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
- 2 Article 2 Definitions
- 1 Article 13 Negotiation mechanism
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
- scientific 7
- such 6
- means 6
- which 5
- purposes 5
- directive 5
- works 5
- member 5
- services 5
- article 4
- public 4
- research 4
- shall 4
- within 3
- purpose 3
- not-for-profit 3
- information 3
- parties 3
- mediators 3
- body 3
- states 3
- cloud 2
- assistance 2
- commission 2
- include 2
- subject 2
- matter 2
- under 2
- title 2
- impartial 2
- general 2
- rely 2
- related 2
- definitions 2
- service 2
- provider 2
- meaning 2
- available 2
- main 2
- users 2
- digital 2
- online 2
- source 2
- providers 2
- published 2
- also 2
- access 2
- conduct 2
- interest 2
- state 2
Article 2
Definitions
For the purposes of this Directive, the following definitions apply:
(1) | ‘ research_organisation’ means a university, including its libraries, a research institute or any other entity, the primary goal of which is to conduct scientific research or to carry out educational activities involving also the conduct of scientific research:
in such a way that the access to the results generated by such scientific research cannot be enjoyed on a preferential basis by an undertaking that exercises a decisive influence upon such organisation; |
(2) | ‘ text_and_data_mining’ means any automated analytical technique aimed at analysing text and data in digital form in order to generate information which includes but is not limited to patterns, trends and correlations; |
(3) | ‘ cultural_heritage_institution’ means a publicly accessible library or museum, an archive or a film or audio heritage institution; |
(4) | ‘ press_publication’ means a collection composed mainly of literary works of a journalistic nature, but which can also include other works or other subject matter, and which:
Periodicals that are published for scientific or academic purposes, such as scientific journals, are not press_publications for the purposes of this Directive; |
(5) | ‘ information_society_service’ means a service within the meaning of point (b) of Article 1(1) of Directive (EU) 2015/1535; |
(6) | ‘ online_content-sharing_service_provider’ means a provider of an information_society_service of which the main or one of the main purposes is to store and give the public access to a large amount of copyright-protected works or other protected subject matter uploaded by its users, which it organises and promotes for profit-making purposes. Providers of services, such as not-for-profit online encyclopedias, not-for-profit educational and scientific repositories, open source software-developing and-sharing platforms, providers of electronic communications services as defined in Directive (EU) 2018/1972, online marketplaces, business-to-business cloud services and cloud services that allow users to upload content for their own use, are not ‘ online_content-sharing_service_providers’ within the meaning of this Directive. |
TITLE II
MEASURES TO ADAPT EXCEPTIONS AND LIMITATIONS TO THE DIGITAL AND CROSS-BORDER ENVIRONMENT
Article 13
Negotiation mechanism
Member States shall ensure that parties facing difficulties related to the licensing of rights when seeking to conclude an agreement for the purpose of making available audiovisual works on video-on-demand services may rely on the assistance of an impartial body or of mediators. The impartial body established or designated by a Member State for the purpose of this Article and mediators shall provide assistance to the parties with their negotiations and help the parties reach agreements, including, where appropriate, by submitting proposals to them.
Member States shall notify the Commission of the body or mediators referred to in the first paragraph no later than 7 June 2021. Where Member States have chosen to rely on mediation, the notification to the Commission shall at least include, when available, the source where relevant information on the mediators entrusted can be found.
CHAPTER 4
Works of visual art in the public domain
whereas