Abstract
Article 1(1) states the obvious: that the Directive aims to harmonise further Union copyright and related rights law taking into account in particular digital and cross-border uses of protected content within the internal market. This aim was already provided in the Commission Communication of 9 December 2015 entitled ‘Towards a modern, more European copyright framework’ and is pertinent to achieving the Digital Single Market, as this term is stated in the Directive’s title. Article 1(1) also enumerates in broad terms the areas where action is taken, i.e., it lays down rules on exceptions and limitations, on the facilitation of licences, as well as rules, which aim to ensure a well-functioning marketplace for the exploitation of works and other subject matter. More particularly according to Recital 3: This Directive provides for rules to adapt certain exceptions and limitations to copyright and related rights to digital and cross-border environments, as well as for measures to facilitate certain licensing practices, in particular, but not only, as regards the dissemination of out-of-commerce works and other subject matter and the online availability of audiovisual works on video-on-demand platforms, with a view to ensuring wider access to content. It also contains rules to facilitate the use of content in the public domain. In order to achieve a well-functioning and fair marketplace for copyright, there should also be rules on rights in publications, on the use of works or other subject matter by online service providers storing and giving access to user-uploaded content.
Original language | English |
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Title of host publication | EU Copyright Law |
Subtitle of host publication | A Commentary |
Publisher | Edward Elgar Publishing Ltd. |
Pages | 651-761 |
Number of pages | 111 |
ISBN (Electronic) | 9781786437808 |
ISBN (Print) | 9781786437792 |
Publication status | Published - 1 Jan 2021 |