Article 8—Use of Out-of-commerce Works and Other Subject Matter by Cultural Heritage Institutions

2021 ◽  
pp. 158-202
Author(s):  
Eleonora Rosati
Keyword(s):  
Cultural Heritage ◽  
Subject Matter ◽  
Single Market ◽  
Equal Treatment ◽  
Communication To The Public ◽  
The Public ◽  
Collective Management ◽  
Management Organization ◽  
Copyright Directive

This chapter talks about Article 8 of Directive 2019/790, the European copyright directive in the Digital Single Market, which outlines provisions on the use of out-of-commerce works and other subject matter by cultural heritage institutions. It mentions the collective management organization that may conclude a non-exclusive licence for non-commercial purposes with a cultural heritage institution for the reproduction, distribution, and 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. It also mentions the guarantee that all rightholders have equal treatment in relation to the terms of the licence. The chapter points out the liberty of rightholders to exclude their works or other subject matter from the licensing. It describes a work or other subject matter that is deemed to be out-of-commerce when it can be presumed that is not available to the public through customary channels of commerce.

Article 26—Application in Time

2021 ◽  
pp. 412-412
Author(s):  
Eleonora Rosati
Keyword(s):  
Subject Matter ◽  
Visual Art ◽  
Public Domain ◽  
Single Market ◽  
The Public ◽  
Time Of Application ◽  
Negotiation Mechanism ◽  
Copyright Directive

This chapter highlights the time of application of Directive 2019/790, a copyright directive in the Digital Single Market in Europe, which is included in Chapter 26. It emphasizes that Directive 2019/790 will apply in respect of all works and other subject matter that are protected by national law in the field of copyright. The directive will be implemented on or after 7 June 2021. The chapter points out that Directive 2019/790 will apply without prejudice to any acts concluded and rights acquired before 7 June 2021. It also cites the legislation on the negotiation mechanism, works of visual art in the public domain, and information about collective licensing with an extended effect.

Article 17—Use of Protected Content by Online Content-sharing Service Providers

2021 ◽  
pp. 301-359
Author(s):  
Eleonora Rosati
Keyword(s):  
Subject Matter ◽  
Service Provider ◽  
Service Providers ◽  
Single Market ◽  
Public Access ◽  
Communication To The Public ◽  
Online Content ◽  
The Public ◽  
Content Sharing

This chapter describes Article 17 of Directive 2019/790, a copyright order in the Digital Single Market, which talks about the use of protected content by online content-sharing service providers. It talks about an online content-sharing service provider that can perform an act of communication to the public or an act of making available to the public when it gives the public access to copyright-protected works or other protected subject matter uploaded by its users. It also outlines how an online content-sharing service provider can obtain an authorisation from the rightholders by concluding a licensing agreement. The chapter analyzes the performance of an online content-sharing service provider of an act of communication to the public or an act of making available to the public under the conditions laid down in Directive 2019/790. It highlights how online content-sharing service providers will be liable for unauthorised acts of communication to the public if no authorisation is granted.

Article 3—Text and Data Mining for the Purposes of Scientific Research

2021 ◽  
pp. 25-59
Author(s):  
Eleonora Rosati
Keyword(s):  
Data Mining ◽  
Best Practices ◽  
Cultural Heritage ◽  
Subject Matter ◽  
Scientific Research ◽  
Single Market ◽  
Member States ◽  
Research Organisations ◽  
Text And Data Mining ◽  
Copyright Directive

This chapter focuses on the laws about text and data mining for scientific researchstipulated under Article 3 of the Directive 2019/790 or copyright directive of the Digital Single Market in Europe. It examines the legislation that require Member States to provide an exception for reproductions and extractions made by research organisations and cultural heritage institutions on text and data mining of works or other subject matter for the purposes of scientific research. It also stresses that copies of works or other subject matter on text and data mining will be stored with an appropriate level of security and retained for the purposes of scientific research. The chapter talks about rightholders, which are allowed to apply measures to ensure the security and integrity of the networks and databases. It mentions Member States that encourage rightholders, research organisations, and cultural heritage institutions to define commonly agreed best practices concerning the application of the obligation and measures on text and data mining.

Arthur Benjamin and the French Public

Tempo ◽  
1955 ◽  
pp. 2-3
Author(s):  
Jean-Paul Changeur
Keyword(s):  
Cultural Heritage ◽  
Subject Matter ◽  
General Public ◽  
18Th Century ◽  
Foreign Country ◽  
The Public ◽  
Peter Grimes ◽  
Remote Part

“How will the public react to it?” is a question that arises when an opera is about to have its first performance in a foreign countryArthur Benjamin's opera Primadonna does not seem a difficult one to “export,” mainly because of its subject-matter. One might expect the action of a British opera to take place in some remote part of Old England (as in Peter Grimes, the most famous of English operas with us French) whose ways are so unfamiliar as to risk leaving the general public quite untouched. Here, however, there is no such risk: we are in Venice, the courtly Venice of the 18th century, and the characters, the déecor, the whole atmosphere belong to the cultural heritage of all Europe.

Article 30—Review

2021 ◽  
pp. 416-416
Author(s):  
Eleonora Rosati
Keyword(s):  
Service Providers ◽  
European Parliament ◽  
Single Market ◽  
Online Content ◽  
European Economic ◽  
The Public ◽  
Content Sharing ◽  
The Impact ◽  
Copyright Directive ◽  
Annual Turnover

This chapter talks about Chapter 30 of Directive 2019/790, a copyright directive of the Digital Single Market in Europe. It mentions the plan of the Commission to carry out a review of this Directive and present a report on the main findings to the European Parliament, the Council, and the European Economic and Social Committee on 7 June 2026. It also mentions the assessment of Commission on 7 June 2024 of the impact of the specific liability regime set out in Article 17 of Directive 2019/790 regarding online content-sharing service providers that have an annual turnover of less than EUR 10 million. The chapter cites services that have been available to the public in the Union for less than three years under Paragraph 6 of Article 17. It reminds Member States to provide the Commission with the necessary information for the preparation of the report that will be presented on 7 June 2026.

Article 22—Right of Revocation

2021 ◽  
pp. 400-407
Author(s):  
Eleonora Rosati
Keyword(s):  
Subject Matter ◽  
Single Market ◽  
Member States ◽  
Different Types ◽  
The Right ◽  
Copyright Directive

This chapter discusses Article 22 of Directive 2019/790, a European copyright directive in the Digital Single Market, which focuses on the right of revocation. It clarifies the right of the author or performer to revoke in whole or in part the licence or the transfer of rights where there is a lack of exploitation of that work or other protected subject matter. It also looks at specific provisions for the revocation mechanism in the national law that takes into account specificities of the different sectors and the different types of works and performances. The chapter cites the task of Member States to exclude works or other subject matter from the application of the revocation mechanism if such works or other subject matter usually contain contributions of a plurality of authors or performers. It explores the options of authors or performers to terminate the exclusivity of their contract instead of revoking the licence or transfer of the rights.

Article 14—Works of Visual Art in the Public Domain

2021 ◽  
pp. 239-249
Author(s):  
Eleonora Rosati
Keyword(s):  
Cultural Heritage ◽  
Subject Matter ◽  
Visual Art ◽  
Public Domain ◽  
The Public ◽  
Technological Developments ◽  
High Level ◽  
The Way

This chapter highlights the works of visual art in the public domain stipulated in Article 14 of Directive 2019/790, copyright order in Europe. It discusses the term of protection of a work of visual art, which is not subject to copyright or related rights when deemed expired. It also reviews rapid technological developments that continue to transform the way works and other subject matter are created, produced, distributed, and exploited. The chapter cites the Commission Communication of 9 December 2015 entitled, which states that it is necessary to adapt and supplement the existing Union copyright framework, while keeping a high level of protection of copyright and related rights. It explains that cultural heritage institutions cover publicly accessible libraries and museums regardless of the type of works or other subject matter that they hold in their permanent collections.

Article 11—Stakeholder Dialogue

2021 ◽  
pp. 215-218
Author(s):  
Eleonora Rosati
Keyword(s):  
Cultural Heritage ◽  
Subject Matter ◽  
Stakeholder Dialogue ◽  
Member States ◽  
Collective Management ◽  
Relevant Stakeholder ◽  
And Function

This chapter highlights Article 11 of the European copyright order, Directive 2019/790, concerning stakeholder dialogue. It obliges Member States to consult rightholders, collective management organisations, and cultural heritage institutions in each sector before establishing specific requirements. It also encourages regular dialogue between representative users' and rightholders' organisations, collective management organisations, and any other relevant stakeholder organisations on a sector-specific basis to foster the relevance and usability of licensing mechanisms. The chapter discusses the appropriate safeguards for all rightholders that are introduced by Directive 2019/790 for the use of out-of-commerce works or other subject matter. It also considers the licensing mechanisms established by this Directive in making sure that out-of-commerce works, or other subject matter are relevant and function properly.

Article 9—Cross-border Uses

2021 ◽  
pp. 203-207
Author(s):  
Eleonora Rosati
Keyword(s):  
Cultural Heritage ◽  
Member State ◽  
Subject Matter ◽  
Prior Authorisation ◽  
Cross Border ◽  
Article 9 ◽  
The Individual ◽  
Copyright Directive

This chapter examines Article 9 of Directive 2019/790, the copyright directive in Europe. It discusses licences that allow the use of out-of-commerce works or other subject matter by cultural heritage institutions in any Member State. It also clarifies the uses of works and other subject matter that are deemed to occur solely in the Member State where the cultural heritage institution undertaking that use is established. The chapter cites cultural heritage institutions that benefit from a clear framework for the digitisation and dissemination of works or other subject matter that are out-of-commerce for the purposes of Directive 2019/790. It describes characteristics of the collections of out-of-commerce works or other subject matter involved in mass digitisation projects, wherein obtaining the prior authorisation of the individual rightholders can be very difficult.

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