Websites that work for you

We're a small team based in Scotland. We turn small business websites into effective marketing tools.

Contact Us

Switch to multi-article view to view each article or recital from all three institutions side-by-side

View Commission's Position on Article 16a

EU Commission's Position

As adopted 14th September, 2016

Article 16a

N/A

Article 16a doesn't feature in the Commission's proposal.

View Council's Position on Article 16a

EU Council's Position

As adopted 25th May, 2018

Article 16a

Contractual provisions

Member States shall ensure that any contractual provision which prevents the compliance with the provisions in Articles 14 and 15 of this Directive shall be unenforceable in relation to authors and performers.

EU Commission's Position

As adopted 14th September, 2016

View Council's Position on Article 16a

Article 16a

N/A

Article 16a doesn't feature in the Commission's proposal.

EU Council's Position

As adopted 25th May, 2018

View Commission's Position on Article 16a

Article 16a

Contractual provisions

Member States shall ensure that any contractual provision which prevents the compliance with the provisions in Articles 14 and 15 of this Directive shall be unenforceable in relation to authors and performers.

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 16a (new)

Right of revocation

1. Member States shall ensure that where an author or a performer has licensed or transferred her or his rights concerning a work or other protected subject-matter on an exclusive basis, the author or performer has a right of revocation where there is an absence of exploitation of the work or other protected subject matter or where there is a continuous lack of regular reporting in accordance with Article 14. Member States may provide for specific provisions taking into account the specificities of different sectors and works and anticipated exploitation period, notably provide for time limits for the right of revocation.

2. The right of revocation provided for in paragraph 1 may be exercised only after a reasonable time from the conclusion of the licence or transfer agreement, and only upon written notification setting an appropriate deadline by which the exploitation of the licensed or transferred rights is to take place. After the expiration of that deadline, the author or performer may choose to terminate the exclusivity of the contract instead of revoking the rights. Where a work or other subject-matter contains the contribution of a plurality of authors or performers, the exercise of the individual right of revocation of such authors or performers shall be regulated by national law, laying down the rules on the right of revocation for collective works, taking into account the relative importance of the individual contributions.

3. Paragraphs 1 and 2 shall not apply if the non-exercise of the rights is predominantly due to circumstances which the author or the performer can be reasonably expected to remedy.

4. Contractual or other arrangements derogating from the right of revocation shall be lawful only if concluded by means of an agreement which is based on a collective bargaining agreement.

By continuing to use the site, you agree to the use of cookies. Read more

The cookie settings on this website are set to "allow cookies" to give you the best browsing experience possible. If you continue to use this website without changing your cookie settings or you click "Accept" below then you are consenting to this.

Close