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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- subject 16
- works 15
- matter 15
- shall 10
- paragraph 9
- article 7
- rightholders 6
- states 6
- provide 6
- collective 6
- management 6
- organisation 6
- third 5
- licence 5
- country 5
- from 5
- available 5
- member 5
- reasonable 5
- after 4
- out-of-commerce 4
- such 4
- directive 4
- provided 4
- exception 4
- commerce 4
- limitation 4
- public 4
- first 3
- effort 3
- whether 3
- determine 3
- member 3
- condition 3
- non-commercial 3
- //ec 3
- representative 3
- state 2
- audiovisual 2
- cinematographic 2
- sets 2
- made 2
- whole 2
- referred 2
- which 2
- point 2
- mandates 2
- requirements 2
- work 2
- accordance 2
Article 8
Use of out-of-commerce works and other subject matter by cultural_heritage_institutions
1. Member States shall provide that a collective management organisation, in accordance with its mandates from rightholders, may conclude a non-exclusive licence for non-commercial purposes with a cultural_heritage_institution for the reproduction, distribution, communication to the public or making available to the public of out-of-commerce works or other subject matter that are permanently in the collection of the institution, irrespective of whether all rightholders covered by the licence have mandated the collective management organisation, on condition that:
(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 that are the subject of the licence; and |
(b) | all rightholders are guaranteed equal treatment in relation to the terms of the licence. |
2. 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 cultural_heritage_institutions to make available, for non-commercial purposes, out-of-commerce works or other subject matter that are permanently in their collections, on condition that:
(a) | the name of the author or any other identifiable rightholder is indicated, unless this turns out to be impossible; and |
(b) | such works or other subject matter are made available on non-commercial websites. |
3. Member States shall provide that the exception or limitation provided for in paragraph 2 only applies to types of works or other subject matter for which no collective management organisation that fulfils the condition set out in point (a) of paragraph 1 exists.
4. Member States shall provide that all rightholders may, at any time, easily and effectively, exclude their works or other subject matter from the licensing mechanism set out in paragraph 1 or from the application of the exception or limitation provided for in paragraph 2, either in general or in specific cases, including after the conclusion of a licence or after the beginning of the use concerned.
5. A work or other subject matter shall be deemed to be out of commerce when it can be presumed in good faith that the whole work or other subject matter is not available to the public through customary channels of commerce, after a reasonable effort has been made to determine whether it is available to the public.
Member States may provide for specific requirements, such as a cut-off date, to determine whether works and other subject matter can be licensed in accordance with paragraph 1 or used under the exception or limitation provided for in paragraph 2. Such requirements shall not extend beyond what is necessary and reasonable, and shall not preclude being able to determine that a set of works or other subject matter as a whole is out of commerce, when it is reasonable to presume that all works or other subject matter are out of commerce.
6. Member States shall provide that the licences referred to in paragraph 1 are to be sought from a collective management organisation that is representative for the Member State where the cultural_heritage_institution is established.
7. This Article shall not apply to sets of out-of-commerce works or other subject matter if, on the basis of the reasonable effort referred to in paragraph 5, there is evidence that such sets predominantly consist of:
(a) | works or other subject matter, other than cinematographic or audiovisual works, first published or, in the absence of publication, first broadcast in a third country; |
(b) | cinematographic or audiovisual works, of which the producers have their headquarters or habitual residence in a third country; or |
(c) | works or other subject matter of third country nationals, where after a reasonable effort no Member State or third country could be determined pursuant to points (a) and (b). |
By way of derogation from the first subparagraph, this Article shall apply where the collective management organisation is sufficiently representative, within the meaning of point (a) of paragraph 1, of rightholders of the relevant third country.
whereas