European Union: Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC

June 7, 2019

European Union: The Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC was published in the Official Journal of the European Union on May 17, 2019, and entered into force on June 7, 2019.

The Directive provides, inter alia:

(1) measures to adapt exceptions and limitations to the digital and cross-border environment which include exceptions for (i) text and data mining (TDM exception), (ii) the use of works in digital and cross-border teaching activities, including in the context of the specific accessibility needs of persons with disabilities, and (iii) the preservation of cultural heritage;

(2) measures to improve licensing practices and ensure wider access to content, consisting of harmonized rules facilitating (i) the exploitation of works that are out-of-commerce, (ii) the extension of collective licensing agreements by Collective Management Organizations (CMOs) to rights holders which have neither authorized nor excluded their works from such mechanism, (iii) the negotiation of agreements for the provision of works on video-on-demand platforms (VoD platforms), and (iv) the entry into the public domain of the reproduction of works of visual art upon expiry of the original term of protection; and

(3) measures to achieve a well-functioning marketplace for copyright, relating to the liability for use of press publications, and of protected content by online content-sharing service providers, as well as providing a contract adjustment mechanism for the remuneration of authors and performers.

The Directive aims at modernizing European Union copyright law by taking into account the increasing digital and cross-border uses of protected content.

Member States now have two years, i.e. until June 7, 2021, to implement this Directive into their own national legislation.