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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- article 9
- educational 6
- subject 5
- matter 5
- works 5
- paragraph 5
- teaching 4
- states 4
- directive 4
- purpose 3
- //ec 3
- member 3
- pursuant 3
- provide 3
- shall 3
- establishment 3
- adopted 2
- authorising 2
- does 2
- acts 2
- apply 2
- referred 2
- establishments 2
- licences 2
- available 2
- electronic 2
- secure 2
- through 2
- market 2
- such 2
- member 2
- illustration 2
- extent 2
- sole 2
- exception 2
- limitation 2
- digital 2
- fair 1
- compensation 1
- suitable 1
- established 1
- music 1
- state 1
- solely 1
- occur 1
- deemed 1
- covering 1
- needs 1
- sheet 1
- specificities 1
Article 5
Use of works and other subject matter in digital and cross-border teaching activities
1. Member States shall provide for an exception or limitation to the rights provided for in Article 5(a), (b), (d) and (e) and Article 7(1) of Directive 96/9/EC, Articles 2 and 3 of Directive 2001/29/EC, Article 4(1) of Directive 2009/24/EC and Article 15(1) of this Directive in order to allow the digital use of works and other subject matter for the sole purpose of illustration for teaching, to the extent justified by the non-commercial purpose to be achieved, on condition that such use:
(a) | takes place under the responsibility of an educational establishment, on its premises or at other venues, or through a secure electronic environment accessible only by the educational establishment's pupils or students and teaching staff; and |
(b) | is accompanied by the indication of the source, including the author's name, unless this turns out to be impossible. |
2. Notwithstanding Article 7(1), Member States may provide that the exception or limitation adopted pursuant to paragraph 1 does not apply or does not apply as regards specific uses or types of works or other subject matter, such as material that is primarily intended for the educational market or sheet music, to the extent that suitable licences authorising the acts referred to in paragraph 1 of this Article and covering the needs and specificities of educational establishments are easily available on the market.
Member States that decide to avail of the first subparagraph of this paragraph shall take the necessary measures to ensure that the licences authorising the acts referred to in paragraph 1 of this Article are available and visible in an appropriate manner for educational establishments.
3. The use of works and other subject matter for the sole purpose of illustration for teaching through secure electronic environments undertaken in compliance with the provisions of national law adopted pursuant to this Article shall be deemed to occur solely in the Member State where the educational establishment is established.
4. Member States may provide for fair compensation for rightholders for the use of their works or other subject matter pursuant to paragraph 1.
whereas