Copyright Management [EU]

Table of Contents

Improving the online licensing of music across the EU

This directive aims at improving the functioning of copyright collective management organisations. It also makes it easier to grant EU-wide licensing of authors’ rights in regard to music that is made available online.

Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market.

The directive is designed to improve the online licensing of music by collective management organisations across the EU.

Collective management organisations collect, manage and distribute earnings from the exploitation of the rights the responsibility for which rightsholders (i.e. the producers of the music) have delegated to them.

Management of copyright includes granting licences to users, monitoring the use of rights, collecting revenues and distributing them. They enable rightsholders to be remunerated for useswhich they would not be in a position to control or enforce themselves .

Prior to the introduction of the directive, online music service providers typically had to obtain licences for music services across the EU from separate collective management organisations in each EU country.

The directive will allow the online music service providers to obtain licences from collective management organisations operating across EU borders. This is called ‘multi-territorial licensing’. The rules for this are set out in Title III of the directive. This type of licensing is expected to give consumers wider choice to download music or to listen to it in streaming mode and to encourage the development of new models of music access. The development of legal online music services across the EU is also expected to help in the fight against online infringements of copyright.

Further information is available from the European Commission’s Directorate-General for Internal Market, Industry, Entrepreneurship and SMEs website.

References

Act

Entry into force

Deadline for transposition in the Member States

Official Journal

Directive 2014/26/EU

9.4.2014

10.4.2016

OJ L 84, 20.3.2014., p. 72-98

The Marrakesh Treaty

The Marrakesh Treaty on print access for visually impaired persons

Decision (EU) 2018/254 on the conclusion of the Marrakesh Treaty

WHAT IS THE AIM OF THE TREATY AND OF THE DECISION?

The Marrakesh Treaty aims to improve the availability and cross-border exchanges of certain works and other protected subject matter in accessible formats for persons who are blind, visually impaired or otherwise print-disabled.

The decision authorises the conclusion of the treaty by the EU.

The Marrakesh Treaty has been implemented in EU law by Directive (EU) 2017/1564 and Regulation (EU) 2017/1563.

KEY POINTS

The Marrakesh Treaty requires contracting parties to allow for exceptions or limitations to copyright and related rights to reproduce and disseminate copies, in accessible formats, of certain works and other protected subject matter, and for the international circulation of those copies.

Beneficiary persons

The beneficiary persons under the treaty are those affected by a range of disabilities that interfere with the effective reading of printed material. They comprise persons who are blind, or have a learning, physical or visual disability that prevents them from reading and understanding printed material, or holding or manipulating books or other printed works (beneficiary persons under the treaty).

This includes works ‘in the form of text, notation and/or related illustrations, whether published or otherwise made publicly available in any media’, including audiobooks.

The treaty also recognises the role of authorised entities which may, on a non-profit basis, make accessible format copies of published works, for non-commercial lending or electronic distribution, as long as access to the work is lawful, making only those changes needed to make the work accessible, and supplying the copies only for use by beneficiary persons.

Exceptions or limitations to copyright, including for import and export

The treaty requires the parties to introduce an exception or a limitation to national copyright laws to allow the reproduction and dissemination of accessible format copies.

In addition, in order to facilitate international circulation of books available in accessible format copies, the treaty requires parties to allow the import and export of accessible format copies under certain conditions:

a copy may be imported without rightsholder authorisation;
accessible format copies can be exported by an authorised entity to a beneficiary person or other authorised entity for the exclusive use of the works by beneficiary persons.
Parties to the treaty

Membership of the treaty is open to World Intellectual Property Organisation (WIPO) members and the EU. The treaty requires WIPO to establish an ‘information access point’ to allow the voluntary sharing of information and the identification of authorised entities. It also establishes an Assembly of the Contracting Parties whose main task is to maintain and develop the treaty.

EU ratification

On 13 September 2017, Regulation (EU) 2017/1563 and Directive (EU) 2017/1564 introduced into EU law the new mandatory exception to copyright rules, in line with the treaty. On 15 February 2018, Council Decision (EU) 2018/254 approved the conclusion of the treaty prior to full ratification.

FROM WHEN DOES THE TREATY APPLY?

The Marrakesh Treaty entered into force on 30 September 2016, 3 months after the required number of 20 parties to the treaty was reached.

The Council decision approving the treaty’s conclusion was adopted on 15 February 2018, with EU ratification of the treaty following on 12 October 2018.

BACKGROUND

The EU Court of Justice ruled in 2017 that the EU has exclusive competence and that the Marrakesh Treaty may be concluded by the EU acting on its own, without the participation of individual EU countries.

Parties to the treaty have the freedom to implement its provisions taking into account their own legal systems and practices, complying with the three-step test obligations established in Article 9(2) of the Berne Convention for the Protection of Literary and Artistic Works. Under the convention, any exception or limitation must not conflict with a normal exploitation of the work and must not unreasonably prejudice the legitimate interests of the author.

For more information, see:

Implementation of the Marrakesh Treaty in EU law (European Commission).
MAIN DOCUMENT

Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or otherwise Print Disabled (OJ L 48, 21.2.2018, pp. 3-11)

Council Decision (EU) 2018/254 of 15 February 2018 on the conclusion on behalf of the European Union of the Marrakesh Treaty to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or otherwise Print Disabled (OJ L 48, 21.2.2018, pp. 1-2)

Regulation implementing the Marrakesh Treaty in the EU

Regulation (EU) 2017/1563 on the cross-border exchange between EU and non-EU countries of accessible format copies of certain works for the benefit of persons who are blind, visually impaired or otherwise print-disabled

It sets out the rules for how works or other subject matter* in accessible format copies* are shared between the EU and non-EU countries that are party to the Marrakesh Treaty, for the benefit of persons who are blind, visually impaired or otherwise print-disabled, and without needing copyright holder permission.

The Marrakesh Treaty

The Marrakesh Treaty requires countries who sign up to it to adopt national laws encouraging books to be produced in accessible formats, such as braille, e-text, audio or large print, aimed at people who are blind, visually impaired or otherwise print-disabled. These laws should also make it easier to share these items across national boundaries without needing authorisation by the copyright holder. The treaty was signed in 2013 and was ratified by the EU on 1 October 2018. The EU became a party to the treaty on 1 January 2019.

This regulation

An EU country authorised entity* is permitted to make available to beneficiary persons*, or to any authorised entities in non-EU countries which are party to the treaty, accessible versions of books or other written materials allowed by Directive (EU) 2017/1564, the directive implementing the Marrakesh Treaty in the EU, and these items may also be imported and used by such persons or entities.

An authorised entity must:

discourage unauthorised reproduction and distribution to the public of accessible format copies;
keep records of its handling of works and accessible format copies;
publish information on how it complies with these obligations;
follow rules on the processing of personal data of beneficiary persons;
provide the following information in an accessible way, on request, to beneficiary persons, other authorised entities or copyright holders
the list of works for which it has accessible format copies and the available formats and
contact details of the authorised entities involved in the exchange of accessible format copies.

Application

By 11 October 2023, the European Commission will evaluate the regulations’s operation and report to the European Parliament, the Council and the European Economic and Social Committee, with proposals for amending the regulation, where appropriate.

It has applied since 12 October 2018.

For more information, see:

Implementation of the Marrakesh Treaty in EU law (European Commission)
EU accedes to the Marrakesh Treaty (European External Action Service).

KEY TERMS

Work or other subject matter: a book, journal, newspaper, magazine or other kind of writing, notation, including sheet music, and related illustrations, in any media, including in audio form such as audiobooks and in digital format, which is protected by copyright or related rights and which is published or made publicly available.
Accessible format copy: a copy of a work in a form that gives a beneficiary person access as feasibly and comfortably as a person without any of the impairments or disabilities covered by this directive.
Authorised entity: an entity authorised or recognised by a country to provide education, training, adaptive reading or information access to beneficiary persons on a non-profit basis.
Beneficiary person: a person who is blind, has a visual impairment, or a perceptual or reading disability and is unable to read printed works to the same degree as a person without such an impairment, or is unable to hold or manipulate a book or to focus or move their eyes to the extent normally acceptable for reading.

MAIN DOCUMENT

Directive implementing the Marrakesh Treaty in the EU

Directive (EU) 2017/1564 on permitted uses of certain works protected by copyright for the benefit of persons who are blind, visually impaired or otherwise print-disabled

It aims to set out rules on the use of certain works or other subject matter* in accessible format copies* without the authorisation of the copyright holder, for the benefit of persons who are blind, visually impaired or otherwise print-disabled in accordance with the Marrakesh Treaty.

The Marrakesh Treaty

The Marrakesh Treaty requires countries who sign up to it to adopt national laws encouraging books to be produced in accessible formats, such as braille, e-text, audio or large print, aimed at people who are blind, visually impaired or otherwise print-disabled. The laws should also make it easier to share these items across national boundaries without needing authorisation by the copyright holder. The treaty was signed in 2013 and was ratified by the EU on 1 October 2018. The EU became a party to the treaty on 1 January 2019.

This directive allows for:

a beneficiary person*, or a person acting on their behalf, to make an accessible format copy of a work or other subject matter (e.g. in braille) to which the beneficiary person has lawful access, for the use of the beneficiary person; and
an authorised entity* to make an accessible format copy of a work or other subject matter to which it has lawful access, or to communicate, make available, distribute or lend an accessible format copy to:
a beneficiary person; or
another authorised entity, on a non-profit basis, for the exclusive use of a beneficiary person.

An authorised entity must:

Regulation (EU) 2017/1563, the Regulation implementing the Marrakech Treaty in the EU, adopted at the same time as this directive, sets out the rules for how such works or other subject matter are shared between the EU and non-EU countries that are party to the treaty without needing copyright holder permission.

Application & Beneficiary

It has applied since 10 October 2017 and had to become law in the EU countries by 11 October 2018.

BACKGROUND

For more information, see:

Implementation of the Marrakesh Treaty in EU law (European Commission)
EU accedes to the Marrakesh Treaty (European External Action Service).

MAIN DOCUMENT

Copyright Management [EU]

Improving the online licensing of music across the EU

References

The Marrakesh Treaty

Regulation implementing the Marrakesh Treaty in the EU

Application

MAIN DOCUMENT

Directive implementing the Marrakesh Treaty in the EU

Application & Beneficiary

Implementation of the Marrakesh Treaty in EU law (European Commission) EU accedes to the Marrakesh Treaty (European External Action Service). MAIN DOCUMENT

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MAIN DOCUMENT