### in the union , 80 to 85 % of marine litter , measured as beach litter counts , is plastic , with single - use plastic items representing 50 % and fishing - related items representing 27 % . single - use plastics products include a diverse range of commonly used fast - moving consumer products that are discarded after having been used once for the purpose for which they were provided , are rarely recycled , and are prone to littering . a significant proportion of the fishing gear placed on the market is not collected for treatment . single - use plastic products and fishing gear containing plastic are therefore a particularly serious problem in the context of marine litter and pose a severe risk to marine ecosystems , biodiversity and , potentially , to human health and are damaging activities such as tourism , fisheries and shipping . ### in the union , 80 to 85 % of marine litter , measured as beach litter counts , is plastic , with single - use plastic items representing 50 % and fishing - related items representing 27 % . single - use plastics products include a diverse range of commonly used fast - moving consumer products that are discarded after having been used once for the purpose for which they were provided , are rarely recycled , and are prone to littering . a significant proportion of the fishing and aquaculture gear placed on the market is not collected for treatment . single - use plastic products and fishing and aquaculture gear containing plastic , such as pots , traps , floats and buoys , nets , ropes , strings , cords and lines are therefore a particularly serious problem in the context of marine litter and pose a severe risk to marine ecosystems , biodiversity and , potentially , to human health and are damaging activities such as tourism , fisheries and shipping .


### to focus efforts where they are most needed , this directive should only cover the most found single - use plastics products , which are estimated to represent around 86% of the single - use plastics found , in counts , on beaches in the union . ### to focus efforts where they are most needed , this directive should cover the single - use plastics products which are found most frequently , in counts , on beaches in the union .


### the large portion of plastic stemming from abandoned , lost and discarded fishing gear containing plastic in marine litter indicates that the existing legal requirements1 do not provide sufficient incentives to return such fishing gear to shore for collection and treatment . the indirect fee system envisaged under union law on port reception facilities for the delivery of waste from ships takes away the incentive for ships to discharge their waste at sea , and ensures a right of delivery . that system should , however , be supplemented by further financial incentives for fishermen to bring their fishing gear waste on shore to avoid any potential increase in the indirect waste fee to be paid . as plastic components of fishing gear have a high recycling potential , member states should , in line with the polluter pays principle , introduce extended producer responsibility for fishing gear containing plastic to facilitate separate collection of waste fishing gear and to finance sound waste management of such fishing gear , in particular recycling . _________________ 1 council regulation no 1224 / 2009 , directive 2000 / 59 / ec and directive 2008 / 98 / ec ### the large portion of plastic stemming from abandoned , lost and discarded fishing gear containing plastic in marine litter and in passively fished waste collected during normal fishing operations indicates that the existing legal requirements1 do not provide sufficient incentives to return such fishing gear or such passively fished waste to shore for collection and treatment . under regulation no 1224 / 2009 , if lost fishing gear cannot be retrieved the master of the vessel must inform the competent authority of its flag member state . however , regulation no 1224 / 2009 does not monitor such losses of fishing gear in consistent way and implementation of the reporting requirements remains poor . therefore , the revision of the control regulation should lay down further measures strengthening the capacity of retrieval of lost gear and of reporting and in particular the data on lost fishing gear should be collected and recorded by the member states and forwarded annually to the commission . furthermore , the indirect fee system envisaged under union law on port reception facilities for the delivery of waste from ships takes away the incentive for ships to discharge their waste at sea , and ensures a right of delivery . that system should , however , be supplemented by further financial incentives for fishermen to bring their fishing gear waste and passively fished waste on shore as well as lost or discarded fishing gear , in order to avoid any potential increase in the indirect waste fee to be paid . the delivery of passively fished waste should not result in additional costs to be borne by fishermen . as plastic components of fishing gear have a high recycling potential , member states should , in line with the polluter pays principle , introduce extended producer responsibility for fishing gear containing plastic to facilitate separate collection of waste fishing gear and to finance sound waste management of such fishing gear , in particular recycling as well as recovery efforts for lost , abandoned and discarded fishing gear . such systems should provide for modulated financial contributions for gear designed for reuse and recycling , in line with the requirements of directive 2008 / 98 / ec and should be supplemented by a collection target for waste fishing gear . in addition to such initiatives , member states should undertake activities to promote the development of fishing gear using more sustainable and environmentally - friendly materials ; _________________ 1 council regulation no 1224 / 2009 , directive 2000 / 59 / ec and directive 2008 / 98 / ec


### circular approaches that prioritise re - usable products and re - use systems will lead to a reduction of waste generated , and such prevention is at the pinnacle of the waste hierarchy enshrined in article 4 of directive 2008 / 98 / ec of the european parliament and of the council . 34 such approaches are also in line with united nations sustainable development goal 1235 to ensure sustainable consumption and production patterns . __________________ 34 directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives . 35 the 2030 agenda for sustainable development adopted by the united nations general assembly on 25 september 2015 . ### the measures laid down in this directive should fully pursue circular approaches that prioritise re - usable products and re - use systems over any single - use product . all measures should , first and foremost , aim at a reduction of waste generated , and promote the prevention of waste as this is at the pinnacle of the waste hierarchy enshrined in article 4 of directive 2008 / 98 / ec of the european parliament and of the council . 34 since any single - use product is prone to have a negative impact on climate or the environment due its short life cycle , priority needs to be given to prevention and re - use of products which can deliver high savings of co2 and of valuable raw materials . this directive will contribute to achieve the united nations sustainable development goal 1235 to ensure sustainable consumption and production patterns . __________________ 34 directive 2008 / 98 / ec of the european parliament and of the council of 19 november 2008 on waste and repealing certain directives . 35 the 2030 agenda for sustainable development adopted by the united nations general assembly on 25 september 2015 .


### pursuant to paragraph 22 of the interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 201648 , the commission should carry out an evaluation of this directive . that evaluation should be based on experience gathered and data collected during the implementation of this directive and data collected under directive 2008 / 56 / ec or directive 2008 / 98 / ec . the evaluation should provide the basis for an assessment of possible further measures and an assessment whether , in view of monitoring of marine litter in the union , the annex listing single - use plastic products needs to be reviewed . the evaluation should also consider whether scientific and technical progress that has taken place in the meantime , including the development of biodegradable materials and the development of criteria or a standard for biodegradability of plastics in the marine environment , as foreseen in the european plastics strategy , allows the setting of a standard for biodegradation of certain single - use plastic products in the marine environment . that standard would include a standard to test if , as a result of physical and biological decomposition in the marine environment , plastics would fully decompose into carbon dioxide , biomass and water within a timescale short enough for the plastics not to be harmful for marine life and not lead to an accumulation of plastics in the environment . if that is the case , single - use plastic products that meet such a standard could be exempted from the prohibition on placing on the market . while the european strategy for plastics already envisages action in this area , it also recognises the challenges in relation to determining a regulatory framework for plastics with biodegradable properties due to different marine conditions across seas . __________________ 48 oj l 123 , 12 . 5 . 2016 , p . 1 . ### pursuant to paragraph 22 of the interinstitutional agreement between the european parliament , the council of the european union and the european commission on better law - making of 13 april 201648 , the commission should carry out an evaluation of this directive . that evaluation should be based on experience gathered and data collected during the implementation of this directive and data collected under directive 2008 / 56 / ec or directive 2008 / 98 / ec . the evaluation should provide the basis for an assessment of possible further measures and an assessment whether , in view of monitoring of marine litter in the union , the annex listing single - use plastic products needs to be extended . the evaluation should assess if , in view of further environmental problems , e . g . impacts on soil caused by littering , the annex listing single - use plastic products needs to be extended in particular to products that can be easily replaced or avoided , even if they are not frequently found in marine environment . the evaluation should also assess if further measures are needed to address the consumption of non - plastic single use products with the view to extend the annex to products made out of non - plastic materials . the evaluation should also consider whether scientific and technical progress that has taken place in the meantime , including the development of biodegradable materials and the development of criteria or a standard for biodegradability of plastics in the marine environment , as foreseen in the european plastics strategy , allows the setting of a standard for biodegradation of certain single - use plastic products in the marine environment . that standard would include a standard to test if , as a result of physical and biological decomposition in the marine environment , plastics would fully decompose into carbon dioxide , biomass and water within a timescale short enough for the plastics not to be harmful for marine life and not lead to an accumulation of plastics in the environment . while the european strategy for plastics already envisages action in this area , it also recognises the challenges in relation to determining a regulatory framework for plastics with biodegradable properties due to different marine conditions across seas . __________________ 48 oj l 123 , 12 . 5 . 2016 , p . 1 .


### member states shall take the necessary measures to collect separately , by 2025 , an amount of waste single - use plastic products listed in part f of the annex equal to 90% of such single - use plastic products placed on the market in a given year by weight . in order to achieve that objective member states may inter alia : ### member states shall take the necessary measures to collect separately , by 31 december 2025 , an amount of waste single - use plastic products listed in part f of the annex equal to 90% of such single - use plastic products placed on the market in a given year by weight and at least 70% by weight of such waste shall be recycled on the basis of the rules for achieving the targets laid down in article 6a of directive 94 / 62 / ec . in order to achieve that objective member states may inter alia :


### the outcomes of the 2012 united nations conference on sustainable development ‘ rio + 20’19 as well as the international developments regarding the fight against illegal wildlife trade should be reflected into the union ' s external fisheries policy . __________________ 19 united nations general assembly resolution a / res / 66 / 288 of 27 july 2012 on the outcome of the rio + 20 conference , entitled ' the future we want ' . ### the outcomes of the 2012 united nations conference on sustainable development ‘ rio + 20’19 as well as the international developments regarding the fight against illegal wildlife trade should be reflected into the union ' s external fisheries policy and its trade policy . __________________ 19 united nations general assembly resolution a / res / 66 / 288 of 27 july 2012 on the outcome of the rio + 20 conference , entitled ' the future we want ' .


### if a flag member state fails to refuse , amend , suspend or withdraw the authorisation in accordance with paragraphs 4 and 5 , the commission may decide to withdraw the authorisation and notify the flag member state and the operator accordingly . ### if a flag member state omits to monitor its fleet correctly or fails to refuse , amend , suspend or withdraw the authorisation in accordance with paragraphs 4 and 5 , the commission may decide to withdraw the authorisation and notify the flag member state and the operator accordingly .


### 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 .


### 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 .


### 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 .


### 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 that when a collective management organisation , on behalf of its members , concludes a non - exclusive licence for non - commercial purposes with a cultural heritage institution for the digitisation , distribution , communication to the public or making available of out - of - commerce works or other subject - matter permanently in the collection of the institution , such a non - exclusive licence may be extended or presumed to apply to rightholders of the same category as those covered by the licence who are not represented by the collective management organisation , provided that : ### member states after consulting with rightholders and their representing organisations , cultural heritage institutions and other users , shall provide a legal mechanism enabling exclusive or non - exclusive licences for the digitisation , distribution , communication to the public or making available of out - of - commerce works or other subject - matter permanently in the collection of the institution , provided that :


### 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 :


### 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 accurate 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 regular sharing of adequate information by their direct 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 . the reporting and transparency obligation should follow the work across all form of exploitation and across borders .


### 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 accurate 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 licences , 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 form of exploitation and across borders .


### collaboration between 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 and rightholders is essential for the functioning of technologies , such as content recognition technologies . in such cases , rightholders should provide the necessary data to allow the services to identify their content and the services should be transparent towards rightholders with regard to the deployed technologies , to allow the assessment of their appropriateness . the services should in particular provide rightholders with information on the type of technologies used , the way they are operated and their success rate for the recognition of rightholders ' content . those technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement . ### collaboration between information society service providers and right holders is essential to facilitate the accurate identification of unauthorised works online . appropriate safeguards should however be put in place where they agree on the introduction of voluntary measures to ensure that these do not infringe the fundamental rights of users , namely their right to protection of their personal data and their freedom to receive or impart information , in accordance with articles 8 and 11 of the charter of fundamental rights of the european union , in particular their rights to the use of works made in accordance with an exception or limitation to copyright .


### 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 .


### 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 .


### 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 the directive 2000 / 31 / ec , unless it has been ascertained that the role of the service provider is of a purely passive nature , the service provider would not be eligible for the liability exemption of article 14 of the directive 2000 / 31 / ec and would be deemed to play an active role . an active role includes , inter alia , optimisation for the purpose of the presentation by the service of the uploaded works or subject - matter or their promotion by the service , irrespective of the nature of the means used therefor . a service provider can be deemed active even where it has no editorial control over the content which it makes available .


### preservation of cultural heritage ### preservation of cultural heritage and safeguarding the public domain


### member states shall ensure that information that allows the identification of the works or other subject - matter covered by a licence granted in accordance with article 7 and information about the possibility of rightholders to object referred to in article 7 are made publicly accessible in a single online portal for at least six months before the works or other subject - matter are digitised , distributed , communicated to the public or made available in member states other than the one where the licence is granted , and for the whole duration of the licence . ### member states shall ensure that information that allows the identification of the works or other subject - matter used in accordance with article 7 and information about the possibility of rightholders to object referred to in article 7 and are made publicly accessible in a single online portal for at least six months before the works or other subject - matter are digitised , distributed , communicated to the public or made available in all member states .


### 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 .


### ‘ text and data mining’ means any automated analytical technique aiming to analyse text and data in digital form in order to generate information such as patterns , trends and correlations ; ### ' text and data mining ' means any automated analytical technique which analyses works and other subject matter in digital form in order to generate information , including , but not limited to , patterns , trends and correlations .


### 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 claim additional , equitable 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 .


### information society service providers that store and provide to the public access to large amounts of works or other subject - matter uploaded by their users shall , in cooperation with rightholders , take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject - matter or to prevent the availability on their services of works or other subject - matter identified by rightholders through the cooperation with the service providers . those measures , such as the use of effective content recognition technologies , shall be appropriate and proportionate . the service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures , as well as , when relevant , adequate reporting on the recognition and use of the works and other subject - matter . ### information society service providers that store and provide to the public access to large amounts of works or other subject - matter uploaded by their users shall either conclude agreements with rightholders for the use of their works or other subject - matter and take measures , in cooperation with rightholders , to ensure the functioning of such agreements or take measures to prevent the availability on their services of works or other subject - matter identified by rightholders through the cooperation with the service providers . the measures referred to in the first sentence shall be appropriate and proportionate and shall respect users ' rights and process personal data according to directive 95 / 46 / ec and the general data protection regulation . the service providers shall provide rightholders with adequate information on the functioning of those measures , as well as , when relevant , adequate reporting on the use of the works and other subject - matter . this paragraph shall cover all the service providers which play an active role , including by optimising the presentation of the uploaded works or subject - matter or promoting them , and that are therefore not covered by article 14 of directive 2000 / 31 / ec .


### the possibility of rightholders to object , referred to in point of paragraph 1 ; ### the possibility of rightholders to object , referred to in paragraph 2 and point of paragraph 4 ;


### over the last years , the functioning of the online content marketplace has gained in complexity . online services providing access to copyright protected content uploaded by their users without the involvement of right holders have flourished and have become main sources of access to content online . this affects rightholders ' possibilities to determine whether , and under which conditions , their work and other subject - matter are used as well as their possibilities to get an appropriate remuneration for it . ### over the years , online services enabling users to upload works and to make them accessible to the public have flourished and have become important sources of access to content online and of creativity . at the same time , when protected content is uploaded without prior authorisation from right holders , they have generated challenges .


### 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 .


### 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 and taking into account the specificities of each sector , accurate , timely , adequate and sufficient information on the exploitation and promotion of their works , including scientific works and performances from those to whom they have licensed or transferred their rights , including subsequent transferees or licensees , notably as regards modes of exploitation , promotion , revenues generated and remuneration due .


### 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 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 .


### except in the cases referred to in article 6 , this directive shall leave intact and shall in no way affect existing rules laid down in the directives currently in force in this area , in particular directives 96 / 9 / ec , 2001 / 29 / ec , 2006 / 115 / ec , 2009 / 24 / ec , 2012 / 28 / eu and 2014 / 26 / eu . ### except in the cases referred to in article 6 , this directive shall leave intact and shall in no way affect existing rules laid down in the directives currently in force in this area , in particular directives 96 / 9 / ec , 2000 / 31 / ec , 2001 / 29 / ec , 2006 / 115 / ec , 2009 / 24 / ec , 2012 / 28 / eu and 2014 / 26 / eu .


### 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 and no less than once a year and taking into account the specificities of each sector , in an open readable format , accurate , timely , adequate and sufficient comprehensive information on the exploitation and promotion of their works and performances from those to whom they have licensed or transferred their rights , including subsequent transferees or licensees , notably as regards modes of promotion , exploitation , revenues generated and remuneration due .


### 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 should not apply to materials which are primarily intended for the educational market , for which it should be possible to arrange licences . 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 .


### 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 accurate 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 regular sharing of adequate information by their direct 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 . the reporting and transparency obligation should follow the work across all form of exploitation and across borders .


### 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 also benefit entities providing educational activities , such as museums , libraries , archives and civil society organisations . the organisational structure and the means of funding of an educational establishment or an entity providing educational activities are not the decisive factors to determine the non - commercial nature of the activity .


### collaboration between 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 and rightholders is essential for the functioning of technologies , such as content recognition technologies . in such cases , rightholders should provide the necessary data to allow the services to identify their content and the services should be transparent towards rightholders with regard to the deployed technologies , to allow the assessment of their appropriateness . the services should in particular provide rightholders with information on the type of technologies used , the way they are operated and their success rate for the recognition of rightholders ' content . those technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement . ### ( 39collaboration between information society service providers storing and providing access to copyright protected works or other subject - matter uploaded by their users and rightholders is essential for the functioning of technologies , such as content recognition technologies . in such cases , rightholders must provide the necessary data to allow the services to identify their content and the services must be transparent towards rightholders with regard to the deployed technologies , to allow the assessment of their appropriateness . the services should in particular provide rightholders with information on the type of technologies used , the way they are operated and their success rate for the recognition of rightholders ' content . those technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement . in cases when the measures and technologies established on the basis of this directive affect the uploading of content that is covered by an exception or authorisation , service suppliers must be required to set up complaint and redress mechanisms for the benefit of the users whose content has been affected by these measures . such mechanisms must maintain a balance between the need to ensure that content covered by exceptions to copyright or authorisations is not unduly affected by the measures , and the need to ensure that complaint and redress mechanisms do not unreasonably prejudice the effectiveness of the measures . to achieve this aim , the complaint and redress mechanisms must allow rightholders to receive adequate information to assess complaints and respond to them . the complaint and redress mechanisms must also allow a suitable period of time for rightholders to respond to complaints .


### 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 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 , but excluding musical scores . the use of the works or other subject - matter or extracts 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 . thus , for example , the exception should be limited to the use of short extracts for written works , except in the case of plays and poems . 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 .


### 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 on the premises of an educational establishment or other venues , such as cultural heritage institutions , involved in teaching activities , or through a secure electronic network accessible only by the educational establishment ' s pupils or students and teaching staff , or registered members of the cultural heritage institution involved in non - formal or informal education ;


### in such a way that the access to the results generated by the scientific research cannot be enjoyed on a preferential basis by an undertaking exercising a decisive influence upon such organisation ; ### in such a way that the access to the results generated by the scientific research cannot be enjoyed on a preferential basis by an undertaking exercising a significant influence upon such organisation ;


### 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 and taking into account the specificities of each sector , timely , accurate and comprehensive information on the exploitation of their works and performances from those to whom their works are licensed or their rights are transferred , notably as regards all modes of exploitation , revenues generated and remuneration due .


### 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 , music or scientific publications , often operate on the basis of the transfer of authors ' rights by means of contractual agreements or statutory provisions . in other cases , they operate based on agreements where authors grant a right to claim a share of the income . 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 , assigned or licensed his rights , including the right to claim a share of income , 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 .


### 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 .


### member states shall ensure that information that allows the identification of the works or other subject - matter covered by a licence granted in accordance with article 7 and information about the possibility of rightholders to object referred to in article 7 are made publicly accessible in a single online portal for at least six months before the works or other subject - matter are digitised , distributed , communicated to the public or made available in member states other than the one where the licence is granted , and for the whole duration of the licence . ### member states shall ensure that information that allows the identification of the works or other subject - matter used in accordance with article 7 and information about the possibility of rightholders to object referred to in article 7 and are made publicly accessible in a single online portal for at least six months before the works or other subject - matter are digitised , distributed , communicated to the public or made available in all member states .


### this directive is based upon , and complements , the rules laid down in the directives currently in force in this area , in particular directive 96 / 9 / ec of the european parliament and of the council27 , directive 2001 / 29 / ec of the european parliament and of the council28 , directive 2006 / 115 / ec of the european parliament and of the council29 , directive 2009 / 24 / ec of the european parliament and of the council30 , directive 2012 / 28 / eu of the european parliament and of the council31 and directive 2014 / 26 / eu of the european parliament and of the council32 . _________________ 27 directive 96 / 9 / ec of the european parliament and of the council of 11 march 1996 on the legal protection of databases . 28 directive 2001 / 29 / ec of the european parliament and of the council of 22 may 2001 on the harmonisation of certain aspects of copyright and related rights in the information society . 29 directive 2006 / 115 / ec of the european parliament and of the council of 12 december 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property . 30 directive 2009 / 24 / ec of the european parliament and of the council of 23 april 2009 on the legal protection of computer programs . 31 directive 2012 / 28 / eu of the european parliament and of the council of 25 october 2012 on certain permitted uses of orphan works . 32 directive 2014 / 26 / eu of the european parliament and of the council of 26 february 2014 on collective management of copyright and related rights and multi - territorial licensing of rights in musical works for online use in the internal market . ### this directive is based upon , and complements , the rules laid down in the directives currently in force in this area , in particular directive 96 / 9 / ec of the european parliament and of the council27 , directive 2000 / 31 / ec of the european parliament and of the council27a , directive 2001 / 29 / ec of the european parliament and of the council28 , directive 2006 / 115 / ec of the european parliament and of the council29 , directive 2009 / 24 / ec of the european parliament and of the council30 , directive 2012 / 28 / eu of the european parliament and of the council31 and directive 2014 / 26 / eu of the european parliament and of the council32 . _________________ 27 directive 96 / 9 / ec of the european parliament and of the council of 11 march 1996 on the legal protection of databases . 27a 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 . 28 directive 2001 / 29 / ec of the european parliament and of the council of 22 may 2001 on the harmonisation of certain aspects of copyright and related rights in the information society . 29 directive 2006 / 115 / ec of the european parliament and of the council of 12 december 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property . 30 directive 2009 / 24 / ec of the european parliament and of the council of 23 april 2009 on the legal protection of computer programs . 31 directive 2012 / 28 / eu of the european parliament and of the council of 25 october 2012 on certain permitted uses of orphan works . 32 directive 2014 / 26 / eu of the european parliament and of the council of 26 february 2014 on collective management of copyright and related rights and multi - territorial licensing of rights in musical works for online use in the internal market .


### 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 .


### 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 extended collective licensing agreements , are in place in a number of member states in order to facilitate educational uses of at least short parts or extracts of works and other subject - matter . such arrangements have usually been developed taking account of the constraints set by the closed list of voluntary exceptions at union level , 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 offline and online uses and particularly 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 . any other compensation mechanisms should be limited to cases where there is a risk of unreasonable prejudice to the legitimate interests of rightholders . in those cases member states should be able to require compensation for the uses carried out under this 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 affordable , covering all uses allowed under the exception , and that educational establishments are aware of the existence of such licensing schemes .


### over the last years , the functioning of the online content marketplace has gained in complexity . online services providing access to copyright protected content uploaded by their users without the involvement of right holders have flourished and have become main sources of access to content online . this affects rightholders ' possibilities to determine whether , and under which conditions , their work and other subject - matter are used as well as their possibilities to get an appropriate remuneration for it . ### over the years , online services enabling users to upload works and to make them accessible to the public have flourished and have become important sources of access to content online and of creativity . at the same time , when protected content is uploaded without prior authorisation from right holders , they have generated challenges .


### 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 . 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 . ### a work or other subject - matter shall be deemed to be out of commerce when the whole work or other subject - matter , is not available through customary channels in any form suitable for the work permanently in the collection of a cultural heritage institution . out of commerce works include both works that have previously been available commercially and works that have never been commercially available . 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 do not extend beyond what is necessary and reasonable and proportionate 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 .


### the use of works and other subject - matter for the sole purpose of illustration for teaching through secure electronic networks undertaken in compliance with the provisions of national law adopted pursuant to this article shall be deemed to occur solely in the member state where the educational establishment is established . ### the use of works and other subject - matter for the sole purpose of illustration for teaching through secure electronic communications networks undertaken in compliance with the provisions of national law adopted pursuant to this article shall be deemed to occur solely in the member state where the educational establishment or the entity providing educational activities is established .


### 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 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 . in the event that a collective management organisation does not exist or adequately represent the rights of rightsholders , member states should provide exceptions for cultural heritage institutions , research organisations and educational establishments , both formal and non - formal , to distribute , communicate to the public or make available out - of - commerce - works for non - commercial purposes . member states should ensure appropriate remuneration for any unreasonable prejudice to the legitimate interests of the rightsholders and ensure that all rightsholders may at any time object to the use of their works .


### 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 .


### 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 . 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 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 . 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 .


### over the last years , the functioning of the online content marketplace has gained in complexity . online services providing access to copyright protected content uploaded by their users without the involvement of right holders have flourished and have become main sources of access to content online . this affects rightholders ' possibilities to determine whether , and under which conditions , their work and other subject - matter are used as well as their possibilities to get an appropriate remuneration for it . ### evolution of digital technologies has led to the emergence of new business models and reinforced the role of the internet as the main marketplace for the distribution of copyright protected content . over the years , online services enabling their users to upload works and make them accessible to the public have flourished and have become important sources of access to content online , allowing for diversity and ease of access to content but also generating challenges when copyright protected content is uploaded without prior authorisation from rightholders .


### 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 , 3 and 4 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 any natural or legal person in order to carry out text and data mining of works or other subject matter to which the person performing such acts has lawful access , and for the incidental inclusion of such works and other subject matter in other material in accordance with fair practice .


### 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 and taking into account the specificities of each sector , timely , adequate , accurate and comprehensive information on the exploitation of their works and performances from those to whom their works are licensed or their rights are transferred , notably as regards all 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 shall ensure that authors and performers , or representatives they appoint , are entitled to request additional , fair , appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights , or their successor in title , when it is duly justified to claim that 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 provide that when a collective management organisation , on behalf of its members , concludes a non - exclusive licence for non - commercial purposes with a cultural heritage institution for the digitisation , distribution , communication to the public or making available of out - of - commerce works or other subject - matter permanently in the collection of the institution , such a non - exclusive licence may be extended or presumed to apply to rightholders of the same category as those covered by the licence who are not represented by the collective management organisation , provided that : ### member states after consulting with rightholders and their representing organisations , cultural heritage institutions and other users , shall provide a legal mechanism enabling exclusive or non - exclusive licences for the digitisation , distribution , communication to the public or making available of out - of - commerce works or other subject - matter permanently in the collection of the institution , provided that :


### 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 , distance and blended learning 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 accordingly . the term ' scientific research ' used in this directive is to be understood as referring both to the natural sciences and the human sciences .


### 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 . ### member states shall designate a facility to safely store datasets used for text and data mining and to make them accessible for verification purposes .


### ‘ text and data mining’ means any automated analytical technique aiming to analyse text and data in digital form in order to generate information such as patterns , trends and correlations ; ### ' text and data mining ' means any automated analytical technique which analyses works and other subject matter in digital form in order to generate information , including , but not limited to , patterns , trends and correlations .


### 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 .


### 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 and taking into account the specificities of each sector , timely , accurate and comprehensive information on the exploitation of their works and performances from those to whom their works are licensed or their rights are transferred , notably as regards all modes of exploitation , revenues generated and remuneration due .


### 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 on the premises of an educational establishment or on the premises of an entity providing educational activities or through a secure electronic communications network ;


### ‘ text and data mining’ means any automated analytical technique aiming to analyse text and data in digital form in order to generate information such as patterns , trends and correlations ; ### ‘ text and data mining’ means any automated analytical or computational technique aiming to analyse text and data or other subject matter in digital form in order to generate information , including but not limited to patterns , trends and correlations ;


### any contractual provision contrary to the exception provided for in paragraph 1 shall be unenforceable . ### any contractual provision or legal protection of technological measures contrary to the exception provided for in paragraph 1 shall be unenforceable .


### 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 and no less than once a year and taking into account the specificities of each sector , in an open readable format , accurate , timely , adequate and sufficient comprehensive information on the exploitation and promotion of their works and performances from those to whom they have licensed or transferred their rights , including subsequent transferees or licensees , notably as regards modes of promotion , exploitation , revenues generated and remuneration due .


### 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 , permitting cultural heritage institutions , to make copies of any works or other subject - matter that are permanently in their collections , in any format or medium , for the sole purpose of the preservation of such works or other subject - matter and to the extent necessary for such preservation . ### 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 , permitting cultural heritage institutions or educational establishments , to make copies of any works or other subject - matter that are permanently in their collections , in any format or medium , to the extent necessary for such reproduction , for the purpose of , individually or collaboratively with others , carrying out their public interest mission in preservation , research , culture , education and teaching .


### member states should , within the framework provided for in this directive , have flexibility in choosing the specific type of mechanism allowing for licences for out - of - commerce works to extend to the rights of rightholders that are not represented by the collective management organisation , in accordance to their legal traditions , practices or circumstances . such mechanisms can include extended collective licensing and presumptions of representation . ### this directive is without prejudice to specific solutions developed by member states in order to deal with the issues raised by mass digitisation , such as systems for out - of - commerce works . such solutions take into account the specific characteristic of the various types of work or other subject - matter and of the various users ; they are devised on the basis of consensus between the stakeholders . this approach has already been adopted in the memorandum of understanding on key principles on the digitisation and making available of out - of - commerce works , signed on 20 september2011 by representatives of european libraries , authors , publishers and collective management organisations under the aegis of the commission . this directive should be without prejudice to that memorandum of understanding , which calls on member states and the commission to ensure that voluntary agreements concluded between users , rightholders and collective management organisations to authorise the use of out - of - commerce works on the basis of the principles contained in the memorandum have the benefit of legal certainty in the national and cross - border context . member states should have a certain margin of discretion to choose the specific type of arrangement in accordance to their legal traditions , practices or circumstances . such mechanisms can include extended collective licensing and presumptions of representation .


### 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 .