject-matter uploaded by
protected works or other
rightholders for the use of
their users
. They shall in
protected subject matter
their works or other
cooperation with
uploaded by its users.
subject-matter or to
rightholders, take measures
An online content
prevent the availability on
to ensure the functioning
sharing service provider
their services of works or
of agreements concluded
shall obtain an
other subject-matter
with rightholders for the
authorisation from the
identified by rightholders
use of their works or other
rightholders referred to
through the cooperation
subject-matter or to
in Article 3(1) and giving
with the service providers.
prevent the availability on
access to large amounts
Those measures, such as
their services of works or
of
(2) of Directive
the use of effective content
other subject-matter
2001/29/EC in order to
recognition technologies,
identified by rightholders
communicate or make
shall be appropriate and
through the cooperation
available to the public
proportionate. The service
with the service providers.
works or other subject
providers shall provide
Those measures, such as
matter. Where no such
rightholders with adequate
the use of effective content
authorisation has been
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information on the
recognition technologies,
obtained, the service
functioning and the
shall be
therefore
provider shall prevent
deployment of the
conclude fair and
the availability on its
measures, as well as, when
appropriate and
service of those works and
relevant, adequate
proportionate. The service
other subject-matter
reporting on the
providers shall provide
uploaded by
matter,
recognition and use of the
rightholders with adequate
including through the
works and other subject-
information on the
application of measures
matter.
functioning and the
referred to in paragraph
deployment of the
4. This subparagraph
measures, as well as, when
shall apply without
relevant, adequate
prejudice to exceptions
reporting on the
and limitations provided
recognition and use of the
for in Union law.
works and other subject-
Member States shall
matter.
licensing
provide that when an
agreements with right
authorisation has been
holders.
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
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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
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
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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
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
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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
shall ensure that online
proposal was moved to
(EP)
service providers referred
content sharing service
new paragraph 7 of
to in paragraph 1 put in
providers referred to in
Council’s text]
place complaints and
paragraph 1 put in place
redress mechanisms that
effective and expeditious
are available to users in
complaints and redress
case of 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
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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
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
Council’s text]
appropriate, the
directive], the Commission
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cooperation between the
and the Member States
information society service
shall 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,
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
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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.
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
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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
introductory
referred to in the second
part
subparagraph of
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
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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
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
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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:
248.
Art. 13, para
(a)
the nature and
5, point (a)
size 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;
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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
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
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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
concluded between
service providers and
rightholders, information
on the use of content
covered by the
agreements.
252.
Art. 13, para
7.
Member States
7
shall ensure that
the
measures referred to in
paragraph 4 are
implemented by the
online content sharing
service provider without
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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
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
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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
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
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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
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
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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.
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
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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
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
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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,
Article -14
[Article -14 to be further
title
discussed at political level]
Principle of fair and
proportionate
remuneration
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
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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
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
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268.
Art. 14, para
1.
Member States
1.
Member States
1.
Member States
1. Member States shall
1
shall ensure that authors
shall ensure that authors
shall ensure that authors
ensure that authors and
and performers receive on
and performers receive on
and performers receive on
performers receive on a
a regular basis and taking
a regular basis,
not less
a regular basis
, at least
regular basis,
at least once a
into account the
than once a year , and
once a year, and taking
year, and taking into account
specificities of each sector,
taking into account the
into account the
the specificities of each
timely, adequate and
specificities of each sector
specificities of each sector,
sector [
and the relative
sufficient information on
and the relative
timely, adequate and
importance of each
the exploitation of their
importance of each
sufficient information on
individual contribution],
works and performances
individual contribution,
the exploitation of their
timely, [adequate and
from those to whom they
timely adequate and
works and performances
sufficient/
up to date,
have licensed or
sufficient
, accurate,
from those to whom they
relevant and comprehensive
transferred their rights,
relevant and
have licensed or
information on the
notably as regards modes
comprehensive
transferred their rights
or
exploitation of their works
of exploitation, revenues
information on the
their successors in title,
and performances from those
generated and
exploitation of their works
notably as regards modes
to whom they have licensed
remuneration due.
and performances from
of exploitation, revenues
or transferred their rights
or
those to whom they have
generated and
their successors in title,
licensed or transferred
remuneration due.
notably as regards modes of
their rights, notably as
exploitation,
direct and
regards modes of
indirect all(*) revenues
exploitation
, direct and
generated and remuneration
indirect revenues
due.
generated, and
[(*) subject to including into
remuneration due.
the recitals an explicit
reference to 'merchandising'
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as example of a possible
form of covered revenues]
269.
Art. 14, para
1a.
Member States
1a.
Member States
[To be further discussed at
1a
shall ensure that where
shall ensure that where
political level, to be prepared
the licensee or transferee
the rights referred to in
at TM]
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
may, at their request,
information referred to in
receive from those third
paragraph 1 with the
parties additional
licensee or 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.
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
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of the author or the
performer.
270.
Art. 14, para
The main licensee or
[provisionally
agreed
at
1a, sub-
transferee shall pass all
technical meeting tbc at
para 2
the information referred
Trilogue]
to in the first
subparagraph on to the
author or performer. That
information shall be
unchanged, except in the
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
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
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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
2.
The obligation in
2
paragraph 1 shall be
paragraph 1 shall be
paragraph 1 shall be
paragraph 1 shall be
proportionate and effective
proportionate and effective
proportionate and effective
proportionate and effective
and shall ensure an
and shall ensure an
and shall ensure an
and shall
to ensure an
appropriate level of
appropriate
a high level of
appropriate level of
appropriate
a high level of
transparency in every
transparency in every
transparency in every
transparency in every sector.
sector. However, in those
sector. However, in those
sector. However, in
Member States may
cases where the
cases where the
those
Member States may
provide that in duly
administrative burden
administrative burden
provide that in duly
justified cases where the
resulting from the
resulting from the
justified cases where the
administrative burden
obligation would be
obligation would be
administrative burden
resulting from the obligation
disproportionate in view of
disproportionate in view of
resulting from the
in paragraph 1 would
the revenues generated by
the revenues generated by
obligation
in paragraph 1
be
become disproportionate
the exploitation of the
the exploitation of the
would be
become
in view of the revenues
work or performance,
work or performance,
disproportionate in view of
generated by the exploitation
Member States may adjust
Member States may adjust
the revenues generated by
of the work or performance,
the obligation in paragraph
the obligation in paragraph
the exploitation of the
the obligation
is limited to
1, provided that the
1, provided that the
work or performance,
the
types and level of
obligation remains
obligation remains
Member States may adjust
information that can
effective and ensures an
effective and ensures an
the obligation in paragraph
reasonably be expected in
1, provided that
is limited
such cases.
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appropriate level of
appropriate
a high level of
to the obligation remains
[provisionally agreed at TM,
transparency.
transparency.
effective
types and ensures
tbc by trilogue]
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
3.
[Member States may
3
decide that the obligation
decide that the obligation
decide that the obligation in
in paragraph 1 does not
in paragraph 1 does not
paragraph 1 does not apply
apply when the
apply when the
when the contribution of the
contribution of the author
contribution of the author
author or performer is not
or performer is not
or performer is not
significant having regard to
significant having regard
significant having regard
the overall work or
to the overall work or
to the overall work or
performance.]
performance.
performance.
[Member States may decide
that in the case of authors and
performers whose contribution
is
not
significant
having
regard to the overall work or
performance the obligation in
paragraph 1 apply only on
request of the author or
performer.]
[to be discussed at political
level]
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273.
Art. 14, para
3a.
Members States
3a. Members States may
3a
may provide that for
provide that for agreements
agreements subject to or
subject to or based on
based on collective
collective bargaining
bargaining agreements
agreements the
the transparency rules of
transparency rules of the
the relevant collective
relevant collective
bargaining agreement
bargaining agreement are
are applicable provided
applicable provided that
that they meet the
they are comparable to the
minimum criteria laid
obligations / meet the
down in the national
minimum criteria laid down
provisions adopted in
in the national provisions
conformity with the
adopted in conformity with
requirements of
the requirements of
paragraphs 1 to 3.
paragraphs 1 to 3.
[provisionally agreed at TM,
tbc by trilogue]
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) [and
Directive 2014/26/EU.
Directive 2014/26/EU
or
transparency obligations
(b)] of Directive 2014/26/EU
to collective bargaining
established by
defined in
or by other entities subject
agreements, where those
Article 3(a) and (b) of
to the national rules
obligations or agreements
Directive 2014/26/EU.
or
implementing Directive
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provide for transparency
by other entities subject
2014/26/EU [
when Directive
requirements comparable
to the national rules
2014/26/EU provides for
to those referred to in
implementing Directive
transparency obligations
paragraph 2.
2014/26/EU.
comparable to those laid
down in this Directive].
[preliminary agreement on
the aim of this paragraph,
which is to avoid that CMOs
are subject to transparency
obligations of this Directive
in addition to the already
applicable transparency
obligations of the Collective
management Directive
(double obligations for
CMOs to be avoided!); exact
wording to be further
discussed]
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
Member States shall
1.
Member States
1. Member States shall
[para 1
ensure that authors and
ensure
, in the absence of
shall ensure that authors
ensure,
in the absence of an
(Council)]
performers are entitled to
collective bargaining
and performers are entitled
applicable collective
request additional,
agreements providing for
to request additional,
bargaining agreement
appropriate remuneration
a comparable mechanism,
appropriate remuneration
providing for a comparable
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from the party with whom
that authors and
from the party with whom
mechanism, that authors and
they entered into a contract
performers
or any
they entered into a contract
performers
or any
for the exploitation of the
representative
for the exploitation of the
representative organisation
rights when the
organisation acting on
rights
or their successors
acting [at the specific
remuneration originally
their behalf are entitled to
in title, when the
request / on behalf] of one
agreed is
request
claim additional
,
remuneration originally
or more authors or
disproportionately low
appropriate
and fair
agreed is
turns out to be
performers are entitled to
compared to the
remuneration from the
disproportionately low
claim additional, appropriate
subsequent relevant
party with whom they
compared to the
and fair remuneration from
revenues and benefits
entered into a contract for
subsequent relevant
the party with whom they
derived from the
the exploitation of the
revenues and benefits
entered into a contract for
exploitation of the works
rights when the
derived from the
actual
the exploitation of the rights
or performances.
remuneration originally
exploitation of the works
or their successors in title,
agreed is
or performances.
when the remuneration
disproportionately low
originally agreed turns out to
compared to the
be disproportionately low
subsequent relevant
direct
compared to the subsequent
or indirect revenues and
relevant
[direct or indirect]
benefits derived from the
revenues and benefits
exploitation of the works
derived from the exploitation
or performances.
of the works or
performances.
[See Council’s Article
15(1a) (row277)]
[to be discussed further at
political level;
Deletion of 'direct or indirect
“: see Article 14]
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277.
Art. 15, para
1a.
Members States
[Article 15(1a) Council’s
1a
may provide that for
text deleted/incorporated
agreements subject to or
into paragraph 1]
based on collective
[provisionally agreed at TM
bargaining agreements
tbc by trilogue]
the rules of the relevant
collective bargaining
agreement for the
adjustment of
remuneration are
applicable instead of the
national provisions
implementing the
contract adjustment
mechanism.
278.
Art. 15, para
2.
Paragraph 1 shall
[to be discussed at trilogue]
2
not be applicable to
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.
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279.
Art. 16, title
Article 16
Article 16
Article 16
Article 16
Dispute resolution
Dispute resolution
Dispute resolution
Dispute resolution
mechanism
mechanism
mechanismprocedure
procedure
[provisionally agreed at TM
tbc by trilogue]
280.
Art. 16,
Member States shall
Member States shall
1.
Member States
Member States shall provide
[para 1
provide that disputes
provide that disputes
shall provide that disputes
that disputes concerning the
(Council)]
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 15
mechanism under Article
mechanism under Article
mechanism under Article
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 dispute
voluntary, alternative
voluntary, alternative
voluntary, alternative
resolution procedure.
dispute resolution
dispute resolution
dispute resolution
Member States shall ensure
procedure.
procedure.
Member States
procedure.
that representative
shall ensure that
organisations of authors
representative
and performers may initiate
organisations of authors
such procedures at the
and performers may
specific request of one or
initiate such procedures at
more authors and
the request of one or more
performers.
authors and performers.
[See Council’s Article
16(2) (row 281)]
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[provisionally agreed at TM
tbc by trilogue]
281.
Art. 16, para
[See Parliament’s Article
2.
Member States
[Article 16(2) Council’s text
2
16 last phrase (row 280)]
shall ensure that
deleted/incorporated into
representative
paragraph 1]
organisations of authors
[provisionally agreed at TM
and performers,
tbc by trilogue]
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
Article 16a
(Council),
Contractual provisions
Contractual Common
title
provisions
283.
Art. 16a
Member States shall
Member States shall
(Council)
ensure that any
ensure that any contractual
contractual provision
provision which prevents
which prevents the
the compliance with the
compliance with the
provisions in Articles 14
provisions in Articles 14
and 15 of this Chapter(*)
and 15 of this Directive
Directive shall be
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shall be unenforceable in
unenforceable in relation
relation to authors and
to authors and performers.
performers.
[(*) 'Chapter' refers to
Articles 14,15 and 16, ie the
provisions of the initial
Commission proposal]
[provisionally agreed at TM.
tbc by trilogue]
284.
Art. 16a
Article 16 a
[Article 16a to be further
(EP), title
discussed at political level;
Right of revocation
Preparatory work to be done
at technical 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
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matter or 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
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that 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
(EP),
2 shall not apply if the
para 3
non-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 is
1
is amended as follows:
is amended as follows:
is amended as follows:
amended as follows:
292.
Art. 17, para
(a)
In Article 6(2),
(a)
In Article 6(2),
(a)
In
Article
6(2),
(a)
In Article 6(2), point
1, point (a)
point (b) is replaced by the
point (b) is replaced by the
point (b) is replaced by the
(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 for
1, point (a)
for the sole purpose of
for the sole purpose of
for the sole purpose of
the sole purpose of
illustration for teaching
illustration for
illustration for teaching
illustration for teaching or
or scientific research, as
teaching or scientific
or scientific research, as
scientific research, as
long as the source is
research, as long as the
long as the source is
long as the source is
indicated and to the
source is indicated and
indicated and to the
indicated and to the
extent justified by the
to the extent justified
extent justified by the
extent justified by the
non-commercial
by the non-
non-commercial
non-commercial purpose
purpose to be achieved,
commercial purpose to
purpose to be achieved,
to be achieved, without
without prejudice to the
be achieved, without
without prejudice to the
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
in Directive [this
limitation provided for
in
Articles 3 and 4 of
Articles 3 and 4 of
Directive];"
in Directive [this
Directive [this
Directive [this
Directive];"
Directive];"
Directive];"
[ provisionally agreed at
technical meeting of
13.11.2018]
294.
Art. 17, para
(b)
In Article 9, point
(b)
In Article 9, point
(b)
In Article 9, point
(b)
In Article 9, point (b)
1, point (b)
(b) is replaced by the
(b) is replaced by the
(b) is replaced by the
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 for
1, point (b)
extraction for the
extraction for the
extraction for the
the purposes of illustration for
purposes of illustration
purposes of illustration
purposes of illustration
teaching or scientific research,
for teaching or
for teaching or scientific
for teaching or
as long as the source is
indicated and to the extent
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scientific research, as
research, as long as the
scientific research, as
justified by the non-commercial
long as the source is
source is indicated and
long as the source is
purpose to be achieved, without
indicated and to the
to the extent justified by
indicated and to the
prejudice to the exceptions and
extent justified by the
the non-commercial
extent justified by the
the limitation provided for in
non-commercial
purpose to be achieved,
non-commercial
Articles 3 and 4 of Directive
[this Directive];"
purpose to be achieved,
without prejudice to the
purpose to be achieved,
without prejudice to the
exceptions and the
without prejudice to the
[provisionally agreed at
exceptions and the
limitation provided for
exceptions and the
technical meeting of
limitation provided for
in Directive [this
limitation provided for
13.11.2018]
in Directive [this
Directive];"
in
Articles 3 and 4 of
Directive];"
Directive [this
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),
(a)
In Article 5(2), point
2, point (a)
point (c) is replaced by the
point (c) is replaced by the
point (c) is replaced by the
(c) is replaced by the
following:
following:
following:
following:
298.
Art. 17,
"(c) in respect of specific
"(c) in respect of
"(c) in respect of
"(c) in respect of specific
para 2,
acts of reproduction
specific acts of
specific acts of
acts of reproduction made
point (a)
made by publicly
reproduction made by
reproduction made by
by publicly accessible
accessible libraries,
publicly accessible
publicly accessible
libraries, educational
educational
libraries, educational
libraries, educational
establishments or
establishments or
establishments or
establishments or
museums, or by archives,
museums, or by archives,
museums, or by
museums, or by
which are not for direct or
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which are not for direct
archives, which are not
archives, which are not
indirect economic or
or indirect economic or
for direct or indirect
for direct or indirect
commercial advantage,
commercial advantage,
economic or
economic or
without prejudice to the
without prejudice to the
commercial advantage,
commercial advantage,
exception and the
exceptions and the
without prejudice to the
without prejudice to the
limitations provided for
limitation provided for in
exceptions and the
exceptions and the
in
Article 5 of Directive
Directive [this
limitation provided for
limitation
exception
[this Directive];"
Directive];"
in Directive [this
provided for in
Article
[provisionally agreed at
Directive];"
5 of Directive [this
technical meeting of
Directive];"
13.11.2018]
299.
Art. 17, para
(b)
In Article 5(3),
(b)
In Article 5(3),
(b)
In
Article
5(3),
(b)
In Article 5(3), point
2, point (b)
point (a) is replaced by the
point (a) is replaced by the
point (a) is replaced by the
(a) is replaced by the
following:
following:
following:
following:
300.
Art. 17,
"(a) use for the sole
"(a) use for the sole
"(a) use for the sole
"(a) use for the sole
para 2,
purpose of illustration for
purpose of illustration for
purpose of illustration
purpose of illustration for
point (b)
teaching or scientific
teaching or scientific
for teaching or
teaching or scientific
research, as long as the
research, as long as the
scientific research, as
research, as long as the
source, including the
source, including the
long as the source,
source, including the
author's name, is
author's name, is
including the author's
author's name, is
indicated, unless this
indicated, unless this
name, is indicated,
indicated, unless this
turns out to be
turns out to be impossible
unless this turns out to
turns out to be impossible
impossible and to the
and to the extent justified
be impossible and to the
and to the extent justified
extent justified by the
by the non-commercial
extent justified by the
by the non-commercial
non-commercial purpose
purpose to be achieved,
non-commercial
purpose to be achieved,
to be achieved, without
without prejudice to the
purpose to be achieved,
without prejudice to the
prejudice to the
exceptions and the
without prejudice to the
exceptions and the
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exceptions and the
limitation provided for in
exceptions and the
limitation provided for in
limitation provided for in
Directive [this
limitation provided for
Articles 3 and 4 of
Directive [this
Directive];"
in
Articles 3 and 4 of
Directive [this
Directive];"
Directive [this
Directive];"
Directive];"
[provisionally agreed at
technical meeting of
13.11.2018]
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 of
2, point (c)
impact of the
impact of the
impact of the
the transposition of Directive
transposition of Directive
transposition of Directive
transposition of
[this Directive] on the
[this Directive] on the
[this Directive] on the
Directive [this Directive]
functioning of the internal
functioning of the
functioning of the
on the functioning of the
market and to highlight any
internal market and to
internal market and to
internal market and to
transposition difficulties;
highlight any
highlight any
highlight any
transposition difficulties;
transposition difficulties;
transposition difficulties;
303.
Art. 17, para
(f) to facilitate the
(f) to facilitate the
(f) to facilitate the
(f) to facilitate the exchange
2, point (c)
exchange of information
exchange of information
exchange of information
of information on the
on the relevant
on the relevant
on the relevant
relevant developments in
developments in
developments in
developments in
legislation and case law as
legislation and case law
legislation and case law
legislation and case law
well as on the practical
as well as on the
as well as on the practical
as well as on the
application of the measures
practical application of
application of the
practical application of
taken by Member States to
the measures taken by
measures taken by
the 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
Directive];
Directive];
Directive];
[this 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
questions arising from the
questions arising from
questions arising from the
the application of
application of Directive
the application of
application of Directive [this
Directive [this
[this Directive]."
Directive [this
Directive]."
Directive]."
Directive]."
305.
Art. 17a,
Article 17 a
Article 17 a
title
306.
Art. 17a
Member States may adopt
Member States may adopt or
or maintain in force
maintain in force broader
broader provisions,
provisions, compatible with
compatible with the
the
exceptions
and
exceptions and limitations
limitations
set
out
in
existing in Union law, for
Directives
96/9/EC
and
uses covered by the
2001/29/EC, for uses
or
exceptions or the
fields
covered
by
the
limitation provided for in
exceptions or limitations
this Directive.
provided for in this Directive
and on condition that their
application
does
not
adversely
affect
nor
circumvent the mandatory
rules set out in this Directive.
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[provisional agreement at
trilogue 25/10/2018 on the
principle; wording of Article
provisionally agreed at TM;
a recital should clarify that
Article 17a does not allow
MS to not implement the
mandatory exceptions under
this Directive]
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
works and other subject-
works and other subject-
works and other subject-
and other subject-matter
matter which are protected
matter which are protected
matter which are protected
which are protected by the
by the Member States'
by the Member States'
by the Member States'
Member States' legislation in
legislation in the field of
legislation in the field of
legislation in the field of
the field of copyright on or
copyright on or after [the
copyright on or after [the
copyright on or after [the
after [the date mentioned in
date mentioned in Article
date mentioned in Article
date mentioned in Article
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
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mentioned in Article
21(1)].
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
shall be subject to the
shall be subject to the
shall be subject to the
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
year after the date
year after the date
year after the date
after the date mentioned in
mentioned in Article
mentioned in Article
mentioned in Article
Article 21(1)].
21(1)].
21(1)].
21(1)].
313.
Art. 20, title
Article 20
Article 20
Article 20
Article 20
Protection of personal
Protection of personal
Protection of personal
Protection of personal data
data
data
data
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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
framework of this
framework of this
framework of this Directive
Directive shall be carried
Directive shall be carried
Directive shall be carried
shall be carried out in
out in compliance with
out in compliance with
out in compliance with
compliance with Directives
Directives 95/46/EC and
Directives 95/46/EC and
Directives 95/46/EC and
95/46/EC and 2002/58/EC.
2002/58/EC.
2002/58/EC.
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
1.
Member States
1
shall bring into force the
shall bring into force the
shall bring into force the
laws, regulations and
laws, regulations and
laws, 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
When Member States
When Member States
1, sub-
adopt those provisions,
adopt those provisions,
adopt those provisions,
para 2
they shall contain a
they shall contain a
they shall contain a
reference to this Directive
reference to this Directive
reference to this Directive
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or be accompanied by such
or be accompanied by such
or be accompanied by such
a reference on the occasion
a reference on the occasion
a reference on the occasion
of their official
of their official
of their official
publication. Member
publication. Member
publication. Member
States shall determine how
States shall determine how
States shall determine how
such reference is to be
such reference is to be
such reference is to be
made.
made.
made.
318.
Art. 21, para
2.
Member States
2.
Member States
2.
Member States
2
shall communicate to the
shall communicate to the
shall 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
law which they adopt in
law which they adopt in
the field covered by this
the field covered by this
the 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 [five
1
[five years after the date
[five years after the date
[five years after the date
years after the date
mentioned in Article
mentioned in Article
mentioned in Article
mentioned in Article 21(1)],
21(1)], the Commission
21(1)], the Commission
21(1)], the Commission
the Commission shall carry
shall carry out a review of
shall carry out a review of
shall carry out a review of
out a review of this Directive
this Directive and present a
this Directive and present a
this Directive and present a
and present a report on the
report on the main findings
report on the main findings
report on the main findings
main findings to the
to the European
to the European
to the European
European Parliament, the
Parliament, the Council
Parliament, the Council
Parliament, the Council
Council and the European
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and the European
and the European
and the European
Economic and Social
Economic and Social
Economic and Social
Economic and Social
Committee.
Committee.
Committee.
Committee.
321.
Art. 22, para
2.
Member States
2.
Member States
2.
Member States
2.
Member States shall
2
shall provide the
shall provide the
shall provide the
provide the Commission
Commission with the
Commission with the
Commission with the
with the necessary
necessary information for
necessary information for
necessary information for
information for the
the preparation of the
the preparation of the
the preparation of the
preparation of the report
report referred to in
report referred to in
report referred to in
referred to in paragraph 1.
paragraph 1.
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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