keyboard_tab Diritto d'autore 2019/0790 EN
BG CS DA DE EL EN ES ET FI FR GA HR HU IT LV LT MT NL PL PT RO SK SL SV print pdf
- Article 1 Subject matter and scope
- Article 2 Definitions
- Article 3 Text and data mining for the purposes of scientific research
- Article 4 Exception or limitation for text and data mining
- Article 5 Use of works and other subject matter in digital and cross-border teaching activities
- Article 6 Preservation of cultural heritage
- Article 7 Common provisions
- Article 8 Use of out-of-commerce works and other subject matter by cultural heritage institutions
- Article 9 Cross-border uses
- Article 10 Publicity measures
- Article 11 Stakeholder dialogue
- Article 12 Collective licensing with an extended effect
- Article 13 Negotiation mechanism
- Article 14 Works of visual art in the public domain
- Article 15 Protection of press publications concerning online uses
- Article 16 Claims to fair compensation
- Article 17 Use of protected content by online content-sharing service providers
- Article 18 Principle of appropriate and proportionate remuneration
- Article 19 Transparency obligation
- Article 20 Contract adjustment mechanism
- Article 21 Alternative dispute resolution procedure
- Article 22 Right of revocation
- Article 23 Common provisions
- Article 24 Amendments to Directives 96/9/EC and 2001/29/EC
- Article 25 Relationship with exceptions and limitations provided for in other directives
- Article 26 Application in time
- Article 27 Transitional provision
- Article 28 Protection of personal data
- Article 29 Transposition
- Article 30 Review
- Article 31 Entry into force
- Article 32 Addressees
TITLE I
GENERAL PROVISIONS
TITLE II
MEASURES TO ADAPT EXCEPTIONS AND LIMITATIONS TO THE DIGITAL AND CROSS-BORDER ENVIRONMENT
TITLE III
MEASURES TO IMPROVE LICENSING PRACTICES AND ENSURE WIDER ACCESS TO CONTENT
CHAPTER 1
Out-of-commerce works and other subject matter
CHAPTER 2
Measures to facilitate collective licensing
CHAPTER 3
Access to and availability of audiovisual works on video-on-demand platforms
CHAPTER 4
Works of visual art in the public domain
TITLE IV
MEASURES TO ACHIEVE A WELL-FUNCTIONING MARKETPLACE FOR COPYRIGHT
CHAPTER 1
Rights in publications
CHAPTER 2
Certain uses of protected content by online services
CHAPTER 3
Fair remuneration in exploitation contracts of authors and performers
TITLE V
FINAL PROVISIONS
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- licensing 14
- rightholders 13
- article 12
- shall 10
- subject 9
- organisation 8
- works 7
- collective 7
- about 7
- mechanism 6
- accordance 6
- matter 5
- paragraph 5
- licence 5
- including 5
- member 5
- management 5
- national 4
- provisions 4
- state 4
- referred 4
- from 4
- such 4
- information 3
- authorised 3
- have 3
- rights 3
- apply 3
- agreement 3
- licences 3
- extended 3
- effect 3
- mechanisms 3
- commission 3
- states 3
- directive 3
- inform 3
- relevant 2
- types 2
- available 2
- purposes 2
- options 2
- union 2
- which 2
- established 2
- under 2
- granting 2
- contact 2
- measures 2
- publicity 2
Article 12
Collective licensing with an extended effect
1. Member States may provide, as far as the use on their territory is concerned and subject to the safeguards provided for in this Article, that where a collective management organisation that is subject to the national rules implementing Directive 2014/26/EU, in accordance with its mandates from rightholders, enters into a licensing agreement for the exploitation of works or other subject matter:
(a) | such an agreement can be extended to apply to the rights of rightholders who have not authorised that collective management organisation to represent them by way of assignment, licence or any other contractual arrangement; or |
(b) | with respect to such an agreement, the organisation has a legal mandate or is presumed to represent rightholders who have not authorised the organisation accordingly. |
2. Member States shall ensure that the licensing mechanism referred to in paragraph 1 is only applied within well-defined areas of use, where obtaining authorisations from rightholders on an individual basis is typically onerous and impractical to a degree that makes the required licensing transaction unlikely, due to the nature of the use or of the types of works or other subject matter concerned, and shall ensure that such licensing mechanism safeguards the legitimate interests of rightholders.
3. For the purposes of paragraph 1, Member States shall provide for the following safeguards:
(a) | the collective management organisation is, on the basis of its mandates, sufficiently representative of rightholders in the relevant type of works or other subject matter and of the rights which are the subject of the licence, for the relevant Member State; |
(b) | all rightholders are guaranteed equal treatment, including in relation to the terms of the licence; |
(c) | rightholders who have not authorised the organisation granting the licence may at any time easily and effectively exclude their works or other subject matter from the licensing mechanism established in accordance with this Article; and |
(d) | appropriate publicity measures are taken, starting from a reasonable period before the works or other subject matter are used under the licence, to inform rightholders about the ability of the collective management organisation to license works or other subject matter, about the licensing taking place in accordance with this Article and about the options available to rightholders as referred to in point (c). Publicity measures shall be effective without the need to inform each rightholder individually. |
4. This Article does not affect the application of collective licensing mechanisms with an extended effect in accordance with other provisions of Union law, including provisions that allow exceptions or limitations.
This Article shall not apply to mandatory collective management of rights.
Article 7 of Directive 2014/26/EU shall apply to the licensing mechanism provided for in this Article.
5. Where a Member State provides in its national law for a licensing mechanism in accordance with this Article, that Member State shall inform the Commission about the scope of the corresponding national provisions, about the purposes and types of licences that may be introduced under those provisions, about the contact details of organisations issuing licences in accordance with that licensing mechanism, and about the means by which information on the licensing and on the options available to rightholders as referred to in point (c) of paragraph 3 can be obtained. The Commission shall publish that information.
6. Based on the information received pursuant to paragraph 5 of this Article and on the discussions within the contact committee established in Article 12(3) of Directive 2001/29/EC, the Commission shall, by 10 April 2021, submit to the European Parliament and to the Council a report on the use in the Union of the licensing mechanisms referred to in paragraph 1 of this Article, their impact on licensing and rightholders, including rightholders who are not members of the organisation granting the licences or who are nationals of, or resident in, another Member State, their effectiveness in facilitating the dissemination of cultural content, and their impact on the internal market, including the cross-border provision of services and competition. That report shall be accompanied, if appropriate, by a legislative proposal, including as regards the cross-border effect of such national mechanisms.
CHAPTER 3
Access to and availability of audiovisual works on video-on-demand platforms
whereas