### upon a request from the commission , a flag member state shall refuse , suspend or withdraw the authorisation in cases of overriding policy reasons pertaining to the sustainable exploitation , management and conservation of marine biological resources or the prevention or suppression of illegal , unreported or unregulated fishing , or in cases where the union has decided to suspend or sever relations with the third country concerned . ### upon a justified request from the commission , a flag member state shall refuse , suspend or withdraw the authorisation in the event of serious reported cases of illegal , unreported or unregulated fishing operations in the area concerned , or in cases where the union has decided to suspend or sever relations with the third country concerned .


### upon a request from the commission , a flag member state shall refuse , suspend or withdraw the authorisation in cases of overriding policy reasons pertaining to the sustainable exploitation , management and conservation of marine biological resources or the prevention or suppression of illegal , unreported or unregulated fishing , or in cases where the union has decided to suspend or sever relations with the third country concerned . ### upon a reasoned request from the commission , a flag member state shall refuse , suspend or withdraw the authorisation in cases : of imperative grounds of urgency related to a serious threat to the sustainable exploitation , management and conservation of marine biological resources ; where this is essential in order to prevent or suppress illegal , unreported or unregulated fishing ; or in cases where the union has decided to suspend or sever relations with the third country concerned . measures under point shall remain in operation for a maximum period of six months , which may be reviewed if the conditions set out therein continue to apply .


### upon a request from the commission , a flag member state shall refuse , suspend or withdraw the authorisation in cases of overriding policy reasons pertaining to the sustainable exploitation , management and conservation of marine biological resources or the prevention or suppression of illegal , unreported or unregulated fishing , or in cases where the union has decided to suspend or sever relations with the third country concerned . ### the commission may request that the flag member state shall refuse , suspend or withdraw the authorisation in cases of serious threats to the sustainable exploitation , management and conservation of marine biological resources or the prevention or suppression of illegal , unreported or unregulated fishing , or in cases where the union has decided to suspend or sever relations with the third country concerned . the commission shall immediately inform the operator and the flag member state accordingly . the refusal , suspension or withdrawal by the flag member state shall apply only once 20 days have elapsed since the notification of the commission’s request to the flag member state . during the 20 - day period referred to in the first paragraph , the commission shall communicate to the operator and the flag member state the reasons for the request , whether they be concerned with sustainable resource management or with preventing iuu fishing . during the 20 - day period referred to in the first paragraph , the commission , the operator and the flag member state shall consult at the initiative of the commission to ensure that the decision to refuse , withdraw or suspend a fishing authorisation is justified . the commission shall conduct the monitoring in consultation with the flag member state and the authority empowered to issue the authorisation and shall keep them informed regularly of the results of monitoring .


### union fishing vessels operating in waters under the sovereignty or jurisdiction of a third country , under the auspices of a regional fisheries management organisation , in or outside union waters , or on the high seas ; and ### union fishing vessels conducting fishing activities in waters under the sovereignty or jurisdiction of a third country , under the auspices of a regional fisheries management organisation to which the union is a contracting party , or on the high seas ; and


### the operator has paid all fees and financial penalties claimed by the third country competent authority over the past 12 months . ### the operator has paid all fees including , where applicable , financial penalties claimed by the third country competent authority over the past 12 months subject to a final and irrevocable court ruling .


### the commission shall set up and maintain an electronic union fishing authorisation register , made of a public part and a secure part . that register shall : ### the commission shall set up and maintain an electronic register of fishing authorisations issued under titles ii and iii , made of a public part and a secure part . that register shall :


### the objective of the common fisheries policy , as set out in regulation no 1380 / 2013 of the european parliament and of the council 20 , is to ensure that fishing activities are environmentally , economically and socially sustainable and are managed consistently with the objectives of achieving economic , social and employment benefits , and that they are contributing to the availability of food supplies . __________________ 20 regulation no 1380 / 2013 of the european parliament and of the council of 11 december 2013 on the common fisheries policy . ### the objective of the common fisheries policy , as set out in regulation no 1380 / 2013 of the european parliament and of the council 20 , is to ensure that fishing activities are environmentally , economically and socially sustainable and are managed consistently with the objectives of achieving economic , social and employment benefits , and that they are contributing to the availability of food supplies . it is also necessary , in implementing this policy , to take account of development cooperation objectives in accordance with the second subparagraph of article 208 of the treaty on the functioning of the european union . __________________ 20 regulation no 1380 / 2013 of the european parliament and of the council of 11 december 2013 on the common fisheries policy .


### in a third country which became identified or listed as a non - cooperating country in combatting iuu fishing pursuant to articles 31 and 33 of council regulation no 1005 / 2008 ; or ### in a third country which became listed as a non - cooperating country in combating iuu fishing pursuant to article&#160 ; 33 of council regulation no&#160 ; 1005 / 2008 ; or


### when it is satisfied that the conditions in article 11 are met , the commission shall send the application to the third country . ### when it is satisfied that the conditions set out in article 11 , , and are met , the commission shall send the application to the third country before the deadline for the transmission of applications laid down in the sustainable fisheries partnership agreement .


### ‘ observer program’ means a scheme under the auspices of a regional fisheries management organisation that provides observers onboard fishing vessels under certain conditions to verify the vessel’s compliance with the rules adopted by that organisation . ### ‘ observer programme’ means a scheme under the auspices of a country or a regional fisheries management organisation that provides observers on board fishing vessels under certain conditions to collect data and / or verify the vessel’s compliance with the rules adopted by that country or organisation .


### member states shall ensure that authors and performers are entitled to request additional , appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low compared to the subsequent relevant revenues and benefits derived from the exploitation of the works or performances . ### member states may decide whether authors and performers whose contribution is significant having regard to the overall work or performance are entitled to request an adjustment to the contract or additional appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed becomes disproportionately low compared to the subsequent relevant net revenues and benefits derived from the exploitation of the works or performances . when assessing the disproportionality , the corresponding circumstances of each case , including the nature and significance of the contribution of the authors and performers to the overall work or performance , shall be taken into account .


### member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec and article 11 of this directive for reproductions and extractions made by research organisations in order to carry out text and data mining of works or other subject - matter to which they have lawful access for the purposes of scientific research . ### member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive for reproductions and extractions made by research organisations and cultural heritage institutions in order to carry out text and data mining of works or other subject - matter to which they have acquired or lawfully obtained access for the purposes of scientific research .


### the obligation in paragraph 1 shall be proportionate and effective and shall ensure an appropriate level of transparency in every sector . however , in those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance , member states may adjust the obligation in paragraph 1 , provided that the obligation remains effective and ensures an appropriate level of transparency . ### the obligation in paragraph 1 shall be proportionate and effective and shall ensure a high level of transparency in every sector , as well as a right of authors to audit . however , in those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance , member states may adjust the obligation in paragraph 1 , provided that the obligation remains effective and ensures a high level of transparency .


### certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under union law . this is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration . as authors and performers tend to be in a weaker contractual position when they grant licences or transfer their rights , they need information to assess the continued economic value of their rights , compared to the remuneration received for their licence or transfer , but they often face a lack of transparency . therefore , the sharing of adequate information by their contractual counterparts or their successors in title is important for the transparency and balance in the system that governs the remuneration of authors and performers . ### certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under union law . this is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration . as authors and performers are in a weaker contractual position when they grant licences or transfer their rights , they need information to assess the continued economic value of their rights , compared to the remuneration received for their licence or transfer , but they often face a lack of transparency . therefore , the sharing of adequate information by their contractual counterparts and subsequent transferees or licensees , as well as their successors in title is important for the transparency and balance in the system that governs the remuneration of authors and performers . the reporting and transparency obligation should follow the work across all forms of exploitation and across borders .


### member states shall provide for an exception or limitation to the rights provided for in articles 2 and 3 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive in order to allow for the digital use of works and other subject - matter for the sole purpose of illustration for teaching , to the extent justified by the non - commercial purpose to be achieved , provided that the use : ### member states shall provide for an exception or limitation to the rights provided for in articles 2 and 3 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec , article 4 of directive 2009 / 24 / ec and article 11 of this directive in order to allow for the digital use of works and other subject - matter for the sole purpose of illustration for teaching or scientific research , to the extent justified by the non - commercial purpose to be achieved , provided that the use :


### member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec and article 11 of this directive for reproductions and extractions made by research organisations in order to carry out text and data mining of works or other subject - matter to which they have lawful access for the purposes of scientific research . ### member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec and article 11 of this directive for reproductions and extractions made by research organisations in order to carry out text and data mining of works or other subject - matter to which they have lawful access for the purposes of non - commercial use , such as scientific research , for example .


### article 5 and the first , third and fifth subparagraphs of article 6 of directive 2001 / 29 / ec shall apply to the exceptions and the limitation provided for under this title . ### accessing content covered by an exception provided for in this directive shall not confer on users any entitlement to use it pursuant to another exception . 2 . article 5 and the first , third , fourth and fifth subparagraphs of article 6 of directive 2001 / 29 / ec shall apply to the exceptions and the limitation provided for under this title .


### certain contracts for the exploitation of rights harmonised at union level are of long duration , offering few possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title . therefore , without prejudice to the law applicable to contracts in member states , there should be a remuneration adjustment mechanism for cases where the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the relevant revenues and the benefits derived from the exploitation of the work or the fixation of the performance , including in light of the transparency ensured by this directive . the assessment of the situation should take account of the specific circumstances of each case as well as of the specificities and practices of the different content sectors . where the parties do not agree on the adjustment of the remuneration , the author or performer should be entitled to bring a claim before a court or other competent authority . ### most contracts for the exploitation of rights harmonised at union level are for the entire duration of copyright , offering no possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title . therefore , without prejudice to the law applicable to contracts in member states , there should be a remuneration adjustment mechanism for cases where the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the relevant revenues and the benefits derived from the exploitation of the work or the fixation of the performance , including in light of the transparency ensured by this directive . collective bargaining should be considered as an option to reach an agreement . where the parties do not agree on the adjustment of the remuneration , the author or performer should be entitled to bring a claim before a court or other competent authority .


### the obligation in paragraph 1 shall be proportionate and effective and shall ensure an appropriate level of transparency in every sector . however , in those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance , member states may adjust the obligation in paragraph 1 , provided that the obligation remains effective and ensures an appropriate level of transparency . ### the obligation in paragraph 1 shall ensure a high degree of transparency in every sector . however , in those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance , member states may adjust the obligation in paragraph 1 , under the condition that the level of disproportionality is duly justified , provided that the obligation remains effective and ensures an appropriate level of transparency .


### an act of preservation may require a reproduction of a work or other subject - matter in the collection of a cultural heritage institution and consequently the authorisation of the relevant rightholders . cultural heritage institutions are engaged in the preservation of their collections for future generations . digital technologies offer new ways to preserve the heritage contained in those collections but they also create new challenges . in view of these new challenges , it is necessary to adapt the current legal framework by providing a mandatory exception to the right of reproduction in order to allow those acts of preservation . ### an act of preservation may require a reproduction of a work or other subject - matter in the collection of a cultural heritage institution and consequently the authorisation of the relevant rightholders . cultural heritage institutions are engaged in the preservation of cultural heritage for future generations . digital technologies offer new ways to preserve the heritage contained in the collections of cultural heritage institutions , but they also create new challenges . one such challenge is the systematic collection and preservation of works which are not originally published by traditional analogue means , but originate in a digital form . whereas publishers in member states are typically obliged to provide a reference copy of each published work to certain cultural heritage institutions for archiving purposes , such obligations often do not apply to born - digital works . in the absence of the provision of reference copies by the authors or publishers of born - digital works , cultural heritage institutions should be allowed to make reproductions of born - digital works at their own initiative whenever they are openly available on the internet , in order to add them to their permanent collections . cultural heritage institutions also engage in making internal reproductions for many varying purposes including insurance , rights clearance , and loans . in view of these possible new challenges , it is necessary to adapt the current legal framework by providing a mandatory exception to the right of reproduction .


### where information society service providers store and provide access to the public to copyright protected works or other subject - matter uploaded by their users , thereby going beyond the mere provision of physical facilities and performing an act of communication to the public , they are obliged to conclude licensing agreements with rightholders , unless they are eligible for the liability exemption provided in article 14 of directive 2000 / 31 / ec of the european parliament and of the council34 . in respect of article 14 , it is necessary to verify whether the service provider plays an active role , including by optimising the presentation of the uploaded works or subject - matter or promoting them , irrespective of the nature of the means used therefore . in order to ensure the functioning of any licensing agreement , information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject - matter uploaded by their users should take appropriate and proportionate measures to ensure protection of works or other subject - matter , such as implementing effective technologies . this obligation should also apply when the information society service providers are eligible for the liability exemption provided in article 14 of directive 2000 / 31 / ec . __________________ 34 directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market . ### where information society service providers store and / or provide access to the public to copyright protected works or other subject - matter uploaded by their users , thereby going beyond the mere provision of physical facilities and performing both an act of communication to the public and an act of reproduction , they should be obliged to conclude fair and balanced licensing agreements with rightholders that request such an agreement , in order to ensure the protection of rightholders’ legitimate interests and their fair remuneration , unless they are eligible for the liability exemption provided in article 14 of directive 2000 / 31 / ec of the european parliament and of the council34 . in respect of article 14 of directive 2000 / 31 / ec and eligibility for the liability exemption provided therein , it is necessary to verify the extent of the role played by the information society service provider . where the provider plays an active role , including by optimising the presentation of the uploaded works or subject - matter , promoting them or commercially exploiting them , irrespective of the nature of the means used therefor , the provider should no longer be considered to be merely hosting such content and should therefore be considered ineligible for the liability exemption . in order to ensure the functioning of any licensing agreement , or , in the absence of such an agreement , to prevent the unauthorised making available on their service of works or other - subject matter identified by their rightholders , information society service providers storing and / or providing access to the public to significant amounts of copyright protected works or other subject - matter uploaded by their users should take , in cooperation with rightholders , appropriate and proportionate measures to ensure protection of works or other subject - matter , such as implementing effective technologies , and facilitate effective and transparent reporting to rightholders . this obligation should also apply when the information society service providers are eligible for the liability exemption provided in article 14 of directive 2000 / 31 / ec . this obligation should not apply to online marketplaces . __________________ 34 directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market .


### this legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database . the new exception should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in article 5 of directive 2001 / 29 , which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception . research organisations should also benefit from the exception when they engage into public - private partnerships . ### this legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database . the new exception should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in article 5 of directive 2001 / 29 , which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception . research organisations should also benefit from the exception when they engage into public - private partnerships , as long as the company participating in the partnership also has legal access to the works or other protected subject matter .


### the obligation in paragraph 1 shall be proportionate and effective and shall ensure an appropriate level of transparency in every sector . however , in those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance , member states may adjust the obligation in paragraph 1 , provided that the obligation remains effective and ensures an appropriate level of transparency . ### the obligation in paragraph 1 shall be proportionate and effective and shall ensure a high level of transparency in every sector , as well as a right of the author and performer to audit . however , in those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance , member states may adjust the obligation in paragraph 1 , provided that the obligation remains effective , enforceable and ensures an appropriate level of transparency .


### a free and pluralist press is essential to ensure quality journalism and citizens ' access to information . it provides a fundamental contribution to public debate and the proper functioning of a democratic society . in the transition from print to digital , publishers of press publications are facing problems in licensing the online use of their publications and recouping their investments . in the absence of recognition of publishers of press publications as rightholders , licensing and enforcement in the digital environment is often complex and inefficient . ### a free and pluralist press is essential to ensure quality and fairly remunerated journalism and citizens ' access to information . it provides a fundamental contribution to public debate and the proper functioning of a democratic society . in the transition from print to digital , publishers of press publications are facing problems in licensing the online use of their publications and recouping their investments . online services , such as news aggregators and search engines , have increasingly developed their activities by making profits from the content of press publishers . such profits are not shared fairly with journalists and publishers . in the absence of recognition of publishers of press publications as rightholders , licensing and enforcement in the digital environment are often complex and inefficient .


### rightholders shall be allowed to apply measures to ensure the security and integrity of the networks and databases where the works or other subject - matter are hosted . such measures shall not go beyond what is necessary to achieve that objective . ### rightholders shall be allowed to apply proportionate measures to ensure the security and integrity of the networks and databases where the works or other subject - matter are hosted . such measures shall not go beyond what is necessary to achieve that objective and shall not prevent or hinder research organisations from enjoying the exception provided for in paragraph 1 .


### in respect of article 14 , it is necessary to verify whether the service provider plays an active role , including by optimising the presentation of the uploaded works or subject - matter or promoting them , irrespective of the nature of the means used therefor . ### in respect of the application of article 14 of directive 2000 / 31 / ec , it is necessary to verify whether the role played by the service provider is an active one . an active role includes , amongst other matters , optimisation for the purposes of presentation by the service of the uploaded works or subject - matter or promoting them , irrespective of the nature of the means used therefore . in this event , the service providers may not invoke the exemption from liability contained in article 14 .


### for the purposes of this directive , it is necessary to define the concept of press publication in a way that embraces only journalistic publications , published by a service provider , periodically or regularly updated in any media , for the purpose of informing or entertaining . such publications would include , for instance , daily newspapers , weekly or monthly magazines of general or special interest and news websites . periodical publications which are published for scientific or academic purposes , such as scientific journals , should not be covered by the protection granted to press publications under this directive . this protection does not extend to acts of hyperlinking which do not constitute communication to the public . ### for the purposes of this directive , it is necessary to define the concept of press publication in a way that embraces only journalistic publications , published by a service provider , periodically or regularly updated in any media , for the purpose of informing or entertaining . such publications would include , for instance , daily newspapers , weekly or monthly magazines of general or special interest and news websites . periodical publications which are published for scientific or academic purposes , such as scientific journals , should not be covered by the protection granted to press publications under this directive . this protection does not extend to acts of a computation referencing or indexing system such as hyperlinking .


### member states shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector , timely , adequate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights , notably as regards modes of exploitation , revenues generated and remuneration due . ### member states shall ensure that authors and performers receive at least once a year and taking into account the specificities of each sector , timely , adequate , accurate and sufficient information on the exploitation and promotion of their works and performances from those to whom they have directly licensed , assigned or transferred their rights , notably as regards modes of exploitation , promotional activities undertaken , revenues generated and remuneration due .


### member states shall ensure that authors and performers are entitled to request additional , appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low compared to the subsequent relevant revenues and benefits derived from the exploitation of the works or performances . ### member states shall ensure that authors and performers are entitled to additional equitable remuneration derived from the exploitation of their works . the additional remuneration shall be adjusted for the party with whom a contract for the exploitation of the rights was entered into , when the remuneration originally agreed is disproportionately lower than the net revenues and benefits received and provided for at the start of such exploitation .


### in order to ensure the functioning of any licensing agreement , information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject - matter uploaded by their users should take appropriate and proportionate measures to ensure protection of works or other subject - matter , such as implementing effective technologies . this obligation should also apply when the information society service providers are eligible for the liability exemption provided in article 14 of directive 2000 / 31 / ec . ### in order to ensure the functioning of any licensing agreement , information society service providers storing and providing access to the public to copyright protected works or other subject - matter uploaded by their users should take appropriate and proportionate measures to ensure protection of works or other subject - matter .


### while distance learning and cross - border education programmes are mostly developed at higher education level , digital tools and resources are increasingly used at all education levels , in particular to improve and enrich the learning experience . the exception or limitation provided for in this directive should therefore benefit all educational establishments in primary , secondary , vocational and higher education to the extent they pursue their educational activity for a non - commercial purpose . the organisational structure and the means of funding of an educational establishment are not the decisive factors to determine the non - commercial nature of the activity . ### while distance learning and cross - border education programmes are mostly developed at higher education level , digital tools and resources are increasingly used at all education levels , in particular to improve and enrich the learning experience . the exception or limitation provided for in this directive should therefore benefit all educational establishments recognised by the member state in which they are established and involved in primary , secondary , vocational and higher education , as well as any entities that are certified by the member state in which they are established to carry out specific teaching activities to the extent that they pursue their educational activity for a non - commercial purpose . the organisational structure and the means of funding of an educational establishment or of a certified entity are not the decisive factors in determining the non - commercial nature of the activity .


### the exception or limitation should cover digital uses of works and other subject - matter such as the use of parts or extracts of works to support , enrich or complement the teaching , including the related learning activities . the use of the works or other subject - matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments , including during examinations , and be limited to what is necessary for the purpose of such activities . the exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment ' s secure electronic network , the access to which should be protected , notably by authentication procedures . the exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching . ### the exception or limitation should cover all uses of works and other subject - matter such as the use of parts or extracts of works to support , enrich or complement the teaching , including the related learning activities . the use of the works or other subject - matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of establishments pursuing educational activities , including during examinations , and be limited to what is necessary for the purpose of such activities . the exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment ' s secure electronic network , the access to which should be protected , notably by authentication procedures . the exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching .


### to facilitate the licensing of rights in audiovisual works to video - on - demand platforms , this directive requires member states to set up a negotiation mechanism allowing parties willing to conclude an agreement to rely on the assistance of an impartial body . the body should meet with the parties and help with the negotiations by providing professional and external advice . against that background , member states should decide on the conditions of the functioning of the negotiation mechanism , including the timing and duration of the assistance to negotiations and the bearing of the costs . member states should ensure that administrative and financial burdens remain proportionate to guarantee the efficiency of the negotiation forum . ### to facilitate the licensing of rights in audiovisual works , relevant rights are consolidated with the producer by law or by contract . in order to promote cultural diversity and the availability of works on video - on - demand platforms , this directive requires member states to set up a facilitation mechanism , managed by an existing or newly - established national body , allowing relevant parties willing to conclude an agreement for the licensing of audiovisual works to video - on - demand platforms to rely on the assistance of an impartial body . where a negotiation involves parties from different member states , they should agree beforehand on which member state is to be competent in the event that the facilitation mechanism is required . the body should meet with the parties and facilitate the negotiations by providing professional and external advice . against that background , member states should decide on the conditions of the functioning of the facilitation mechanism , including the timing and duration of the assistance to negotiations and the division of any costs arising . member states should ensure that administrative and financial burdens remain proportionate to guarantee the efficiency of the facilitation forum . in order to encourage the continuous exploitation of audiovisual works on video - on - demand platforms , member states should foster dialogue between representative organisations of authors , producers , video - on - demand platforms and other relevant stakeholders .


### while distance learning and cross - border education programmes are mostly developed at higher education level , digital tools and resources are increasingly used at all education levels , in particular to improve and enrich the learning experience . the exception or limitation provided for in this directive should therefore benefit all educational establishments in primary , secondary , vocational and higher education to the extent they pursue their educational activity for a non - commercial purpose . the organisational structure and the means of funding of an educational establishment are not the decisive factors to determine the non - commercial nature of the activity . ### while distance learning and cross - border education programmes are mostly developed at higher education level , digital tools and resources are increasingly used at all education levels , in particular to improve and enrich the learning experience . the exception or limitation provided for in this directive should therefore benefit all educational establishments in primary , secondary , vocational and higher education to the extent they pursue their educational activity for a non - commercial purpose and are recognised as such or accredited as educational establishments by the relevant national authority . the organisational structure and the means of funding of an educational establishment are not the decisive factors to determine the non - commercial nature of the activity .


### 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 . ### publishers , including those of press publications , books or scientific publications or musical works , 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 .


### in order to ensure the functioning of any licensing agreement , information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject - matter uploaded by their users should take appropriate and proportionate measures to ensure protection of works or other subject - matter , such as implementing effective technologies . this obligation should also apply when the information society service providers are eligible for the liability exemption provided in article 14 of directive 2000 / 31 / ec . ### in order to ensure the functioning of any licensing agreement , or to prevent the unauthorized availability of their services in respect of content not covered by such contracts , information society service providers storing , indexing , classifying or providing access to the public to copyright protected works or other subject - matter should take appropriate and proportionate measures to ensure protection of works or other subject - matter , such as implementing effective technologies . this obligation should also apply when the information society service providers are eligible for the liability exemption provided in article 14 of directive 2000 / 31 / ec .


### the exception or limitation should cover digital uses of works and other subject - matter such as the use of parts or extracts of works to support , enrich or complement the teaching , including the related learning activities . the use of the works or other subject - matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments , including during examinations , and be limited to what is necessary for the purpose of such activities . the exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment ' s secure electronic network , the access to which should be protected , notably by authentication procedures . the exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching . ### the exception or limitation should cover all uses of works and other subject - matter , digital or otherwise , such as the use of parts or extracts of works to support , enrich or complement the teaching , including the related learning activities . the notion of ' illustration for teaching ' is usually understood as the use of a work to give examples and to explain or support a course . the use of the works or other subject - matter under the exception or limitation should be only in the context of teaching and learning activities , including during examinations , and be limited to what is necessary for the purpose of such activities . the exception or limitation should cover both offline uses such as uses in the classroom or in organisations , such as libraries and other cultural heritage institutions involved in teaching activities and online uses through the educational establishment ' s secure electronic network , the access to which should be protected , notably by authentication procedures . the exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching .


### member states should therefore be required to provide for an exception to permit cultural heritage institutions to reproduce works and other subject - matter permanently in their collections for preservation purposes , for example to address technological obsolescence or the degradation of original supports . such an exception should allow for the making of copies by the appropriate preservation tool , means or technology , in the required number and at any point in the life of a work or other subject - matter to the extent required in order to produce a copy for preservation purposes only . ### member states should therefore be required to provide for an exception to permit cultural heritage institutions to reproduce works and other subject - matter permanently in their collections for preservation purposes , for example to address technological obsolescence or the degradation of original supports or for the purpose of digitisation . such an exception should allow for the making of copies in any format or medium by the appropriate preservation tool , means or technology , in the required number and at any point in the life of a work or other subject - matter to the extent required in order to produce a copy for preservation purposes only . such an exception should cover both cultural heritage institutions holding the works or other subject - matter and third parties mandated by such cultural heritage institutions to reproduce the works or other subject - matter within the scope of the exception .


### new technologies enable the automated computational analysis of information in digital form , such as text , sounds , images or data , generally known as text and data mining . those technologies allow researchers to process large amounts of information to gain new knowledge and discover new trends . whilst text and data mining technologies are prevalent across the digital economy , there is widespread acknowledgment that text and data mining can in particular benefit the research community and in so doing encourage innovation . however , in the union , research organisations such as universities and research institutes are confronted with legal uncertainty as to the extent to which they can perform text and data mining of content . in certain instances , text and data mining may involve acts protected by copyright and / or by the sui generis database right , notably the reproduction of works or other subject - matter and / or the extraction of contents from a database . where there is no exception or limitation which applies , an authorisation to undertake such acts would be required from rightholders . text and data mining may also be carried out in relation to mere facts or data which are not protected by copyright and in such instances no authorisation would be required . ### new technologies enable the automated computational analysis of information in digital form , such as text , sounds , images or any other type of data , generally known as text and data mining . those technologies allow the processing of large amounts of digitally stored information to gain new knowledge and discover new trends . whilst text and data mining technologies are prevalent across the digital economy , there is widespread acknowledgment that text and data mining can in particular benefit the research community and in so doing encourage innovation . however , in the union , individuals , public and private entities who have legal access to content are confronted with legal uncertainty as to the extent to which they can perform text and data mining of content . in certain instances , text and data mining may involve acts protected by copyright and / or by the sui generis database right , notably the reproduction of works or other subject - matter and / or the extraction of contents from a database . where there is no exception or limitation which applies , an authorisation to undertake such acts would be required from rightholders . no authorisation would be required in cases where text or data mining is carried out in relation to mere facts or data which are not protected by copyright . the right to read is in effect the same as the right to mine .


### member states shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector , timely , adequate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights , notably as regards modes of exploitation , revenues generated and remuneration due . ### member states shall ensure that authors and performers receive&#160 ; upon request once a year at the most and taking into account the specificities of each sector , timely , adequate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights , notably as regards modes of exploitation , revenues generated and remuneration due . this claim does not apply to subordinate contributions to works .


### the directives which have been adopted in the area of copyright and related rights provide for a high level of protection for rightholders and create a framework wherein the exploitation of works and other protected subject - matter can take place . this harmonised legal framework contributes to the good functioning of the internal market ; it stimulates innovation , creativity , investment and production of new content , also in the digital environment . the protection provided by this legal framework also contributes to the union ' s objective of respecting and promoting cultural diversity while at the same time bringing the european common cultural heritage to the fore . article 167 of the treaty on the functioning of the european union requires the union to take cultural aspects into account in its action . ### the directives which have been adopted in the area of copyright and related rights provide for a high level of protection for rightholders and create a framework wherein the exploitation of works and other protected subject - matter can take place . this harmonised legal framework contributes to the good functioning of the truly integrated internal market ; it stimulates innovation , creativity , investment and production of new content , also in the digital environment . the protection provided by this legal framework also contributes to the union ' s objective of respecting and promoting cultural diversity while at the same time bringing the european common cultural heritage to the fore . article 167 of the treaty on the functioning of the european union requires the union to take cultural aspects into account in its action .


### member states shall ensure that authors and performers are entitled to request additional , appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low compared to the subsequent relevant revenues and benefits derived from the exploitation of the works or performances . ### member states may require that authors and performers are entitled to request additional , appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is clearly disproportionately compared to the unanticipated subsequent relevant net revenues derived from the exploitation of the works or performances


### different arrangements , based on the implementation of the exception provided for in directive 2001 / 29 / ec or on licensing agreements covering further uses , are in place in a number of member states in order to facilitate educational uses of works and other subject - matter . such arrangements have usually been developed taking account of the needs of educational establishments and different levels of education . whereas it is essential to harmonise the scope of the new mandatory exception or limitation in relation to digital uses and cross - border teaching activities , the modalities of implementation may differ from a member state to another , to the extent they do not hamper the effective application of the exception or limitation or cross - border uses . this should allow member states to build on the existing arrangements concluded at national level . in particular , member states could decide to subject the application of the exception or limitation , fully or partially , to the availability of adequate licences , covering at least the same uses as those allowed under the exception . this mechanism would , for example , allow giving precedence to licences for materials which are primarily intended for the educational market . in order to avoid that such mechanism results in legal uncertainty or administrative burden for educational establishments , member states adopting this approach should take concrete measures to ensure that licensing schemes allowing digital uses of works or other subject - matter for the purpose of illustration for teaching are easily available and that educational establishments are aware of the existence of such licensing schemes . ### different arrangements , based on the implementation of the exception provided for in directive 2001 / 29 / ec or on licensing agreements covering further uses , are in place in a number of member states in order to facilitate educational uses of works and other subject - matter . such arrangements have usually been developed taking account of the needs of educational establishments and different levels of education . whereas it is essential to harmonise the scope of the new mandatory exception or limitation in relation to digital uses and cross - border teaching activities , the modalities of implementation may differ from a member state to another , to the extent they do not hamper the effective application of the exception or limitation or cross - border uses . this should allow member states to build on the existing arrangements concluded at national level . in particular , member states could decide to subject the application of the exception or limitation , fully or partially , to the availability of adequate licences , covering at least the same uses as those allowed under the exception . this mechanism would , for example , allow giving precedence to licences for materials which are primarily intended for the educational market . in order to avoid that such mechanism results in legal uncertainty or administrative burden for educational establishments , member states adopting this approach should take concrete measures to ensure that licensing schemes allowing digital uses of works or other subject - matter for the purpose of illustration for teaching are easily available and that educational establishments are aware of the existence of such licensing schemes . in order to ensure the availability and accessibility of such licences for beneficiaries , member states are encouraged to develop appropriate tools , such as a single portal or database .


### member states should therefore be required to provide for an exception to permit cultural heritage institutions to reproduce works and other subject - matter permanently in their collections for preservation purposes , for example to address technological obsolescence or the degradation of original supports . such an exception should allow for the making of copies by the appropriate preservation tool , means or technology , in the required number and at any point in the life of a work or other subject - matter to the extent required in order to produce a copy for preservation purposes only . ### member states should therefore be required to provide for an exception to permit cultural heritage institutions and educational establishments to reproduce works and other subject - matter permanently in their collections for the purpose of carrying out their public interest mission in preservation , research , education , culture and teaching , for example to address technological obsolescence or the degradation of original supports , to build collections of born - digital works or for the purpose of digitisation . such an exception should allow for the making of copies in any format or medium at any point in the life of a work or other subject - matter and to the extent required for such reproduction , including via partnerships with other institutions or third parties , which could be requested to perform the act of reproduction on behalf of a cultural heritage institution within the scope of the exception .


### member states shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector , timely , adequate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights , notably as regards modes of exploitation , revenues generated and remuneration due . ### member states shall ensure that authors , performers , publishers , producers and their respective successors in title , in connection with the licensing agreements under article 13 , receive on a regular basis and taking into account the specificities of each sector , timely , adequate , accurate and sufficient information and reporting on the exploitation of their works , plays and performances from those to whom they have licensed or transferred their rights , notably by indicating modes of exploitation , modes of promotion , revenues generated and remuneration due .


### where information society service providers store and provide access to the public to copyright protected works or other subject - matter uploaded by their users , thereby going beyond the mere provision of physical facilities and performing an act of communication to the public , they are obliged to conclude licensing agreements with rightholders , unless they are eligible for the liability exemption provided in article 14 of directive 2000 / 31 / ec of the european parliament and of the council34 . in respect of article 14 , it is necessary to verify whether the service provider plays an active role , including by optimising the presentation of the uploaded works or subject - matter or promoting them , irrespective of the nature of the means used therefore . in order to ensure the functioning of any licensing agreement , information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject - matter uploaded by their users should take appropriate and proportionate measures to ensure protection of works or other subject - matter , such as implementing effective technologies . this obligation should also apply when the information society service providers are eligible for the liability exemption provided in article 14 of directive 2000 / 31 / ec . __________________ 34 directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market . ### where information society service providers store and / or provide access to the public to copyright protected works or other subject - matter uploaded by their users , thereby going beyond the mere provision of physical facilities and performing both an act of communication to the public and an act of reproduction , they should be obliged to conclude fair and balanced licensing agreements with rightholders that request such an agreement , in order to ensure the protection of rightholders’ legitimate interests and their fair remuneration , unless they are eligible for the liability exemption provided in article 14 of directive 2000 / 31 / ec of the european parliament and of the council34 . in respect of article 14 of directive 2000 / 31 / ec and eligibility for the liability exemption provided therein , it is necessary to verify the extent of the role played by the information society service provider . where the provider plays an active role , including by optimising the presentation of the uploaded works or subject - matter , promoting them or commercially exploiting them , irrespective of the nature of the means used therefor , the provider should no longer be considered to be merely hosting such content and should therefore be considered ineligible for the liability exemption . in order to ensure the functioning of any licensing agreement , or , in the absence of such an agreement , to prevent the unauthorised making available on their service of works or other - subject matter identified by their rightholders , information society service providers storing and / or providing access to the public to significant amounts of copyright protected works or other subject - matter uploaded by their users should take , in cooperation with rightholders , appropriate and proportionate measures to ensure protection of works or other subject - matter , such as implementing effective technologies , and facilitate effective and transparent reporting to rightholders . this obligation should also apply when the information society service providers are eligible for the liability exemption provided in article 14 of directive 2000 / 31 / ec . this obligation should not apply to online marketplaces . __________________ 34 directive 2000 / 31 / ec of the european parliament and of the council of 8 june 2000 on certain legal aspects of information society services , in particular electronic commerce , in the internal market .


### on a non - for - profit basis or by reinvesting all the profits in its scientific research ; or ### on a not - for - profit basis or by reinvesting all the profits in its scientific research ; or


### member states should therefore be required to provide for an exception to permit cultural heritage institutions to reproduce works and other subject - matter permanently in their collections for preservation purposes , for example to address technological obsolescence or the degradation of original supports . such an exception should allow for the making of copies by the appropriate preservation tool , means or technology , in the required number and at any point in the life of a work or other subject - matter to the extent required in order to produce a copy for preservation purposes only . ### member states should therefore be required to provide for an exception to permit cultural heritage institutions and educational establishments to reproduce works and other subject - matter , digitally or otherwise , permanently in their collections for preservation purposes , for example to address technological obsolescence or the degradation of original supports . such an exception should allow for the making of copies in any format by the appropriate preservation tool , means or technology , in the required number and at any point in the life of a work or other subject - matter to the extent required in order to produce a copy for preservation purposes only .


### certain contracts for the exploitation of rights harmonised at union level are of long duration , offering few possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title . therefore , without prejudice to the law applicable to contracts in member states , there should be a remuneration adjustment mechanism for cases where the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the relevant revenues and the benefits derived from the exploitation of the work or the fixation of the performance , including in light of the transparency ensured by this directive . the assessment of the situation should take account of the specific circumstances of each case as well as of the specificities and practices of the different content sectors . where the parties do not agree on the adjustment of the remuneration , the author or performer should be entitled to bring a claim before a court or other competent authority . ### certain contracts for the exploitation of rights harmonised at union level are of long duration , offering few possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title . therefore , without prejudice to the law applicable to contracts in member states , a remuneration adjustment mechanism should be introduced for cases where the remuneration originally agreed under a licence or a transfer of rights is clearly disproportionately low compared to the unanticipated relevant net revenues derived from the exploitation of the work or the fixation of the performance , including in light of the transparency ensured by this directive . the assessment of the situation should take account of the specific circumstances of each case as well as of the specificities and practices of the different content sectors . where the parties do not agree on the adjustment of the remuneration , the author or performer should be entitled to bring a claim before a court or other competent authority . such remuneration adjustment mechanism should only apply to direct contractual parties . it should not apply when the contribution of the author or performer is not significant having regard the overall work or performance .


### member states shall ensure that authors and performers are entitled to request additional , appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low compared to the subsequent relevant revenues and benefits derived from the exploitation of the works or performances . ### member states shall furthermore ensure that authors and performers are entitled to request additional , appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low compared to the subsequent relevant revenues and benefits derived from the exploitation of the works or performances .


### member states shall ensure that authors and performers are entitled to request additional , appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low compared to the subsequent relevant revenues and benefits derived from the exploitation of the works or performances . ### member states shall ensure that authors and performers are entitled to additional equitable remuneration derived from the exploitation of their works . the additional remuneration shall be adjusted for the party with whom a contract for the exploitation of the rights was entered into , when the remuneration originally agreed is disproportionately lower than the net revenues and benefits received and provided for at the start of such exploitation .


### member states should therefore be required to provide for an exception to permit cultural heritage institutions to reproduce works and other subject - matter permanently in their collections for preservation purposes , for example to address technological obsolescence or the degradation of original supports . such an exception should allow for the making of copies by the appropriate preservation tool , means or technology , in the required number and at any point in the life of a work or other subject - matter to the extent required in order to produce a copy for preservation purposes only . ### member states should therefore be required to provide for an exception to permit cultural heritage institutions , research organisations and educational establishments to reproduce works and other subject - matter permanently in their collections for the purpose of carrying out their public interest mission in preservation , research , education , culture and teaching , for example to address technological obsolescence or the degradation of original supports or for the purpose of digitisation . such an exception should allow for the making of copies in any format or medium by the appropriate preservation tool , means or technology , in the required number and at any point in the life of a work or other subject - matter to the extent required for such reproduction of the work , including in partnership with other institutions or third countries .


### a work or other subject - matter shall be deemed to be out of commerce when the whole work or other subject - matter , in all its translations , versions and manifestations , is not available to the public through customary channels of commerce and cannot be reasonably expected to become so . ### a work or other subject - matter shall be deemed to be out of commerce when the whole work or other subject - matter , in all its versions and manifestations , is not available to the public through customary channels of commerce and cannot be reasonably expected to become so in the member states where the cultural heritage institution is established .


### member states shall ensure a regular dialogue between representative users ' and rightholders ' organisations , and any other relevant stakeholder organisations , to , on a sector - specific basis , foster the relevance and usability of the licensing mechanisms referred to in article 7 , ensure the effectiveness of the safeguards for rightholders referred to in this chapter , notably as regards publicity measures , and , where applicable , assist in the establishment of the requirements referred to in the second subparagraph of article 7 . ### member states shall ensure a regular , sector - specific dialogue between representative users ' and rightholders ' organisations , and any other relevant stakeholder organisations , to foster the relevance and usability of the licensing mechanisms referred to in article 7 ensure the effectiveness of the safeguards for rightholders referred to in this chapter , notably as regards publicity measures , and , where applicable , assist in the establishment of the requirements referred to in the second subparagraph of article 7 , in particular regarding the representativeness of collective management organisations and the categorisation of works .


### rapid technological developments continue to transform the way works and other subject - matter are created , produced , distributed and exploited . 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 marketplace for copyright , there should also be rules on rights in publications , on the use of works and other subject - matter by online service providers storing and giving access to user uploaded content and on the transparency of authors ' and performers ' contracts . __________________ 26 com 626 final . ### 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 to not 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 use of works and other subject - matter on online service providers and on the transparency of authors ' and performers ' contracts and of the accounting deriving from the exploitation of protected works according to those contracts . __________________ 26 com 626 final .


### authors and performers are often reluctant to enforce their rights against their contractual partners before a court or tribunal . member states should therefore provide for an alternative dispute resolution procedure that addresses claims related to obligations of transparency and the contract adjustment mechanism . ### authors and performers are often unable to enforce their rights against their contractual partners before a court or tribunal . member states should therefore provide for an alternative dispute resolution procedure that addresses claims related to obligations of transparency and the contract adjustment mechanism . the dispute settlement resolution could also be agreed upon in collective agreements .


### the directives which have been adopted in the area of copyright and related rights provide for a high level of protection for rightholders and create a framework wherein the exploitation of works and other protected subject - matter can take place . this harmonised legal framework contributes to the good functioning of the internal market ; it stimulates innovation , creativity , investment and production of new content , also in the digital environment . the protection provided by this legal framework also contributes to the union ' s objective of respecting and promoting cultural diversity while at the same time bringing the european common cultural heritage to the fore . article 167 of the treaty on the functioning of the european union requires the union to take cultural aspects into account in its action . ### the directives which have been adopted in the area of copyright and related rights contribute to the functioning of the internal market , provide for a high level of protection for rightholders , facilitate the clearance of rights and create a framework wherein the exploitation of works and other protected subject - matter can take place . this harmonised legal framework contributes to the good functioning of the internal market ; it stimulates innovation , creativity , investment and production of new content , also in the digital environment , with a view to avoiding fragmentation of the internal market . the protection provided by this legal framework also contributes to the union ' s objective of respecting and promoting cultural diversity while at the same time bringing the european common cultural heritage to the fore . article 167 of the treaty on the functioning of the european union requires the union to take cultural aspects into account in its action .


### an act of preservation may require a reproduction of a work or other subject - matter in the collection of a cultural heritage institution and consequently the authorisation of the relevant rightholders . cultural heritage institutions are engaged in the preservation of their collections for future generations . digital technologies offer new ways to preserve the heritage contained in those collections but they also create new challenges . in view of these new challenges , it is necessary to adapt the current legal framework by providing a mandatory exception to the right of reproduction in order to allow those acts of preservation . ### an act of preservation may require a reproduction of a work or other subject - matter in the collection of a cultural heritage institution and consequently the authorisation of the relevant rightholders . cultural heritage institutions are engaged in the preservation of their collections for future generations . digital technologies offer new ways to preserve the heritage contained in those collections but they could also create new challenges . in view of possible new challenges , it is necessary to adapt the current legal framework by providing a mandatory exception to the right of reproduction in order to allow those acts of preservation .


### in the fields of research , education and preservation of cultural heritage , digital technologies permit new types of uses that are not clearly covered by the current union rules on exceptions and limitations . in addition , the optional nature of exceptions and limitations provided for in directives 2001 / 29 / ec , 96 / 9 / ec and 2009 / 24 / ec in these fields may negatively impact the functioning of the internal market . this is particularly relevant as regards cross - border uses , which are becoming increasingly important in the digital environment . therefore , the existing exceptions and limitations in union law that are relevant for scientific research , teaching and preservation of cultural heritage should be reassessed in the light of those new uses . mandatory exceptions or limitations for uses of text and data mining technologies in the field of scientific research , illustration for teaching in the digital environment and for preservation of cultural heritage should be introduced . for uses not covered by the exceptions or the limitation provided for in this directive , the exceptions and limitations existing in union law should continue to apply . directives 96 / 9 / ec and 2001 / 29 / ec should be adapted . ### in the fields of research , innovation , education and preservation of cultural heritage , digital technologies permit new types of uses that are not clearly covered by the current union rules on exceptions and limitations . in addition , the optional nature of exceptions and limitations provided for in directives 2001 / 29 / ec , 96 / 9 / ec and 2009 / 24 / ec in these fields negatively impacts the functioning of the internal market . this is particularly relevant as regards cross - border uses , which are becoming increasingly important in the digital environment . therefore , the existing exceptions and limitations in union law that are relevant for scientific research , teaching and preservation of cultural heritage should be reassessed in the light of those new uses . mandatory exceptions or limitations for uses of text and data mining technologies in the field of scientific research and innovation , illustration for teaching in the digital environment and for preservation of cultural heritage should be introduced . for uses not covered by the exceptions or the limitation provided for in this directive , the exceptions and limitations existing in union law should continue to apply . directives 96 / 9 / ec and 2001 / 29 / ec should be adapted .


### member states shall ensure that authors and performers are entitled to request additional , appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low compared to the subsequent relevant revenues and benefits derived from the exploitation of the works or performances . ### member states shall ensure that authors and performers , or the representatives they appoint , are entitled to request additional , equitable , appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights , or from their successor in title , when the remuneration originally agreed is disproportionately low compared to the unanticipated subsequent relevant revenues and benefits derived from the exploitation of the works or performances .


### for the purposes of this directive , works and other subject - matter should be considered to be permanently in the collection of a cultural heritage institution when copies are owned or permanently held by the cultural heritage institution , for example as a result of a transfer of ownership or licence agreements . ### for the purposes of this directive , works and other subject - matter should be considered to be permanently in the collection of a cultural heritage institution when copies are owned , held on long - term loan or are permanently held by the cultural heritage institution or educational establishment , for example as a result of a transfer of ownership or licence agreements .


### takes place on the premises of an educational establishment or through a secure electronic network accessible only by the educational establishment ' s pupils or students and teaching staff ; ### takes place where the teaching activities take place or through a secure electronic network accessible only by the educational establishment ' s or the certified entity ' s students or by teaching staff of the educational establishment or certified entity that are directly involved in the teaching activity concerned ;


### member states shall ensure that where parties wishing to conclude an agreement for the purpose of making available audiovisual works on video - on - demand platforms face difficulties relating to the licensing of rights , they may rely on the assistance of an impartial body with relevant experience . that body shall provide assistance with negotiation and help reach agreements . ### member states shall facilitate the availability of audiovisual works on video - on - demand platforms by ensuring that , where relevant parties wishing to conclude an agreement for the purpose of making available audiovisual works on video - on - demand platforms face difficulties relating to the licensing of rights , they may , by mutual agreement , rely on the assistance of an impartial body with relevant experience to be designated by member states for the purposes of this article . that body shall provide impartial assistance with negotiation with a view to the conclusion of mutually acceptable agreements .


### member states shall , in consultation with rightholders , collective management organisations and cultural heritage institutions , ensure that the requirements used to determine whether works and other subject - matter can be licensed in accordance with paragraph 1 do not extend beyond what is necessary and reasonable and do not preclude the possibility to determine the out - of - commerce status of a collection as a whole , when it is reasonable to presume that all works or other subject - matter in the collection are out of commerce . ### member states shall , in consultation with rightholders , collective management organisations and cultural heritage institutions , ensure that the requirements used to determine whether works and other subject - matter are out - of - commerce and can be licensed in accordance with paragraph 1 do not extend beyond what is necessary , proportionate , reasonable , are tailored to the specific category of works or other subject - matter concerned and do not preclude the possibility to determine the out - of - commerce status of a collection as a whole , when it is reasonable to presume that all works or other subject - matter in the collection are out of commerce .


### in order to ensure the functioning of any licensing agreement , information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject - matter uploaded by their users should take appropriate and proportionate measures to ensure protection of works or other subject - matter , such as implementing effective technologies . this obligation should also apply when the information society service providers are eligible for the liability exemption provided in article 14 of directive 2000 / 31 / ec . ### in order to ensure the functioning of any licensing agreement , information society service providers storing and providing access to the public to copyright protected works or other subject - matter uploaded by their users , should take appropriate and proportionate measures to ensure protection of works or other subject - matter , such as implementing effective technologies . this obligation should also apply when the information society service providers are eligible for the liability exemption provided in article 14 of directive 2000 / 31 / ec . such licence agreements should also cover the content uploaded by users of these services , as well as their liability , including where they perform an act of reproduction and / or of communication to the public , insofar they act on a non - professional basis .


### member states may provide for fair compensation for the harm incurred by the rightholders due to the use of their works or other subject - matter pursuant to paragraph 1 . ### without prejudice to paragraph 2 , member states shall provide for fair compensation to rightholders for the use of their works or other subject - matter pursuant to paragraph 1 .


### article 3 text and data mining member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec and article 11 of this directive for reproductions and extractions made by research organisations in order to carry out text and data mining of works or other subject - matter to which they have lawful access for the purposes of scientific research . 2 . any contractual provision contrary to the exception provided for in paragraph 1 shall be unenforceable . 3 . rightholders shall be allowed to apply measures to ensure the security and integrity of the networks and databases where the works or other subject - matter are hosted . such measures shall not go beyond what is necessary to achieve that objective . 4 . member states shall encourage rightholders and research organisations to define commonly - agreed best practices concerning the application of the measures referred to in paragraph 3 . ### article 3 text and data mining member states shall provide for an exception to the rights provided for in article 2 of directive 2001 / 29 / ec , articles 5 and 7 of directive 96 / 9 / ec and article 11 of this directive for reproductions and extractions made by research organisations , not - for - profit organisations and start - up companies in order to carry out text and data mining of works or other subject - matter to which they have lawful access acquired for the purposes of scientific research . 2 . any contractual provision contrary to the exception provided for in paragraph 1 shall be unenforceable . 3 . rightholders shall be allowed to apply measures to ensure the security and integrity of the networks and databases where the works or other subject - matter are hosted . such measures shall not go beyond what is necessary to achieve that objective and should not prevent or unreasonably restrict beneficiaries from benefiting from the exception provided in paragraph 1 and their ability to develop text and data mining tools different from those offered by rightholders . 4 a . beneficiaries of the exception referred to in paragraph 1 conducting text and data mining shall apply measures ensuring data retrieved by the text and data mining process is kept in a secure way and is not being stored longer than necessary for the purposes of the research . the exception referred to in paragraph 1 does not affect acts of text and data mining carried out in relation to mere facts or data which are not protected by copyright or acts of text and data mining which do not involve any act of reproduction or extraction . authorisation of rightholders or authors of databases is not required for temporary acts of reproduction covered by exceptions under union law and for acts of extraction that are necessary for the purposes of access to and normal use of the contents of a database by the lawful user .


### to facilitate the licensing of rights in audiovisual works to video - on - demand platforms , this directive requires member states to set up a negotiation mechanism allowing parties willing to conclude an agreement to rely on the assistance of an impartial body . the body should meet with the parties and help with the negotiations by providing professional and external advice . against that background , member states should decide on the conditions of the functioning of the negotiation mechanism , including the timing and duration of the assistance to negotiations and the bearing of the costs . member states should ensure that administrative and financial burdens remain proportionate to guarantee the efficiency of the negotiation forum . ### to facilitate the licensing of rights in audiovisual works , relevant rights are consolidated with the producer by law or by contract . in order to promote cultural diversity and the availability of works on video - on - demand platforms , this directive requires member states to set up a facilitation mechanism , managed by an existing or newly - established national body , allowing relevant parties willing to conclude an agreement for the licensing of audiovisual works to video - on - demand platforms to rely on the assistance of an impartial body . where a negotiation involves parties from different member states , they should agree beforehand on which member state is to be competent in the event that the facilitation mechanism is required . the body should meet with the parties and facilitate the negotiations by providing professional and external advice . against that background , member states should decide on the conditions of the functioning of the facilitation mechanism , including the timing and duration of the assistance to negotiations and the division of any costs arising . member states should ensure that administrative and financial burdens remain proportionate to guarantee the efficiency of the facilitation forum . in order to encourage the continuous exploitation of audiovisual works on video - on - demand platforms , member states should foster dialogue between representative organisations of authors , producers , video - on - demand platforms and other relevant stakeholders .


### member states shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector , timely , adequate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights , notably as regards modes of exploitation , revenues generated and remuneration due . ### member states shall ensure that authors and performers receive on a regular basis , but at least once a year and taking into account the specificities of each sector , precise , timely , adequate and sufficient information on the exploitation and&#160 ; promotion of their works and performances from those to whom they have licensed or transferred their rights , notably as regards modes of exploitation , revenues generated and remuneration due .


### member states shall ensure that authors and performers are entitled to request additional , appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low compared to the subsequent relevant revenues and benefits derived from the exploitation of the works or performances . ### member states may require that authors and performers are entitled to request additional , appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is clearly disproportionately compared to the unanticipated subsequent relevant net revenues derived from the exploitation of the works or performances


### for the purposes of this directive , works and other subject - matter should be considered to be permanently in the collection of a cultural heritage institution when copies are owned or permanently held by the cultural heritage institution , for example as a result of a transfer of ownership or licence agreements . ### for the purposes of this directive , works and other subject - matter should be considered to be permanently in the collection of a cultural heritage institution when copies are owned or permanently held by the cultural heritage institution , research organisation or educational establishment , for example as a result of a transfer of ownership , licence agreements or a compulsory deposit .


### in the fields of research , education and preservation of cultural heritage , digital technologies permit new types of uses that are not clearly covered by the current union rules on exceptions and limitations . in addition , the optional nature of exceptions and limitations provided for in directives 2001 / 29 / ec , 96 / 9 / ec and 2009 / 24 / ec in these fields may negatively impact the functioning of the internal market . this is particularly relevant as regards cross - border uses , which are becoming increasingly important in the digital environment . therefore , the existing exceptions and limitations in union law that are relevant for scientific research , teaching and preservation of cultural heritage should be reassessed in the light of those new uses . mandatory exceptions or limitations for uses of text and data mining technologies in the field of scientific research , illustration for teaching in the digital environment and for preservation of cultural heritage should be introduced . for uses not covered by the exceptions or the limitation provided for in this directive , the exceptions and limitations existing in union law should continue to apply . directives 96 / 9 / ec and 2001 / 29 / ec should be adapted . ### in the fields of research , education and preservation of cultural heritage , digital technologies permit new types of uses that are not clearly covered by the current union rules on exceptions and limitations . in addition , the optional nature of exceptions and limitations provided for in directives 2001 / 29 / ec , 96 / 9 / ec and 2009 / 24 / ec in these fields may negatively impact the functioning of the internal market . this is particularly relevant as regards cross - border uses , which are becoming increasingly important in the digital environment . therefore , the existing exceptions and limitations in union law that are relevant for scientific research , teaching , libraries and preservation of cultural heritage should be reassessed in the light of those new uses . mandatory exceptions or limitations for uses of text and data mining technologies in the field of scientific research , illustration for teaching in the digital environment , for preservation of cultural heritage , for user - generated content and for the reproduction of works permanently situated in public places should be introduced . for uses not covered by the exceptions or the limitation provided for in this directive , the exceptions and limitations existing in union law should continue to apply . directives 96 / 9 / ec and 2001 / 29 / ec should be adapted .