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

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 15—Protection of Press Publications Concerning Online Uses

This chapter explores the protection of press publications concerning online uses, which is outlines in Article 15 of Directive 2019/790, the European copyright directive in the Digital Single Market. It talks about publishers of press publications established in a Member State with that have the rights for the online use of their press publications by information society service providers. It also clarifies that authors of works incorporated in a press publication may receive an appropriate share of the revenues that press publishers receive for the use of their press publications by information society service providers. The chapter describes a free and pluralist press that is essential to ensure quality journalism and citizens' access to information. It examines the wide availability of press publications online that has given rise to the emergence of new online services, such as news aggregators or media monitoring services.

Article 31—Entry into Force

This chapter includes the dates of the entry into force of the European copyright directive, Directive 2019/790. It points out that this Directive will be implemented on the twentieth day following the date of its publication in the Official Journal of the European Union. The Directive was published in the Official Journal of the European Union on 17 May 2020 and entered into force on 7 June 2019. The chapter also mentions that Directive 2019/790 took effect on 7 June 2019 and was published in the Official Journal of the European Union on 17 May 2020.

Article 24—Amendments to Directives 96/9/EC and 2001/29/EC

This chapter cites Article 24 of the European copyright directive in the Digital Single Market, Directive 2019/790, which begins with an amendment of Directive 96/9/EC on the legal protection of databases. It looks at the replacement of Article 6 of Directive 96/9/EC, which deals with the use of data for the sole purpose of illustration for teaching or scientific research. It also mentions the revision of Article 9 that covers the extraction for the purposes of illustration for teaching or scientific research, which is indicated and justified by a non-commercial purpose. The chapter highlights the amendment of Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society. It discusses the changes in Article 5 of Directive 2001/29/EC, which outlines specific acts of reproduction that are made by publicly accessible libraries, educational establishments, museums, or archives.

Article 18—Principle of Appropriate and Proportionate Remuneration

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 30—Review

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 26—Application in Time

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 22—Right of Revocation

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 16—Claims to Fair Compensation

This chapter talks about claims to fair compensation covered in Article 16 of the European copyright directive, Directive 2019/790. It explains the transfer of a licensed right from a publisher, which constitutes a sufficient legal basis for the publisher to be entitled to a share of the compensation for the use of the work. It also describes publishers, including those of press publications, books or scientific publications and music publications, that operate on the basis of the transfer of authors' rights by means of contractual agreements or statutory provisions. The chapter highlights how publishers make an investment with a view to the exploitation of the works contained in their publications and be deprived of revenues where works are used under exceptions or limitations, such as those for private copying and reprography. It cites several Member States wherein the compensation for uses under exceptions or limitations is shared between authors and publishers.

Copyright in the Digital Single Market

This book provides an article-by-article commentary to the provisions of the 2019 EU Directive on copyright in the Digital Single Market. It investigates the history, objectives, and content of Directive 2019/790's complex provisions as well as the relationship between some of those provisions and between the Directive and the pre-existing acquis. It explains why the EU Directive on copyright in the Digital Single Market is a significant and foundational part of the broader EU copyright architecture. The book aims to navigate the legislative provisions that were adopted in 2019 to make EU copyright fit for the Digital Single Market. It marks two important anniversaries in the EU copyright harmonization history: the thirtieth anniversary of the first ever adopted copyright directive, Software Directive 91/250, and the twentieth anniversary of InfoSoc Directive 2001/29, an ambitious legislative instrument.