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 2 Definitions
- 1 Article 10 Publicity measures
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 16
- directive 12
- scientific 10
- //ec 8
- such 8
- research 7
- works 7
- public 7
- purposes 7
- provided 7
- member 6
- information 6
- under 6
- matter 6
- measures 6
- purpose 6
- subject 6
- which 6
- means 6
- shall 5
- states 5
- limitations 5
- exceptions 5
- european 5
- point 5
- accordance 5
- rightholders 4
- single 4
- parliament 4
- replaced 4
- following: 4
- without 4
- digital 4
- prejudice 4
- available 4
- limitation 4
- exception 4
- services 4
- licence 4
- source 4
- publicity 4
- taken 3
- from 3
- market 3
- general 3
- uses 3
- made 3
- relevant 3
- achieved 3
- non-commercial 3
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 10
Publicity measures
1. Member States shall ensure that information from cultural_heritage_institutions, collective management organisations or relevant public authorities, for the purposes of the identification of the out-of-commerce works or other subject matter, covered by a licence granted in accordance with Article 8(1), or used under the exception or limitation provided for in Article 8(2), as well as information about the options available to rightholders as referred to in Article 8(4), and, as soon as it is available and where relevant, information on the parties to the licence, the territories covered and the uses, is made permanently, easily and effectively accessible on a public single online portal from at least six months before the works or other subject matter are distributed, communicated to the public or made available to the public in accordance with the licence or under the exception or limitation.
The portal shall be established and managed by the European Union Intellectual Property Office in accordance with Regulation (EU) No 386/2012.
2. Member States shall provide that, if necessary for the general awareness of rightholders, additional appropriate publicity measures are taken regarding the ability of collective management organisations to license works or other subject matter in accordance with Article 8, the licences granted, the uses under the exception or limitation provided for in Article 8(2) and the options available to rightholders as referred to in Article 8(4).
The appropriate publicity measures referred to in the first subparagraph of this paragraph shall be taken in the Member State where the licence is sought in accordance with Article 8(1) or, for uses under the exception or limitation provided for in Article 8(2), in the Member State where the cultural_heritage_institution is established. If there is evidence, such as the origin of the works or other subject matter, to suggest that the awareness of rightholders could be more efficiently raised in other Member States or third countries, such publicity measures shall also cover those Member States and third countries.
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