EU copyright reform: Option 3 – Legislative intervention (Adequate remuneration of authors and performers; Libraries and archives; Private copying and reprography)

Legislative intervention

Adequate remuneration of authors and performers

This option would consist in determining and harmonising the mechanisms required to help achieve adequate remuneration of authors and performers throughout the EU. This could include, for example, harmonised rules as regards contractual clauses between authors and performers on the one hand and producers/publishers on the other (e.g. some types of clauses could be blacklisted) as well as modalities relating to the transfer of rights, possibly per sector (e.g. presumption of transfer of rights could be established).

Libraries and archives

This option would harmonise and make mandatory the implementation in national legislation of exceptions for preservation, for remote access for the purpose of research and private study, and e-lending. As to the scope of exception, two solutions can be envisaged:

Alternative a

The preservation exception would apply to all works, including those born-digital, and including format-shifting. An exception for remote (off-premise) online consultation for purpose of research and private study would apply to those works to which no terms and conditions apply at the time of purchase, as long as a secure network could be assured. The e-lending exception would apply in a manner which would be functionally equivalent to physical lending and include conditions to make it compatible with the three step test. In addition, mass digitisation would be promoted through giving cross-border effect to Member States’ legislation underpinning voluntary agreements for the making available of out-of-commerce works.

Alternative b

The preservation exception would be extended to enable restoration and mass digitisation of all works in libraries’ collections (including all legal deposit materials), whether or not in-commerce. Remote access would be extended to cover the same works.

Private copying and reprography

Alternative a

Clarifying which categories of acts of reproduction could cause harm requiring compensation in the context of licenced digital transmissions and laying down the minimal requirements levy schemes need to fulfil in particular as regards exemption and/or reimbursement of undue payments as well as their transparency.

Alternative b

Phasing out levies together as the development of digital services will minimise the harm private copying inflicts on right holders. Accompanying, transitional measures to mitigate possible negative impacts will be introduced.