Wednesday 26th September 2018

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View Commission's Position on Recital 25

EU Commission's Position

As adopted 14th September, 2016

Recital 25

Types of works

Considering the variety of works and other subject-matter in the collections of cultural heritage institutions, it is important that the licensing mechanisms introduced by this Directive are available and can be used in practice for different types of works and other subject-matter, including photographs, sound recordings and audiovisual works.

In order to reflect the specificities of different categories of works and other subjectmatter as regards modes of publication and distribution and to facilitate the usability of those mechanisms, specific requirements and procedures may have to be established by Member States for the practical application of those licensing mechanisms.

It is appropriate that Member States consult rightholders, users and collective management organisations when doing so.

View Council's Position on Recital 25

EU Council's Position

As adopted 25th May, 2018

Recital 25

Types of works

Considering the variety of works and other subject-matter in the collections of cultural heritage institutions, it is important that the licensing mechanisms introduced by this Directive are available and can be used in practice for different types of works and other subject-matter, including photographs, software, phonograms, audio visual works and unique works of art, irrespective of whether they have ever been commercially available.

Never-in-commerce works may include posters, leaflets, trench journals or amateur audiovisual works, but also unpublished works or other subject-matter, without prejudice to other applicable legal constraints, such as national rules on moral rights.

When a work is available in any of its different versions, such as subsequent editions of literary works and alternate cuts of cinematographic works, or in any of its different manifestations, such as digital and printed formats of the same work, this work or other subject-matter should not be considered out of commerce.

Conversely, the commercial availability of adaptations, including other language versions or audiovisual adaptations of a literary work, should not preclude the determination of the out-of-commerce status of a work in a given language.

In order to reflect the specificities of different types of works and other subject-matter as regards modes of publication and distribution and to facilitate the usability of those mechanisms, specific requirements and procedures may have to be established for the practical application of those licensing mechanisms, such as a time period which needs to have been elapsed since the first commercial availability of the work.

It is appropriate that Member States consult rightholders, users and collective management organisations when doing so.

EU Commission's Position

As adopted 14th September, 2016

View Council's Position on Recital 25

Recital 25

Types of works

Considering the variety of works and other subject-matter in the collections of cultural heritage institutions, it is important that the licensing mechanisms introduced by this Directive are available and can be used in practice for different types of works and other subject-matter, including photographs, sound recordings and audiovisual works.

In order to reflect the specificities of different categories of works and other subjectmatter as regards modes of publication and distribution and to facilitate the usability of those mechanisms, specific requirements and procedures may have to be established by Member States for the practical application of those licensing mechanisms.

It is appropriate that Member States consult rightholders, users and collective management organisations when doing so.

EU Council's Position

As adopted 25th May, 2018

View Commission's Position on Recital 25

Recital 25

Types of works

Considering the variety of works and other subject-matter in the collections of cultural heritage institutions, it is important that the licensing mechanisms introduced by this Directive are available and can be used in practice for different types of works and other subject-matter, including photographs, software, phonograms, audio visual works and unique works of art, irrespective of whether they have ever been commercially available.

Never-in-commerce works may include posters, leaflets, trench journals or amateur audiovisual works, but also unpublished works or other subject-matter, without prejudice to other applicable legal constraints, such as national rules on moral rights.

When a work is available in any of its different versions, such as subsequent editions of literary works and alternate cuts of cinematographic works, or in any of its different manifestations, such as digital and printed formats of the same work, this work or other subject-matter should not be considered out of commerce.

Conversely, the commercial availability of adaptations, including other language versions or audiovisual adaptations of a literary work, should not preclude the determination of the out-of-commerce status of a work in a given language.

In order to reflect the specificities of different types of works and other subject-matter as regards modes of publication and distribution and to facilitate the usability of those mechanisms, specific requirements and procedures may have to be established for the practical application of those licensing mechanisms, such as a time period which needs to have been elapsed since the first commercial availability of the work.

It is appropriate that Member States consult rightholders, users and collective management organisations when doing so.

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.

Recital 25

Types of works

Considering the variety of works and other subject-matter in the collections of cultural heritage institutions, it is important that the licensing mechanisms introduced by this Directive are available and can be used in practice for different types of works and other subject-matter, including photographs, sound recordings and audiovisual works.

In order to reflect the specificities of different categories of works and other subject-matter as regards modes of publication and distribution and to facilitate the usability of the solutions on the use of out-of-commerce works introduced by this Directive, specific requirements and procedures may have to be established by Member States for the practical application of those licensing mechanisms.

It is appropriate that Member States consult rightholders, cultural heritage institutions and collective management organisations when doing so.