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
- 1 Article 5 Use of works and other subject matter in digital and cross-border teaching activities
- 3 Article 24 Amendments to Directives 96/9/EC and 2001/29/EC
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
- article 15
- //ec 11
- directive 11
- purpose 8
- educational 7
- teaching 7
- extent 5
- provided 5
- works 5
- states 5
- market 5
- paragraph 5
- matter 5
- subject 5
- illustration 5
- parliament 4
- achieved 4
- non-commercial 4
- justified 4
- without 4
- limitations 4
- sole 4
- replaced 4
- digital 4
- european 4
- following: 4
- prejudice 4
- point 4
- exceptions 4
- source 4
- member 4
- directives 3
- /’ 3
- establishments 3
- acts 3
- scientific 3
- research 3
- long 3
- pursuant 3
- indicated 3
- shall 3
- provide 3
- rights 3
- establishment 3
- secure 2
- related 2
- referred 2
- electronic 2
- available 2
- measures 2
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.
Article 24
Amendments to Directives 96/9/EC and 2001/29/EC
1. Directive 96/9/EC is amended as follows:
| (a) | In Article 6(2), point (b) is replaced by the following:
(*1) Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (OJ L 130, 17.5.2019, p. 92).’." |
| (b) | In Article 9, point (b) is replaced by the following:
|
2. Directive 2001/29/EC is amended as follows:
| (a) | In Article 5(2), point (c) is replaced by the following:
(*2) Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (OJ L 130, 17.5.2019, p. 92).’." |
| (b) | In Article 5(3), point (a) is replaced by the following:
|
| (c) | In Article 12(4), the following points are added:
|
whereas