Tuesday 19th March 2019

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View Commission's Position on Article 8a

EU Commission's Position

As adopted 14th September, 2016

Article 8a

N/A

Article 8a doesn’t feature in the Commission’s proposal.

View Council's Position on Article 8a

EU Council's Position

As adopted 25th May, 2018

Article 8a

Publicity measures

1. Member States shall ensure that information for the purposes of the identification of the outof-commerce works or other subject-matter as well as information about the possibilities of rightholders referred to in Article 7(1)(c), and, as soon as it is available, information on the parties to the licence, the covered territories and the allowed uses is made publicly accessible in a single online portal from at least six months before the works or other subject-matter are distributed, communicated to the public or made available to the public in accordance with the licence.

The portal shall be established and managed by the European Union Intellectual Property Office in accordance with Regulation (EU) No 386/2012.

2. Member States shall provide that, if necessary for the general awareness of rightholders, further appropriate publicity measures are taken regarding the possibility for collective management organisations to license works or other subject-matter in accordance with Article 7, the licences granted and the possibilities of rightholders referred to in Article 7(1)(c).

The additional appropriate publicity measures shall be taken in the Member State where the licence is sought. If there is evidence, such as the origin of the works or other subject-matter, to suggest that the awareness of rightholders could be more efficiently raised in other Member States or third countries, such publicity measures shall also cover those Member States and third countries.

EU Commission's Position

As adopted 14th September, 2016

View Council's Position on Article 8a

Article 8a

N/A

Article 8a doesn’t feature in the Commission’s proposal.

EU Council's Position

As adopted 25th May, 2018

View Commission's Position on Article 8a

Article 8a

Publicity measures

1. Member States shall ensure that information for the purposes of the identification of the outof-commerce works or other subject-matter as well as information about the possibilities of rightholders referred to in Article 7(1)(c), and, as soon as it is available, information on the parties to the licence, the covered territories and the allowed uses is made publicly accessible in a single online portal from at least six months before the works or other subject-matter are distributed, communicated to the public or made available to the public in accordance with the licence.

The portal shall be established and managed by the European Union Intellectual Property Office in accordance with Regulation (EU) No 386/2012.

2. Member States shall provide that, if necessary for the general awareness of rightholders, further appropriate publicity measures are taken regarding the possibility for collective management organisations to license works or other subject-matter in accordance with Article 7, the licences granted and the possibilities of rightholders referred to in Article 7(1)(c).

The additional appropriate publicity measures shall be taken in the Member State where the licence is sought. If there is evidence, such as the origin of the works or other subject-matter, to suggest that the awareness of rightholders could be more efficiently raised in other Member States or third countries, such publicity measures shall also cover those Member States and third countries.

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 8a

N/A

Article 8a doesn’t feature in Parliament’s adopted proposal. Please review the Council’s position or Article 8.