### comparisons of data on the basis of a latent fingerprint , which is the dactyloscopic trace which may be found at a crime scene , is fundamental in the field of police cooperation . the possibility to compare a latent fingerprint with the fingerprint data which is stored in the vis in cases where there are reasonable grounds for believing that the perpetrator or victim may be registered in the vis should provide the law enforcement authorities of the member states with a very valuable tool in preventing , detecting or investigating terrorist offences or other serious criminal offences , when for example the only evidence at a crime scene are latent fingerprints . ### comparisons of data on the basis of a latent fingerprint , which is the dactyloscopic trace which may be found at a crime scene , is fundamental in the field of police cooperation . the possibility to compare a latent fingerprint with the fingerprint data which is stored in the vis in cases where there are reasonable grounds for believing that the perpetrator or victim may be registered in the vis and after prior search in the relevant national database and under council decision 2008 / 615 / jha should provide the law enforcement authorities of the member states with a very valuable tool in preventing , detecting or investigating terrorist offences or other serious criminal offences , when for example the only evidence at a crime scene are latent fingerprints .


### on the expiry date of the visa , the long - stay visa or the residence permit , if a visa , a long - stay visa or a residence permit has been issued ; ### on the expiry date of the visa , if a visa has been issued ;


### each competent authority shall ensure that in using the vis , it does not discriminate against applicants and visa holders on grounds of sex , racial or ethnic origin , religion or belief , disability , age or sexual orientation and that it fully respects the human dignity and the integrity of the applicant or of the visa holder . ### article 7 paragraph 2 is amended as follows : ' 2 . processing of personal data within the vis by any user shall not result in discrimination against third - country nationals on the grounds of sex , race , colour , ethnic or social origin , genetic features , language , religion or belief , political or any other opinion , membership of a national minority , property , birth , disability , age or sexual orientation . it shall fully respect human dignity and integrity and fundamental rights , including the right to respect for one’s private life and to the protection of personal data . particular attention shall be paid to children , the elderly and persons with a disability and persons in need of international protection . the best interests of the child shall be a primary consideration . '


### any person may request that data relating to him which are inaccurate be corrected and that data recorded unlawfully be deleted . the correction and deletion shall be carried out without delay by the member state responsible , in accordance with its laws , regulations and procedures . ### in article 38 , paragraph 2 is amended as follows : ' 2 . any person may request that data relating to him which are inaccurate be corrected and that data recorded unlawfully be deleted . the correction and deletion shall be carried out without delay by the member state responsible , in accordance with its laws , regulations and procedures . the correction and deletion shall be carried out without delay and no later than in 30 days of receipt of the request , in line with article 12 and of the gdpr . '


### the assessement of such risks cannot be carried out without processing the personal data related to the person ' s identity , travel document , and , as the case may be , sponsor or , if the applicant is minor , identity of the responsible person . each item of personal data in the applications should be compared with the data present in a record , file or alert registered in an information system , the visa information system , the europol data , the interpol stolen and lost travel document database , the entry / exit system , the eurodac , the ecris - tcn system as far as convictions related to terrorist offences or other forms of serious criminal offences are concerned and / or the interpol travel documents associated with notices database ) or against the watchlists , or against specific risk indicators . the categories of personal data that should be used for comparison should be limited to the categories of data present in the queried information systems , the watchlist or the specific risk indicators . ### the assessment of such risks cannot be carried out without processing the personal data related to the person ' s identity , travel document , and , as the case may be , sponsor or , if the applicant is minor , identity of the responsible person . each item of personal data in the applications should be compared with the data present in a record , file or alert registered in an information system , the visa information system , the europol data , the interpol stolen and lost travel document database , the entry / exit system and / or the interpol travel documents associated with notices database ) or against the watchlists , or against specific risk indicators . the categories of personal data that should be used for comparison should be limited to the categories of data present in the queried information systems , the watchlist or the specific risk indicators .


### the assessement of such risks cannot be carried out without processing the personal data related to the person ' s identity , travel document , and , as the case may be , sponsor or , if the applicant is minor , identity of the responsible person . each item of personal data in the applications should be compared with the data present in a record , file or alert registered in an information system , the visa information system , the europol data , the interpol stolen and lost travel document database , the entry / exit system , the eurodac , the ecris - tcn system as far as convictions related to terrorist offences or other forms of serious criminal offences are concerned and / or the interpol travel documents associated with notices database ) or against the watchlists , or against specific risk indicators . the categories of personal data that should be used for comparison should be limited to the categories of data present in the queried information systems , the watchlist or the specific risk indicators . ### the assessment of such risks cannot be carried out without processing the personal data related to the person ' s identity , travel document , and , as the case may be , sponsor or , if the applicant is minor , identity of the responsible person . each item of personal data in the applications should be compared with the data present in a record , file or alert registered in an information system , the visa information system , the europol data , the interpol stolen and lost travel document database , the entry / exit system , the eurodac , the ecris - tcn system as far as convictions related to terrorist offences or other forms of serious criminal offences are concerned and / or the interpol travel documents associated with notices database ) . the categories of personal data that should be used for comparison should be limited to the categories of data present in the queried information systems , the watchlist or the specific risk indicators .


### member states shall ensure that where the suspects or accused persons were not present at the trial referred to in article 8 and the conditions laid down in article 8 and are not met , the person concerned has the right to a new trial at which they have the right to be present and which allows a fresh determination of the merits of the case , including examination of new evidence , and which may lead to the original decision to be reversed . ### member states shall ensure that where the suspects or accused persons were not present at the trial referred to in article 8 and the conditions laid down in article 8 and are not met , the person concerned has the right to a new trial at which they have the right to be present and which allows a fresh determination of the merits of the case – with the opportunity to secure new evidence and , if appropriate , to call the previous evidence into question through cross - examination – and which may lead to the original decision to be reversed .


### the right referred to in paragraph 1 shall not extend to the use in criminal proceedings of material which may be obtained from the suspects or accused persons through the use of lawful compulsory powers but which has an existence independent of the will of the suspects or accused persons . ### the right referred to in paragraph 1 shall not extend to the use in criminal proceedings of material which has an existence independent of the will of the suspects or accused persons and may legitimately be obtained from them through the correct use of compulsory powers provided for by law .


### the presumption of innocence is violated if , without the accused’s having previously been proved guilty according to law , a judicial decision or a public statement by judicial or other public authorities presents the suspects or accused persons as if they were convicted . ### the presumption of innocence is violated if , without the accused’s having previously been proved guilty according to law , a judicial decision or a public statement by judicial or other public authorities presents the suspects or accused persons as if their guilt has already been established beyond doubt .


### member states shall ensure that appropriate measures are taken in the event of a breach of that requirement . ### member states shall ensure that appropriate measures are taken in the event of a breach of that requirement and shall conduct independent investigations on the breach .


### any evidence obtained in breach of this article shall not be admissible , unless the use of such evidence would not prejudice the overall fairness of the proceedings . ### any evidence obtained in breach of this article shall not be admissible .


### member states shall ensure that , before a final conviction , public statements and official decisions from public authorities do not refer to the suspects or accused persons as if they were convicted . ### member states must take the necessary measures to ensure that , before a final conviction , public statements and official decisions from public authorities do not refer to the suspects or accused persons as if they were convicted and do not reflect an opinion that they are guilty .


### this directive should apply to natural persons who are suspected or accused of having committed a criminal offence . it should apply at any stage of the proceedings , even before those persons are made aware by the competent authorities of a member state , by official notification or otherwise , that they are suspected or accused of having committed a criminal offence , until the conclusion of such proceedings . ### this directive should apply to natural persons and legal persons who are suspected or accused of having committed a criminal offence . it should apply at any stage of the proceedings , from the moment these persons are suspected or accused of having committed a criminal offence , until the conclusion of such proceedings , which is understood to mean the final determination of the question whether the suspect or accused person has committed the offence , including , where applicable , sentencing and the resolution of any appeal .


### was informed that a decision may be handed down if he or she does not appear for the trial ; or ### was informed of the consequences of an unjustified non - appearance and that a decision may be handed down if he or she does not appear for the trial ; or


### member states shall promptly inform the suspect or accused persons of their right to remain silent , and explain the content of this right and the consequences of renouncing or invoking it . ### member states shall promptly inform the suspect or accused persons of their right to remain silent , and explain the content of this right and the consequences of renouncing or invoking it . this shall be done prior to any questioning by public authorities , prior to the suspect or accused person giving testimony in court as well as at the moment of the arrest .


### therefore , the objective of this regulation is to adapt the legal framework in order to ensure that the licensing of rights no longer presents barriers to cross - border portability of online content services in the union and that the cross - border portability can be ensured . ### therefore , the objective of this regulation is to provide a legal framework for the provision of online content services based on a robust enforcement mechanism underpinning a legal fiction designed to permit portability of online content services to consumers who are temporarily present in a member state other than that of residence without additional costs .


### consumers increasingly enter into contractual arrangements with service providers for the provision of online content services . however , consumers that are temporarily present in another member state of the union often cannot access and use the online content services that they have acquired the right to use in their home country . ### consumers increasingly enter into contractual arrangements with service providers for the provision of online content services . however , consumers that are temporarily present in another member state of the union often cannot continue accessing and using the online content services that they have acquired the right to use in their member state of residence .


### this regulation introduces a common approach to ensuring that subscribers to online content services in the union , when temporarily present in a member state , can access and use these services . ### this regulation introduces a legal framework to ensuring that subscribers to portable and legally acquired online content services in their member states of residence , when temporarily present in a member state other than that of residence , can access and use these services .


### the provider of an online content service shall enable a subscriber who is temporarily present in a member state to access and use the online content service . ### the provider of an online content service shall enable a subscriber who is temporarily present in a member state to access and use the online content service , in a manner respecting copyright and intellectual property rights .


### since the internal market comprises an area without internal frontiers relying , inter alia , on the free movement of services and persons , it is necessary to provide that consumers can use online content services which offer access to content such as music , games , films or sporting events not only in their member state of residence but also when they are temporarily present in other member states of the union . therefore , barriers that hamper access and use of such online content services cross border should be eliminated . ### guaranteeing permanent access to online content services for consumers throughout the european union based on subscriptions contracted in the member state of residence is an important element for the completion of the single market and the effective enforcement of the principles of free movement of persons and services . consumers should be able to use online services which offer access to content such as music , games , films or sporting events not only in their member state of residence but also when they are temporarily present in other member states of the union for purposes such as business or leisure travel , periods of study . therefore , barriers that hamper access and use of such online content services cross borders should be eliminated .


### service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in member states other than the member state of residence of the subscribers . the regulation enables right holders to require that the service provider make use of effective means in order to verify that the online content service is provided in conformity with this regulation . it is necessary , however , to ensure that the required means are reasonable and do not go beyond what is necessary in order to achieve this purpose . examples of the necessary technical and organisational measures may include sampling of ip address instead of constant monitoring of location , transparent information to the individuals about the methods used for the verification and its purposes , and appropriate security measures . considering that for purposes of the verification what matters is not the location , but rather , in which member state the subscriber is accessing the service , precise location data should not be collected and processed for this purpose . similarly , where authentication of a subscriber is sufficient in order to deliver the service provided , identification of the subscriber should not be required . ### the regulation enables right holders to require that the service provider make use of effective means in order to verify that the online content service is provided in conformity with this regulation . it is necessary , however , to ensure that the required means are reasonable , not intrusive , proportionate and do not go beyond what is strictly necessary in order to achieve this purpose . to that effect , providers should rely on the verification means listed in this regulation . these means should also not constitute an excessive burden for subscribers .


### this regulation introduces a common approach to ensuring that subscribers to online content services in the union , when temporarily present in a member state , can access and use these services . ### this regulation introduces a common approach in the union to ensuring that subscribers to portable online content services in their member states of residence can access and use these services when temporarily present in a member state .


### ' temporarily present ' means a presence of a subscriber in a member state other than the member state of residence ; ### ' temporarily present in a member state ' means a presence of a subscriber in a member state other than the member state of residence ;


### online content services which are provided without payment of money are also included in the scope of this regulation to the extent that providers verify the member state of residence of their subscribers . online content services which are provided without the payment of money and whose providers do not verify the member state of residence of their subscribers should be outside the scope of this regulation as their inclusion would involve a major change to the way these services are delivered and involve disproportionate costs . as concerns verification of the subscriber ' s member state of residence , information such as a payment of a licence fee for other services provided in the member state of residence , the existence of a contract for internet or telephone connection , ip address or other means of authentication , should be relied upon , if they enable the provider to have reasonable indicators as to the member state of residence of its subscribers . ### online content services which are provided without payment of money will have an option to be included in the scope of this regulation if they so decide and provided that they comply with the requirements on the verification of the member state of residence set out in this regulation in the same way as providers of online content services which are provided against payment of money . if they so decide , they should inform subscribers and the holders of copyright and related rights of their decision to exercise that option .


### the technological development leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers ' location . there is a rapidly growing demand on the part of consumers for access to content and innovative online services not only in their home country but also when they are temporarily present in another member state of the union . ### the technological development leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers ' location . there is a rapidly growing demand on the part of consumers for access to content and innovative online services not only in their member state of residence but also when they are temporarily present in another member state of the union .


### since the internal market comprises an area without internal frontiers relying , inter alia , on the free movement of services and persons , it is necessary to provide that consumers can use online content services which offer access to content such as music , games , films or sporting events not only in their member state of residence but also when they are temporarily present in other member states of the union . therefore , barriers that hamper access and use of such online content services cross border should be eliminated . ### since the internal market comprises an area without internal frontiers relying , inter alia , on the free movement of services and persons , it is necessary to provide that consumers can use online content services which offer access to content such as music , games , films or sporting events not only in their member state of residence but also when they are temporarily present in other member states of the union . therefore , barriers that hamper access and use of such online content services cross border should be eliminated , on condition that copyright and intellectual property rights are respected .


### this regulation shall apply also to contracts concluded and rights acquired before the date of its application if they are relevant for the provision , the access to and the use of an online content service in accordance with article 3 after that date . ### this regulation shall apply also to contracts concluded and rights acquired before the date of its application if they are relevant for the provision , the access to and the use of an online content service in accordance with articles 3 and 3a after that date .


### requiring that the delivery of online content services to subscribers temporarily present in member states other than their member state of residence be of the same quality as in the member state of residence could result in high costs for service providers and thus ultimately for subscribers . therefore , it is not appropriate for this regulation to require that the provider of an online content service take measures to ensure quality of delivery of such services beyond the quality available via the local online access chosen by a subscriber while temporarily present in another member state . in such cases the provider shall not be liable if the quality of delivery of the service is lower . nevertheless , if the provider expressly agrees to guarantee certain quality of delivery to subscribers while temporarily present in other member states , the provider shall be bound by such agreement . ### service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in member states other than the member state of residence of the subscribers . requiring that the delivery of online content services to subscribers temporarily present in member states other than their member state of residence be of the same quality as in the member state of residence could result in high costs for service providers and thus ultimately for subscribers . therefore , whilst this regulation does not impose disproportionate requirements to guarantee the same quality of delivery of such services beyond the quality available via the local online access chosen by a subscriber while temporarily present in another member state , the provider should explicitly and duly inform the subscriber on a durable medium about the quality of the delivery of an online content service in a member state other than that of residence and about clear technical settings preventing the service provider from guaranteeing identical quality standards in the country of temporary stay . in such cases the provider shall not be liable if the quality of delivery of the service is lower . this information should be regarded as material for the purposes of article 7 of directive 2005 / 29 / ec . moreover , if the provider expressly agrees to guarantee certain quality of delivery to subscribers while temporarily present in other member states , the provider shall be bound by such agreement .


### this regulation should apply only to online content services which subscribers can effectively access and use in the member state in which they habitually reside without being limited to a specific location , as it is not appropriate to require service providers that do not offer portable services in their home country to do so across borders . ### this regulation should apply only to online content services which subscribers can effectively access and use in their member state of residence without being limited to a specific location , as it is not appropriate to require service providers that do not offer portable services in their member state of residence to do so across borders .


### the provider of an online content service shall enable a subscriber who is temporarily present in a member state to access and use the online content service . ### the provider of an online content service provided against payment of money shall enable a subscriber who is temporarily present in a member state to access and use the online content service subject to effective and proportionate means of authentication and verification in accordance with this regulation .


### the provider of an online content service shall inform the subscriber of the quality of delivery of the online content service provided in accordance with paragraph 1 . ### however , the provider of an online content service shall duly inform the subscriber , on a durable medium , before the subscription of the contract or , for contracts subscribed before the date of application of this regulation , in due time before that date , of the quality of delivery of the online content service provided in accordance with paragraph 1 and of the conditions of portability set out in accordance with this regulation .


### the processing of personal data carried out within the framework of this regulation including , in particular , for purposes of verification under article 5 , shall be carried out in compliance with directives 95 / 46 / ec and 2002 / 58 / ec . ### the processing of personal data carried out within the framework of this regulation shall be carried out in compliance with directives 95 / 46 / ec and 2002 / 58 / ec .


### ' temporarily present ' means a presence of a subscriber in a member state other than the member state of residence ; ### ' temporarily present in a member state ' means a non - permanent presence of a subscriber in a member state other than the member state of residence ;


### ' online content service ' means a service as defined by articles 56 and 57 of the treaty on the functioning of the european union that a service provider is lawfully providing online in the member state of residence on a portable basis and which is an audiovisual media service within the meaning of directive 2010 / 13 / eu or a service the main feature of which is the provision of access to and use of works , other protected subject matter or transmissions of broadcasting organisations , whether in a linear or an on - demand manner , which is provided to a subscriber on agreed terms either : against payment of money ; or without payment of money provided that the subscriber ' s member state of residence is verified by the provider ; ### ' online content service ' means a service as defined by articles 56 and 57 of the treaty on the functioning of the european union that a service provider is lawfully providing online in the member state of residence on a portable basis and which is an audiovisual media service within the meaning of directive 2010 / 13 / eu or a service the main feature of which is the provision of access to and use of works , other protected subject matter or transmissions of broadcasting organisations , whether in a linear or an on - demand manner , which is provided to a subscriber on agreed terms ;


### consumers increasingly enter into contractual arrangements with service providers for the provision of online content services . however , consumers that are temporarily present in another member state of the union often cannot access and use the online content services that they have acquired the right to use in their home country . ### consumers increasingly enter into contractual arrangements with providers for the provision of online content services . however , consumers that are temporarily present in another member state of the union often cannot continue accessing and using the online content services that they have acquired the right to use in their member state of residence .


### this regulation should , therefore , apply to online content services that a service provider , after having obtained the relevant rights from right holders in a given territory , provides to its subscribers on the basis of a contract , by any means including streaming , downloading or any other technique which allows use of that content . a registration to receive content alerts or a mere acceptance of html cookies should not be regarded as a contract for the provision of online content service for the purposes of this regulation . ### this regulation should , therefore , apply to online content services that a service provider , after having obtained the relevant rights from right holders in a given territory , provides to its subscribers on the basis of a contract , by any means including streaming , downloading or any other technique which allows use of that content . a registration to receive content alerts or a mere acceptance of html cookies should not be regarded as a contract for the provision of online content service for the purposes of this regulation . online content services provided on the basis of pan - european licences under directive 2014 / 26 / eu shall also be excluded from the scope of this regulation .


### service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in member states other than the member state of residence of the subscribers . the regulation enables right holders to require that the service provider make use of effective means in order to verify that the online content service is provided in conformity with this regulation . it is necessary , however , to ensure that the required means are reasonable and do not go beyond what is necessary in order to achieve this purpose . examples of the necessary technical and organisational measures may include sampling of ip address instead of constant monitoring of location , transparent information to the individuals about the methods used for the verification and its purposes , and appropriate security measures . considering that for purposes of the verification what matters is not the location , but rather , in which member state the subscriber is accessing the service , precise location data should not be collected and processed for this purpose . similarly , where authentication of a subscriber is sufficient in order to deliver the service provided , identification of the subscriber should not be required . ### service providers within the scope of this regulation should be obliged to make use of effective means in order to verify the member state of residence of their subscribers . to that effect , the providers should rely on the verification means listed in this regulation . providers and right holders should be allowed to enter into agreements on particular verification means , whether listed or not in this regulation . the use of such means should always be reasonable and should not go beyond what is necessary in order to achieve the purpose of establishing the member state of residence .


### since the internal market comprises an area without internal frontiers relying , inter alia , on the free movement of services and persons , it is necessary to provide that consumers can use online content services which offer access to content such as music , games , films or sporting events not only in their member state of residence but also when they are temporarily present in other member states of the union . therefore , barriers that hamper access and use of such online content services cross border should be eliminated . ### guaranteeing permanent access to online content services for consumers throughout the european union based on subscriptions contracted in the member state of residence is an important element for the completion of the single market and the effective enforcement of the principles of free movement of persons and services . consumers should be able to use online services which offer access to content such as music , games , films or sporting events not only in their member state of residence but also when they are temporarily present in other member states of the union for purposes such as business or leisure travel , periods of study . therefore , barriers that hamper access and use of such online content services cross borders should be eliminated .


### therefore , increasingly , online content services are marketed in a package in which content which is not protected by copyright and / or related rights is not separable from content which is protected by copyright and / or related rights without substantially lessening the value of the service provided to consumers . this is especially the case with premium content such as sporting or other events of significant interest to consumers . in order to enable service providers to deliver to consumers full access to their online content services , it is indispensable that this regulation also covers such content used by online content services and therefore that it applies to audiovisual media services in the meaning of directive 2010 / 13 / eu as well as to transmissions of broadcasting organisations in their entirety . ### therefore , increasingly , online content services are marketed in a package in which content which is not protected by copyright and / or related rights is not separable from content which is protected by copyright and / or related rights without substantially lessening the value of the service provided to consumers . this is especially the case with premium content such as sporting or other events of significant interest to consumers . in order to enable service providers to deliver to consumers , who are temporarily present in a member states other than their member state of residence , full access to their online content services , it is indispensable that this regulation also covers such content used by online content services and therefore that it applies to audiovisual media services in the meaning of directive 2010 / 13 / eu as well as to transmissions of broadcasting organisations in their entirety . in this regard , it is crucial to fulfil the commitment to achieve the target of minimum download speeds of 30 mbps or more for all and 50% of the eu to be subscribed to broadband above 100 mbps by 2020 .


### 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 new challenges , it is necessary to adapt the current legal framework by providing a mandatory exception to the right of reproduction .


### this legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database . the new exception should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in article 5 of directive 2001 / 29 , which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception . research organisations should also benefit from the exception when they engage into public - private partnerships . ### this legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database . the new exception should only apply to the text and data mining process pursued for non - commercial purpose . right holders should keep the capacity to develop licences and to receive payment .


### this legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database . the new exception should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in article 5 of directive 2001 / 29 , which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception . research organisations should also benefit from the exception when they engage into public - private partnerships . ### this legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database for the purposes of text and data mining , which should not be subject to compensation given that in view of the nature and scope of the exception the harm should be minimal . an additional mandatory exception should allow research organisations to have access to normalised information in a format that enables it to be text and data mined provided that that process is carried out by the research organisation . rightholders should not be able to seek compensation for this exception that goes beyond what is necessary and proportionate to the cost of the normalisation process . research organisations should also benefit from this exception when they engage in public - private partnerships . these new exceptions should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in article 5 of directive 2001 / 29 , which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception .


### 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 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 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 .


### when implementing transparency obligations , the specificities of different content sectors and of the rights of the authors and performers in each sector should be considered . member states should consult all relevant stakeholders as that should help determine sector - specific requirements . collective bargaining should be considered as an option to reach an agreement between the relevant stakeholders regarding transparency . to enable the adaptation of current reporting practices to the transparency obligations , a transitional period should be provided for . the transparency obligations do not need to apply to agreements concluded with collective management organisations as those are already subject to transparency obligations under directive 2014 / 26 / eu . ### when implementing transparency obligations , the specificities of different content sectors and of the rights of the authors and performers in each sector , as well as the as well as the significance of the contribution by authors and performers authors and performers to the overall work or performance should be considered . member states should consult all relevant stakeholders as that should help determine sector - specific requirements . collective bargaining should be considered as an option to reach an agreement between the relevant stakeholders regarding transparency . to enable the adaptation of current reporting practices to the transparency obligations , a transitional period should be provided for . the transparency obligations do not need to apply to agreements concluded with collective management organisations as those are already subject to transparency obligations under directive 2014 / 26 / eu .


### 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 large quantities of works or other subject matter protected by copyright and provide public access to such works uploaded by their users must conclude fair and equitable licence agreements in cooperation with rightholders , ensuring them suitable remuneration in line with the number of downloads , unless they meet the conditions for exemption from liability under article 14 of directive 2000 / 31 / ec . implementation of these agreements shall be subject to respect for the fundamental rights of users , and in accordance with article 15 of directive 2000 / 31 / ec . service providers shall cooperate with rightholders to ensure the effectiveness and full transparency of such agreements .


### 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 . ### in the absence of existing procedures under applicable national laws or industry practices enabling the modification or annulment of contracts for the exploitation of rights in appropriate circumstances , member states shall ensure that authors and performers are entitled to request the adjustment of the agreed remuneration from the party with whom they entered into a contract for the exploitation of the rights , in cases where the remuneration agreed has become strikingly disproportionate compared to the subsequent relevant unanticipated net revenues and benefits derived by the contracting party from the exploitation of the works or performances . when assessing the disproportionality , the appropriate circumstances of each case , including the nature and significance of the contribution of the author or performer to the overall work or performance , should be taken into account .


### 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 , thereby going beyond the provision of mere physical facilities and communicating or making available those works or other subject &#8211 ; matter to the public shall , in cooperation with rightholders , take effective 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 . 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 .


### 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 , equitable , 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 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 or publicly accessible on the internet , 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 .


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


### 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 extracts of works to support , enrich or complement the teaching , including the related learning activities . 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 .


### 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 . ### member states shall ensure that the service providers referred to in paragraph 1 put in place complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraph 1 , in particular regarding the possible application of an exception or an authorisation of use relating to the content concerned . such mechanisms shall not unreasonably prejudice the effectiveness of measures referred to in paragraph 1 .


### member states may provide that the exception adopted pursuant to paragraph 1 does not apply generally or as regards specific types of works or other subject - matter , to the extent that adequate licences authorising the acts described in paragraph 1 are easily available in the market . ### member states may provide that the exception adopted pursuant to paragraph 1 does not apply generally or as regards specific types of works or other subject - matter , to the extent that licences authorising the acts described in paragraph 1 are available in the market .


### research organisations across the union encompass a wide variety of entities the primary goal of which is to conduct scientific research or to do so together with the provision of educational services . due to the diversity of such entities , it is important to have a common understanding of the beneficiaries of the exception . despite different legal forms and structures , research organisations across member states generally have in common that they act either on a not for profit basis or in the context of a public - interest mission recognised by the state . such a public - interest mission may , for example , be reflected through public funding or through provisions in national laws or public contracts . at the same time , organisations upon which commercial undertakings have a decisive influence allowing them to exercise control because of structural situations such as their quality of shareholders or members , which may result in preferential access to the results of the research , should not be considered research organisations for the purposes of this directive . ### research organisations across the union encompass a wide variety of entities the primary goal of which is to conduct scientific research or to do so together with the provision of educational services . due to the diversity of such entities , it is important to have a common understanding of the beneficiaries of the exception . despite different legal forms and structures , research organisations across member states generally have in common that they act either on a not for profit basis or in the context of a public - interest mission recognised by the state . such a public - interest mission may , for example , be reflected through public funding or through provisions in national laws or public contracts . at the same time , organisations upon which commercial undertakings have a significant influence allowing them to exercise control because of structural situations such as their quality of shareholders or members , which may result in preferential access to the results of the research , should not be considered research organisations for the purposes of this directive . commercial undertakings participating in ppps should acquire lawful access through the rights holder .


### 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 .


### 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 new challenges , it is necessary to adapt the current legal framework by providing a mandatory exception to the right of reproduction .


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


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


### this legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database . the new exception should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in article 5 of directive 2001 / 29 , which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception . research organisations should also benefit from the exception when they engage into public - private partnerships . ### this legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database . the new exception should only apply to the text and data mining process pursued for non - commercial purpose . right holders should keep the capacity to develop licences and to receive payment .


### research organisations across the union encompass a wide variety of entities the primary goal of which is to conduct scientific research or to do so together with the provision of educational services . due to the diversity of such entities , it is important to have a common understanding of the beneficiaries of the exception . despite different legal forms and structures , research organisations across member states generally have in common that they act either on a not for profit basis or in the context of a public - interest mission recognised by the state . such a public - interest mission may , for example , be reflected through public funding or through provisions in national laws or public contracts . at the same time , organisations upon which commercial undertakings have a decisive influence allowing them to exercise control because of structural situations such as their quality of shareholders or members , which may result in preferential access to the results of the research , should not be considered research organisations for the purposes of this directive . ### research organisations across the union encompass a wide variety and size of entities the primary goal of which is to conduct research or to do so together with the provision of educational services . taking into account the diversity of such entities , for instance small research organisations with only limited access to content , it is important that rightholders provide access to normalised datasets for the purpose of text and data mining . . despite different legal forms and structures , research organisations across member states generally have in common that they act either on a not for profit basis or in the context of a public - interest mission recognised by the state . such a public - interest mission may , for example , be reflected through public funding or through provisions in national laws or public contracts .


### a free and pluralist press is essential to ensure quality journalism and citizens ' access to information . it provides a fundamental contribution to public debate and the proper functioning of a democratic society . in the transition from print to digital , publishers of press publications are facing problems in licensing the online use of their publications and recouping their investments . in the absence of recognition of publishers of press publications as rightholders , licensing and enforcement in the digital environment is often complex and inefficient . ### a free and pluralist press is essential to ensure quality journalism and citizens ' access to information . it provides a fundamental contribution to public debate and the proper functioning of a democratic society . in the transition from print to digital , publishers of press publications have invested heavily in digitalizing their content and yet are facing problems in licensing the online use of their publications and recouping their investments . digital platforms such as new aggregators and search engines have developed their activities based on the investment by press publishers in the creation of content without contributing to its development . this poses a severe threat to the employment and fair remuneration of journalists and the future of media pluralism . in the absence of recognition of publishers of press publications as rightholders , licensing and enforcement in the digital environment is often complex and inefficient .


### union law already provides certain exceptions and limitations covering uses for scientific research purposes which may apply to acts of text and data mining . however , those exceptions and limitations are optional and not fully adapted to the use of technologies in scientific research . moreover , where researchers have lawful access to content , for example through subscriptions to publications or open access licences , the terms of the licences may exclude text and data mining . as research is increasingly carried out with the assistance of digital technology , there is a risk that the union ' s competitive position as a research area will suffer unless steps are taken to address the legal uncertainty for text and data mining . ### union law already provides certain exceptions and limitations covering uses for scientific research purposes which may apply to acts of text and data mining . however , those exceptions and limitations are optional and not fully adapted to the use of text and data mining technologies which are relevant far beyond the area of scientific research . moreover , where there is lawful access to content , for example through subscriptions to publications or open access licences , the terms of the licences may exclude text and data mining . as research is increasingly carried out with the assistance of digital technology , there is a risk that the union ' s competitive position as a research area and action lines envisaged in the european open science agenda will suffer unless steps are taken to address the legal uncertainty regarding text and data mining for all potential users . union law must acknowledge that text and data mining is increasingly used beyond formal research organisations and for purposes other than scientific research which nevertheless contribute to innovation , technology transfer and the public interest .


### 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 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 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 rightsholders .


### member states shall ensure that the service providers referred to in paragraph 1 put in place complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraph 1 . ### member states shall ensure that the service providers referred to in paragraph 1 put in place complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraph 1 , in particular regarding the possible application of an exception or an authorisation of use relating to the content concerned . such mechanisms shall not unreasonably prejudice the effectiveness of measures referred to in paragraph 1 .


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


### when implementing transparency obligations , the specificities of different content sectors and of the rights of the authors and performers in each sector should be considered . member states should consult all relevant stakeholders as that should help determine sector - specific requirements . collective bargaining should be considered as an option to reach an agreement between the relevant stakeholders regarding transparency . to enable the adaptation of current reporting practices to the transparency obligations , a transitional period should be provided for . the transparency obligations do not need to apply to agreements concluded with collective management organisations as those are already subject to transparency obligations under directive 2014 / 26 / eu . ### when implementing transparency obligations , the specificities of different content sectors and of the rights of the authors and performers in each sector should be considered . member states should consult all relevant stakeholders as that should help determine sector - specific requirements and standard reporting statements and procedures . collective bargaining should be considered as an option to reach an agreement between the relevant stakeholders regarding transparency . to enable the adaptation of current reporting practices to the transparency obligations , a transitional period should be provided for . the transparency obligations do not need to apply to agreements concluded with collective management organisations as those are already subject to transparency obligations under directive 2014 / 26 / eu , on the condition that member states have transposed directive 2014 / 26 / eu and taken all necessary measures to ensure that the management of all collective management organisations is carried out in a sound , prudent and appropriate manner . member states should also ensure that collective management organisations act in the best interest of the right holders whose rights they represent and regularly , diligently and accurately distribute and pay amounts due to rightholders and make public an annual transparency report , in full compliance with directive 2014 / 26 / eu .


### 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 . ### in the absence of existing procedures under applicable national laws or industry practices enabling the modification or annulment of contracts for the exploitation of rights in appropriate circumstances , member states shall ensure that authors and performers are entitled to request the adjustment of the agreed remuneration from the party with whom they entered into a contract for the exploitation of the rights , in cases where the remuneration agreed has become strikingly disproportionate compared to the subsequent relevant unanticipated net revenues and benefits derived by the contracting party from the exploitation of the works or performances . when assessing the disproportionality , the appropriate circumstances of each case , including the nature and significance of the contribution of the author or performer to the overall work or performance , should be taken into account .


### 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 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 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 .


### research organisations across the union encompass a wide variety of entities the primary goal of which is to conduct scientific research or to do so together with the provision of educational services . due to the diversity of such entities , it is important to have a common understanding of the beneficiaries of the exception . despite different legal forms and structures , research organisations across member states generally have in common that they act either on a not for profit basis or in the context of a public - interest mission recognised by the state . such a public - interest mission may , for example , be reflected through public funding or through provisions in national laws or public contracts . at the same time , organisations upon which commercial undertakings have a decisive influence allowing them to exercise control because of structural situations such as their quality of shareholders or members , which may result in preferential access to the results of the research , should not be considered research organisations for the purposes of this directive . ### research organisations across the union encompass a wide variety of entities the primary goal of which is to conduct scientific research or to do so together with the provision of educational services . due to the diversity of such entities , it is important to have a common understanding of the beneficiaries of the exception . despite different legal forms and structures , research organisations across member states generally have in common that they act either on a non - commercial basis or in the context of a public - interest mission recognised by the state . such a public - interest mission may , for example , be reflected through public funding or through provisions in national laws or public contracts . research organisations that carry out text and data mining for a commercial purpose , shall not be considered research organisation for the purpose of this directive . at the same time , organisations upon which commercial undertakings have a significant influence allowing them to exercise control because of structural situations such as their quality of shareholders or members , which may result in preferential access to the results of the research , should not be considered research organisations for the purposes of this directive . research organisations that carry out text and data mining as part of public - private partnership should benefit from the exception provided that they act on a non - profit , non - commercial purpose . therefore , content used by research organisations that carry out text and data mining for commercial purposes as part of a public - private partnership should be lawfully acquired by their commercial partner .


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


### member states shall ensure that the service providers referred to in paragraph 1 put in place complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraph 1 . ### member states shall ensure that national law provides users access to a court or other relevant authority for the purpose of asserting their right of use under an exception or limitation .


### rightholders shall be allowed to apply measures to ensure the security and integrity of the networks and databases where the works or other subject - matter are hosted . such measures shall not go beyond what is necessary to achieve that objective . ### rightholders shall not be allowed to apply measures to prevent or hinder beneficiaries from benefiting from the exception provided for in paragraph 1 , unless such measures are to ensure the security and integrity of the networks and databases where the works or other subject - matter are hosted may be applied . such measures shall not exceed what is necessary to pursue the objective of ensuring the security of the system and should not undermine the effective application of the exception . these measures shall not prevent or unreasonably restrict the ability to text and data mine or the ability to develop text and data mining tools different from those offered by the rightholders as long as the security of the networks and databases are protected .


### certain contracts for the exploitation of rights harmonised at union level are of long duration , offering few possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title . therefore , without prejudice to the law applicable to contracts in member states , there should be a remuneration adjustment mechanism for cases where the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the relevant revenues and the benefits derived from the exploitation of the work or the fixation of the performance , including in light of the transparency ensured by this directive . the assessment of the situation should take account of the specific circumstances of each case as well as of the specificities and practices of the different content sectors . where the parties do not agree on the adjustment of the remuneration , the author or performer should be entitled to bring a claim before a court or other competent authority . ### certain contracts for the exploitation of rights harmonised at union level are of long duration , and authors and performers may not always be able to renegotiate them with their contractual counterparts or their successors in title . therefore , if , under the applicable law or practice in member states , authors and performers are not able to seek the modification or annulment of contracts for the exploitation of rights , member states shall provide for a remuneration adjustment mechanism in appropriate cases where the remuneration agreed under a licence or a transfer of rights has become strikingly disproportionate compared to the relevant unanticipated net revenues and the benefits derived from the exploitation of the work or the fixation of the performance , including in light of the transparency ensured by this directive . the assessment of the situation should take account of the specific circumstances of each case as well as of the specificities and practices of the different content sectors . when assessing the disproportionality , the appropriate circumstances of each case , including the nature and significance of the contribution of the author or performer to the overall work or performance , should be taken into account . where the parties do not agree on the adjustment of the remuneration , the author or performer may be entitled to bring a claim before a court or other competent authority .


### 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 or publicly accessible on the internet , 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 .


### 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 . ### where information society service providers that store and provide to the public access to works or other subject - matter uploaded by their users conclude agreements with rightsholders , the implementation of such agreements shall respect the users ' fundamental rights and shall in particular not convey an obligation upon the information society service provider to monitor the information which they transmit or store , nor a general obligation actively to seek facts or circumstances indicating illegal activity . the service providers shall cooperate and work together with rightsholders to ensure that the functioning and implementation of such agreements are full and transparent towards the users .


### 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 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 or extract thereof , except contents that are primarily intended to the educational and musical scores markets for the sole purpose of illustration for teaching , to the extent justified by the non - commercial purpose to be achieved , provided that the use :


### the commission , in accordance with the examination procedure referred to in article 7 , shall agree with the jordanian authorities on clearly defined economic policy and financial conditions , focusing on structural reforms and sound public finances , to which the union ' s macro - financial assistance is to be subject , to be laid down in a memorandum of understanding . the economic policy and financial conditions set out in the memorandum of understanding shall be consistent with the agreements or understandings referred to in article 1 , including the macroeconomic adjustment and structural reform programmes implemented by jordan with the support of the imf . ### the commission , in accordance with the examination procedure referred to in article 7 , shall agree with the jordanian authorities on clearly defined economic policy and financial conditions , focusing on structural reforms and sound public finances , to which the union ' s macro - financial assistance is to be subject , including a timeframe for the fulfilment of those conditions , to be laid down in a memorandum of understanding . the economic policy and financial conditions set out in the memorandum of understanding shall be consistent with the agreements or understandings referred to in article 1 , including the macroeconomic adjustment and structural reform programmes implemented by jordan with the support of the imf .


### ' supplementary information ' means information on the functional and environmental performance of an energy - related product , such as its absolute energy consumption or durability , which is based on data that are measurable by market surveillance authorities , is unambiguous and has no significant negative impact on the clear intelligibility and effectiveness of the label as a whole towards customers . ### ' supplementary information ' means information on the functional , environmental and resource - efficient performance of an energy - related product , such as , for example , its absolute energy consumption , durability , the extent to which it can be repaired , or its recycled material content , which is based on data that are measurable by market surveillance authorities , is unambiguous and has no significant negative impact on the clear intelligibility and effectiveness of the label as a whole towards customers .


### where the market surveillance authorities consider that non - compliance is not restricted to their national territory , they shall inform the commission and the other member states of the results of the evaluation and of the actions which they have required the supplier to take . ### where the market surveillance authorities consider that there is any non - compliance , they shall inform the commission and the other member states of the results of the evaluation and of the actions which they have required the supplier to take .