Describe the main features of the policy/measure:
The Directive sets out various provisions aiming to modernize the EU copyright framework. One set of measures aims in particular at creating a fairer market place for online content, especially as regards press publications, online content sharing service providers and the remuneration of authors and performers.
Reference is made to the provisions that deal with fair remuneration for authors and perfomers (Arts.18-22) as well as the rules governing the use of content by online content sharing service providers (Art. 17).
The first set of rules (Arts. 18-22) aim at increasing the transparency and balance in the contractual relations between content creators (authors and performers) and their producers and publishers. These rules aim ultimately at strengthening the position of authors and performers.
The objective of Article 17 is to reinforce the position of creators and right holders to negotiate and be remunerated for the online use of their content by certain user-uploaded content platforms. Article 17 also provides certainty to uploaders of content on these services: when acting on a non-commercial basis or when they do not generate significant revenues, they will be covered by the licences service providers conclude with rightholders; they will also be able to benefit from the fact that certain exceptions (e.g. parody, quotation) are made mandatory across the European Union.
In June 2021 the Commission published Guidance on Article 17 of Directive 2019/790 on Copyright in the Digital Single Market (Commission Communication COM(2021)288, available at this link:
https://digital-strategy.ec.europa.eu/news-redirect/708649).
Apart from these provisions, the Directive also sets out specific rules to facilitate the licensing of out-of-commerce works (Arts. 8-11). These new rules will make it easier for cultural heritage institutions to obtain the necessary licences to digitise and make available, notably online and across borders, the out-of-commerce works in their collections.
Website of the policy/measure, if available:
What are the results achieved so far through the implementation of the policy/measure?:
The deadline for transposition of the Directive is 7 June 2021. Member States have not yet implemented it in their national legislation or have only recently done so. Therefore, it is not yet possible to measure the results.
Financial resources allocated to the policy/measure in USD:
This will depend on the Member States of the European Union and what resources may be needed for the implementation. Overall, the most important is that the national implementing rules are in place in the near future and that the enforcement of the rules is supervised.
Partner(s) engaged in the implementation of the measure:
| Name of partner | Type of entity |
|---|---|
Member States will implement the measure in their legislation, following which stakeholders will need to take into account and follow the new rules in their market practices.
| Public Sector
|
Has the implementation of the policy/measure been evaluated?:
NO