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
- 3 Article 2 Definitions
- 1 Article 8 Use of out-of-commerce works and other subject matter by cultural heritage institutions
- 1 Article 14 Works of visual art in the public domain
- 13 Article 15 Protection of press publications concerning online uses
- 1 Article 29 Transposition
- 1 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
- shall 32
- works 23
- subject 23
- matter 21
- directive 17
- article 16
- paragraph 16
- provided 14
- rights 14
- states 13
- such 12
- which 11
- from 9
- member 9
- provide 9
- rightholders 8
- public 8
- member 8
- first 7
- press_publications 7
- press_publication 7
- scientific 7
- purposes 7
- apply 7
- organisation 7
- collective 6
- management 6
- licence 6
- published 6
- means 6
- third 5
- country 5
- available 5
- //ec 5
- reasonable 5
- after 5
- work 5
- basis 5
- services 4
- out-of-commerce 4
- within 4
- incorporated 4
- publication 4
- under 4
- commerce 4
- providers 4
- online 4
- they 4
- subparagraph 4
- protection 4
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 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.
Article 14
Works of visual art in the public domain
Member States shall provide that, when the term of protection of a work of visual art has expired, any material resulting from an act of reproduction of that work is not subject to copyright or related rights, unless the material resulting from that act of reproduction is original in the sense that it is the author's own intellectual creation.
TITLE IV
MEASURES TO ACHIEVE A WELL-FUNCTIONING MARKETPLACE FOR COPYRIGHT
CHAPTER 1
Rights in publications
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.
Article 29
Transposition
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 7 June 2021. They shall immediately inform the Commission thereof.
When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The methods of making such reference shall be laid down by Member States.
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.
Article 31
Entry into force
This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
whereas