Copyright Directive (CDSM)
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Summary
Directive (EU) 2019/790 modernises EU copyright rules for the Digital Single Market, including new rights and exceptions for online uses and cross-border access to content. It introduces rules on the use of protected content by online content-sharing service providers, strengthens authors’ and performers’ contractual position (including transparency and remuneration mechanisms), and creates exceptions for text and data mining. It also provides a new press publishers’ right for online uses of press publications by information society service providers.
Who is affected?
It affects online content-sharing service providers (platforms hosting user-uploaded content), press publishers, authors and performers, collective management organisations, and users such as researchers, cultural heritage institutions, and educational establishments. It also impacts information society service providers that use press publications online and entities performing text and data mining.
Scope
EU-wide rules on copyright and related rights in the Digital Single Market, covering online content-sharing, text and data mining, digital teaching, preservation by cultural heritage institutions, press publishers’ rights, and author/performer contract transparency and remuneration.
Key Points
- Introduces mandatory exceptions for text and data mining (for research organisations/cultural heritage institutions, and a broader exception subject to rights reservations).
- Creates a mandatory exception for digital and cross-border teaching activities and a mandatory exception for preservation of works by cultural heritage institutions.
- Establishes a new related right for press publishers for online use of press publications by information society service providers (with specific exclusions such as hyperlinking and very short extracts).
- Sets a liability and licensing framework for online content-sharing service providers regarding user-uploaded content, including obligations to obtain authorisation and conditions for limiting liability.
- Strengthens authors’ and performers’ contractual position via transparency obligations, a contract adjustment mechanism, alternative dispute resolution, and a revocation right in certain cases.
- Provides rules to facilitate licensing of out-of-commerce works and other measures to improve access to content across the EU.
Key Deadlines
- — Deadline for Member States to transpose the Directive into national law
Related Regulations
Frequently Asked Questions
Who must comply with the Copyright Directive (CDSM)?
The Directive applies to online content-sharing service providers, press publishers, authors and performers, collective management organisations, information society service providers using press publications online, researchers, cultural heritage institutions, educational establishments, and entities performing text and data mining.
What is the main scope of the Copyright Directive?
The Directive modernises EU copyright rules for the Digital Single Market, covering online content-sharing, text and data mining, digital teaching, preservation by cultural heritage institutions, press publishers’ rights, and transparency and remuneration for authors and performers.
What are the key obligations for online content-sharing service providers?
These providers must obtain authorisation from rightsholders to use protected content or demonstrate that they have made best efforts to do so. They are also required to implement measures to prevent unauthorised content from being available and to provide mechanisms for users to contest content removals.
How does the Directive affect press publishers?
Press publishers are granted a new related right over the online use of their press publications by information society service providers, allowing them to seek remuneration for such uses, with exceptions for hyperlinking and very short extracts.
What exceptions does the Directive introduce for text and data mining?
It introduces mandatory exceptions allowing research organisations and cultural heritage institutions to perform text and data mining for scientific research, and a broader exception for other users unless rightsholders have expressly reserved their rights.
How does the Directive strengthen authors’ and performers’ contractual positions?
It introduces transparency obligations for rightsholders, a contract adjustment mechanism for authors and performers to claim additional remuneration, an alternative dispute resolution system, and a right of revocation in certain cases.
What are the penalties for non-compliance with the Directive?
Penalties are determined by each Member State in their national implementing laws, but can include injunctions, damages, and other remedies for infringement of copyright or related rights.
How does the Directive interact with other EU copyright rules?
The Directive complements and updates existing EU copyright legislation, such as the InfoSoc Directive and the Orphan Works Directive, particularly in the context of digital and cross-border uses.
What practical steps should organisations take to comply with the Directive?
Organisations should review and update licensing agreements, implement technical measures to manage content, ensure transparency in author and performer contracts, and adapt internal policies to accommodate new exceptions and rights.
When did the Directive enter into force and what are the implementation timelines?
Directive (EU) 2019/790 entered into force on 7 June 2019. Member States were required to transpose its provisions into national law by 7 June 2021.
Key Terms
- Online Content-Sharing Service Provider (OCSSP)
- A platform that stores and gives the public access to large amounts of copyright-protected works uploaded by users, such as video-sharing or social media sites.
- Press Publishers’ Right
- A new related right granted to press publishers for the online use of their press publications by information society service providers, enabling them to seek remuneration.
- Text and Data Mining (TDM) Exception
- A mandatory exception allowing certain users to copy and analyse large amounts of digital content for research or other purposes, subject to specific conditions.
- Contract Adjustment Mechanism
- A provision allowing authors and performers to claim additional, fair remuneration if the original contract remuneration is disproportionately low compared to the revenues generated.
- Transparency Obligation
- A requirement for rightsholders to provide authors and performers with up-to-date, relevant information on the exploitation of their works and performances.
- Revocation Right
- The right for authors and performers to revoke a licence or transfer of rights if their work is not being exploited as agreed.
- Out-of-Commerce Works
- Works that are no longer commercially available, for which the Directive facilitates collective licensing to improve access.
- Information Society Service Provider (ISSP)
- A provider of any service normally provided for remuneration, at a distance, by electronic means, including those using press publications online.
- Best Efforts Obligation
- The duty of OCSSPs to make best efforts to obtain authorisation and prevent unauthorised content from being available on their platforms.
- Alternative Dispute Resolution (ADR)
- A mechanism provided by the Directive for resolving disputes between authors/performers and rightsholders outside of court.