keyboard_tab Diritto d'autore 2019/0790 EN

index well-functioning:

TITLE I
GENERAL PROVISIONS

• 1 Article 1 Subject matter and scope

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

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• material 2
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• visual 2
• well-functioning 2
• reproduction 2
• //eu 2
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• matter 2
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• expired 1
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• cross-border 1

and the number of total unique words without stopwords is: 80

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.

whereas

• (3) Rapid technological developments continue to transform the way works and other subject matter are created, produced, distributed and exploited.

    New business models and new actors continue to emerge.

    Relevant legislation needs to be future-proof so as not to restrict technological development.

    The objectives and the principles laid down by the Union copyright framework remain sound.

    However, legal uncertainty remains, for both rightholders and users, as regards certain uses, including cross-border uses, of works and other subject matter in the digital environment.

    As stated in the Commission Communication of 9 December 2015 entitled ‘Towards a modern, more European copyright framework’, in some areas it is necessary to adapt and supplement the existing Union copyright framework, while keeping a high level of protection of copyright and related rights. This Directive provides for rules to adapt certain exceptions and limitations to copyright and related rights to digital and cross-border environments, as well as for measures to facilitate certain licensing practices, in particular, but not only, as regards the dissemination of out-of-commerce works and other subject matter and the online availability of audiovisual works on video-on-demand platforms, with a view to ensuring wider access to content.

    It also contains rules to facilitate the use of content in the public domain.

    In order to achieve a well-functioning and fair marketplace for copyright, there should also be rules on rights in publications, on the use of works or other subject matter by online service providers storing and giving access to user-uploaded content, on the transparency of authors' and performers' contracts, on authors' and performers' remuneration, as well as a mechanism for the revocation of rights that authors and performers have transferred on an exclusive basis.


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• (34) For the purpose of those licensing mechanisms, a rigorous and well-functioning collective management system is important.

    Directive 2014/26/EU provides for such a system and that system includes in particular rules on good governance, transparency and reporting, as well as the regular, diligent and accurate distribution and payment of amounts due to individual rightholders.


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