# Directive (EU) 2019/790 — copyright and related rights in the Digital Single Market (IP) URL: https://consilena.com/coverage/laws/ksrc_terd4aj28at4hpk7 - Jurisdiction: European Union - Type: Directive - Short name: IP - Identifier: 32019L0790 - Current as of: 7 June 2019 - Provisions: 32 - Official text: https://eur-lex.europa.eu/eli/dir/2019/790/oj > The library is a research copy. Check the official source before relying on a provision: the text published there, not the copy in Consilena, is the law. ## Provisions - **Alternative dispute resolution procedure**: Member States shall provide that disputes concerning the transparency obligation under Article 19 and the contract… - **Transposition**: 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 7 June… - **Use of protected content by online content-sharing service providers**: 1. Member States shall provide that an online content-sharing service provider performs an… - **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… - **Protection of personal data**: The processing of personal data carried out within the framework of this Directive shall be carried out in compliance with… - **Use of out-of-commerce works and other subject matter by cultural heritage institutions**: 1. Member States shall provide that a collective management… - **Stakeholder dialogue**: Member States shall consult rightholders, collective management organisations and cultural heritage institutions in each sector before… - **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… - **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… - **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… - **Addressees**: This Directive is addressed to the Member States. - **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… - **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… - **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… - **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. - **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… - **Relationship with exceptions and limitations provided for in other directives**: Member States may adopt or maintain in force broader provisions, compatible with… - **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… - **Common provisions**: 1. Member States shall ensure that any contractual provision that prevents compliance with Articles 19, 20 and 21 shall be unenforceable in… - **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)… - **Contract adjustment mechanism**: 1. Member States shall ensure that, in the absence of an applicable collective bargaining agreement providing for a mechanism… - **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… - **Definitions**: For the purposes of this Directive, the following definitions apply: (1) ‘research organisation’ means a university, including its libraries, a… - **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… - **Negotiation mechanism**: Member States shall ensure that parties facing difficulties related to the licensing of rights when seeking to conclude an agreement for… - **Publicity measures**: 1. Member States shall ensure that information from cultural heritage institutions, collective management organisations or relevant public… - **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… - **Transitional provision**: Agreements for the licence or transfer of rights of authors and performers shall be subject to the transparency obligation set out in… - **Protection of press publications concerning online uses**: 1. Member States shall provide publishers of press publications established in a Member State with the… - **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… - **Principle of appropriate and proportionate remuneration**: 1. Member States shall ensure that where authors and performers license or transfer their exclusive… - **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… - **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… - **Use of out-of-commerce works and other subject matter by cultural heritage institutions**: 3. Member States shall provide that the exception or limitation… - **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… - **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… - **Use of protected content by online content-sharing service providers**: 4. If no authorisation is granted, online content-sharing service providers shall be… - **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… - **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… - **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… - **Collective licensing with an extended effect**: 3. For the purposes of paragraph 1, Member States shall provide for the following safeguards: (a) the collective… - **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… - **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… - **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… - **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… - **Use of protected content by online content-sharing service providers**: 8. The application of this Article shall not lead to any general monitoring obligation… --- Consilena is a software provider, not a law firm. 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