Wednesday 26th September 2018

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View Commission's Position on Article 12

EU Commission's Position

As adopted 14th September, 2016

Article 12

Claims to fair compensation

Member States may provide that where an author has transferred or licensed a right to a publisher, such a transfer or a licence constitutes a sufficient legal basis for the publisher to claim a share of the compensation for the uses of the work made under an exception or limitation to the transferred or licensed right.

View Council's Position on Article 12

EU Council's Position

As adopted 25th May, 2018

Article 12

Claims to fair compensation

Member States may provide that where an author has transferred or licensed a right to a publisher, such a transfer or a licence constitutes a sufficient legal basis for the publisher to be entitled to a share of:

(a) the compensation for the uses of the work made under an exception or limitation to the transferred or licensed right; and

(b) the remuneration for public lending provided for in Article 6(1) of Directive 2006/115/EC.

EU Commission's Position

As adopted 14th September, 2016

View Council's Position on Article 12

Article 12

Claims to fair compensation

Member States may provide that where an author has transferred or licensed a right to a publisher, such a transfer or a licence constitutes a sufficient legal basis for the publisher to claim a share of the compensation for the uses of the work made under an exception or limitation to the transferred or licensed right.

EU Council's Position

As adopted 25th May, 2018

View Commission's Position on Article 12

Article 12

Claims to fair compensation

Member States may provide that where an author has transferred or licensed a right to a publisher, such a transfer or a licence constitutes a sufficient legal basis for the publisher to be entitled to a share of:

(a) the compensation for the uses of the work made under an exception or limitation to the transferred or licensed right; and

(b) the remuneration for public lending provided for in Article 6(1) of Directive 2006/115/EC.

EU Parliament's Position

As adopted 12th September, 2018

Update 14th September 2018: This proposal is the version adopted by the EU Parliament on 12th September 2018. Emboldened text denotes an amendment.

Article 12

Claims to fair compensation

Member States with compensation-sharing systems between authors and publishers for exceptions and limitations may provide that where an author has transferred or licensed a right to a publisher, such a transfer or a licence constitutes a sufficient legal basis for the publisher to claim a share of the compensation for the uses of the work made under an exception or limitation to the transferred or licensed right, provided that an equivalent compensation-sharing system was in operation in that Member State before 12 November 2015.

The first paragraph shall be without prejudice to the arrangements in Member States concerning public lending rights, the management of rights not based on exceptions or limitations to copyright, such as extended collective licensing schemes, or concerning remuneration rights on the basis of national law.