Consilena

European UnionDirective

Directive (EU) 2019/790 — copyright and related rights in the Digital Single Market (IP)

Current as of 32 provisionsIP

Provisions

46 in the library

  1. ["CHAPTER 3", "Fair remuneration in exploitation contracts of authors and performers", "Article 21"]

    Alternative dispute resolution procedure

    Alternative dispute resolution procedure Member States shall provide that disputes concerning the transparency obligation under Article 19 and the contract…

  2. ["TITLE V", "FINAL PROVISIONS", "Article 29"]

    Transposition

    Transposition 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 7 June…

  3. ["CHAPTER 2", "Certain uses of protected content by online services", "Article 17"]

    Use of protected content by online content-sharing service providers

    Use of protected content by online content-sharing service providers 1. Member States shall provide that an online content-sharing service provider performs an…

  4. ["CHAPTER 1", "Out-of-commerce works and other subject matter", "Article 9"]

    Cross-border uses

    Cross-border uses 1. Member States shall ensure that licences granted in accordance with Article 8 may allow the use of out-of-commerce works or other subject…

  5. ["TITLE V", "FINAL PROVISIONS", "Article 28"]

    Protection of personal data

    Protection of personal data The processing of personal data carried out within the framework of this Directive shall be carried out in compliance with…

  6. ["CHAPTER 1", "Out-of-commerce works and other subject matter", "Article 8"]

    Use of out-of-commerce works and other subject matter by cultural heritage institutions

    Use of out-of-commerce works and other subject matter by cultural heritage institutions 1. Member States shall provide that a collective management…

  7. ["CHAPTER 1", "Out-of-commerce works and other subject matter", "Article 11"]

    Stakeholder dialogue

    Stakeholder dialogue Member States shall consult rightholders, collective management organisations and cultural heritage institutions in each sector before…

  8. ["TITLE II", "MEASURES TO ADAPT EXCEPTIONS AND LIMITATIONS TO THE DIGITAL AND CROSS-BORDER ENVIRONMENT", "Article 6"]

    Preservation of cultural heritage

    Preservation of cultural heritage Member States shall provide for an exception to the rights provided for in Article 5(a) and Article 7(1) of Directive…

  9. ["TITLE II", "MEASURES TO ADAPT EXCEPTIONS AND LIMITATIONS TO THE DIGITAL AND CROSS-BORDER ENVIRONMENT", "Article 7"]

    Common provisions

    Common provisions 1. Any contractual provision contrary to the exceptions provided for in Articles 3, 5 and 6 shall be unenforceable. 2. Article 5(5) of…

  10. ["TITLE V", "FINAL PROVISIONS", "Article 30"]

    Review

    Review 1. No sooner than 7 June 2026, the Commission shall carry out a review of this Directive and present a report on the main findings to the European…

  11. ["TITLE V", "FINAL PROVISIONS", "Article 32"]

    Addressees

    Addressees This Directive is addressed to the Member States.

  12. ["CHAPTER 2", "Measures to facilitate collective licensing", "Article 12"]

    Collective licensing with an extended effect

    Collective licensing with an extended effect 1. Member States may provide, as far as the use on their territory is concerned and subject to the safeguards…

  13. ["TITLE II", "MEASURES TO ADAPT EXCEPTIONS AND LIMITATIONS TO THE DIGITAL AND CROSS-BORDER ENVIRONMENT", "Article 4"]

    Exception or limitation for text and data mining

    Exception or limitation for text and data mining 1. Member States shall provide for an exception or limitation to the rights provided for in Article 5(a) and…

  14. ["TITLE I", "GENERAL PROVISIONS", "Article 1"]

    Subject matter and scope

    Subject matter and scope 1. This Directive lays down rules which aim to harmonise further Union law applicable to copyright and related rights in the framework…

  15. ["TITLE V", "FINAL PROVISIONS", "Article 31"]

    Entry into force

    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.

  16. ["CHAPTER 3", "Fair remuneration in exploitation contracts of authors and performers", "Article 19"]

    Transparency obligation

    Transparency obligation 1. Member States shall ensure that authors and performers receive on a regular basis, at least once a year, and taking into account the…

  17. ["TITLE V", "FINAL PROVISIONS", "Article 25"]

    Relationship with exceptions and limitations provided for in other directives

    Relationship with exceptions and limitations provided for in other directives Member States may adopt or maintain in force broader provisions, compatible with…

  18. ["CHAPTER 3", "Fair remuneration in exploitation contracts of authors and performers", "Article 22"]

    Right of revocation

    Right of revocation 1. Member States shall ensure that where an author or a performer has licensed or transferred his or her rights in a work or other…

  19. ["CHAPTER 3", "Fair remuneration in exploitation contracts of authors and performers", "Article 23"]

    Common provisions

    Common provisions 1. Member States shall ensure that any contractual provision that prevents compliance with Articles 19, 20 and 21 shall be unenforceable in…

  20. ["TITLE V", "FINAL PROVISIONS", "Article 24"]

    Amendments to Directives 96/9/EC and 2001/29/EC

    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: ‘(b)…

  21. ["CHAPTER 3", "Fair remuneration in exploitation contracts of authors and performers", "Article 20"]

    Contract adjustment mechanism

    Contract adjustment mechanism 1. Member States shall ensure that, in the absence of an applicable collective bargaining agreement providing for a mechanism…

  22. ["TITLE V", "FINAL PROVISIONS", "Article 26"]

    Application in time

    Application in time 1. This Directive shall apply in respect of all works and other subject matter that are protected by national law in the field of copyright…

  23. ["TITLE I", "GENERAL PROVISIONS", "Article 2"]

    Definitions

    Definitions For the purposes of this Directive, the following definitions apply: (1) ‘research organisation’ means a university, including its libraries, a…

  24. ["CHAPTER 1", "Rights in publications", "Article 16"]

    Claims to fair compensation

    Claims to fair compensation Member States may provide that where an author has transferred or licensed a right to a publisher, such a transfer or licence…

  25. ["CHAPTER 3", "Access to and availability of audiovisual works on video-on-demand platforms", "Article 13"]

    Negotiation mechanism

    Negotiation mechanism Member States shall ensure that parties facing difficulties related to the licensing of rights when seeking to conclude an agreement for…

  26. ["CHAPTER 1", "Out-of-commerce works and other subject matter", "Article 10"]

    Publicity measures

    Publicity measures 1. Member States shall ensure that information from cultural heritage institutions, collective management organisations or relevant public…

  27. ["TITLE II", "MEASURES TO ADAPT EXCEPTIONS AND LIMITATIONS TO THE DIGITAL AND CROSS-BORDER ENVIRONMENT", "Article 3"]

    Text and data mining for the purposes of scientific research

    Text and data mining for the purposes of scientific research 1. Member States shall provide for an exception to the rights provided for in Article 5(a) and…

  28. ["TITLE V", "FINAL PROVISIONS", "Article 27"]

    Transitional provision

    Transitional provision Agreements for the licence or transfer of rights of authors and performers shall be subject to the transparency obligation set out in…

  29. ["CHAPTER 1", "Rights in publications", "Article 15"]

    Protection of press publications concerning online uses

    Protection of press publications concerning online uses 1. Member States shall provide publishers of press publications established in a Member State with the…

  30. ["CHAPTER 4", "Works of visual art in the public domain", "Article 14"]

    Works of visual art in the public domain

    — 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…

  31. ["CHAPTER 3", "Fair remuneration in exploitation contracts of authors and performers", "Article 18"]

    Principle of appropriate and proportionate remuneration

    Principle of appropriate and proportionate remuneration 1. Member States shall ensure that where authors and performers license or transfer their exclusive…

  32. ["TITLE II", "MEASURES TO ADAPT EXCEPTIONS AND LIMITATIONS TO THE DIGITAL AND CROSS-BORDER ENVIRONMENT", "Article 5"]

    Use of works and other subject matter in digital and cross-border teaching activities

    Use of works and other subject matter in digital and cross-border teaching activities 1. Member States shall provide for an exception or limitation to the…

  33. ["CHAPTER 1", "Out-of-commerce works and other subject matter", "Article 10"]

    Publicity measures

    Publicity measures (2), in the Member State where the cultural heritage institution is established. If there is evidence, such as the origin of the works or…

  34. ["CHAPTER 1", "Out-of-commerce works and other subject matter", "Article 8"]

    Use of out-of-commerce works and other subject matter by cultural heritage institutions

    Use of out-of-commerce works and other subject matter by cultural heritage institutions 3. Member States shall provide that the exception or limitation…

  35. ["TITLE V", "FINAL PROVISIONS", "Article 24"]

    Amendments to Directives 96/9/EC and 2001/29/EC

    Amendments to Directives 96/9/EC and 2001/29/EC (2), point (c) is replaced by the following: ‘(c) in respect of specific acts of reproduction made by publicly…

  36. ["TITLE II", "MEASURES TO ADAPT EXCEPTIONS AND LIMITATIONS TO THE DIGITAL AND CROSS-BORDER ENVIRONMENT", "Article 5"]

    Use of works and other subject matter in digital and cross-border teaching activities

    Use of works and other subject matter in digital and cross-border teaching activities (1), Member States may provide that the exception or limitation adopted…

  37. ["CHAPTER 2", "Certain uses of protected content by online services", "Article 17"]

    Use of protected content by online content-sharing service providers

    Use of protected content by online content-sharing service providers 4. If no authorisation is granted, online content-sharing service providers shall be…

  38. ["TITLE I", "GENERAL PROVISIONS", "Article 2"]

    Definitions

    Definitions (5) ‘information society service’ means a service within the meaning of point (b) of Article 1 (1) of Directive (EU) 2015/1535; (6) ‘online…

  39. ["CHAPTER 3", "Fair remuneration in exploitation contracts of authors and performers", "Article 22"]

    Right of revocation

    Right of revocation 3. Member States shall provide that the revocation provided for in paragraph 1 may only be exercised after a reasonable time following the…

  40. ["CHAPTER 3", "Fair remuneration in exploitation contracts of authors and performers", "Article 19"]

    Transparency obligation

    Transparency obligation 4. Member States may decide that the obligation set out in paragraph 1 of this Article does not apply when the contribution of the…

  41. ["CHAPTER 2", "Measures to facilitate collective licensing", "Article 12"]

    Collective licensing with an extended effect

    Collective licensing with an extended effect 3. For the purposes of paragraph 1, Member States shall provide for the following safeguards: (a) the collective…

  42. ["CHAPTER 1", "Rights in publications", "Article 15"]

    Protection of press publications concerning online uses

    Protection of press publications concerning online uses (19) shall apply mutatis mutandis in respect of the rights provided for in paragraph 1 of this Article…

  43. ["CHAPTER 2", "Certain uses of protected content by online services", "Article 17"]

    Use of protected content by online content-sharing service providers

    Use of protected content by online content-sharing service providers (20), the conditions under the liability regime set out in paragraph 4 are limited to…

  44. ["CHAPTER 2", "Measures to facilitate collective licensing", "Article 12"]

    Collective licensing with an extended effect

    Collective licensing with an extended effect 5. Where a Member State provides in its national law for a licensing mechanism in accordance with this Article…

  45. ["CHAPTER 1", "Out-of-commerce works and other subject matter", "Article 8"]

    Use of out-of-commerce works and other subject matter by cultural heritage institutions

    Use of out-of-commerce works and other subject matter by cultural heritage institutions 6. Member States shall provide that the licences referred to in…

  46. ["CHAPTER 2", "Certain uses of protected content by online services", "Article 17"]

    Use of protected content by online content-sharing service providers

    Use of protected content by online content-sharing service providers 8. The application of this Article shall not lead to any general monitoring obligation…

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