Wednesday 26th September 2018

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View Commission's Position on Recital 36

EU Commission's Position

As adopted 14th September, 2016

Recital 36

Compensation for authors and publishers

Publishers, including those of press publications, books or scientific publications, often operate on the basis of the transfer of authors’ rights by means of contractual agreements or statutory provisions.

In this context, publishers make an investment with a view to the exploitation of the works contained in their publications and may in some instances be deprived of revenues where such works are used under exceptions or limitations such as the ones for private copying and reprography.

In a number of Member States compensation for uses under those exceptions is shared between authors and publishers. In order to take account of this situation and improve legal certainty for all concerned parties, Member States should be allowed to determine that, when an author has transferred or licensed his rights to a publisher or otherwise contributes with his works to a publication and there are systems in place to compensate for the harm caused by an exception or limitation, publishers are entitled to claim a share of such compensation, whereas the burden on the publisher to substantiate his claim should not exceed what is required under the system in place.

View Council's Position on Recital 36

EU Council's Position

As adopted 25th May, 2018

Recital 36

Compensation for authors and publishers

Publishers, including those of press publications, books or scientific publications, often operate on the basis of the transfer of authors’ rights by means of contractual agreements or statutory provisions.

In this context, publishers make an investment with a view to the exploitation of the works contained in their publications and may in some instances be deprived of revenues where such works are used under exceptions or limitations, such as the ones for private copying and reprography, including the corresponding existing national schemes for reprography in the Member States, or under public lending schemes.

In a number of Member States the compensation or remuneration for such uses is shared between authors and publishers. In order to take account of this situation and improve legal certainty for all concerned parties, Member States should be allowed but not obliged to determine that, when an author has transferred or licensed his rights to a publisher or a collective management organisation that jointly represents authors and publishers or otherwise contributes with his works to a publication and there are systems in place to compensate for the harm caused by an exception or limitation, publishers are entitled to a share of such compensation.

The same possibility should exist for remuneration for public lending, while Member States should remain free to decide not to provide publishers with such remuneration. Member States should remain free to determine the burden on the publisher to substantiate his claim for the compensation or remuneration and to lay down the conditions as to the sharing of this compensation or remuneration between authors and publishers in accordance with their national systems.

EU Commission's Position

As adopted 14th September, 2016

View Council's Position on Recital 36

Recital 36

Compensation for authors and publishers

Publishers, including those of press publications, books or scientific publications, often operate on the basis of the transfer of authors’ rights by means of contractual agreements or statutory provisions.

In this context, publishers make an investment with a view to the exploitation of the works contained in their publications and may in some instances be deprived of revenues where such works are used under exceptions or limitations such as the ones for private copying and reprography.

In a number of Member States compensation for uses under those exceptions is shared between authors and publishers. In order to take account of this situation and improve legal certainty for all concerned parties, Member States should be allowed to determine that, when an author has transferred or licensed his rights to a publisher or otherwise contributes with his works to a publication and there are systems in place to compensate for the harm caused by an exception or limitation, publishers are entitled to claim a share of such compensation, whereas the burden on the publisher to substantiate his claim should not exceed what is required under the system in place.

EU Council's Position

As adopted 25th May, 2018

View Commission's Position on Recital 36

Recital 36

Compensation for authors and publishers

Publishers, including those of press publications, books or scientific publications, often operate on the basis of the transfer of authors’ rights by means of contractual agreements or statutory provisions.

In this context, publishers make an investment with a view to the exploitation of the works contained in their publications and may in some instances be deprived of revenues where such works are used under exceptions or limitations, such as the ones for private copying and reprography, including the corresponding existing national schemes for reprography in the Member States, or under public lending schemes.

In a number of Member States the compensation or remuneration for such uses is shared between authors and publishers. In order to take account of this situation and improve legal certainty for all concerned parties, Member States should be allowed but not obliged to determine that, when an author has transferred or licensed his rights to a publisher or a collective management organisation that jointly represents authors and publishers or otherwise contributes with his works to a publication and there are systems in place to compensate for the harm caused by an exception or limitation, publishers are entitled to a share of such compensation.

The same possibility should exist for remuneration for public lending, while Member States should remain free to decide not to provide publishers with such remuneration. Member States should remain free to determine the burden on the publisher to substantiate his claim for the compensation or remuneration and to lay down the conditions as to the sharing of this compensation or remuneration between authors and publishers in accordance with their national systems.

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 36

Compensation for authors and publishers

Publishers, including those of press publications, books or scientific publications and music publications, operate on the basis of contractual agreements with authors.

In this context, publishers make an investment and acquire rights, in some fields including rights to claim a share of compensation within joint collective management organisations of authors and publishers, with a view to the exploitation of the works and may therefore also find themselves being deprived of revenues where such works are used under exceptions or limitations such as the ones for private copying and reprography.

In a large number of Member States compensation for uses under those exceptions is shared between authors and publishers. In order to take account of this situation and to improve legal certainty for all concerned parties, Member States should be allowed to provide an equivalent compensation-sharing system if such a system was in operation in that Member State before 12 November 2015.

The share between authors and publishers of such compensation could be set in the internal distribution rules of the collective management organisation acting jointly on behalf of authors and publishers, or set by Members States in law or regulation, in accordance with the equivalent system that was in operation in that Member State before 12 November 2015.

This provision is without prejudice to the arrangements in the Member States concerning public lending rights, the management of rights not based on exceptions or limitations to copyright, such as extended collective licensing schemes, or concerning remuneration rights on the basis of national law.

Recital 36a (new)

The role of cultural and creative industries

Cultural and creative industries (CCIs) play a key role in reindustrialising Europe, are a driver for growth and are in a strategic position to trigger innovative spill-overs in other industrial sectors.

Furthermore CCIs are a driving force for innovation and development of ICT in Europe. Cultural and creative industries in Europe provide more than 12 million full-time jobs, which amounts to 7,5 % of the Union’s work force, creating approximately EUR 509 billion in value added to GDP (5,3 % of the EU’s total GVA). The protection of copyright and related rights are at the core of the CCI’s revenue.