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Comments on implementation – Directlinks to posts

  • Exceptions (Art. 3 – 7)
  • TDM/Exception for research purposes (Art. 3 and 4)
  • Exception for education (Art. 5)
  • Exception for cultural heritage (Art. 6)
  • Improvement of licensing and access
  • Orphaned works and preservation of heritage (Art. 8)
  • Cross-border uses (Art. 9)
  • Publicity measures/European Registration (Art. 10)
  • Stakeholder dialogue (Art. 11)
  • Collective licensing (Art. 12)
  • Video-on-demand platforms (Art. 13)
  • Works of visual art in the public domain (Art. 14)
  • Measures for well-functioning marketplace
  • Ancillary copyright for press publishers (Art. 15)
  • Publisher’s compensation (Art. 16)
  • Protected content by online sharing service providers (Art. 17)
  • Remuneration of authors and creatives
  • Transparency/Contract adjustment mechanism (Art. 18 – 20)

Latest posts

  • DSM implementation: what is happening with regards to the other provisions.
  • CJEU hearing: Not even the supporters of Article 17 agree on how it should work
  • DSM directive implementation update: six months to go and no end in sight
  • The new draft bill, part 3 – The ancillary copyright for press publishers
  • The new draft bill, part 2 – Who supports creative individuals?

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Die Linke im Europaparlament
THE LEFT Group Secretariat

Transparency obligation

07/10/2020 eu-admin

Article 19

1. Member States shall ensure that authors and performers receive on a regular basis, at least once a year, and taking into account the specificities of each sector, up to date, relevant and comprehensive information on the exploitation of their works and performances from the parties to whom they have licensed or transferred their rights, or their successors in title, in particular as regards modes of exploitation, all revenues generated and remuneration due.

2. Member States shall ensure that, where the rights referred to in paragraph 1 have subsequently been licensed, authors and performers or their representatives shall, at their request, receive from sub-licensees additional information, in the event that their first contractual counterpart does not hold all the information that would be necessary for the purposes of paragraph 1.

Where that additional information is requested, the first contractual counterpart of authors and performers shall provide information on the identity of those sub-licensees.

Member States may provide that any request to sub-licensees pursuant to the first subparagraph is made directly or indirectly through the contractual counterpart of the author or the performer.

3. The obligation set out in paragraph 1 shall be proportionate and effective in ensuring a high level of transparency in every sector. Member States may provide that in duly justified cases where the administrative burden resulting from the obligation set out in paragraph 1 would become disproportionate in the light of the revenues generated by the exploitation of the work or performance, the obligation is limited to the types and level of information that can reasonably be expected in such cases.

4. Member States may decide that the obligation set out in paragraph 1 of this Article does not apply when the contribution of the author or performer is not significant having regard to the overall work or performance, unless the author or performer demonstrates that he or she requires the information for the exercise of his or her rights under Article 20(1) and requests the information for that purpose.

5. Member States may provide that, for agreements subject to or based on collective bargaining agreements, the transparency rules of the relevant collective bargaining agreement are applicable, on condition that those rules meet the criteria provided for in paragraphs 1 to 4.

6. Where Article 18 of Directive 2014/26/EU is applicable, the obligation laid down in paragraph 1 of this Article shall not apply in respect of agreements concluded by entities defined in Article 3(a) and (b) of that Directive or by other entities subject to the national rules implementing that Directive.

Category: EU-Copyright-Directive
Tags: Art. 19 - Transparency obligation

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Latest Posts

  • DSM implementation: what is happening with regards to the other provisions.
  • CJEU hearing: Not even the supporters of Article 17 agree on how it should work
  • DSM directive implementation update: six months to go and no end in sight
  • The new draft bill, part 3 – The ancillary copyright for press publishers
  • The new draft bill, part 2 – Who supports creative individuals?

Links to other websites

Die Linke im Europaparlament
THE LEFT Group Secretariat

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