{"title":"Article 13—Negotiation Mechanism","authors":"Eleonora Rosati","doi":"10.1093/oso/9780198858591.003.0014","DOIUrl":"https://doi.org/10.1093/oso/9780198858591.003.0014","url":null,"abstract":"This chapter analyzes Article 13 of Directive 2019/790, the European copyright order in the Digital Single Market, which focuses on negotiation mechanism. It highlights the conclusion of an agreement for the purpose of making available audiovisual works on video-on-demand services for parties facing difficulties related to the licensing of rights. It also considers the impartial body established or designated by a Member State that provides assistance to the parties with their negotiations and help the parties reach agreements. The chapter describes video-on-demand services that have the potential to play a decisive role in the dissemination of audiovisual works across the Union. It looks at agreements on the online exploitation of audiovisual works, which can be difficult to conclude due to issues related to the licensing of rights.","PeriodicalId":384665,"journal":{"name":"Copyright in the Digital Single Market","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132358241","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Article 23—Common Provisions","authors":"Eleonora Rosati","doi":"10.1093/oso/9780198858591.003.0024","DOIUrl":"https://doi.org/10.1093/oso/9780198858591.003.0024","url":null,"abstract":"This chapter covers the common provisions in Article 23 of the copyright order in Europe, Directive 2019/790. It refers to Member States that are required to ensure that any contractual provision that prevents compliance with the transparency obligation and contract adjustment mechanism will be unenforceable in relation to authors and performers. It also looks at the legislation that causes non-compliance with the alternative dispute resolution procedure. The chapter points out that the provisions on the right of revocation do not apply to authors of a computer program within the meaning of Article 2 of Directive 2009/24/EC on the legal protection of computer programs. It emphasizes that the principle of appropriate and proportionate remuneration in Article 18 of Directive 2019/790 do not affect individuals involved in computer programs.","PeriodicalId":384665,"journal":{"name":"Copyright in the Digital Single Market","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126533980","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Article 27—Transitional Provision","authors":"Eleonora Rosati","doi":"10.1093/oso/9780198858591.003.0028","DOIUrl":"https://doi.org/10.1093/oso/9780198858591.003.0028","url":null,"abstract":"This chapter covers the transitional provision in Article 27 of the copyright order in Europe, Directive 2019/790. It stresses that agreements for the licence or transfer of rights of authors and performers will be subject to the transparency obligation set out in Article 19 of the directive. The agreements will be undertaken by the legislation on transparency obligation on 7 June 2022. Article 19 is aimed at strengthening the contractual position of authors and performers and contributing to the realization of one of the key objectives of Directive 2019/790. The provisions outlined in the transparency obligation intends to achieve a fair marketplace.","PeriodicalId":384665,"journal":{"name":"Copyright in the Digital Single Market","volume":"23 25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128443854","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}