In April 2019, the Directive on Copyright in the Digital Single Market was formally adopted, a change that will positively transform authors’ rights throughout the EU. Each member state now has until 7 June 2021 to transpose the Directive into their respective national law.
This reform is an opportunity to address pressing issues for authors in the Digital Single Market and will promote the growth of Europe’s creative and cultural industries (CCIs) – a major driver of Europe’s economy.
One of the biggest achievements of this new piece of legislation was to address the
‘Transfer of Value’ problem, a priority issue for all European creators.
Below are some of the Directive’s key areas that will affect creators and those who profit from their work.
Article 3
A mandatory text and data mining exception for researchers and universities for their scientific research and non-commercial activities
Article 4
A general text and data mining exception, including for commercial purposes, where the content is lawfully and publicly accessible for such a purpose
Use of works for teaching online
Article 5
An extension of the existing exception for illustration for teaching (e.g. use of painting or a short piece of a book or playing a part of a broadcast in the classroom) to cross-border online uses of educational institutions
Cultural heritage organisations
Article 6
An exception for cultural heritage organisations to make copies of the works that are permanently in their collections for preservation purposes
Article 8
Streamlined extended licensing schemes so cultural heritage organisations can provide easy cross-border access to out-of-commerce works. Where this is not possible, a new exception can be applicable
Extended collective licensing for wider access
Article 12
A general legal framework for introducing extended collective licensing schemes to facilitate public access to protected works, where applicable
A new right for press publishers and possibility of journalists to benefit from that
Article 15
A new neighbouring right for press publishers and journalists to benefit from the use of their press publications by online news aggregators
Fixing the Transfer of Value/Value Gap in online market
Article 17
Remuneration of creators for the use of their works on certain ‘user-uploaded content’ platforms
Contractual guarantees for creators and performers
Article 18 to 22 Further guarantees for creators’ remuneration and their protection in their contractual relations with publishers, producers, etc.
News
Joint statement on AI Act implementation
Together with 23 other creators and rightsholder organisations, on October 29, 2024, GESAC sent a letter to European policy makers urging them to ensure the AI Act is effectively implemented, protecting and promoting European Cultural and Creative Industries (CCIs).
The GESAC community is deeply saddened by the passing away of Prof. Dr. Reinhold Kreile, who dedicated his life to the protection and improvement of authors’ rights.
We are pleased to announce the launch of the 7th edition of the ALAI European Authors’ Right Award, supported by GESAC. This year, once again, the award will be handed out to a student/researcher for submitting the best essay related to authors’ rights/copyright with a European dimension.
Are you a law student currently studying or researching authors’ right/copyright? If so, we encourage you to apply for this year Authors’ Right Award!
More information about the prize, eligibility criteria and how to register here.
David El Sayegh elected as the new President of GESAC
GESAC General Assembly also elects its new Board for 2024-2026 mandate
Brussels, 23 May 2024 – GESAC, the European Grouping of Authors’ Societies (CMOs) gathering 32 authors’ societies from the European Union, Iceland, Norway, and Switzerland, and representing as such more than one million authors and rightholders from all artistic fields, including music, audiovisual, visual arts, literacy, held the elections for its Board and the President for the 2024-2026 mandate, at its statutory General Meeting.