Version 5.1
07/12/2018
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
GREEN
1
down rules which aim at
down rules which aim at
down rules which aim at
1. This Directive lays down
further harmonising the
further harmonising the
further harmonising the
rules which aim at further
Union law applicable to
Union law applicable to
Union law applicable to
harmonising the Union law
copyright and related
copyright and related
copyright and related
applicable to copyright and
rights in the framework of
rights in the framework of
rights in the framework of
related rights in the
the internal market, taking
the internal market, taking
the internal market, taking
framework of the internal
into account in particular
into account in particular
into account in particular
market, taking into account
digital and cross-border
digital and cross-border
digital and cross-border
in particular digital and
uses of protected content.
uses of protected content.
uses of protected content.
cross-border uses of
It also lays down rules on
It also lays down rules on
It also lays down rules on
protected content. It also lays
exceptions and limitations,
exceptions and limitations,
exceptions and limitations,
down rules on exceptions
on the facilitation of
on the facilitation of
on the facilitation of
and limitations, on the
licences as well as rules
licences as well as rules
licences as well as rules
facilitation of licences as
aiming at ensuring a well-
aiming at ensuring a well-
aiming at ensuring a well-
well as rules aiming at
functioning marketplace
functioning marketplace
functioning marketplace
ensuring a well-functioning
for the exploitation of
for the exploitation of
for the exploitation of
marketplace for the
works and other subject-
works and other subject-
works and other subject-
exploitation of works and
matter.
matter.
matter.
other subject-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.
Except in the cases
2
referred to in Article 6, this
referred to in Article 6, this
referred to in Article 6
17,
referred to in Article 6
17,
Directive shall leave intact
Directive shall leave intact
this Directive shall leave
this Directive shall leave
and shall in no way affect
and shall in no way affect
intact and shall in no way
intact and shall in no way
existing rules laid down in
existing rules laid down in
affect existing rules laid
affect existing rules laid
the Directives currently in
the Directives currently in
down in the Directives
down in the Directives
force in this area, in
force in this area, in
currently in force in this
currently in force in this
particular Directives
particular Directives
area, in particular
area, in particular Directives
96/9/EC, 2001/29/EC,
96/9/EC
, 2000/31/EC,
Directives 96/9/EC,
96/9/EC,
2000/31/EC,
2006/115/EC, 2009/24/EC,
2001/29/EC, 2006/115/EC,
2000/31/EC, 2001/29/EC,
2001/29/EC, 2006/115/EC,
2012/28/EU and
2009/24/EC, 2012/28/EU
2006/115/EC, 2009/24/EC,
2009/24/EC, 2012/28/EU
2014/26/EU.
and 2014/26/EU.
2012/28/EU and
and 2014/26/EU.
2014/26/EU.
[identical text/consequential
change of cross-reference, to
be confirmed by trilogue]
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
GREEN
introductory
Directive, the following
Directive, the following
Directive, the following
For the purposes of this
part
definitions shall apply:
definitions shall apply:
definitions shall apply:
Directive, the following
definitions shall apply:
111.
Art. 2, para
(1)
‘research
(1) ‘research organisation’
(1)
‘research
GREEN
1,
organisation’ means a
means a university
,
organisation’ means a
(1) ‘research organisation’
university, a research
including its libraries, a
university, a research
means a university,
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introductory
institute or any other
research institute or any
institute or any other
including its libraries, a
part
organisation the primary
other organisation the
organisation
an entity, the
research institute or any
goal of which is to conduct
primary goal of which is to
primary goal of which is to
other
entity the primary goal
scientific research or to
conduct scientific research
conduct scientific research
of which is to conduct
conduct scientific research
or to conduct scientific
or to conduct scientific
scientific research
or to
and provide educational
research and provide
research and provide
carry out educational
services:
educational services:
educational services:
activities involving also the
involving also the
conduct of scientific
conduct of scientific
research:
research:
[provisionally agreed at
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
GREEN
1, point (a)
basis or by reinvesting all
basis or by reinvesting all
basis or by reinvesting all
(a)
on a non-for-profit
the profits in its scientific
the profits in its scientific
the profits in its scientific
basis or by reinvesting all the
research; or
research; or
research; or
profits in its scientific
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
GREEN
1, point (b)
interest mission recognised
interest mission recognised
interest mission recognised
(b)
pursuant to a public
by a Member State;
by a Member State;
by a Member State;
interest mission recognised
by a Member State;
[provisionally agreed at
Trilogue 25/10/2018]
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114.
Art. 2, para
in such a way that the
in such a way that the
in such a way that the
GREEN
1, closing
access to the results
access to the results
access to the results
in such a way that the access
phrase
generated by the scientific
generated by the scientific
generated by the scientific
to the results generated by
research cannot be enjoyed
research cannot be enjoyed
research cannot be enjoyed
the scientific research cannot
on a preferential basis by
on a preferential basis by
on a preferential basis by
be enjoyed on a preferential
an undertaking exercising
an undertaking exercising
an undertaking exercising
basis by an undertaking
a decisive influence upon
a
significant influence
a decisive influence upon
exercising a
significant
such organisation;
upon such organisation;
such organisation;
decisive influence upon
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
GREEN
2
mining’ means any
means any automated
mining’ means any
(2) ‘text and data mining’
automated analytical
analytical technique
which
automated analytical
means any automated
technique aiming to
analyses works and other
technique aiming to
analytical technique aiming
analyse text and data in
subject matter in digital
analyse text and data in
to analyse text and data in
digital form in order to
form in order to generate
digital form in order to
digital form in order to
generate information such
information
, including, but
generate information such
generate information
,
as patterns, trends and
not limited to, patterns,
as patterns, trends and
including, but not limited to,
correlations;
trends and correlations
.
correlations;
patterns, trends and
correlations;
[provisionally agreed at
Trilogue 25/10/2018]
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116.
Art. 2, para
(3)
‘cultural heritage
(3)
‘cultural heritage
(3)
‘cultural heritage
GREEN
3
institution’ means a
institution’ means a
institution’ means a
(3)
‘cultural heritage
publicly accessible library
publicly accessible library
publicly accessible library
institution’ means a publicly
or museum, an archive or a
or museum, an archive or a
or museum, an archive or a
accessible library or
film or audio heritage
film or audio heritage
film or audio heritage
museum, an archive or a film
institution;
institution;
institution;
or audio heritage institution;
[provisionally agreed at
Trilogue 25/10/2018]
117.
Art. 2, para
(4)
‘press publication’
(4) ‘press publication’
(4)
‘press publication’
GREEN
4
means a fixation of a
means a fixation
by
means a fixation of a
(4) ‘press publication’ means
collection of literary works
publishers or news
collection
composed
a collection composed
of a journalistic nature,
agencies of a collection of
mainly of literary works of
mainly of literary works of a
which may also comprise
literary works of a
a journalistic nature, which
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
[provisionally agreed at
periodical or regularly-
and constitutes an
points (a) to (d) - see
trilogue on 03/12/2018]
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
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under the initiative,
topics and published in any
editorial responsibility and
media under the initiative,
control of a service
editorial responsibility and
provider.
control of a service
provider.
Periodicals
which are published for
scientific or academic
purposes, such as
scientific journals, shall
not be covered by this
definition;
118.
Art. 2, para
(a)
may also
GREEN
4, point (a)
comprise
include other
(a) may also include other
works or subject-matter
works or subject matter;
and
;
[See Article 2(4) of COM
[provisionally agreed at
proposal and of EP text
trilogue on 03/12/2018]
(row 117)]
119.
Art. 2, para
(b)
constitutes an
GREEN
4, point (b)
individual item within a
b) constitutes an individual
periodical or regularly-
item within a periodical or
updated publication under
regularly updated
a single title, such as a
publication under a single
newspaper or a general or
title, such as a newspaper or
special interest
magazine,
;
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[See Article 2(4) of COM
a general or special interest
proposal and of EP text
magazine;
(row 117)]
[provisionally agreed at
trilogue on 03/12/2018]
120.
Art. 2, para
(c)
has having the
GREEN
4, point (c)
purpose of providing
the
(c) has the purpose of
general public with
providing
the
general
information related to
public
(*) with information
news or other topics
; and
related to news or other
[See Article 2(4) of COM
topics; and
proposal and of EP text
[provisionally agreed at
(row 117)]
trilogue on 03/12/2018; (*)
to be read in conjunction
with the clarifications in
recital (33), row 70]
121.
Art. 2, para
(d)
is published in any
GREEN
4, point (d)
media under the initiative,
(d) is published in any media
editorial responsibility and
under the initiative, editorial
control of a service
responsibility and control of a
provider.
;
service provider.
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[See Article 2(4) of COM
Periodicals which are
proposal and of EP text
published for scientific or
(row 117)]
academic purposes, such as
scientific journals, shall not
be considered as press
publications for the purposes
of this Directive.
[provisionally agreed at
trilogue on 03/12/2018]
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
through customary
channels of commerce;
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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
5)
‘online
content
para 4b
sharing service provider’
sharing service provider’ sharing service provider’
(EP)/para 5
means a provider of an
means a provider of an
means a provider of an
(Council)
information society
information society
information society service
service whose main or
service one of the main
whose main or one of the
one of the main purposes
purposes of which is to
is to store and give the
main purposes is to store and
store and give access to
public access to a large
enable user to upload and
the public to a significant
amount of works or other
share
a large(*) amount of
amount of copyright
subject-matter uploaded
copyright protected works or
protected works or other
by its users which it
other
protected
subject-
organises and promotes
protected subject-matter
matter which
the service
for profit-making
uploaded by its users,
purposes.
organises and promotes for
which the service
profit-making purposes.
Providers of services
optimises and promotes
such as non-for-profit
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for profit making
online encyclopaedias,
[EP:
Microenterprises and
purposes.
non-for-profit
small-sized enterprises
educational and scientific
within the meaning of Title I
Microenterprises and
repositories, non-for-
of the Annex to Commission
small-sized enterprises
profit open source
Recommendation
within the meaning of
software developing
2003/361/EC] providers of
Title I of the Annex to
platforms, as well as
services such as not-for
Commission
internet access service
providers, online
profit online encyclopedias,
Recommendation
marketplaces and
[Council: not-for profit]
2003/361/EC and services
providers of cloud
educational and scientific
acting in a non-
services which allow
repositories, open source
commercial purpose
users, including
software developing and
capacity such as online
businesses for their
sharing platforms, electronic
encyclopaedia, and
internal purposes, to
communication service
providers of online
upload content for their
own use shall not be
providers
[as defined in the
services where the content
considered online content
new Telecom Code], online
is uploaded with the
sharing service providers
marketplaces and business-to
authorisation of all right
within the meaning of
business cloud services and
holders concerned, such
this Directive;
cloud services which allow
as educational or
users to upload content for
scientific repositories,
their own use shall not be
shall not be considered
considered online content
online content sharing
sharing service providers
service providers within
the meaning of this
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Directive. Providers of
within the meaning of this
cloud services for
Directive.
individual use which do
not provide direct access
to the public, open source
[(*) COM to provide recital
on “large amount”;
software developing
platforms, and online
exclusion of Micro- and
market places whose main
SMEs to be further
activity is online retail of
discussed; non-for
physical goods, should not
profit/acting in a non-
be considered online
commercial purpose open
content sharing service
for educational and scientific
providers within the
repositories]
meaning of this Directive;
126.
Art. 2,
(4c) ‘information society
(6) ‘information society
(6) ‘information society
para 4c
service’ means a service
service’ means a service
service’ means a service
(EP)/para 6
within the meaning of
within the meaning of
within the meaning of
(Council)
point (b) of Article 1(1) of
Article 1(1)(b) of
Article 1(1)(b) of Directive
Directive (EU) 2015/1535
Directive (EU) 2015/1535.
(EU) 2015/1535
1a.
of the European
Parliament and of the
Council1a;
___________
___________
1a Directive (EU) 2015/1535
of the European Parliament
and of the Council of 9
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1a Directive (EU)
September 2015 laying down
2015/1535 of the
a procedure for the
European Parliament and
provision of information in
of the Council of 9
the field of technical
September 2015 laying
regulations and of rules on
down a procedure for the
Information Society services
provision of information
(OJ L 241, 17.9.2015, p. 1).
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.
128.
TITLE II
TITLE II
TITLE II
TITLE II
MEASURES TO ADAPT
MEASURES TO ADAPT
MEASURES TO ADAPT
MEASURES TO ADAPT
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EXCEPTIONS AND
EXCEPTIONS AND
EXCEPTIONS AND
EXCEPTIONS AND
LIMITATIONS TO THE
LIMITATIONS TO THE
LIMITATIONS TO THE
LIMITATIONS TO THE
DIGITAL AND CROSS-
DIGITAL AND CROSS-
DIGITAL AND CROSS-
DIGITAL AND CROSS-
BORDER
BORDER
BORDER
BORDER ENVIRONMENT
ENVIRONMENT
ENVIRONMENT
ENVIRONMENT
Article 3
129.
Art. 3,
Article 3
Article 3
GREEN
Text and data mining for
Text and data mining
Text and data mining
title
the purposes of scientific
Article 3
research
Text and data mining for the
purposes of scientific
research
[provisionally agreed at
Trilogue 25/10/2018]
130.
Art. 3, para
1.
Member States
1. Member States shall
1.
.Member States
GREEN
1
shall provide for an
provide for an exception to
shall provide for an
1. Member States shall
exception to the rights
the rights provided for in
exception to the rights
provide for an exception to
provided for in Article 2 of
Article 2 of Directive
provided for in Article 2 of
the rights provided for in
Directive 2001/29/EC,
2001/29/EC, Articles 5(a)
Directive 2001/29/EC,
Article 2 of Directive
Articles 5(a) and 7(1) of
and 7(1) of Directive
Articles 5(a) and 7(1) of
2001/29/EC, Articles 5(a)
Directive 96/9/EC and
96/9/EC and Article 11(1)
Directive 96/9/EC and
and 7(1) of Directive
Article 11(1) of this
of this Directive for
Article 11(1) of this
96/9/EC and Article 11(1) of
Directive for reproductions
reproductions and
Directive for reproductions
this Directive for
and extractions made by
extractions made by
and extractions made by
reproductions and
research organisations in
research organisations in
research organisations
and
extractions made by research
order to carry out text and
order to carry out text and
cultural heritage
organisations
and cultural
data mining of works or
data mining of works or
institutions in order to
heritage institutions in order
other subject-matter to
other subject-matter to
carry out text and data
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which they have lawful
which they have lawful
mining of works or other
to carry out text and data
access for the purposes of
access
research
subject-matter to which
mining of works or other
scientific research.
organisations have lawful
they have lawful access
,
subject-matter to which they
access and made in order
for the purposes of
have lawful access, for the
to carry out text and data
scientific research.
purposes of scientific
mining for the purposes of
research.
scientific research
by such
organisations.
[provisionally agreed at
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
able to benefit from the
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exception provided for in
this Article.
131.
Art. 3, para
1a.
Reproductions and
1a.Copies of works or
GREEN
1a
extractions made for text
other subject-matter
1a. Copies of works or other
and data mining purposes
made in compliance
subject-matter made in
shall be stored in a secure
with paragraph 1 shall
compliance with paragraph
manner, for example by
be stored with an
1 shall be stored with an
trusted bodies appointed
appropriate level of
appropriate level of security
for this purpose.
security and not be
and may be retained for the
retained for longer
purposes of scientific
than necessary for
research, including for the
achieving the purposes
verification of research
of scientific research.
results.
[provisionally agreed at
Trilogue 25/10/2018]
132.
Art. 3, para
2.
Any contractual
2.
Any contractual
2.
[Moved to Article 6(1)]
GREEN
2
provision contrary to the
provision contrary to the
[Moved to Article 6(1)]
exception provided for in
exception provided for in
paragraph 1 shall be
paragraph 1 shall be
[provisionally agreed at
unenforceable.
unenforceable.
Trilogue 25/10/2018]
[See Council’s Article 6(1)
(row 155)]
133.
Art. 3, para
3.
Rightholders shall
3.
Rightholders shall
3.
Rightholders shall
GREEN
3
be allowed to apply
be allowed to apply
be allowed to apply
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measures to ensure the
measures to ensure the
measures to ensure the
3.
Rightholders shall be
security and integrity of
security and integrity of
security and integrity of
allowed to apply measures to
the networks and databases
the networks and databases
the networks and databases
ensure the security and
where the works or other
where the works or other
where the works or other
integrity of the networks and
subject-matter are hosted.
subject-matter are hosted.
subject-matter are hosted.
databases where the works
Such measures shall not go
Such measures shall not go
Such measures shall not go
or other subject-matter are
beyond what is necessary
beyond what is necessary
beyond what is necessary
hosted. Such measures shall
to achieve that objective.
to achieve that objective.
to achieve that objective.
not go beyond what is
necessary to achieve that
objective.
[provisionally agreed at
Trilogue 25/10/2018]
134.
Art. 3, para
4.
Member States
4.
Member States
4.
Member States
GREEN
4
shall encourage
shall encourage
shall encourage
4.
Member States shall
rightholders and research
rightholders and research
rightholders and
, research
encourage rightholders and,
organisations
and cultural
organisations to define
organisations to define
heritage institutions to
research organisations and
commonly-agreed best
commonly-agreed best
define commonly-agreed
cultural heritage institutions
practices concerning the
practices concerning the
best practices concerning
to define commonly-agreed
application of the measures
application of the measures
the application of the
best practices concerning the
referred to in paragraph 3.
referred to in paragraph
obligation and measures
application of the obligation
3.
may continue to provide
referred to
respectively in
and measures referred to
text and data mining
paragraph
s 1a and 3.
respectively in paragraphs 1a
exceptions in accordance
and 3.
with point (a) of Article
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5(3) of Directive
[provisionally agreed at
2001/29/EC.
Trilogue 26 November]
[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
and 7(1) of Directive
96/9/EC and Article 11(1)
Directive 96/9/EC, Article
96/9/EC and Article 11(1)
of this Directive for
4(1)(a) and (b) of Directive
temporary reproductions
of this Directive for
2009/24/EC and Article
and extractions of
reproductions and
lawfully accessible works
11(1) of this Directive for
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extractions of lawfully
and other subject-matter
temporary reproductions
accessible works and
that form a part of the
and extractions of lawfully
other subject-matter that
process of text and data
accessible works and other
mining.
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 at
trilogue 26/11/2018 as set
out in rows 136, 137, 138
and 139]
137.
Art. 3a, para
2.
Reproductions
GREEN
2 (EP)
and extractions made
2.
Reproductions and
pursuant to paragraph 1
extractions made pursuant
shall not be used for
to paragraph 1 may be
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purposes other than text
retained as long as
and data mining.
necessary for the purposes
of text and data mining.
[provisionally agreed at
Trilogue 25/10/2018 /
26/11/2018]
138.
Art. 3a, para
2.
The exception or
GREEN
2 (Council)
limitation provided for in
2.
The exception or
paragraph 1 shall apply
limitation provided for in
provided that the use of
paragraph 1 shall apply
works and other subject
provided that the use of
matter referred to
works and other subject
therein has not been
matter referred to therein
expressly reserved by
has not been expressly
their rightholders
reserved by their
including by technical
rightholders in an
means.
appropriate manner, such
[See para. 1 of EP text
as machine readable means
(row 136)]
for the content made
publicly available online.
[provisionally agreed at
Trilogue 26/11/2018 in
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conjunction with wording of
recital (13a) (row 28)]
139.
Art. 3a, para
3.
Member States
GREEN
3
may continue to provide
3. This Article shall not
text and data mining
affect the application of
exceptions in accordance
Article 3 of this Directive.
with point (a) of Article 5
(3) of Directive
[This phrase replaces the
2001/29/EC.
'Without prejudice'-
clarification previously
contained in paragraph 1.
[provisionaly agreed at
Trilogue 26/11/2018]
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
GREEN
1
shall provide for an
shall provide for an
shall provide for an
1. Member States shall
exception or limitation to
exception or limitation to
exception or limitation to
provide for an exception or
the rights provided for in
the rights provided for in
the rights provided for in
limitation to the rights
Articles 2 and 3 of
Articles 2 and 3 of
Articles 2 and 3 of
provided for in Articles 2
Directive 2001/29/EC,
Directive 2001/29/EC,
Directive 2001/29/EC,
and 3 of Directive
Articles 5(a) and 7(1) of
Articles 5(a) and 7(1) of
Articles 5(a
), (b), (d) and
2001/29/EC, Articles 5(a),
Directive 96/9/EC, Article
Directive 96/9/EC, Article
(e) and Article 7(1) of
(b), (d) and (e) and 7(1) of
4(1) of Directive
4(1) of Directive
Directive 96/9/EC, Article
Directive 96/9/EC, Article
2009/24/EC and Article
2009/24/EC and Article
4(1
)(a) and (b) of
4(1)
(a), and (b) of Directive
11(1) of this Directive in
11(1) of this Directive in
Directive 2009/24/EC and
2009/24/EC and Article
order to allow for the
order to allow for the
Article 11(1) of this
11(1) of this Directive in
digital use of works and
digital use of works and
Directive in order to allow
order to allow the digital use
other subject-matter for the
other subject-matter for the
for the digital use of works
of works and other subject-
sole purpose of illustration
sole purpose of illustration
and other subject-matter
matter for the sole purpose
for teaching, to the extent
for teaching, to the extent
for the sole purpose of
of illustration for teaching, to
justified by the non-
justified by the non-
illustration for teaching, to
the extent justified by the
commercial purpose to be
commercial purpose to be
the extent justified by the
non-commercial purpose to
achieved, provided that the
achieved, provided that the
non-commercial purpose to
be achieved, provided that
use:
use:
be achieved, provided that
such use:
the
such use:
[provisionally agreed at
Trilogue 26/11/2018;
reference to Directive
2009/24/EC agreed provided
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that 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
GREEN
1, point (a)
premises of an educational
premises of an educational
on
under the premises
(a) takes place
under the
establishment or through a
establishment
, or in any
responsibility of an
responsibility of an
secure electronic network
other venue in which the
educational establishment
,
educational establishment,
accessible only by the
teaching activity takes
on its premises or other
on its premises or other
educational establishment's
place under the
venues, or through a
venues, or through a secure
pupils or students and
responsibility of the
secure electronic network
electronic
environment
teaching staff;
educational establishment, accessible only by the
accessible only by the
or through a secure
educational establishment's
educational establishment's
electronic network
pupils or students and
pupils or students and
environment accessible
teaching staff;
and
teaching staff;
and
only by the educational
establishment's pupils or
[provisionally agreed at
students and teaching staff;
Trilogue 26/11/2018
together with text on recital
16a, row 33]
143.
Art. 4, para
(b)
is accompanied by
(b)
is accompanied by
(b)
is accompanied by
GREEN
1, point (b)
the indication of the
the indication of the
the indication of the
(b) is accompanied by the
source, including the
source, including the
source, including the
indication of the source,
author's name, unless this
author's name, unless this
author's name, unless this
including the author's name,
turns out to be impossible.
turns out to be impossible
turns out to be impossible.
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for reasons of
unless this turns out to be
practicability.
impossible.
[provisionally agreed at
Trilogue 25/10/2018]
144.
Art. 4, para
2.
Member States may 2.
Member States may 2.
Notwithstanding
GREEN
2, sub-
provide that the exception
provide that the exception
Article 6(1), Member
2.
Notwithstanding Article
para 1
adopted pursuant to
adopted pursuant to
States may provide that the
6(1), Member States may
paragraph 1 does not apply
paragraph 1 does not apply
exception adopted pursuant
provide that the exception
generally or as regards
generally or as regards
to paragraph 1 does not
adopted pursuant to
specific types of works or
specific types of works or
apply generally or as
paragraph 1 does not apply
other subject-matter, to the
other subject-matter,
such
regards specific
uses or
generally or as regards
extent that adequate
as material which is
types of works or other
specific
uses or types of
licences authorising the
primarily intended for the
subject-matter, to the
works or other subject-
acts described in paragraph
educational market or
extent that adequate
matter,
such as material
1 are easily available in the
sheet music, to the extent
licences
covering the
which is primarily intended
market.
that adequate licences
needs of educational
for the educational market
licencing agreements
establishments and
or sheet music, to the extent
authorising the acts
authorising the acts
that
suitable licences
described in paragraph 1
described in paragraph 1
authorising the acts
and tailored to the needs
are easily available in the
described in paragraph 1
and specificities of
market.
covering the needs and
educational
specificities of educational
establishments are easily
establishments are easily
available in the market.
available in the market.
[provisionally agreed at
Trilogue 25/10/2018 /
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26/11/2018 together with
text on recitals (16) and
(17), rows 32 and 35 tbc by
trilogue]
145.
Art. 4, para
Member States availing
Member States availing
Member States availing
GREEN
2, sub-para
themselves of the
themselves of the
themselves of the
Member States availing
2
provision of the first
provision of the first
provision of the first
themselves of the provision
subparagraph shall take the
subparagraph shall take the
subparagraph shall take the
of the first subparagraph
necessary measures to
necessary measures to
necessary measures to
shall take the necessary
ensure appropriate
ensure appropriate
ensure appropriate
measures to ensure
availability and visibility
availability and visibility
availability and visibility
appropriate availability and
of the licences authorising
of the licences authorising
of
that rightholders make
visibility of the licences
the acts described in
the acts described in
the licences authorising the
authorising the acts
paragraph 1 for
paragraph 1 for
acts described in paragraph
described in paragraph 1 for
educational establishments.
educational establishments.
1
available and visible for
educational establishments.
educational establishments.
[provisionally agreed at
Trilogue 26/11/2018
together with text on recital
(17) and (17a), rows 35 and
36]
146.
Art. 4, para
3.
The use of works
3.
The use of works
3.
The use of works
GREEN
3
and other subject-matter
and other subject-matter
and other subject-matter
3. The use of works and
for the sole purpose of
for the sole purpose of
for the sole purpose of
other subject-matter for the
illustration for teaching
illustration for teaching
illustration for teaching
sole purpose of illustration
through secure electronic
through secure electronic
through secure electronic
for teaching through secure
networks undertaken in
networks
environments
networks undertaken in
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compliance with the
undertaken in compliance
compliance with the
electronic
environments
provisions of national law
with the provisions of
provisions of national law
undertaken in compliance
adopted pursuant to this
national law adopted
adopted pursuant to this
with the provisions of
Article shall be deemed to
pursuant to this Article
Article shall be deemed to
national law adopted
occur solely in the Member
shall be deemed to occur
occur solely in the
pursuant to this Article shall
State where the
solely in the Member State
Member State where the
be deemed to occur solely in
educational establishment
where the educational
educational establishment
the Member State where the
is established.
establishment is
is established.
educational establishment is
established.
established.
[provisionally agreed at
Trilogue 25/10/2018 /
26/11/2018 together with
text on recital 16a, row 33]
147.
Art. 4, para
4.
Member States may 4.
Member States
4.
Member States may
GREEN
4
provide for fair
may provide for fair
provide for fair
4.
Member States may
compensation for the harm
compensation for the harm
compensation for the harm
provide for fair
incurred by the
incurred by the
incurred by the
to
compensation for the harm
rightholders due to the use
rightholders due to the use
rightholders due to the use
incurred by the
to
of their works or other
of their works or other
of their works or other
rightholders due to the use of
subject-matter pursuant to
subject-matter pursuant to
subject-matter pursuant to
their works or other subject-
paragraph 1.
paragraph 1.
paragraph 1.
matter pursuant to paragraph
1.
[provisionally agreed at
Trilogue 25/10/2018 /
26/11/2018 together with
text on recital (17a), row 36]
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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
shall be unenforceable.
discussed at trilogue in the
Member States shall
context of the remuneration
ensure that rightholders
chapter and recital (40) of
have the right to grant
the 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
GREEN
1 (EP)]
provide for an exception to
shall provide for an
provide for an exception to
1. Member States shall
the rights provided for in
exception to the rights
the rights provided for in
provide for an exception to
Article 2 of Directive
provided for in Article 2 of
Article 2 of Directive
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2001/29/EC, Articles 5(a)
Directive 2001/29/EC,
2001/29/EC, Articles 5(a)
the rights provided for in
and 7(1) of Directive
Articles 5(a) and 7(1) of
and 7(1) of Directive
Article 2 of Directive
96/9/EC, Article 4(1)(a) of
Directive 96/9/EC, Article
96/9/EC, Article 4(1)(a) of
2001/29/EC, Articles 5(a)
Directive 2009/24/EC and
4(1)(a) of Directive
Directive 2009/24/EC and
and 7(1) of Directive
Article 11(1) of this
2009/24/EC and Article
Article 11(1) of this
96/9/EC, Article 4(1)(a) of
Directive, permitting
11(1) of this Directive,
Directive, permitting
Directive 2009/24/EC and
cultural heritage
permitting cultural heritage
cultural heritage
Article 11(1) of this
institutions, to make copies
institutions to make copies
institutions, to make copies
Directive, permitting cultural
of any works or other
of any works or other
of any works or other
heritage institutions to make
subject-matter that are
subject-matter that are
subject-matter that are
copies of any works or other
permanently in their
permanently in their
permanently in their
subject-matter that are
collections, in any format
collections, in any format
collections, in any format
permanently in their
or medium, for the sole
or medium, for the sole
or medium, for the sole
collections, in any format or
purpose of the preservation
purpose
purposes of
purpose of the preservation
medium, for
purposes of
of such works or other
preservation of such works
of such works or other
preservation of such works
subject-matter and to the
or other subject-matter and
subject-matter and to the
or other subject-matter and
extent necessary for such
to the extent necessary for
extent necessary for such
to the extent necessary for
preservation.
such preservation.
preservation.
such preservation.
[provisionally agreed at
trilogue 25/10/2018]
151.
Art. 5, para
1a.
Member States
[To be further discussed at
1a
shall ensure that any
trilogue on basis of COM
material resulting from an
drafting suggestion]
act of reproduction of
material in the public
domain shall not be
subject to copyright or
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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
GREEN
1b
provision contrary to the
[provisionally agreed at
exception provided for in
trilogue 25/10/2018 to deal
paragraph 1 shall be
with contractual override
unenforceable.
under Article 6(1)]
[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
trilogue]
provided for in this
Directive shall not confer
on users any entitlement
to use it pursuant to
another exception.
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155.
Art. 6, para
1.
Any contractual
GREEN
1 (Council)
provision contrary to the
1. Any contractual provision
exceptions provided for in
contrary to the exceptions
Articles 3, 4(1) and 5
provided for in
Articles 3, 4
shall be unenforceable.
and 5 shall be
[See Article 3(2) of the
unenforceable.
COM proposal and
Parliament’s Articles 3(2)
[
provisionally agreed at
trilogue 25/10/2018]
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.
TM 07.12: general reference
to exceptions to be made in
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second sentence; to be
finalised at technical level]
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
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
GREEN
1,
shall provide that when a
shall provide that when a
shall provide that when a
1.
Member States shall
introductory
collective management
collective management
collective management
provide that a collective
part
organisation, on behalf of
organisation, on behalf of
organisation, on behalf of
management organisation, in
its members, concludes a
its members, concludes a
in accordance with its
accordance with its
non-exclusive licence for
non-exclusive licence for
members,
mandates, may conclude a
non-commercial purposes
non-commercial purposes
concludes
mandates, may
non-exclusive licence for
with a cultural heritage
with a cultural heritage
conclude a non-exclusive
non-commercial purposes
institution for the
institution for the
licence for non-
with a cultural heritage
digitisation, distribution,
digitisation, distribution,
commercial purposes with
institution for the
communication to the
communication to the
a cultural heritage
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public or making available
public or making available
institution for the
reproduction, distribution,
of out-of-commerce works
of out-of-commerce works
digitisation
reproduction,
communication to the public
or other subject-matter
or other subject-matter
distribution,
or making available to the
permanently in the
permanently in the
communication to the
public of out-of-commerce
collection of the
collection of the
public or making available
works or other subject-
institution, such a non-
institution, such a non-
to the public of out-of-
matter permanently in the
exclusive licence may be
exclusive licence may be
commerce works or other
collection of the institution,
extended or presumed to
extended or presumed to
subject-matter permanently
irrespective of whether all
apply to rightholders of the
apply to rightholders of the
in the collection of the
rightholders covered by the
same category as those
same category as those
institution, such a non-
licence have mandated the
covered by the licence who
covered by the licence who
exclusive licence may be
collective management
are not represented by the
are not represented by the
extended or presumed to
organisation, provided that:
collective management
collective management
apply to rightholders of the
organisation, provided
organisation, provided
same category as those
that:
that:
irrespective of whether
[provisionally agreed at
all rightholders covered
Trilogue 26/11/2018]
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
GREEN
1, point (a)
management organisation
management organisation
management organisation
(a)
the collective
is, on the basis of mandates
is, on the basis of mandates
is, on the basis of
management organisation is,
from rightholders, broadly
from rightholders, broadly
mandates from
on the basis of mandates
representative of
representative of
rightholders,
from rightholders,
rightholders in the
rightholders in the
broadly
sufficiently
sufficiently representative of
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category of works or other
category of works or other
representative of
rightholders in the relevant
subject-matter and of the
subject-matter and of the
rightholders in the
type of works or other
rights which are the subject
rights which are the subject
category
relevant type of
subject-matter and of the
of the licence;
of the licence;
works or other subject-
rights which are the subject
matter and of the rights
of the licence;
which are the subject of
[provisionaly agreed at
the licence;
Trilogue 26/11/2018]
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
GREEN
1, point (c)
may at any time object to
may at any time object to
may at any time object
[
This point is moved to new
their works or other
their works or other
to
exclude the possibility
paragraph 1b below – row 167]
subject-matter being
subject-matter being
for collective
deemed to be out of
deemed to be out of
management
[provisionaly agreed at
commerce and exclude the
commerce and exclude the
organisations to license
Trilogue 26/11/2018]
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
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accordance with this
Article to their works or
other subject-matter.
164.
Art. 7, para
1a.
Member States
GREEN
1a
shall provide for an
1a.
Member States shall
exception or limitation to
provide for an exception or
the rights provided for in
limitation to the rights
Articles 2 and 3 of
provided for in Articles 2
Directive 2001/29/EC,
and 3 of Directive
Articles 5(a) and 7(1) of
2001/29/EC, Articles 5(a),
Directive 96/9/EC, Article
(b), (d) and (e) and 7(1) of
4(1) of Directive
Directive 96/9/EC, Article
2009/24/EC, and Article
4(1) of Directive
11(1) of this Directive,
2009/24/EC, and Article
permitting cultural
11(1) of this Directive, in
heritage institutions to
order to allow cultural
make copies available
heritage institutions to make
online of out-of-commerce
available out-of-commerce
works that are located
works or other subject-
permanently in their
matter that are permanently
collections for not-for-
in their collections for non-
profit purposes, provided
commercial purposes,
that:
provided that:
[Council provisionally
agreed at trilogue, provided
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that Council Article 9a is
adopted]
165.
Art. 7, para
(a)
the name of the
GREEN
1a, point (a)
author or any other
(a)
the name of the
identifiable rightholder is
author or any other
indicated, unless this
identifiable rightholder is
turns out to be impossible;
indicated, unless this turns
out to be impossible;
[provisionally agreed at
trilogue 03/12/2018;see also
comment in row 164]
166.
Art. 7, para
(b)
all rightholders
GREEN
1a, point (b)
may at any time object to
(b)
such works or other
their works or other
subject-matter are made
subject-matter being
available on non-
deemed to be out of
commercial websites.
commerce and exclude the
application of the
[provisionally agreed at
exception to their works or
trilogue 03/12/2018]
other subject-matter.
[Text of EP covered in new
paragraph 1b below – row
167;see also comment in row
164]
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167.
Art. 7, para
1b.
Member States
GREEN
1b
shall provide that the
1b. Member States shall
exception adopted
provide that the exception or
pursuant to paragraph 1a
limitation referred to in the
does not apply in sectors
previous paragraph only
or for types of works
applies to types of works or
where appropriate
other subject-matter for
licensing-based solutions,
which no collective
including but not limited
management organisation
to solutions provided for
exists that fulfils the
in paragraph 1, are
conditions referred to in
available. Member States
point (a) of paragraph 1.
shall, in consultation with
authors, other
1c. Member States shall
rightholders, collective
provide that all rightholders
management
may at any time, easily and
organisations and cultural
effectively, exclude their
heritage institutions,
works or other subject-
determine the availability
matter from the licensing
of extended collective
mechanism referred to in
licensing-based solutions
paragraph 1 or from uses
for specific sectors or
under the exception or
types of works.
limitation referred to in
paragraph 1a, either in
general or in specific cases,
including after the
conclusion of a licence or the
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beginning of the use
concerned.
[provisionaly agreed at
Trilogue 26/11/2018;see
also comment in row 164]
168.
Art. 7, para
2.
A work or other
2.
A work or other
2.
A work or other
GREEN
2, sub-
subject-matter shall be
subject-matter shall be
subject-matter shall be
2.
A work or other
para 1
deemed to be out of
deemed to be out of
deemed to be out-of-
subject-matter shall be
commerce when the whole
commerce when the whole
commerce when
it can be
deemed to be out-of-
work or other subject-
work or other subject-
presumed in good faith
commerce when it can be
matter, in all its
matter, in all its
that the whole work or
presumed in good faith that
translations, versions and
translations, versions and
other subject-matter, in all
the whole work or other
manifestations, is not
manifestations, is not
its translations, versions
subject-matter is not
available to the public
available to the public
and manifestations, is not
available to the public
through customary
through customary
available to the public
through customary channels
channels of commerce and
channels of commerce and
through customary
of commerce after a
cannot be reasonably
cannot be reasonably
channels of commerce and
reasonable effort is made to
expected to become so.
expected to become so.
cannot be reasonably
determine such availability.
Member States may
expected to become so.
provide a cut-off date in
after a reasonable effort
[provisionally agreed at
relation to determining
is made to determine
Trilogue 26/11/2018]
whether a work previously
such availability.
commercialised is deemed
to be out of commerce.
[See definition of out-of-
commerce work in
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Parliament’s Article 2(4a)
(rows 122-126)]
169.
Art. 7, para
Member States shall, in
Member States shall, in
Member States shall, in
GREEN
2, sub-
consultation with
consultation with
consultation with
Member States may provide
para 2
rightholders, collective
rightholders, collective
rightholders, collective
for specific requirements,
management organisations
management organisations
management organisations
such as a cut-off date, to
and cultural heritage
and cultural heritage
and cultural heritage
determine whether works
institutions, ensure that the
institutions, ensure that the
institutions, ensure that the
and other subject-matter can
requirements used to
requirements used to
may provide for specific
be licensed in accordance
determine whether works
determine whether works
requirements used to
with paragraph 1
or used
and other subject-matter
and other subject-matter
determine whether works
under the exception or
can be licensed in
can be licensed in
and other subject-matter
limitation referred to in
accordance with paragraph
accordance with paragraph
can be licensed in
paragraph 1a. Such
1 do not extend beyond
1
or used in accordance
accordance with paragraph
requirements shall not
what is necessary and
with paragraph 1a do not
1 do
. Such requirements
extend beyond what is
reasonable and do not
extend beyond what is
shall not extend beyond
necessary and reasonable
,
preclude the possibility to
necessary and reasonable
what is necessary and
and shall not preclude the
determine the out-of-
and do not preclude the
reasonable
, and do
shall
possibility to determine the
commerce status of a
possibility to determine the
not preclude the possibility
out-of-commerce status of a
collection as a whole,
out-of-commerce status of
to determine the out-of-
set of works or other subject-
when it is reasonable to
a collection as a whole,
commerce status of a
matter as a whole, when it is
presume that all works or
when it is reasonable to
collection as
set of works
reasonable to presume that
other subject-matter in the
presume that all works or
or other subject-matter
all works or other subject-
collection are out of
other subject-matter in the
as a whole, when it is
matter are out-of commerce.
commerce.
collection are out of
reasonable to presume that
commerce.
all works or other subject-
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matter in the collection are
[provisionaly agreed at
out
-of
-commerce.
Trilogue 26/11/2018;see
also comment in row 164]
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)]
introductory
appropriate publicity
publicity measures are
part
measures are taken
taken regarding:
regarding:
171.
Art. 7, para
(a)
the deeming of
(a) the deeming of works
3, point (a)
works or other subject-
or other subject-matter as
matter as out of commerce;
out of commerce;
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,
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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
GREEN
para 4,
shall ensure that the
shall ensure that the
shall ensure that the
4.
Member States shall
introductory
licences referred to in
licences referred to in
licences referred to in
ensure that the licences
part / Art. 7,
paragraph 1 are sought
paragraph 1 are sought
paragraph 1 are sought
referred to in paragraph 1 are
para 4
from a collective
from a collective
from a collective
sought from a collective
(Council)
management organisation
management organisation
management organisation
management organisation
that is representative for
that is representative for
that is representative for
that is representative for the
the Member State where:
the Member State where:
the Member State where:
Member State where the
the cultural heritage
cultural heritage institution is
institution is established.
established.
[provisionally agreed at
Trilogue 26/11/2018]
176.
Art. 7,
5.
This Article shall
GREEN
para 5,
not apply to sets of out-
5.
This Article shall not
introductory
of-commerce if, following
apply to sets of out-of-
part
the reasonable effort to
commerce works if, on the
(Council)
determine commercial
basis of the reasonable effort
availability, there is
referred to in paragraph 2,
evidence that such sets
there is evidence that such
predominantly consist of:
sets predominantly consist
of:
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[provisionally agreed at
Trilogue 26/11/2018]
177.
Art. 7,
(a)
the works or
(a)
the works or
(a)
the works or
other
GREEN
para 4, point
phonograms were first
phonograms were first
subject-matter
(a)
works or other
(a) (EP)/
published or, in the
published or, in the
phonograms were first
subject-matter first published
Art. 7, para
absence of publication,
absence of publication,
published or, in the
or, in the absence of
5, point (a)
where they were first
where they were first
absence of publication,
publication, first broadcast in
(Council)
broadcast, except for
broadcast, except for
where they were first
a third country, except for
cinematographic and
cinematographic and
broadcast
in a third
cinematographic or
audiovisual works;
audiovisual works;
country, except for
audiovisual works;
cinematographic and
or
audiovisual works;
[provisionally agreed at
Trilogue 26/11/2018]
178.
Art. 7,
(b)
the producers of the
(b)
the producers of the
(b)
cinematographic
GREEN
para 4, point
works have their
works have their
or audiovisual works, the
(b)
cinematographic or
(b) (EP)/
headquarters or habitual
headquarters or habitual
producers of the
audiovisual works, the
Art. 7, para
residence, for
residence, for
works
which have their
producers of which have
5, point (b)
cinematographic and
cinematographic and
headquarters or habitual
their headquarters or habitual
(Council)
audiovisual works; or
audiovisual works; or
residence, for
residence in a third country;
cinematographic and
or
audiovisual works
in a
third country; or
[provisionally agreed at
Trilogue 26/11/2018]
179.
Art. 7,
(c)
the cultural heritage
(c)
the cultural heritage
c)
the cultural heritage
GREEN
para 4, point
institution is established,
institution is established,
institution is established,
(c) (EP)
when a Member State or a
when a Member State or a
works or other subject-
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/Art. 7, para
third country could not be
third country could not be
matter of third country
c)
works or other
5, point (c)
determined, after
determined, after
nationals when a Member
subject-matter of third
(Council)
reasonable efforts,
reasonable efforts,
State or a third country
country nationals when a
according to points (a) and
according to points (a) and
could not be determined,
Member State or a third
(b).
(b).
after
a reasonable
country could not be
efforts
effort, according to
determined, after a
points (a) and (b).
);
reasonable effort, according
to points (a) and (b);
[provisionally agreed at
Trilogue 26/11/2018]
180.
Art. 7, para
5.
Paragraphs 1, 2 and
5.
Paragraphs 1, 2 and
5.
Paragraphs 1, 2 and
GREEN
5 (EP)/
3 shall not apply to the
3 shall not apply to the
3 shall not apply to
unless
unless the collective
Art. 7,
works or other subject-
works or other subject-
the works or other subject-
management organisation is
para 5,
matter of third country
matter of third country
matter
collective
sufficiently representative of
closing
nationals except where
nationals except where
management
rightholders of that third
phrase
points (a) and (b) of
points (a) and (b) of
organisation is
country in the meaning of
(Council)
paragraph 4 apply.
paragraph 4 apply.
sufficiently
point (a) of paragraph 1.
representative of
rightholders of that third
country nationals except
[provisionally agreed at
where points
in the
Trilogue 26/11/2018]
meaning of point (a) and
(b) of paragraph 4 apply
1.
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181.
Art. 8, title
Article 8
Article 8
Article 8
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
GREEN
1
subject-matter covered by
commerce works or other
subject-matter covered by
1.
A licence granted in
a licence granted in
subject-matter covered by
a
A licence granted in
accordance with Article 7
accordance with Article 7
a licence granted in
accordance with Article 7
may allow the use of out-of-
may be used by the
accordance with Article 7
may be used
allow the use
commerce works or other
cultural heritage institution
may be used by the
of out-of-commerce
subject-matter by the cultural
in accordance with the
cultural heritage institution
works or other subject-
heritage institution in any
terms of the licence in all
in accordance with the
matter by the cultural
Member State.
Member States.
terms of the licence
that
heritage institution in
Article in all Member
accordance with the terms
2. The uses of works and
States.
of the licence in all
any
other subject-matter under
Member States
State.
the exception or limitation
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
Trilogue 26/11/2018; see
also comment in row 164]
183.
Art. 8, para
2.
Member States
2.
Member States
2.
[Moved to new Article
GREEN
2
shall ensure that
shall ensure that
8a(1)]
information that allows the
information that allows the
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identification of the works
identification of the works
2.
[Moved to new Article
or other subject-matter
or other subject-matter
8a(1)]
covered by a licence
covered by a licence
[provisionally agreed at
granted in accordance with
granted in accordance with
Trilogue 26/11/2018]
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
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.
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184.
Art. 8, para
3.
The portal referred
3.
The portal referred
3.
[Moved to new Article
GREEN
3
to in paragraph 2 shall be
to in paragraph 2 shall be
8a(1) second
3.
[Moved to new Article
established and managed
established and managed
subparagraph]
8a(1) second subparagraph]
by the European Union
by the European Union
Intellectual Property Office
Intellectual Property Office
[provisionally agreed at
in accordance with
in accordance with
Trilogue 26/11/2018]
Regulation (EU) No
Regulation (EU) No
386/2012.
386/2012.
185.
Art. 8a, title
GREEN
Article 8a
Publicity measures
Article 8a
Publicity measures
[provisionally agreed at
Trilogue 26/11/2018]
186.
Art. 8a, para
1.
Member States
GREEN
1, sub-para
shall ensure that
1.
Member States shall
1
information that allows
for
ensure that information
from
the purposes of the
cultural heritage
identification of the
out-
institutions, collective
of-commerce works or
management organisations
other subject-matter
or relevant public
covered by a licence
authorities for the purposes
granted in accordance with
of the identification of the
Article 7 and
as well as
out-of-commerce works or
information about the
other subject-matter
covered
possibility
possibilities of
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rightholders to object
by a licence granted in
referred to in Article
accordance with Article
7(1)(c) are
), and, as soon
7(1) or used under the
as it is available,
exception or limitation
information on the
referred to in Article 7(1a)
parties to the licence, the
as well as information about
covered territories and
the possibilities of
the allowed uses is made
rightholders referred to in
publicly accessible in a
Article
7(1c), and, as soon as
single online portal
it is available
and where
for
from at least six months
relevant, information on the
before the works or other
parties to the licence, the
subject-matter are
covered territories and the
digitised, distributed,
allowed uses
is made
communicated to the
permanently, easily and
public or made available in
effectively accessible in a
Member States other than
public single online portal
the one where the licence
from at least six months
is granted, and for the
before the works or other
whole duration of
to the
subject-matter are
public in accordance
distributed, communicated to
with the licence.
the public or made available
to the public in accordance
[Article 8(2) of the COM
with the licence
or under
proposal, amended]
the exception or limitation.
[Article 8(2) of the COM
proposal, amended]
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[provisionally agreed at
Trilogue 26/11/2018,
including clarification in
recital (27) that the licence
may cover one, several or all
Member States; see also
comment in row 164]
187.
Art. 8a, para
3.
The portal referred
GREEN
1, sub-
to in paragraph 2 shall be
The portal shall be
para 2
established and managed
established and managed by
by the European Union
the European Union
Intellectual Property
Intellectual Property Office
Office in accordance with
in accordance with
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
Trilogue 26/11/2018]
188.
Art. 8a, para
2.
Member States
GREEN
2
shall provide that
, if
2.
Member States shall
necessary for the general
provide that, if necessary for
awareness of
the general awareness of
rightholders, further
rightholders, further
appropriate publicity
appropriate publicity
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measures are taken
measures are taken regarding
regarding: (a) the deeming
the possibility for collective
of works or other subject-
management organisations
matter as out of commerce;
to license works or other
(b) the licence, and in
subject-matter in accordance
particular its application to
with Article 7, the licences
unrepresented
granted
, the uses under the
rightholders;
the
exception or limitation
possibility for collective
referred to in Article 7(1a)
management
and the possibilities of
organisations to license
rightholders referred to in
works or other subject-
Article
7(1c).
matter in accordance
The additional appropriate
with Article 7, the
publicity measures shall be
licences granted and (c)
taken in the Member State
the possibilities to object
where the licence is sought
of rightholders referred to
in accordance to Article
in point (c) of paragraph 1
7(1) or, for uses under the
Article 7(1)(c) ;
.
exception or limitation
Including during a
referred to in Article 7(1a),
reasonable period of time
where the cultural heritage
before the works or other
institution is established. If
subject-matter are
there is evidence, such as the
digitised, distributed,
origin of the works or other
communicated to the
subject-matter, to suggest
public or made available.
that the awareness of
rightholders could be more
efficiently raised in other
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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
Trilogue 26/11/2018; see
could be more efficiently
also comment in row 164]
raised in other Member
States or third countries,
such publicity measures
shall also cover those
Member States and third
countries.
[Article 7(3) of the COM
proposal, amended]
189.
Art. 9, title
Article 9
Article 9
Article 9
Article 9
Stakeholder dialogue
Stakeholder dialogue
Stakeholder dialogue
Stakeholder dialogue
190.
Art 9
Member States shall
Member States shall
Member States shall
GREEN
ensure a regular dialogue
ensure a regular dialogue
ensure
consult
Member States shall consult
between representative
between representative
rightholders, collective
rightholders, collective
users' and rightholders'
users' and rightholders'
management
management organisations
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organisations, and any
organisations, and any
organisations and
and cultural heritage
other relevant stakeholder
other relevant stakeholder
cultural heritage
institutions in each sector
organisations, to, on a
organisations, to, on a
institutions in each sector
before establishing specific
sector-specific basis, foster
sector-specific basis, foster
before establishing
requirements pursuant to
the relevance and usability
the relevance and usability
specific requirements
Article 7(2), and encourage a
of the licensing
of the licensing
pursuant to Article 7(2),
regular dialogue between
mechanisms referred to in
mechanisms referred to in
and encourage a regular
representative users' and
Article 7(1), ensure the
Article 7(1)
and the
dialogue between
rightholders' organisations,
effectiveness of the
exception referred to in
representative users' and
including collective
safeguards for rightholders
Article 7(1a), ensure the
rightholders' organisations,
management organisations,
referred to in this Chapter,
effectiveness of the
including collective
and any other relevant
notably as regards
safeguards for rightholders
management
stakeholder organisations, on
publicity measures, and,
referred to in this Chapter,
organisations, and any
a sector-specific basis, to
where applicable, assist in
notably as regards
other relevant stakeholder
foster the relevance and
the establishment of the
publicity measures, and,
organisations, to, on a
usability of the licensing
requirements referred to in
where applicable, assist in
sector-specific basis,
to
mechanisms referred to in
the second subparagraph of
the establishment of the
foster the relevance and
Article 7(1) and to ensure the
Article 7(2).
requirements referred to in
usability of the licensing
effectiveness of the
the second subparagraph of
mechanisms referred to in
safeguards for rightholders
Article 7(2).
Article 7(1),
) and to
referred to in this Chapter.
ensure the effectiveness of
the safeguards for
rightholders referred to in
[provisionally agreed at
this Chapter, notably as
Trilogue 26/11/2018]
regards publicity
measures, and, where
applicable, assist in the
establishment of the
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requirements referred to in
the second subparagraph
of Article 7(2)
.
191.
CHAPTER 1a
CHAPTER 1a
Measures to facilitate
Measures to facilitate
collective licensing
collective licensing
192.
Art. 9a, title
Article 9a
Article 9a
Collective licensing with
Collective licensing with an
an extended effect
extended effect
[Article 9a provisionally
agreed at trilogue
03/12/2018; final wording as
set out in rows 193 - 202 (i.e.
with technical clarifications
from COM and related
recitals (28a)-(28h), as set
out in rows 56 - 63, to be
confirmed by trilogue]
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
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in this Article, that when
collective management
a collective management
organisation,
to which is
organisation, in
subject to the national
accordance with its
rules implementing Article
mandates from
2 of Directive 2014/26/EU,
rightholders, enters into
applies and which , in
a licensing agreement for
accordance with its mandates
the exploitation of works
from rightholders, enters into
or other subject-matter
a licensing agreement for the
such an agreement may
exploitation of works or
be extended to apply to
other subject-matter such an
the rights of rightholders
agreement may be extended
who have not authorised
to apply to the rights of
the organisation to
rightholders who have not
represent them by way of
authorised the
that
assignment, licence or
collective management
any other contractual
organisation to represent
arrangement; or, with
them by way of assignment,
respect to such an
licence or any other
agreement, the
contractual arrangement; or,
organisation has a legal
with respect to such an
mandate or is presumed
agreement, the organisation
to represent rightholders
has a legal mandate or is
who have not authorised
presumed to represent
the organisation
rightholders who have not
accordingly.
authorised the organisation
accordingly.
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[see comment in rows 192
and 164]
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
licensing mechanism
other subject-matter
safeguards the legitimate
concerned and that such
interests of rightholders .
mechanism safeguards
[see comment in rows 192
the legitimate interests of
and 164]
rightholders.
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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
shall provide
that:
[see comment in rows 192
and 164]
196.
Art. 9a, para
(a)
the organisation
(a)
the
collective right
3, point (a)
is, on the basis of
management organisation
mandates from
is, on the basis of mandates
rightholders, sufficiently
from rightholders,
representative of
sufficiently representative of
rightholders in the
rightholders in the relevant
relevant type of works or
type of works or other
other subject-matter and
subject-matter and of the
of the rights which are
rights which are the subject
the subject of the licence
of the licence for the relevant
for the relevant Member
Member State;
State;
[see comment in rows 192
and 164]
197.
Art. 9a, para
(b)
equal treatment is
(b)
equal treatment is
3, point (b)
guaranteed to all
guaranteed to all
rightholders in relation
rightholders
, including in
to the terms of the
relation to the terms of the
licence;
licence;
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[see comment in rows 192
and 164]
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;
[see comment in rows 192
and 164]
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
inform
awareness of
rightholders regarding the
rightholders regarding
possibility for
the collective
the possibility for
management organisations
organisations to license
to license works or other
works or other subject-
subject-matter and the
matter and the licensing
licensing taking place in
taking place in
accordance with this Article,
accordance with this
and the possibilities of
Article, and the
rightholders referred to in
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possibilities of
point (c) starting from a
rightholders referred to
reasonable period before the
in point (c) starting from
works or other subject-
a reasonable period
matter are used under the
before the works or other
licence. Publicity measures
subject-matter are used
should be effective without
under the licence.
the need to inform each
Publicity measures
rightholder individually.
should be effective
[see comment in rows 192
without the need to
and 164]
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
does not affect to
prejudice to the
the application of collective
application of collective
licensing mechanisms with
licensing mechanisms
an extended effect in
with an extended effect in
conformity with other
conformity with other
existing provisions of Union
provisions of Union law,
law, including those
including those which
provisions which allow
allow exceptions or
exceptions or limitations
.
limitations, and shall not
This article shall not apply
apply to mandatory
to mandatory collective
collective management of
management of rights.
rights.
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Article 7 of Directive
2014/26/EU shall apply to
the licensing mechanism
provided for in this Article.
[see comment in row 192
and 164]
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
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
, and the way in which
accordance with the
information on the
mechanism in paragraph
licensing and the
1. The Commission shall
possibilities of rightholders
publish this information.
referred to in point (c) of
paragraph 3 can be
obtained. The Commission
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shall publish this
information.
[see comment in row 192
and 164]
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
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
including right holders
impact on licensing and
who are not members
rightholders. The
and/or who are nationals
Commission’s report
of, or resident in, another
shall be accompanied, if
Member State, their
appropriate, by a
effectiveness to facilitate
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legislative proposal,
the dissemination of
including as regards
cultural content, and the
publicity measures, and,
impact on the internal
where applicable, assist in
market, including the
the establishment of the
cross- border provision of
requirements referred to in
services and competition.
the second subparagraph
The Commission’s report
of Article 7(2).
the cross-
shall be accompanied, if
border effect of such
appropriate, by a legislative
national schemes.
proposal, including as
regards the cross-border
effect of such national
schemes.
[see comment in row 192
and 164]
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
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
GREEN
para 1
ensure that where parties
ensure that where parties
ensure that where parties
Member States shall ensure
wishing to conclude an
wishing to conclude an
wishing
facing difficulties
that parties facing difficulties
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agreement for the purpose
agreement for the purpose
related to the licensing of
related to the licensing of
of making available
of making available
rights when seeking to
rights when seeking to
audiovisual works on
audiovisual works on
conclude an agreement for
conclude an agreement for
video-on-demand
video-on-demand
the purpose of making
the purpose of making
platforms face difficulties
platforms face difficulties
available audiovisual
available audiovisual works
relating to the licensing of
relating to the licensing of
works on video-on-demand
on video-on-demand
rights, they may rely on the
audiovisual rights, they
platforms face difficulties
services, may rely on the
assistance of an impartial
may rely on the assistance
relating to the licensing of
assistance of an impartial
body with relevant
of an impartial body with
rights, they
services, may
body or of mediators. The
experience. That body
relevant experience. That
rely on the assistance of an
impartial body
created or
shall provide assistance
body
The impartial body
impartial body with
designated by the Member
with negotiation and help
created or designated by
relevant experience.
State for the purpose of
reach agreements.
the Member State for the
That
or of mediators. The
this Article or mediators
purpose of this Article
body
or mediators shall
shall provide assistance to
shall provide assistance
to
provide assistance
to the
the parties with their
the parties with
parties with
negotiation
s and help them
negotiation and help
them
negotiation
their
reach agreements, including,
to reach agreement.
negotiations and help
where appropriate, by
them reach agreements
,
submitting proposals to the
including, where
parties.
appropriate, by
submitting proposals to
the parties.
[provisionally agreed at
Trilogue 26/11/2018]
206.
Art. 10, sub-
No later than [date
No later than [date
No later than [date
GREEN
para 2
mentioned in Article
mentioned in Article
mentioned in Article
Member States shall notify
21(1)] Member States shall
21(1)] Member States shall
21(1)] Member States shall
to the Commission the body
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notify to the Commission
notify to
inform the
notify to the Commission
or mediators referred to in
the body referred to in
Commission
of the body
the body
or mediators
paragraph 1 no later than
paragraph 1.
referred to in paragraph 1.
referred to in paragraph 1
[date mentioned in Article
they create or designate
no later than [date
21(1)]. In cases where
pursuant to the first
mentioned in Article
Member States have chosen
paragraph.
21(1)]. In cases where
to rely on mediation, the
Member States have
notification to the
chosen to rely on
Commission shall at least
mediation, the
include, when available, the
notification to the
source where relevant
Commission shall at least
information on the entrusted
include, when available,
mediators can be found.
the source where relevant
information on the
entrusted mediators can
[provisionally agreed at
be found.
Trilogue 26/11/2018]
207.
Art. 10, sub-
To encourage the
GREEN
para 3
availability of audiovisual
[provisionally agreed at
works on video-on-
Trilogue on 26/11/2018 to
demand platforms,
insert part of the EP
Member States shall foster
mandate of this row into a
dialogue between
recital (not in Article) along
representative
the following lines: Member
organisations of authors,
States should encourage
producers, video-on-
dialogue between
demand platforms and
representative organisations,
without it being an
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other relevant
obligation for Member
stakeholders.
States]
208.
CHAPTER 2a
Access to Union
publications
209.
Art. 10a,
Article 10 a
title
Union Legal Deposit
210.
Art. 10a,
1.
Any electronic
para 1
publication dealing with
Union-related matters
such as Union law, Union
history and integration,
Union policy and Union
democracy, institutional
and parliamentary affairs,
and politics, that is made
available to the public in
the Union shall be subject
to a Union Legal Deposit.
211.
Art. 10a,
2.
The European
para 2
Parliament Library shall
be entitled to delivery, free
of charge, of one copy of
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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
purpose of research or
study by accredited
researchers and under the
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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
TITLE IV
MEASURES TO
MEASURES TO
MEASURES TO
MEASURES TO ACHIEVE
ACHIEVE A WELL-
ACHIEVE A WELL-
ACHIEVE A WELL-
A WELL-FUNCTIONING
FUNCTIONING
FUNCTIONING
FUNCTIONING
MARKETPLACE FOR
MARKETPLACE FOR
MARKETPLACE FOR
MARKETPLACE FOR
COPYRIGHT
COPYRIGHT
COPYRIGHT
COPYRIGHT
216.
CHAPTER 1
CHAPTER 1
CHAPTER 1
CHAPTER 1
Rights in publications
Rights in publications
Rights in publications
Rights in publications
217.
Art. 11, title
Article 11
Article 11
Article 11
Article 11
Protection of press
Protection of press
Protection of press
Protection of press publications
publications concerning
publications concerning
publications concerning
concerning [digital] [online]
digital uses
digital uses
digitalonline uses
uses
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218.
Art. 11, para
1.
Member States
1.
Member States
1.
Member States
GREEN
1
shall provide publishers of
shall provide publishers of
shall provide publishers of
1. Member States shall
press publications with the
press publications with the
press publications
provide publishers of press
rights provided for in
rights provided for in
established in a Member
publications established in a
Article 2 and Article 3(2)
Article 2 and Article 3(2)
State with the rights
Member State with the rights
of Directive 2001/29/EC
of Directive 2001/29/EC
provided for in Article 2
provided for in Article 2 and
for the digital use of their
so that they may obtain
and Article 3(2) of
Article 3(2) of Directive
press publications.
fair and proportionate
Directive 2001/29/EC for
2001/29/EC for the online
remuneration for the
the digital
online use of
use of their press
digital use of their press
their press publications
by
publications by information
publications
by
information society
society service providers.
information society
service providers.
These rights shall not apply
service providers.
to
private or non-
commercial uses of press
publications carried out by
individual users.
The protection granted under
the first subparagraph shall
not apply to acts of
hyperlinking.
[provisionally agreed at
trilogue 03/12/2018;
Recital to clarify that
individual users that
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contribute to Wikipedia are
not covered]
219.
Art. 11, para
The rights referred to in
[To be further discussed at
1, sub-
the first subparagraph
trilogue level]
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
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
GREEN
1a
to in paragraph 1 shall
1a. These rights shall not
not prevent legitimate
apply to private and non-
private and non-
commercial uses of press
commercial use of press
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publications by individual
publications carried out by
users.
individual user.
[provisionally agreed at
trilogue 03/12/2018]
221.
Art. 11, para
2.
The rights referred
2.
The rights referred
2.
The rights referred
GREEN
2
to in paragraph 1 shall
to in paragraph 1shall
to in paragraph 1 shall
2. The rights referred to in
leave intact and shall in no
leave intact and shall in no
leave intact and shall in no
paragraph 1 shall leave intact
way affect any rights
way affect any rights
way affect any rights
and shall in no way affect
provided for in Union law
provided for in Union law
provided for in Union law
any rights provided for in
to authors and other
to authors and other
to authors and other
Union law to authors and
rightholders, in respect of
rightholders, in respect of
rightholders, in respect of
other rightholders, in respect
the works and other
the works and other
the works and other
of the works and other
subject-matter
subject-matter
subject-matter
subject-matter incorporated
incorporated in a press
incorporated in a press
incorporated in a press
in a press publication. The
publication. Such rights
publication. Such rights
publication. Such
The
rights referred to in
may not be invoked against
may not be invoked against
rights
referred to in
paragraph 1 may not be
those authors and other
those authors and other
paragraph 1 may not be
invoked against those
rightholders and, in
rightholders and, in
invoked against those
authors and other
particular, may not deprive
particular, may not deprive
authors and other
rightholders and, in
them of their right to
them of their right to
rightholders and, in
particular, may not deprive
exploit their works and
exploit their works and
particular, may not deprive
them of their right to exploit
other subject-matter
other subject-matter
them of their right to
their works and other
independently from the
independently from the
exploit their works and
subject-matter independently
press publication in which
press publication in which
other subject-matter
from the press publication in
they are incorporated.
they are incorporated.
independently from the
which they are incorporated.
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press publication in which
[provisionally agreed at
they are incorporated.
trilogue 03/12/2018]
222.
Art. 11, para
When a work or other
GREEN
2, sub-
subject-matter is
When a work or other
para 2
incorporated in a press
subject-matter is
publication on the basis
incorporated in a press
of a non-exclusive licence,
publication on the basis of a
the rights referred to in
non-exclusive licence, the
paragraph 1 may not be
rights referred to in
invoked to prohibit the
paragraph 1 may not be
use by other authorised
invoked to prohibit the use
users. The rights referred
by other authorised users.
to in paragraph 1 may
The rights referred to in
not be invoked to
paragraph 1 may not be
prohibit the use of works
invoked to prohibit the use
or other subject-matter
of works or other subject
whose protection has
matter whose protection has
expired.
expired.
[provisionally agreed at
trilogue 03/12/2018]
223.
Art. 11, para
2a.
The rights referred
GREEN
2a
to in paragraph 1 shall
[integrated into
not extend to mere
paragraph 1, row 218, as
hyperlinks which are
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accompanied by
provisionally agreed at
individual words.
trilogue 03/12/2018]
224.
Art. 11, para
3.
Articles 5 to 8 of
3.
Articles 5 to 8 of
3.
Articles 5 to 8 of
GREEN
3
Directive 2001/29/EC and
Directive 2001/29/EC and
Directive 2001/29/EC and
3. Articles 5 to 8 of Directive
Directive 2012/28/EU shall
Directive 2012/28/EU shall
Directive 2012/28/EU shall
2001/29/EC and Directives
apply
mutatis mutandis in
apply mutatis mutandis in
apply
mutatis mutandis in
2012/28/EU and (EU)
respect of the rights
respect of the rights
respect of the rights
2017/1564 shall apply
referred to in paragraph 1.
referred to in paragraph 1.
referred to in paragraph 1.
mutatis mutandis in respect
of the rights referred to in
paragraph 1.
[identical text]
225.
Art. 11, para
4.
The rights referred
4.
The rights referred
4.
The rights referred
4.
The rights referred to
4
to in paragraph 1 shall
to in paragraph 1 shall
to in paragraph 1 shall
in paragraph 1 shall expire
expire 20 years after the
expire 20
5 years after the
expire 20 years
1 year after
20 years[
1 year] [
5 years]
publication of the press
publication of the press
the publication of the press
after the publication of the
publication. This term shall
publication. This term shall
publication. This term shall
press publication. This term
be calculated from the first
be calculated from the first
be calculated from the first
shall be calculated from the
day of January of the year
day of January of the year
day of January of the year
first day of January of the
following the date of
following the date of
following the date o
year following the date o
publication.
publication.
The right
publication.
publication.
referred to in paragraph 1
[term of protection to be
shall not apply with
discussed at trilogue]
retroactive effect.
Paragraph 1 shall not apply
to press publications first
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published before [entry into
force of the Directive].
[last sentence provisionally
agreed at trilogue
03/12/2018]
226.
Art. 11, para
4a.
Member States
[Remuneration of journalists
4a
shall ensure that authors
(authors of the works
receive an appropriate
contained in a press
share of the additional
publication) to be discussed
revenues press publishers
further at trilogue, possibly
receive for the use of a
in context of the
press publication by
remuneration chapter]
information society
service providers
227.
Art. 11, para
5. Paragraph 1 shall not
GREEN
5
apply to press
[integrated into pargarph 4;
publications first
see last sentence in row 225
published before [entry
as provisionally agreed at
into force of the
trilogue 03/12/2018]
Directive].
228.
Art, 12, title
Article 12
Article 12
Article 12
Article 12
Claims to fair
Claims to fair
Claims to fair
Claims to fair compensation
compensation
compensation
compensation
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229.
Art. 12, sub-
Member States may
Member States
with
Member States may
GREEN
para 1 (EP)/
provide that where an
compensation-sharing
provide that where an
Member States may provide
Art. 12,
author has transferred or
systems between authors
author has transferred or
that where an author has
introductory
licensed a right to a
and publishers for
licensed a right to a
transferred or licensed a
part
publisher, such a transfer
exceptions and limitations
publisher, such a transfer
right to a publisher, such a
(Council)]
or a licence constitutes a
may provide that where an
or a licence constitutes a
transfer or a licence
sufficient legal basis for
author has transferred or
sufficient legal basis for
constitutes a sufficient legal
the publisher to claim a
licensed a right to a
the publisher to claim
be
basis for the publisher to be
share of the compensation
publisher, such a transfer
entitled to a share of
:
entitled to a share of the
for the uses of the work
or a licence constitutes a
[remaining part of this
compensation for the uses of
made under an exception
sufficient legal basis for
paragraph of the COM
the work made under an
or limitation to the
the publisher to claim a
proposal was moved to
exception or limitation to the
transferred or licensed
share of the compensation
new point (a) (see row
transferred or licensed right.
right.
for the uses of the work
230)]
made under an exception
[provisionally agreed at
or limitation to the
trilogue 03/12/2018]
transferred or licensed
[to be read in conjunction
right
, provided that an
with recital (36), as
equivalent compensation-
provisionally agreed at TM
sharing system was in
04/12/2018, tbc at trilogue -
operation in that Member
see row 74]
State before 12 November
2015.
230.
Art. 12,
(a)
the compensation
GREEN
point (a)
for the uses of the work
[integreated into row 229]
made under an exception
or limitation to the
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transferred or licensed
[provisionally agreed at
right.
; and
trilogue 03/12/2018]
[See Parliament’s sub-
paragraph 1 of Article 12
(row 229)]
231.
Art. 12,
(b)
the remuneration
GREEN
point (b)
for public lending
Deleted
provided for in Article
6(1) of Directive
[provisionally agreed at
2006/115/EC.
trilogue 03/12/2018]
232.
Art. 12, sub-
The first paragraph shall
GREEN
para 2
be without prejudice to the
The first paragraph shall be
arrangements in Member
without prejudice to existing
States concerning public
and future arrangements in
lending rights, the
Member States concerning
management of rights not
public lending rights.
based on exceptions or
limitations to copyright,
[provisionally agreed at
such as extended
trilogue 03/12/2018]
collective licensing
[to be read in conjunction
schemes, or concerning
with recital (36), as
remuneration rights on
provisionally agreed at TM
the basis of national law.
04/12/2018 to be confirmed
at trilogue - see row 74]
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233.
CHAPTER 1a
Protection of sport event
organizers
234.
Art. 12a,
Article 12a
title
Protection of sport event
organizers
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
CHAPTER 2
Certain uses of protected
Certain uses of protected
Certain uses of protected
Certain uses of protected
content by online services
content by online services
content by online services
content by online services
237.
Art. 13, title
Article 13
Article 13
Article 13
Article 13
Use of protected content by
Use of protected content by
Use of protected content by
Use of protected content by
information society service
information society online
information society
online
online content sharing
providers storing and
content sharing service
content sharing service
service providers [storing
giving access to large
providers storing and
providers storing
and giving access to large
amounts of works and
giving access to large
amounts of works and other
amounts of works and
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other subject-matter
other subject-matter
subject-matter uploaded by
uploaded by their users
uploaded by their users
their users]
[Article 13 to be further
discussed at trilogue]
238.
Art. 13, para
1.
Information society
1.
Without prejudice
1.
Member States
1. Member States shall
1
service providers that store
to Article 3(1) and (2) of
shall provide that an
provide that an online
and provide to the public
Directive 2001/29/EC,
online content sharing
content sharing service
access to large amounts of
online content sharing
service provider
provider performs an act of
works or other subject-
Information society service
performs an act of
communication to the public
matter uploaded by their
providers that store and
communication to the
or an act of making available
users shall, in cooperation
provide
perform an act of
public or an act of
to the public for the purposes
with rightholders, take
communication to the
making available to the
of this directive when it
measures to ensure the
public access to large
public when it gives the
gives the public access to
functioning of agreements
amounts of works or other
public access to copyright
copyright protected works or
concluded with
subject-matter uploaded by
protected works or other
other protected subject
rightholders for the use of
their users
. They shall in
protected subject matter
matter uploaded by its users.
their works or other
cooperation with
uploaded by its users.
subject-matter or to
rightholders, take measures
An online content
An online content sharing
prevent the availability on
to ensure the functioning
sharing service provider
service provider shall
their services of works or
of agreements concluded
shall obtain an
therefore obtain an
other subject-matter
with rightholders for the
authorisation from the
authorisation from the
identified by rightholders
use of their works or other
rightholders referred to
rightholders referred to in
through the cooperation
subject-matter or to
in Article 3(1) and giving
Article 3(1) and (2) of
with the service providers.
prevent the availability on
access to large amounts
Directive 2001/29/EC, [for
Those measures, such as
their services of works or
of
(2) of Directive
instance by concluding a
the use of effective content
other subject-matter
2001/29/EC in order to
licencing agreement,] in
recognition technologies,
identified by rightholders
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shall be appropriate and
through the cooperation
communicate or make
order to communicate or
proportionate. The service
with the service providers.
available to the public
make available to the public
providers shall provide
Those measures, such as
works or other subject
works or other subject
rightholders with adequate
the use of effective content
matter. Where no such
matter.
information on the
recognition technologies,
authorisation has been
[situation where no
functioning and the
shall be
therefore
obtained, the service
authorisation has been
deployment of the
conclude fair and
provider shall prevent
obtained, to be further
measures, as well as, when
appropriate and
the availability on its
discussed at trilogue]
relevant, adequate
proportionate. The service
service of those works and
reporting on the
providers shall provide
other subject-matter
recognition and use of the
rightholders with adequate
uploaded by
matter,
works and other subject-
information on the
including through the
matter.
functioning and the
application of measures
deployment of the
referred to in paragraph
measures, as well as, when
4. This subparagraph
relevant, adequate
shall apply without
reporting on the
prejudice to exceptions
recognition and use of the
and limitations provided
works and other subject-
for in Union law.
matter.
licensing
Member States shall
agreements with right
Member States shall provide
provide that when an
holders.
that when an authorisation
authorisation has been
has been obtained, including
obtained, including via a
via a licensing agreement, by
licensing agreement, by
an online content sharing
an online content sharing
service provider, this
service provider, this
authorisation shall also cover
authorisation shall also
acts carried out by users of
cover acts of uploading
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by the users of the service
the services falling within
falling within Article 3 of
Article 3 of Directive
Directive 2001/29/EC
2001/29/EC when they are
when they are not acting
not acting on a commercial
on a commercial basis.
basis
or their activity does
not generate significant
[Last two sentences of
revenues.
COM proposal were
moved to Council’s
[last sentence provisionally
paragraphs 5 and 6
agreed at trilogue
respectively]
03/12/2018;
“significant revenues” to be
clarified in a recital;
Formulation on the
relationships with Article 14
of ECD to be discussed
including whether this issue
should be dealt with in the
Article or in a recital]
239.
Art. 13, para
2. Member States shall
[Article 13 to be further
2 (EP)
ensure that the
Licensing
discussed at trilogue]
agreements which are
concluded by online
content sharing service
providers
with right
holders for the acts of
communication referred to
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in paragraph 1 put in place
complaints and redress
mechanisms that are
available to users in case
of disputes over the
application of the measures
referred to in paragraph 1.
,
shall cover the liability for
works uploaded by the
users
of such online
content sharing services
in line with the terms and
conditions set out in the
licensing agreement,
provided that such users
do not act for commercial
purposes.
[See Council’s paragraph
1, subparagraph 3 (row
238)]
240.
Art. 13, para
2a.
Member States
[Article 13 to be further
2a (EP)
shall provide that where
discussed at trilogue]
right holders do not wish
to conclude licensing
agreements, online
content sharing service
providers and right
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holders shall cooperate in
good faith in order to
ensure that unauthorised
protected works or other
subject matter are not
available on their services.
Cooperation between
online content service
providers and right
holders shall not lead to
preventing the availability
of non-infringing works
or other protected subject
matter, including those
covered by an exception or
limitation to copyright.
241.
Art. 13, para
2.
Member States
2b.
Members States
[Paragraph 2 of the COM
[Article 13 to be further
2 / para 2b
shall ensure that the
shall ensure that online
proposal was moved to
discussed at trilogue]
(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
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to unjustified removals of
their content. Any
complaint filed under
such mechanisms shall be
processed without undue
delay and be subject to
human review. Right
holders shall reasonably
justify their decisions to
avoid arbitrary dismissal
of complaints. Moreover,
in accordance with
Directive 95/46/EC,
Directive 2002/58/EC and
the General Data
Protection Regulation, the
cooperation shall not lead
to any identification of
individual users nor the
processing of their
personal data. Member
States shall also ensure
that users have access to
an independent body for
the resolution of disputes
as well as to a court or
another relevant judicial
authority to assert the use
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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
[stakeholder dialogues were
3 (EP)
shall facilitate, where
into force of this
Council’s text]
moved to row 253]
appropriate, the
directive], the Commission
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
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technological
developments.
and issue
guidance to ensure the
functioning of licensing
agreements and on
cooperation between
online content sharing
service providers and right
holders for the use of their
works or other subject
matter within the meaning
of this Directive. When
defining best practices,
special account shall be
taken of fundamental
rights, the use of
exceptions and limitations
as well as ensuring that
the burden on SMEs
remains appropriate and
that automated blocking
of content is avoided.
243.
Art. 13, para
3.
When an online
[Article 13 to be further
3 (Council)
content sharing service
discussed at trilogue]
provider performs an act
of communication to the
public or an act of
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making available to the
public, it shall not be
eligible for the exemption
of liability provided for
in Article 14 of Directive
2000/31/EC for
unauthorised acts of
communication to the
public and making
available to the public,
without prejudice to the
possible application of
Article 14 of Directive
2000/31/EC to those
services for purposes
other than copyright
relevant acts.
244.
Art. 13, para
4.
In the absence of
[Article 13 to be further
4,
the authorisation
discussed at trilogue]
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
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public or making
available to the public
within the meaning of
this Article when:
245.
Art. 13, para
(a)
it demonstrates
[Article 13 to be further
4, point (a)
that it has made best
discussed at trilogue]
efforts to prevent the
availability of specific
works or other subject
matter by implementing
effective and
proportionate measures,
in accordance with
paragraph 5, to prevent
the availability on its
services of the specific
works or other subject
matter identified by
rightholders and for
which the rightholders
have provided the service
with relevant and
necessary information for
the application of these
measures; and
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246.
Art. 13, para
(b)
upon notification
[Article 13 to be further
4, point (b)
by rightholders of works
discussed at trilogue]
or other subject matter,
it has acted
expeditiously to remove
or disable access to these
works or other subject
matter and it
demonstrates that it has
made its best efforts to
prevent their users
future
availability through the
measures referred to in
point (a).
247.
Art. 13, para
5.
The measures
[Article 13 to be further
5,
referred to in point (a) of
discussed at trilogue]
introductory
paragraph 4 shall be
part
effective and
proportionate, taking
into account, among
other factors:
248.
Art. 13, para
(a)
the nature and
[Article 13 to be further
5, point (a)
size of the services, in
discussed at trilogue]
particular whether they
are provided by a
microenterprise or a
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small-sized enterprise
within the meaning of
Title I of the Annex to
Commission
Recommendation
2003/361/EC, and their
audience;
249.
Art. 13, para
(b)
the amount and
[Article 13 to be further
5, point (b)
the type of works or
discussed at trilogue]
other subject matter
uploaded by the users of
the services;
250.
Art. 13, para
(c)
the availability
[Article 13 to be further
5, point (c)
and costs
of the measures
discussed at trilogue]
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
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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
Member States shall provide
sharing service providers
that online content sharing
shall provide
service providers shall
rightholders, at their
provide rightholders, at their
request, with adequate
request, with adequate
information on the
information on the
deployment and
functioning of their practices
functioning of these
with regard to
[reference to
measures to allow the
what will be decided on a
assessment of their
possible mitigation
effectiveness, in
mechanism] and, where
particular information
licensing agreements are
on the type of measures
concluded between service
used and, where licensing
providers and rightholders,
agreements are
information on the use of
concluded between
content covered by the
service providers and
agreements.
rightholders, information
[transparency/reporting
on the use of content
obligations provisionally
covered by the
agreed at trilogue
agreements.
03/12/2018; other parts to
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be further discussed at
trilogue]
252.
Art. 13, para
7.
Member States
[Article 13 to be further
7
shall ensure that
the
discussed at trilogue]
measures referred to in
paragraph 4 are
implemented by the
online content sharing
service provider without
prejudice to the
possibility for their users
to benefit from
exceptions or limitations
to copyright. For that
purpose, the service
providers referred to in
paragraph 1
shall put in
place
a complaints and
redress mechanisms that
are
is available to users of
the service in case of
disputes over the
application of the
measures reffered to in
paragraph 1
to their
content. Complaints
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submitted under this
mechanism shall be
processed by the online
content sharing service
provider in cooperation
with relevant
rightholders within a
reasonable period of
time. Rightholders shall
duly justify the reasons
for their requests to
remove or block access to
their specific works or
other subject matter.
Member States shall
endeavour to put in place
independent bodies to
assess complaints related
to the application of the
measures.
[Paragraph 2 of the COM
proposal, amended]
[8.] As of [date of entry into
253.
Art. 13, para
8.
The Commission
force of this directive] the
8
and the Member States
Commission in cooperation
shall encourage
with the Member States shall
stakeholder dialogues to
organise stakeholder
define best practices
for
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the measures referred to
dialogues to discuss best
in point (a) of paragraph
practices for the cooperation
4. Member States shall
between the online content
also endeavour to
sharing service providers and
establish mechanisms to
rightholders. The
facilitate the assessment
Commission shall, in
of the effectiveness and
consultation with online
proportionality of these
content sharing service
measures and provide
providers, rightholders, users
the Commission
associations and other
regularly with
relevant stakeholders and
information on those
taking into account the
mechanisms. The
results of the stakeholder
Commission shall, in
dialogues, issue guidance on
consultation with online
the application of Article 13
content sharing service
in particular regarding
providers, rightholders
cooperation
[ref to exact
and other relevant
para]. When discussing the
stakeholders and taking
best practices, the need to
into account the results
balance the fundamental
of the stakeholder
rights shall be taken into
dialogues and the
account. For the purpose of
national mechanisms,
this stakeholders dialogue,
issue guidance on the
users associations shall have
application of the
access to adequate
measures referred to in
information from online
point (a) of paragraph 4.
content sharing service
providers on the functioning
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[Paragraph 3 of the COM
of their practices with regard
proposal, reworded]
to paragraph
[ref. para on
cooperation].
[provisionally agreed at
trilogue 03/12/2018; with
exact wording provisionally
agreed at TM tbc by
trilogue]
254.
Art. 13a,
Article 13a
title
255.
Art. 13a,
Member States shall
sub-para 1
provide that disputes
between successors in title
and information society
services regarding the
application of Article
13(1) may be subject to an
alternative dispute
resolution system.
256.
Art. 13a,
Member States shall
sub-para 2
establish or designate an
impartial body with the
necessary expertise, with
the aim of helping the
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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
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
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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
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 trilogue]
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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
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.
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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
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,
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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 explicit
remuneration due.
reference to 'merchandising'
as example of a possible
form of covered revenues in
the recitals (see recital
(40a), row 92, and recital
(42), row 95]
[yellow part depending on
solution in Article 14(3)]
269.
Art. 14, para
1a.
Member States
1a.
Member States
1a.
Member States shall
1a
shall ensure that where
shall ensure that where
ensure that where the rights
the licensee or transferee
the rights referred to in
referred to in paragraph 1
of rights of authors and
paragraph 1 have
have subsequently been
performers subsequently
subsequently been
licensed, authors and
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licenses those rights to
licensed to another party,
performers
or their
another party, such party
authors and performers
representatives shall, at their
shall share all
may, at their request,
request, receive
from sub-
information referred to in
receive from those third
licencees additional
paragraph 1 with the
parties additional
information if their first
licensee or transferee.
information if their first
contractual counterpart does
contractual counterpart
not hold all the information
does not hold all the
that would be necessary for
information that would
the purposes of paragraph 1.
be necessary for the
Where this information is
purposes of the
requested, the first
information provision set
contractual counterpart of
out in paragraph 1.
authors and performers
Member States may
shall provide information
provide that such request
on the identity of those sub-
to those third parties is
licensees.
made directly by the
author or performer or
Member States may provide
indirectly through the
that
any such request to
contractual counterpart
those
sub-licensees is made
of the author or the
directly or indirectly through
performer.
the contractual counterpart
of the author or the
performer.
[provisionally agreed at TM
to be confirmed at trilogue]
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270.
Art. 14, para
The main licensee or
Deleted
1a, sub-
transferee shall pass all
[integrated into row 219,
para 2
the information referred
provisionally agreed at TM,
to in the first
to be confirmed at Trilogue]
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
to request that
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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
GREEN
2
paragraph 1 shall be
paragraph 1 shall be
paragraph 1 shall be
2.
The obligation in
proportionate and effective
proportionate and effective
proportionate and effective
paragraph 1 shall be
and shall ensure an
and shall ensure an
and shall ensure an
proportionate and effective
appropriate level of
appropriate
a high level of
appropriate level of
and shall
to ensure an
transparency in every
transparency in every
transparency in every
appropriate
a high level of
sector. However, in those
sector. However, in those
sector. However, in
transparency in every sector.
cases where the
cases where the
those
Member States may
Member States may
administrative burden
administrative burden
provide that in duly
provide that in duly
resulting from the
resulting from the
justified cases where the
justified cases where the
obligation would be
obligation would be
administrative burden
administrative burden
disproportionate in view of
disproportionate in view of
resulting from the
resulting from the obligation
the revenues generated by
the revenues generated by
obligation
in paragraph 1
in paragraph 1 would
the exploitation of the
the exploitation of the
would be
become
be
become disproportionate
work or performance,
work or performance,
disproportionate in view of
in view of the revenues
Member States may adjust
Member States may adjust
the revenues generated by
generated by the exploitation
the obligation in paragraph
the obligation in paragraph
the exploitation of the
of the work or performance,
1, provided that the
1, provided that the
work or performance,
the obligation
is limited to
obligation remains
obligation remains
Member States may adjust
the
types and level of
effective and ensures an
effective and ensures an
the obligation in paragraph
information that can
appropriate level of
appropriate
a high level of
1, provided that
is limited
reasonably be expected in
transparency.
transparency.
to the obligation remains
such cases.
effective
types and ensures
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an appropriate level of
[provisionally agreed at
transparency.
information
Trilogue 26/11/2018]
that can reasonably be
expected in such cases.
272.
Art. 14, para
3.
Member States may
Deleted
3.
Member States may
3.
[
Council: Member
3
decide that the obligation
decide that the obligation
States may decide that the
in paragraph 1 does not
in paragraph 1 does not
obligation in paragraph 1
apply when the
apply when the
does not apply when the
contribution of the author
contribution of the author
contribution of the author or
or performer is not
or performer is not
performer is not significant
significant having regard
significant having regard
having regard to the overall
to the overall work or
to the overall work or
work or performance.]
performance.
performance.
[EP compromise proposal:
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 trilogue]
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273.
Art. 14, para
3a.
Members States
GREEN
3a
may provide that for
3a. Members States may
agreements subject to or
provide that for agreements
based on collective
subject to or based on
bargaining agreements
collective bargaining
the transparency rules of
agreements the
the relevant collective
transparency rules of the
bargaining agreement
relevant collective
are applicable provided
bargaining agreement are
that they meet the
applicable provided that
minimum criteria laid
they are comparable to the
down in the national
obligations / meet the
provisions adopted in
minimum criteria laid down
conformity with the
in the national provisions
requirements of
adopted in conformity with
paragraphs 1 to 3.
the requirements of
paragraphs 1 to 3.
[provisionally agreed at
rilogue 26/11/2018]
274.
Art. 14, para
4.
Paragraph 1 shall
4.
Paragraph 1 shall
4.
Paragraph 1 shall
GREEN
4
not be applicable to entities
not be applicable to entities
not be applicable to
4.
When Article 18 of
subject to the transparency
subject to the transparency
agreements concluded by
Directive 2014/26/EU is
obligations established by
obligations established by
entities subject to the
applicable, the obligation
Directive 2014/26/EU.
Directive 2014/26/EU
or
transparency obligations
laid down in paragraph 1
to collective bargaining
established by
defined in
shall not apply in respect of
agreements, where those
Article 3(a) and (b) of
agreements concluded by
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obligations or agreements
Directive 2014/26/EU.
or
entities defined in Article
provide for transparency
by other entities subject
3(a) and (b) of Directive
requirements comparable
to the national rules
2014/26/EU or by other
to those referred to in
implementing Directive
entities subject to the
paragraph 2.
2014/26/EU.
national rules implementing
Directive 2014/26/EU.
[provisionally agreed at
Trilogue 03/12/2018/,
together with related
wording of recital (41), row
94]
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
GREEN
[para 1
ensure that authors and
ensure
, in the absence of
shall ensure that authors
1. Member States shall
(Council)]
performers are entitled to
collective bargaining
and performers are entitled
ensure,
in the absence of an
request additional,
agreements providing for
to request additional,
applicable collective
appropriate remuneration
a comparable mechanism,
appropriate remuneration
bargaining agreement
from the party with whom
that authors and
from the party with whom
providing for a comparable
they entered into a contract
performers
or any
they entered into a contract
mechanism, that authors and
for the exploitation of the
representative
for the exploitation of the
performers
or their
rights when the
organisation acting on
rights
or their successors
representatives are entitled
remuneration originally
their behalf are entitled to
in title, when the
to
claim additional,
agreed is
request
claim additional
,
remuneration originally
appropriate
and fair
disproportionately low
appropriate
and fair
agreed is
turns out to be
remuneration from the party
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compared to the
remuneration from the
disproportionately low
with whom they entered into
subsequent relevant
party with whom they
compared to the
a contract for the
revenues and benefits
entered into a contract for
subsequent relevant
exploitation of the rights or
derived from the
the exploitation of the
revenues and benefits
their successors in title,
exploitation of the works
rights when the
derived from the
actual
when the remuneration
or performances.
remuneration originally
exploitation of the works
originally agreed turns out to
agreed is
or performances.
be disproportionately low
disproportionately low
compared to
all the
compared to the
subsequent relevant revenues
subsequent relevant
direct
and derived from the
or indirect revenues and
exploitation of the works or
benefits derived from the
performances.
exploitation of the works
[provisionally agreed at
or performances.
Trilogue 03/12/2018; as to
[See Council’s Article
revenues, see comment on
15(1a) (row277)]
Article 14(1), row 268]
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
bargaining agreements
trilogue 03/12/2018]
the rules of the relevant
collective bargaining
agreement for the
adjustment of
remuneration are
applicable instead of the
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national provisions
implementing the
contract adjustment
mechanism.
278.
Art. 15, para
2.
Paragraph 1 shall
2.
Paragraph 1 shall not
2
not be applicable to
be applicable to agreements
agreements concluded by
concluded by entities defined
entities defined in Article
in Article 3(a) and (b) of
3(a) and (b) of Directive
Directive 2014/26/EU or by
2014/26/EU or by other
other entities
which are
entities subject to the
already subject to the
national rules
national rules implementing
implementing Directive
Directive 2014/26/EU.
2014/26/EU.
[provisionally agreed at TM
to be confirmed at trilogue]
279.
Art. 16, title
Article 16
Article 16
Article 16
GREEN
Dispute resolution
Dispute resolution
Dispute resolution
Article 16
mechanism
mechanism
mechanismprocedure
Dispute resolution
procedure
[provisionally agreed at
Trilogue 26/11/2018]
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280.
Art. 16,
Member States shall
Member States shall
1.
Member States
GREEN
[para 1
provide that disputes
provide that disputes
shall provide that disputes
Member States shall provide
(Council)]
concerning the
concerning the
concerning the
that disputes concerning the
transparency obligation
transparency obligation
transparency obligation
transparency obligation
under Article 14 and the
under Article 14 and the
under Article 14 and the
under Article 14 and the
contract adjustment
contract adjustment
contract adjustment
contract adjustment
mechanism under Article
mechanism under Article
mechanism under Article
mechanism under Article 15
15 may be submitted to a
15 may be submitted to a
15 may be submitted to a
may be submitted to a
voluntary, alternative
voluntary, alternative
voluntary, alternative
voluntary, alternative dispute
dispute resolution
dispute resolution
dispute resolution
resolution procedure.
procedure.
procedure.
Member States
procedure.
Member States shall ensure
shall ensure that
that representative
representative
organisations of authors
organisations of authors
and performers may initiate
and performers may
such procedures at the
initiate such procedures at
specific request of one or
the request of one or more
more authors and
authors and performers.
performers.
[See Council’s Article
16(2) (row 281)]
[provisionally agreed at
Trilogue 26/11/2018]
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
and performers,
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including collective
[provisionally agreed at
management
Trilogue 26/11/2018]
organisations, may
initiate such disputes on
behalf of one or more
authors and performers
at their request.
282.
Art. 16a
Article 16a
GREEN
(Council),
Contractual provisions
Article 16a
title
Contractual Common
provisions
[provisionally agreed at
Trilogue 26/11/2018]
283.
Art. 16a
Member States shall
GREEN
(Council)
ensure that any
Member States shall
contractual provision
ensure that any contractual
which prevents the
provision which prevents
compliance with the
the compliance with the
provisions in Articles 14
provisions in Articles 14
and 15 of this Directive
and 15 of this Chapter(*)
shall be unenforceable in
Directive shall be
relation to authors and
unenforceable in relation
performers.
to authors and performers.
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[(*) 'Chapter' refers to
Articles 14,15 and 16, ie the
provisions of the initial
Commission proposal; see
also recital (43a), row 99]
[provisionally agreed at
Trilogue 26/11/2018]
284.
Art. 16a
Article 16 a
[Article 16a to be further
(EP), title
discussed at trilogue]
Right of revocation
285.
Art. 16a
1.
Member States
(EP),
shall ensure that where an
para 1
author or a performer has
licensed or transferred her
or his rights concerning a
work or other protected
subject-matter on an
exclusive basis, the author
or performer has a right
of revocation where there
is an absence of
exploitation of the work or
other protected subject
matter or where there is a
continuous lack of regular
reporting in accordance
with Article 14. Member
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States may provide for
specific provisions taking
into account the
specificities of different
sectors and works and
anticipated exploitation
period, notably provide for
time limits for the right of
revocation.
286.
Art. 16a
2.
The right of
(EP),
revocation provided for in
para 2
paragraph 1 may be
exercised only after a
reasonable time from the
conclusion of the licence
or transfer agreement,
and only upon written
notification setting an
appropriate deadline by
which the exploitation of
the licensed or transferred
rights is to take place.
After the expiration of
that deadline, the author
or performer may choose
to terminate the
exclusivity of the contract
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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
can be reasonably
expected to remedy.
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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:
293.
Art. 17, para
"(b) where there is use
"(b) where there is use
"(b) where there is use
GREEN
1, point (a)
for the sole purpose of
for the sole purpose of
for the sole purpose of
"(b) where there is use for
illustration for teaching
illustration for
illustration for teaching
the sole purpose of
or scientific research, as
teaching or scientific
or scientific research, as
illustration for teaching or
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long as the source is
research, as long as the
long as the source is
scientific research, as
indicated and to the
source is indicated and
indicated and to the
long as the source is
extent justified by the
to the extent justified
extent justified by the
indicated and to the
non-commercial
by the non-
non-commercial
extent justified by the
purpose to be achieved,
commercial purpose to
purpose to be achieved,
non-commercial purpose
without prejudice to the
be achieved, without
without prejudice to the
to be achieved, without
exceptions and the
prejudice to the
exceptions and the
prejudice to the
limitation provided for
exceptions and the
limitation provided for
exceptions and the
in Directive [this
limitation provided for
in
Articles 3 and 4 of
limitation provided for in
Directive];"
in Directive [this
Directive [this
Articles 3 and 4 of
Directive];"
Directive];"
Directive [this
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
GREEN
1, point (b)
extraction for the
extraction for the
extraction for the
"(b) in the case of extraction for
purposes of illustration
purposes of illustration
purposes of illustration
the purposes of illustration for
for teaching or
for teaching or scientific
for teaching or
teaching or scientific research,
scientific research, as
research, as long as the
scientific research, as
as long as the source is
long as the source is
source is indicated and
long as the source is
indicated and to the extent
indicated and to the
to the extent justified by
indicated and to the
justified by the non-commercial
extent justified by the
the non-commercial
extent justified by the
purpose to be achieved, without
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non-commercial
purpose to be achieved,
non-commercial
prejudice to the exceptions and
purpose to be achieved,
without prejudice to the
purpose to be achieved,
the limitation provided for in
without prejudice to the
exceptions and the
without prejudice to the
Articles 3 and 4 of Directive
exceptions and the
limitation provided for
exceptions and the
[this Directive];"
limitation provided for
in Directive [this
limitation provided for
[provisionally agreed at
in Directive [this
Directive];"
in
Articles 3 and 4 of
technical meeting of
Directive];"
Directive [this
13.11.2018]
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
GREEN
para 2,
acts of reproduction
specific acts of
specific acts of
"(c) in respect of specific
point (a)
made by publicly
reproduction made by
reproduction made by
acts of reproduction made
accessible libraries,
publicly accessible
publicly accessible
by publicly accessible
educational
libraries, educational
libraries, educational
libraries, educational
establishments or
establishments or
establishments or
establishments or
museums, or by archives,
museums, or by
museums, or by
museums, or by archives,
which are not for direct
archives, which are not
archives, which are not
which are not for direct or
or indirect economic or
for direct or indirect
for direct or indirect
indirect economic or
commercial advantage,
economic or
economic or
commercial advantage,
without prejudice to the
commercial advantage,
commercial advantage,
without prejudice to the
exceptions and the
without prejudice to the
without prejudice to the
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limitation provided for in
exceptions and the
exceptions and the
exception and the
Directive [this
limitation provided for
limitation
exception
limitations provided for
Directive];"
in Directive [this
provided for in
Article
in
Article 5 of Directive
Directive];"
5 of Directive [this
[this Directive];"
Directive];"
[provisionally agreed at
technical meeting of
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
GREEN
para 2,
purpose of illustration for
purpose of illustration for
purpose of illustration
"(a) use for the sole
point (b)
teaching or scientific
teaching or scientific
for teaching or
purpose of illustration for
research, as long as the
research, as long as the
scientific research, as
teaching or scientific
source, including the
source, including the
long as the source,
research, as long as the
author's name, is
author's name, is
including the author's
source, including the
indicated, unless this
indicated, unless this
name, is indicated,
author's name, is
turns out to be
turns out to be impossible
unless this turns out to
indicated, unless this
impossible and to the
and to the extent justified
be impossible and to the
turns out to be impossible
extent justified by the
by the non-commercial
extent justified by the
and to the extent justified
non-commercial purpose
purpose to be achieved,
non-commercial
by the non-commercial
to be achieved, without
without prejudice to the
purpose to be achieved,
purpose to be achieved,
prejudice to the
exceptions and the
without prejudice to the
without prejudice to the
exceptions and the
limitation provided for in
exceptions and the
exceptions and the
limitation provided for in
Directive [this
limitation provided for
limitation provided for in
Directive];"
in
Articles 3 and 4 of
Articles 3 and 4 of
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Directive [this
Directive [this
Directive [this
Directive];"
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
implement Directive [this
Member States to
Member States to
Member States to
Directive];
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implement Directive [this
implement Directive [this
implement 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
GREEN
title
Article 17 a
306.
Art. 17a
Member States may adopt
GREEN
or maintain in force
Member States may adopt or
broader provisions,
maintain in force broader
compatible with the
provisions, compatible with
exceptions and limitations
the
exceptions
and
existing in Union law, for
limitations
set
out
in
uses covered by the
Directives
96/9/EC
and
exceptions or the
2001/29/EC, for uses
or
limitation provided for in
fields
covered
by
the
this Directive.
exceptions or limitations
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
/26/11/2018; 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
mentioned in Article
21(1)].
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310.
Art. 18, para
3.
This Directive shall
3.
This Directive shall
3.
This Directive shall
3.
This Directive shall
3
apply without prejudice to
apply without prejudice to
apply without prejudice to
apply without prejudice to
any acts concluded and
any acts concluded and
any acts concluded and
any acts concluded and
rights acquired before [the
rights acquired before [the
rights acquired before [the
rights acquired before [the
date mentioned in Article
date mentioned in Article
date mentioned in Article
date mentioned in Article
21(1)].
21(1)].
21(1)].
21(1)].
311.
Art. 19, title
Article 19
Article 19
Article 19
Article 19
Transitional provision
Transitional provision
Transitional provision
Transitional provision
312.
Art. 19
Agreements for the licence
Agreements for the licence
Agreements for the licence
Agreements for the licence
or transfer of rights of
or transfer of rights of
or transfer of rights of
or transfer of rights of
authors and performers
authors and performers
authors and performers
authors and performers shall
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
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
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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
Article 21
Transposition
Transposition
Transposition
Transposition
316.
Art. 21, para
1.
Member States
1.
Member States
1.
Member States
1.
Member States shall
1
shall bring into force the
shall bring into force the
shall bring into force the
bring into force the laws,
laws, regulations and
laws, regulations and
laws, regulations and
regulations and
administrative provisions
administrative provisions
administrative provisions
administrative provisions
necessary to comply with
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
this Directive by [
[12][24]
months after entry into
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
force] at the latest. They
shall forthwith
shall forthwith
shall forthwith
shall forthwith communicate
communicate to the
communicate to the
communicate to the
to the Commission the text
Commission the text of
Commission the text of
Commission the text of
of those provisions.
those provisions.
those provisions.
those provisions.
317.
Art. 21, para
When Member States
When Member States
When Member States
When Member States adopt
1, sub-
adopt those provisions,
adopt those provisions,
adopt those provisions,
those provisions, they shall
para 2
they shall contain a
they shall contain a
they shall contain a
contain a reference to this
reference to this Directive
reference to this Directive
reference to this Directive
Directive or be accompanied
or be accompanied by such
or be accompanied by such
or be accompanied by such
by such a reference on the
a reference on the occasion
a reference on the occasion
a reference on the occasion
occasion of their official
of their official
of their official
of their official
publication. Member States
publication. Member
publication. Member
publication. Member
States shall determine how
States shall determine how
States shall determine how
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such reference is to be
such reference is to be
such reference is to be
shall determine how such
made.
made.
made.
reference is to be made.
318.
Art. 21, para
2.
Member States
2.
Member States
2.
Member States
2.
Member States shall
2
shall communicate to the
shall communicate to the
shall communicate to the
communicate to the
Commission the text of 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
main provisions of national
law which they adopt in
law which they adopt in
law which they adopt in
law which they adopt in the
the field covered by this
the field covered by this
the field covered by this
field covered by this
Directive.
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
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.
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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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