Diritto d'autore 2019/0790 EN

(4) Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (OJ L 77, 27.3.1996, p. 20).

(5) Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information_society_services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) (OJ L 178, 17.7.2000, p. 1).

(6) Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ L 167, 22.6.2001, p. 10).

(7) Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property (OJ L 376, 27.12.2006, p. 28).

(8) Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs (OJ L 111, 5.5.2009, p. 16).

(9) Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works (OJ L 299, 27.10.2012, p. 5).

(10) Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market (OJ L 84, 20.3.2014, p. 72).

(11) Regulation (EU) No 386/2012 of the European Parliament and of the Council of 19 April 2012 on entrusting the Office for Harmonization in the Internal Market (Trade Marks and Designs) with tasks related to the enforcement of intellectual property rights, including the assembling of public and private-sector representatives as a European Observatory on Infringements of Intellectual Property Rights (OJ L 129, 16.5.2012, p. 1).

(12) Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission (OJ L 248, 6.10.1993, p. 15).

(13) Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).

(14) Directive (EU) 2018/1972 of the European Parliament and of the Council of 11 December 2018 establishing the European Electronic Communications Code (OJ L 321, 17.12.2018, p. 36).

(15) Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37).

(16) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).

(17) Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ L 177, 4.7.2008, p. 6).

(18) OJ C 369, 17.12.2011, p. 14.

(19) Directive (EU) 2017/1564 of the European Parliament and of the Council of 13 September 2017 on certain permitted uses of certain works and other subject matter protected by copyright and related rights for the benefit of persons who are blind, visually impaired or otherwise print-disabled and amending Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society (OJ L 242, 20.9.2017, p. 6).

(20) Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).

whereas

(1) The Treaty on European Union (TEU) provides for the establishment of a...

(2) The directives that have been adopted in the area of copyright and rel...

(3) Rapid technological developments continue to transform the way works a...

(4) This Directive is based upon, and complements, the rules laid down in ...

(5) In the fields of research, innovation, education and preservation of c...

(6) The exceptions and limitations provided for in this Directive seek to ...

(7) The protection of technological measures established in Directive 2001...

(8) New technologies enable the automated computational analysis of inform...

(9) Text and data mining can also be carried out in relation to mere facts...

(10) Union law provides for certain exceptions and limitations covering use...

(11) The legal uncertainty concerning text_and_data_mining should be addres...

(12) Research organisations across the Union encompass a wide variety of en...

(13) Cultural heritage institutions should be understood as covering public...

(14) Research organisations and cultural_heritage_institutions, including t...

(15) Research organisations and cultural_heritage_institutions could in cer...

(16) In view of a potentially high number of access requests to, and downlo...

(17) In view of the nature and scope of the exception, which is limited to ...

(18) In addition to their significance in the context of scientific researc...

(19) Article 5(3)(a) of Directive 2001/29/EC allows Member States to introd...

(20) While distance learning and cross-border education programmes are most...

(21) The exception or limitation provided for in this Directive for the sol...

(22) The use of works or other subject matter under the exception or limita...

(23) Different arrangements, based on the implementation of the exception o...

(24) Member States should remain free to provide that rightholders receive ...

(25) Cultural heritage institutions are engaged in the preservation of thei...

(26) The existence of different approaches in the Member States with regard...

(27) Member States should, therefore, be required to provide for an excepti...

(28) Cultural heritage institutions do not necessarily have the technical m...

(29) For the purposes of this Directive, works and other subject matter sho...

(30) Cultural heritage institutions should benefit from a clear framework f...

(31) All Member States should have legal mechanisms in place allowing licen...

(32) The provisions on collective licensing of out-of-commerce works or oth...

(33) Member States should, within the framework provided for in this Direct...

(34) For the purpose of those licensing mechanisms, a rigorous and well-fun...

(35) Appropriate safeguards should be available for all rightholders, who s...

(36) This Directive does not affect the ability of Member States to decide ...

(37) Considering the variety of works and other subject matter in the colle...

(38) When determining whether works or other subject matter are out of comm...

(39) For reasons of international comity, the licensing mechanism and the e...

(40) Contracting cultural_heritage_institutions and collective management o...

(41) Information regarding the ongoing and future use of out-of-commerce wo...

(42) In order to ensure that the licensing mechanisms established by this D...

(43) The measures provided for in this Directive to facilitate the collecti...

(44) Mechanisms of collective licensing with an extended effect allow a col...

(45) Given the nature of some uses, together with the usually large amount ...

(46) Given the increasing importance of the ability to offer flexible licen...

(47) It is important that mechanisms of collective licensing with an extend...

(48) Member States should ensure that appropriate safeguards are in place t...

(49) Member States should ensure that the purpose and scope of any licence ...

(50) Given the different traditions and experiences in relation to mechanis...

(51) Video-on-demand services have the potential to play a decisive role in...

(52) To facilitate the licensing of rights in audiovisual works to video-on...

(53) The expiry of the term of protection of a work entails the entry of th...

(54) A free and pluralist press is essential to ensure quality journalism a...

(55) The organisational and financial contribution of publishers in produci...

(56) For the purposes of this Directive, it is necessary to define the conc...

(57) The rights granted to the publishers of press_publications under this ...

(58) The use of press_publications by information_society_service providers...

(59) The protection granted to publishers of press_publications under this ...

(60) Publishers, including those of press_publications, books or scientific...

(61) In recent years, the functioning of the online content market has gain...

(62) Certain information_society_services, as part of their normal use, are...

(63) The assessment of whether an online_content-sharing_service_provider s...

(64) It is appropriate to clarify in this Directive that online content-sha...

(65) When online_content-sharing_service_providers are liable for acts of c...

(66) Taking into account the fact that online content-sharing service provi...

(67) Similar to Article 16(2) of Directive 2014/26/EU, this Directive provi...

(68) Online content-sharing service providers should be transparent with ri...

(69) Where online_content-sharing_service_providers obtain authorisations, ...

(70) The steps taken by online_content-sharing_service_providers in coopera...

(71) As soon as possible after the date of entry into force of this Directi...

(72) Authors and performers tend to be in the weaker contractual position w...

(73) The remuneration of authors and performers should be appropriate and p...

(74) Authors and performers need information to assess the economic value o...

(75) As authors and performers tend to be in the weaker contractual positio...

(76) In order to ensure that exploitation-related information is duly provi...

(77) When implementing the transparency obligation provided for in this Dir...

(78) Certain contracts for the exploitation of rights harmonised at Union l...

(79) Authors and performers are often reluctant to enforce their rights aga...

(80) When authors and performers license or transfer their rights, they exp...

(81) The provisions regarding transparency, contract adjustment mechanisms ...

(82) Nothing in this Directive should be interpreted as preventing holders ...

(83) Since the objective of this Directive, namely the modernisation of cer...

(84) This Directive respects the fundamental rights and observes the princi...

(85) Any processing of personal data under this Directive should respect fu...

(86) In accordance with the Joint Political Declaration of 28 September 20...

keyboard_tab Diritto d'autore 2019/0790 EN

Diritto d'autore 2019/0790 EN