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