Diritto d'autore 2019/0790 EN

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2019/0790 EN Art. 7 . Output generated live by software developed by IusOnDemand srl

index :

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

whereas :

definitions:

research organisation

text and data mining

cultural heritage institution

press publication

information society service

online content-sharing service provider

cloud tag:

and the number of total unique words without stopwords is: 36

Article 7

Common provisions

1. Any contractual provision contrary to the exceptions provided for in Articles 3, 5 and 6 shall be unenforceable.

2. Article 5(5) of Directive 2001/29/EC shall apply to the exceptions and limitations provided for under this Title. The first, third and fifth subparagraphs of Article 6(4) of Directive 2001/29/EC shall apply to Articles 3 to 6 of this Directive.

TITLE III

MEASURES TO IMPROVE LICENSING PRACTICES AND ENSURE WIDER ACCESS TO CONTENT

CHAPTER 1

Out-of-commerce works and other subject matter

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 title='definition'>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 title='definition'>cultural_heritage_institutions, including t...

(15) Research organisations and title='definition'>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 title='definition'>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 title='definition'>press_publications under this ...

(58) The use of title='definition'>press_publications by title='definition'>information_society_service providers...

(59) The protection granted to publishers of title='definition'>press_publications under this ...

(60) Publishers, including those of title='definition'>press_publications, books or scientific...

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

(62) Certain title='definition'>information_society_services, as part of their normal use, are...

(63) The assessment of whether an title='definition'>online_content-sharing_service_provider s...

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

(65) When title='definition'>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 title='definition'>online_content-sharing_service_providers obtain authorisations, ...

(70) The steps taken by title='definition'>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...