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

View Commission's Position on Recital 34a

EU Commission's Position

As adopted 14th September, 2016

Recital 34a

N/A

Recital 34a doesn't feature in the Commission's proposal.

View Council's Position on Recital 34a

EU Council's Position

As adopted 25th May, 2018

Recital 34a

The use of insubstantial parts of press publications

Uses of press publications by information society service providers can consist of the use of entire publications or articles but also of parts of press publications. Such uses of parts of press publications have also gained economic relevance. At the same time, where such parts are insubstantial, the use thereof by information society service providers may not undermine the investments made by publishers of press publications in the production of content. Furthermore, insubstantial parts of press publications are not usually the expression of the intellectual creation of their authors, in accordance with the case law of the Court of Justice of the European Union. Therefore, it is appropriate to provide that the use of insubstantial parts of press publications should not fall within the scope of the rights provided for in this Directive. To determine the insubstantial nature of parts of press publications for the purposes of this Directive, Member States may take into account whether these parts are the expression of the intellectual creation of their authors or whether these parts are limited to individual words or very short excerpts, without independent economic significance, or both criteria.

EU Commission's Position

As adopted 14th September, 2016

View Council's Position on Recital 34a

Recital 34a

N/A

Recital 34a doesn't feature in the Commission's proposal.

EU Council's Position

As adopted 25th May, 2018

View Commission's Position on Recital 34a

Recital 34a

The use of insubstantial parts of press publications

Uses of press publications by information society service providers can consist of the use of entire publications or articles but also of parts of press publications. Such uses of parts of press publications have also gained economic relevance. At the same time, where such parts are insubstantial, the use thereof by information society service providers may not undermine the investments made by publishers of press publications in the production of content. Furthermore, insubstantial parts of press publications are not usually the expression of the intellectual creation of their authors, in accordance with the case law of the Court of Justice of the European Union. Therefore, it is appropriate to provide that the use of insubstantial parts of press publications should not fall within the scope of the rights provided for in this Directive. To determine the insubstantial nature of parts of press publications for the purposes of this Directive, Member States may take into account whether these parts are the expression of the intellectual creation of their authors or whether these parts are limited to individual words or very short excerpts, without independent economic significance, or both criteria.

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 34a

N/A

Recital 34a doesn’t feature in the Parliament’s proposal.

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