Article 18—Principle of Appropriate and Proportionate Remuneration

2021 ◽  
pp. 360-367
Author(s):  
Eleonora Rosati
Keyword(s):  
Subject Matter ◽  
End User ◽  
Member States ◽  
Rights And Interests ◽  
To Receive ◽  
Fair Balance ◽  
Copyright Directive

This discusses Article 18 of the European copyright directive, Directive 2019/790, which sets forth the principle of appropriate and proportionate remuneration. It instructs Member States to ensure that authors and performers are entitled to receive appropriate and proportionate remuneration their exclusive rights are licensed or transferred for the exploitation of their works or other subject matter. It also highlights the liberty of Member States to use different mechanisms and take into account the principle of contractual freedom and a fair balance of rights and interests. The chapter clarifies that authors and performers tend to be in the weaker contractual position when they grant a licence or transfer their rights for the purposes of exploitation in return for remuneration. It explains how protection does not arise where the contractual counterpart acts as an end user and does not exploit the work or performance itself.

Article 4—Exception or Limitation for Text and Data Mining

2021 ◽  
pp. 60-92
Author(s):  
Eleonora Rosati
Keyword(s):  
Data Mining ◽  
Cultural Heritage ◽  
Subject Matter ◽  
Digital Technologies ◽  
Internal Market ◽  
Member States ◽  
Exceptions And Limitations ◽  
Fair Balance ◽  
Text And Data Mining ◽  
Copyright Directive

This chapter focuses on Article 4 of Directive 2019/790, the European copyright directive, which require Member States to provide for an exception or limitation for reproductions and extractions of works and other subject matter for the purposes of text and data mining. It talks about digital technologies that permit new types of uses that are not clearly covered by the existing Union rules on exceptions and limitations in the fields of research, innovation, education, and preservation of cultural heritage. It also describes the optional nature of exceptions and limitations that could negatively impact the functioning of the internal market. The chapter discusses the exceptions and limitations provided in Directive 2019/790 that seek to achieve a fair balance between the rights and interests of authors, other rightholders, and users. It clarifies that text and data mining can be carried out in relation to mere facts or data that are not protected by copyright.

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 7—Common Provisions

2021 ◽  
pp. 151-157
Author(s):  
Eleonora Rosati
Keyword(s):  
Subject Matter ◽  
European Directive ◽  
Special Cases ◽  
Exceptions And Limitations ◽  
Legitimate Interests ◽  
The Common ◽  
Rights And Interests ◽  
Fair Balance

This chapter discusses the common provisions in Article 7 of Directive 2019/790, the European directive on copyright. It explains the application of the Directive to special cases that do not conflict with the normal exploitation of works or other subject matter and do not unreasonably prejudice the legitimate interests of the rightholders. It also seeks to achieve a fair balance between the rights and interests of authors, other rightholders, and users. The chapter mentions the protection of technological measures established in Directive 2001/29/EC, which remains essential to ensure the protection and the effective exercise of the rights granted to authors and other rightholders under Union law. It stresses the maintenance of protection while ensuring the use of technological measures that do not prevent the enjoyment of the exceptions and limitations provided in Directive 2019/790.

Article 5—Use of Works and Other Subject Matter in Digital and Cross-Border Teaching Activities

2021 ◽  
pp. 93-127
Author(s):  
Eleonora Rosati
Keyword(s):  
Member State ◽  
Subject Matter ◽  
Teaching Activities ◽  
Sole Purpose ◽  
Exceptions And Limitations ◽  
Fair Compensation ◽  
Electronic Environments ◽  
Article 5 ◽  
Fair Balance ◽  
Copyright Directive

This chapter analyzes Article 5 of Directive 2019/790, copyright directive of the Digital Single Market in Europe. It discusses the use of works and other subject matter for the sole purpose of illustration for teaching through secure electronic environments that occur solely in the Member State where the educational establishment is founded. It also mentions the task of Member States to provide fair compensation for rightholders for the use of their works or other subject matter. The chapter explores the exceptions and limitations outlined in Directive 2019/790, which seek to achieve a fair balance between the rights and interests of authors, other rightholders, and users. It cites the protection of technological measures established in Directive 2001/29/EC that remains essential to ensure the protection and the effective exercise of the rights granted to authors and to other rightholders under the Union law.

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.

scholarly journals State-of-Knowledge and Guidance in EURAD Knowledge Management (Work Packages 11 State-of-Knowledge & 12 Guidance)

2021 ◽  
Vol 1 ◽  
pp. 249-250
Author(s):  
Astrid Göbel ◽  
Tobias Knuuti ◽  
Carola Franzen ◽  
Dinara Abbasova ◽  
Thuro Arnold ◽  
...  
Keyword(s):  
Knowledge Management ◽  
Research Programme ◽  
Level Of Detail ◽  
Transfer Of Knowledge ◽  
End User ◽  
Member States ◽  
National Programmes ◽  
Scientific Papers ◽  
The Individual ◽  
Editorial Procedures

Abstract. EURAD, the European Joint Programme on Radioactive Waste Management (RWM), is the European Research Programme on RWM, aimed at supporting member states with the implementation of their national programmes. It brings together over 100 organisations from different backgrounds and countries, which work together in RD&D projects, Strategic Studies and Knowledge Management (KM). The importance of KM is recognised by EURAD and reflected in a number of activities. One essential activity is the capture of the current State-of-Knowledge in the field of RWM and its transfer to the implementation of the different national programmes. This is done by different types of Knowledge Documents that are made available through a dedicated IT tool (e.g. a Wiki). The development of the individual EURAD KM documents is performed by recognised experts. These experts will share their view on the most relevant knowledge on a specific topic, highlighting safety functions and operational aspects. Additionally, signposting to pre-existing documents is performed (State-of-the-Art Documents, Scientific Papers, etc.). The hierarchy of the works for the KM documents (Theme Overview, Domain Insight, State-of-Knowledge, Guidance) is closely linked to the generic EURAD Roadmap/GBS (Goals Breakdown Structure). It provides a hierarchical structure that facilitates definition, organisation and communication of topics. All of this allows knowledge to be captured and presented with the level of detail that is required by the end-user, from a broad overview down to an increasing level of detail (pyramid of knowledge). To ensure the quality and consistency of the documents with the overall EURAD KM approach, quality assurance and editorial procedures are applied. Collection of end-user feedback will aid the optimisation and further development of the KM activities. To facilitate the transfer of knowledge, the EURAD KM programme goes beyond documents and strives to facilitate exchange between people and signpost to other resources, such as Training and Mobility activities (also organised by EURAD Work Package 13 Training & Mobility) or Communities of Practice. All these activities will contribute to a useful and end-user-friendly EURAD KM programme that is designed to be operational well beyond the runtime of EURAD-1. This presentation will provide further insight into the approaches, status of work and an outlook on future activities that will support member states with the implementation of their national programmes.

scholarly journals The practic application of traceability principles

2019 ◽  
Vol 81 (2) ◽  
pp. 84-91
Author(s):  
V. K. Kochetov ◽  
N. V. Ageeva
Keyword(s):  
Production Process ◽  
Raw Materials ◽  
Critical Parameters ◽  
End User ◽  
Process Flow ◽  
Traceability System ◽  
Safe Product ◽  
And Control ◽  
To Receive ◽  
Monitor And Control

The procedure of traceability of finished product, the regulating actions for tracking of products, beginning from the raw materials used for production of the single-part randomly chosen consumer package of a product and ending with shipment of this product to distributing facilities and also for tracking of processing of randomly chosen raw materials are offered. The traceability system does not guarantee a complete elimination of risk from arrival to the enterprise of improper raw and other materials, but allows tracking and identifying a source of nonconformance, after receiving of problem in quality of finished product. If a source of nonconformance is raw or other materials, then the manufacturer can allocate responsibilities for damage to property to the supplier of these raw or other materials. The procedure of traceability provides carrying out of training exercises at least once a year for determination of efficiency and working capacity of the current system of traceability, and also for identification and elimination of bottlenecks. For monitor and control over the stages of a process flow on the basis of the available database were proved the critical parameters of production process of confectionery, which control will allow to receive a safe product with the set technological and end-user performances. For monitor and control over the stages of a process flow on the basis of the available database on product traceability were proved the critical parameters of production process of confectionery, which control will allow to receive a safe product with the set technological and end-user performances. The accepted system eliminates a possibility of sales of products of nonconforming quality and allows to go back from the established control procedures that promotes the productivity enhancement.

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 273 TFEU

2019 ◽  
Author(s):  
Bernhard Schima
Keyword(s):  
Subject Matter ◽  
Member States ◽  
Court Of Justice ◽  
The Subject

Article 239 EC The Court of Justice shall have jurisdiction in any dispute between Member States which relates to the subject matter of the Treaties if the dispute is submitted to it under a special agreement between the parties.

11. The Subsistence and Ownership of Copyright and Related Rights

2019 ◽  
pp. 248-276
Author(s):  
Justine Pila ◽  
Paul L.C. Torremans
Keyword(s):  
Subject Matter ◽  
Member States ◽  
Eu Member States ◽  
Rights Protection

This chapter considers the three requirements for copyright and related rights to subsist—the existence of a subject matter of protectable type that is sufficiently connected to the territory of the protecting state and that satisfies any applicable formalities—the combination of international and EU legal sources by which they have been harmonized for EU Member States, and the beneficiaries of the resulting copyright and related rights protection.

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