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Study – Paul Keller
In addition to the new exceptions discussed in the previous part, the DSM Directive includes a range of other provisions. These include an optional general ECL provision (Article 12), a provision dealing with access to audiovisual works on Video on Demand platforms, a. provision introducing a new neighbouring right for press publishers (Article 15), a provision entitling publishers to a share of the compensation for uses of a work under a compensated exception (Article 16), and a number of provisions improving the contractual position of authors and performers (Articles 18 – 23). All of these provisions fall outside of the scope of this analysis.
This section will (briefly) discuss the two remaining provisions of the DSM Directive. Article 14 on works of visual art in the public domain and Article 17 on use of protected content by online content-sharing service providers. These provisions are of interest since the either directly concern the practices of cultural heritage institutions (Article 14) or because they have an effect on the system of exceptions and limitations to copyright discussed in the previous section.