Diritto d'autore 2019/0790 EN

‘ 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:

(a)	on a not-for-profit basis or by reinvesting all the profits in its scientific research; or

(b)	pursuant to a public interest mission recognised by a Member State;

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:

(a)	constitutes an individual item within a periodical or regularly updated publication under a single title, such as a newspaper or a general or special interest magazine;

(b)	has the purpose of providing the general public with information related to news or other topics; and

(c)	is published in any media under the initiative, editorial responsibility and control of a service provider.

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 15

Protection of press_publications concerning online uses

1. Member States shall provide publishers of press_publications established in a Member State with the rights provided for in Article 2 and Article 3(2) of Directive 2001/29/EC for the online use of their press_publications by information_society_service providers.

The rights provided for in the first subparagraph shall not apply to private or non-commercial uses of press_publications by individual users.

The protection granted under the first subparagraph shall not apply to acts of hyperlinking.

The rights provided for in the first subparagraph shall not apply in respect of the use of individual words or very short extracts of a press_publication.

2. The rights provided for in paragraph 1 shall leave intact and shall in no way affect any rights provided for in Union law to authors and other rightholders, in respect of the works and other subject matter incorporated in a press_publication. The rights provided for in paragraph 1 shall not be invoked against those authors and other rightholders and, in particular, shall not deprive them of their right to exploit their works and other subject matter independently from the press_publication in which they are incorporated.

When a work or other subject matter is incorporated in a press_publication on the basis of a non-exclusive licence, the rights provided for in paragraph 1 shall not be invoked to prohibit the use by other authorised users. The rights provided for in paragraph 1 shall not be invoked to prohibit the use of works or other subject matter for which protection has expired.

3. Articles 5 to 8 of Directive 2001/29/EC, Directive 2012/28/EU and Directive (EU) 2017/1564 of the European Parliament of the Council (19) shall apply mutatis mutandis in respect of the rights provided for in paragraph 1 of this Article.

4. The rights provided for in paragraph 1 shall expire two years after the press_publication is published. That term shall be calculated from 1 January of the year following the date on which that press_publication is published.

Paragraph 1 shall not apply to press_publications first published before 6 June 2019.

5. Member States shall provide that authors of works incorporated in a press_publication receive an appropriate share of the revenues that press publishers receive for the use of their press_publications by information_society_service providers.

whereas

(54) A free and pluralist press is essential to ensure quality journalism and citizens' access to information.
It provides a fundamental contribution to public debate and the proper functioning of a democratic society.
The wide availability of title='definition'>press_publications online has given rise to the emergence of new online services, such as news aggregators or media monitoring services, for which the reuse of title='definition'>press_publications constitutes an important part of their business models and a source of revenue.
Publishers of title='definition'>press_publications are facing problems in licensing the online use of their publications to the providers of those kinds of services, making it more difficult for them to recoup their investments. In the absence of recognition of publishers of title='definition'>press_publications as rightholders, the licensing and enforcement of rights in title='definition'>press_publications regarding online uses by title='definition'>information_society_service providers in the digital environment are often complex and inefficient.

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(55) The organisational and financial contribution of publishers in producing title='definition'>press_publications needs to be recognised and further encouraged to ensure the sustainability of the publishing industry and thereby foster the availability of reliable information.
It is therefore necessary to provide at Union level for harmonised legal protection for title='definition'>press_publications in respect of online uses by title='definition'>information_society_service providers, which leaves the existing copyright rules in Union law applicable to private or non-commercial uses of title='definition'>press_publications by individual users unaffected, including where such users share title='definition'>press_publications online.
Such protection should be effectively guaranteed through the introduction, in Union law, of rights related to copyright for the reproduction and making available to the public of title='definition'>press_publications of publishers established in a Member State in respect of online uses by title='definition'>information_society_service providers within the meaning of Directive (EU) 2015/1535 of the European Parliament and of the Council (13).
The legal protection for title='definition'>press_publications provided for by this Directive should benefit publishers that are established in a Member State and have their registered office, central administration or principal place of business within the Union.

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(56) For the purposes of this Directive, it is necessary to define the concept of ‘ title='definition'>press_publication’ so that it only covers journalistic publications, published in any media, including on paper, in the context of an economic activity that constitutes a provision of services under Union law.
The title='definition'>press_publications that should be covered include, for instance, daily newspapers, weekly or monthly magazines of general or special interest, including subscription-based magazines, and news websites. Press publications contain mostly literary works, but increasingly include other types of works and other subject matter, in particular photographs and videos. Periodical publications published for scientific or academic purposes, such as scientific journals, should not be covered by the protection granted to title='definition'>press_publications under this Directive.
Neither should that protection apply to websites, such as blogs, that provide information as part of an activity that is not carried out under the initiative, editorial responsibility and control of a service provider, such as a news publisher.

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(57) The rights granted to the publishers of title='definition'>press_publications under this Directive should have the same scope as the rights of reproduction and making available to the public provided for in Directive 2001/29/EC, insofar as online uses by title='definition'>information_society_service providers are concerned.
The rights granted to publishers of title='definition'>press_publications should not extend to acts of hyperlinking.
They should also not extend to mere facts reported in title='definition'>press_publications. The rights granted to publishers of title='definition'>press_publications under this Directive should also be subject to the same provisions on exceptions and limitations as those applicable to the rights provided for in Directive 2001/29/EC, including the exception in the case of quotations for purposes such as criticism or review provided for in Article 5(3)(d) of that Directive.

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(58) The use of title='definition'>press_publications by title='definition'>information_society_service providers can consist of the use of entire publications or articles but also of parts of title='definition'>press_publications. Such uses of parts of title='definition'>press_publications have also gained economic relevance.
At the same time, the use of individual words or very short extracts of title='definition'>press_publications by title='definition'>information_society_service providers may not undermine the investments made by publishers of title='definition'>press_publications in the production of content.
Therefore, it is appropriate to provide that the use of individual words or very short extracts of title='definition'>press_publications should not fall within the scope of the rights provided for in this Directive.
Taking into account the massive aggregation and use of title='definition'>press_publications by title='definition'>information_society_service providers, it is important that the exclusion of very short extracts be interpreted in such a way as not to affect the effectiveness of the rights provided for in this Directive.

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(59) The protection granted to publishers of title='definition'>press_publications under this Directive should not affect the rights of the authors and other rightholders in the works and other subject matter incorporated therein, including as regards the extent to which authors and other rightholders can exploit their works or other subject matter independently from the title='definition'>press_publication in which they are incorporated.
Publishers of title='definition'>press_publications should, therefore, not be able to invoke the protection granted to them under this Directive against authors and other rightholders or against other authorised users of the same works or other subject matter.
That should be without prejudice to contractual arrangements concluded between the publishers of title='definition'>press_publications, on the one hand, and authors and other rightholders, on the other.
Authors whose works are incorporated in a title='definition'>press_publication should be entitled to an appropriate share of the revenues that press publishers receive for the use of their title='definition'>press_publications by title='definition'>information_society_service providers. That should be without prejudice to national laws on ownership or exercise of rights in the context of employment contracts, provided that such laws are in compliance with Union law.

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(60) Publishers, including those of title='definition'>press_publications, books or scientific publications and music publications, often operate on the basis of the transfer of authors' rights by means of contractual agreements or statutory provisions. In that context, publishers make an investment with a view to the exploitation of the works contained in their publications and can in some instances be deprived of revenues where such works are used under exceptions or limitations such as those for private copying and reprography, including the corresponding existing national schemes for reprography in the Member States, or under public lending schemes. In several Member States, compensation for uses under those exceptions or limitations is shared between authors and publishers. In order to take account of this situation and to improve legal certainty for all parties concerned, this Directive allows Member States that have existing schemes for the sharing of compensation between authors and publishers to maintain them.
That is particularly important for Member States that had such compensation-sharing mechanisms before 12 November 2015, although in other Member States compensation is not shared and is due solely to authors in accordance with national cultural policies. While this Directive should apply in a non-discriminatory way to all Member States, it should respect the traditions in this area and not oblige Member States that do not currently have such compensation-sharing schemes to introduce them.
It should not affect existing or future arrangements in Member States regarding remuneration in the context of public lending.

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keyboard_tab Diritto d'autore 2019/0790 EN

Diritto d'autore 2019/0790 EN