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Articoli Correlati: copyright - online publications

Published in the Official Journal of the European Union n. 130 of 17 May 2019, the Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the digital single market which amends Directives 96/9/EC and 2001/29/CE. The Directive establishes rules aimed at further harmonizing the Union legal framework applicable to copyright and related rights within the internal market, taking into account in particular the digital and cross-border uses of protected content. It also establishes rules concerning the exceptions and limitations to copyright and related rights, the facilitation of obtaining licenses, as well as rules aimed at ensuring the proper functioning of the market for the exploitation of works and other materials. The Directive entered into force on 6 June 2019. Member States must bring into force the laws, regulations and administrative provisions necessary to comply with this directive by 7 June 2021, immediately notifying the Commission. The Directive must be applied to all works and other materials protected by national law in the field of copyright as of 7 June 2021 or later and subject to the concluded acts and the rights acquired before 7 June 2021. Important is the introduction of the “principle of adequate and proportionate remuneration” according to which it must be guaranteed, in each member state, to which the authors and artists (performers), whether they license or transfer their exclusive rights to the exploitation of their works or other materials, they have the right to receive adequate and proportionate remuneration. As a guarantee of the aforementioned principle, the obligation of transparency is introduced as Member States ensure that authors and artists receive, at least once a year and taking into account the specificities of each sector, updated, pertinent and complete information on the exploitation of their works and performances by those to whom they have licensed or transferred the rights or by the assignees, in particular as regards the methods of exploitation, all the proceeds generated and the remuneration due.