Wednesday 26th September 2018

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View Commission's Position on Recital 3

EU Commission's Position

As adopted 14th September, 2016

Recital 3

Adaptation of the copyright framework

Rapid technological developments continue to transform the way works and other subject-matter are created, produced, distributed and exploited.

New business models and new actors continue to emerge. The objectives and the principles laid down by the Union copyright framework remain sound. However, legal uncertainty remains, for both rightholders and users, as regards certain uses, including cross-border uses, of works and other subject-matter in the digital environment.

As set out in the Communication of the Commission entitled ‘Towards a modern, more European copyright framework’26, in some areas it is necessary to adapt and supplement the current Union copyright framework.

This Directive provides for rules to adapt certain exceptions and limitations to digital and cross-border environments, as well as measures to facilitate certain licensing practices as regards the dissemination of out-of-commerce works and the online availability of audiovisual works on video-on-demand platforms with a view to ensuring wider access to content.

In order to achieve a well-functioning marketplace for copyright, there should also be rules on rights in publications, on the use of works and other subject-matter by online service providers storing and giving access to user uploaded content and on the transparency of authors’ and performers’ contracts.


26 COM(2015) 626 final.

View Council's Position on Recital 3

EU Council's Position

As adopted 25th May, 2018

Recital 3

Adaptation of the copyright framework

Rapid technological developments continue to transform the way works and other subjectmatter are created, produced, distributed and exploited. New business models and new actors continue to emerge. The objectives and the principles laid down by the Union copyright framework remain sound.

However, legal uncertainty remains, for both rightholders and users, as regards certain uses, including cross-border uses, of works and other subject-matter in the digital environment. As set out in the Communication of the Commission entitled ‘Towards a modern, more European copyright framework’ 3, in some areas it is necessary to adapt and supplement the current Union copyright framework keeping a high level of protection of copyright and related rights.

This Directive provides for rules to adapt certain exceptions and limitations to digital and cross-border environments, as well as measures to facilitate certain licensing practices as regards the dissemination of out-of-commerce works and the online availability of audiovisual works on video-on-demand platforms with a view to ensuring wider access to content.

In order to achieve a well-functioning marketplace for copyright, there should also be rules on rights in publications, on the use of works and other subject-matter by online service providers storing and giving access to user uploaded content and on the transparency of authors’ and performers’ contracts.


3 COM(2015) 0626.

EU Commission's Position

As adopted 14th September, 2016

View Council's Position on Recital 3

Recital 3

Adaptation of the copyright framework

Rapid technological developments continue to transform the way works and other subject-matter are created, produced, distributed and exploited.

New business models and new actors continue to emerge. The objectives and the principles laid down by the Union copyright framework remain sound. However, legal uncertainty remains, for both rightholders and users, as regards certain uses, including cross-border uses, of works and other subject-matter in the digital environment.

As set out in the Communication of the Commission entitled ‘Towards a modern, more European copyright framework’26, in some areas it is necessary to adapt and supplement the current Union copyright framework.

This Directive provides for rules to adapt certain exceptions and limitations to digital and cross-border environments, as well as measures to facilitate certain licensing practices as regards the dissemination of out-of-commerce works and the online availability of audiovisual works on video-on-demand platforms with a view to ensuring wider access to content.

In order to achieve a well-functioning marketplace for copyright, there should also be rules on rights in publications, on the use of works and other subject-matter by online service providers storing and giving access to user uploaded content and on the transparency of authors’ and performers’ contracts.


26 COM(2015) 626 final.

EU Council's Position

As adopted 25th May, 2018

View Commission's Position on Recital 3

Recital 3

Adaptation of the copyright framework

Rapid technological developments continue to transform the way works and other subjectmatter are created, produced, distributed and exploited. New business models and new actors continue to emerge. The objectives and the principles laid down by the Union copyright framework remain sound.

However, legal uncertainty remains, for both rightholders and users, as regards certain uses, including cross-border uses, of works and other subject-matter in the digital environment. As set out in the Communication of the Commission entitled ‘Towards a modern, more European copyright framework’ 3, in some areas it is necessary to adapt and supplement the current Union copyright framework keeping a high level of protection of copyright and related rights.

This Directive provides for rules to adapt certain exceptions and limitations to digital and cross-border environments, as well as measures to facilitate certain licensing practices as regards the dissemination of out-of-commerce works and the online availability of audiovisual works on video-on-demand platforms with a view to ensuring wider access to content.

In order to achieve a well-functioning marketplace for copyright, there should also be rules on rights in publications, on the use of works and other subject-matter by online service providers storing and giving access to user uploaded content and on the transparency of authors’ and performers’ contracts.


3 COM(2015) 0626.

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 3

Adaptation of the copyright framework

Rapid technological developments continue to transform the way works and other subject-matter are created, produced, distributed and exploited, and relevant legislation needs to be future proof so as not to restrict technological development.

New business models and new actors continue to emerge. The objectives and the principles laid down by the Union copyright framework remain sound. However, legal uncertainty remains, for both rightholders and users, as regards certain uses, including cross-border uses, of works and other subject-matter in the digital environment.

As set out in the Communication of the Commission entitled ‘Towards a modern, more European copyright framework’26, in some areas it is necessary to adapt and supplement the current Union copyright framework.

This Directive provides for rules to adapt certain exceptions and limitations to digital and cross-border environments, as well as measures to facilitate certain licensing practices as regards the dissemination of out-of-commerce works and the online availability of audiovisual works on video-on-demand platforms with a view to ensuring wider access to content.

In order to achieve a well-functioning and fair marketplace for copyright, there should also be rules on the exercise and enforcement of the use of works and other subject-matter on online service providers’ platforms and on the transparency of authors’ and performers’ contracts and of the accounting linked with the exploitation of protected works in accordance with those contracts.


26 COM(2015) 0626.