Estado da Transposição da Diretiva na UE

Tabela sobre a implementação da Diretiva de Direitos de Autor e Direitos Conexos nos diferentes países da União Europeia. A informação disponibilizada encontra-se em atualização permanente. Última revisão: 11 de abril de 2023.
Fonte: EMMA/ENPA – Associação Portuguesa de Imprensa (API) – Centro de competências dos media de Aveiro (AMCC)

A B C D F G H I L M N P R S U Austria Entry into force of national laws: The law entered into force on 1 January 2022. Click here to acess the link to national laws. On author’s remuneration and author’s share per Articles 15 & 18:  The new section 37b(2) enshrines the general principle that authors are entitled to receive “appropriate and proportionate” remuneration. This does not prevent the agreement of flat-rate remuneration. This principle is established both in the case of transfer/granting of exclusive as well as (beyond the requirement of the DSM Directive) non-exclusive rights of use, without, however, formulating a claim. The provision further specifies the adequacy of collective bargaining agreements and remuneration rules. Per the new Section 76f, publishers must ensure that authors receive “an appropriate share” (left unspecified) of the publishers’ revenue stemming from the neighbouring rights negotiations with online service providers. Per the new Section 57a (Publisher participation in statutory remuneration claims), if authors granted publishers a right to a work, the publisher shall be entitled to an appropriate share of the statutory remuneration claims in relation to this right, unless the parties have excluded the publisher’s participation in the remuneration when the right was granted. The publisher’s claim can only be exercised by a collecting society that manages the rights of authors and publishers together. Per the new Section 31a, authors who are granted a right to use the work in return for a lump sum payment are entitled to use the work elsewhere after a period of fifteen years. Form of Collective Licensing: Voluntary Note: Mandatory licensing of the publisher’s right via a collecting society was called off by the government at the last minute. Our members were supporting a solution of mandatory licensing of the publishers’ right under the condition that it would have been managed by a publisher-owned collecting society. Currently, no significant developments took place. The implementation structure does not benefit publishers and a number of direct deals have been struck with Google. CMO: Corint Media Austria Negotiation mechanism for Article 15:  No specific mechanism is foreseen for the Article 15 licencing negotiations between publishers and online services on neighbouring rights. Scope:  The law extends the protection to publishers established anywhere in the EU, as the EU DSM Directive requires in its Article 15(1). General Dispute Settlement instruments: Mediation by an Arbitration Committee is foreseen for situations concerning the contract adjustment mechanism and the right to information. Belgium Entry into force of national laws: The law entered fully into force on 1 August 2022. Note: Transposition Law currently being challenged by Google, Meta, Spotify et al. One of the mechanisms targeted concern the provisions transposing Article 15’s press publishers’ right, with Meta leading this specific challenge to the law. Click here to acess the link to national laws. On author’s remuneration and author’s share per Articles 15 & 18:  The new Article XI.167/1 enshrines the general principle that when an author has transferred or licensed his exclusive rights for the exploitation of his works within the framework of an exploitation agreement, he retains the right to receive “appropriate and proportional remuneration”. Per the new Article XI.216/2. § 1 and § 6 publishers must ensure that authors receive “an appropriate share” (left unspecified) of the publishers’ revenue stemming from the neighbouring rights negotiations with online service providers. The remuneration is determined in accordance with a collective agreement between the press publishers on the one hand and the authors. § 7 adds a transparency obligation whereby press publishers shall provide, within one month following a written request of the management companies/collective management bodies, up-to-date, relevant and complete information on the remuneration that the press publisher receives from the service provider of the information society. Form of Collective Licensing: Voluntary CMO: TBC Negotiation mechanism for Article 15:  A specific mechanism is foreseen for the Article 15 licencing negotiations between publishers and online services on neighbouring rights. Per the new Article XI.216/2. § 2, in disputes related to the Article 15 licencing negotiations between publishers and online services on neighbouring rights, the Telecom regulator (Institut Belge des Postes et Télécommunications – IBPT) is empowered to settle the dispute by a binding decision, provided that the parties have at least previously attempted to reach an agreement in good faith. The law provides also a transparency obligation for the platforms (whereby useful data must be communicated to publishers on demand) and a new guarantee introduced via an amendment introduced in Committee: the obligation to negotiate only exists regarding content that the publisher intends to allow a platform to use (“pour autant que et dans la mesure où l’éditeur de presse est disposé à autoriser les exploitations précitées”). Neighbouring rights negotiations: Already received data from Google on the extent of content usage. Scope:  The law extends the protection to publishers established anywhere in the EU, as the EU DSM Directive requires in its Article 15(1). Bulgaria Entry into force of national laws: The draft law on the implementation of the Copyright Directive was adopted by the Council of Ministers on 16 November 2022 and has been submitted to the Parliament. Work is ongoing in the lead Committee on Legal Affairs. Click here to acess the link to national laws. On author’s remuneration and author’s share per Articles 15 & 18:  The draft § 15 enshrines the general principle that authors are entitled to a “fair and proportionate” remuneration. Per the draft new Article 90е transposing Article 15 of the EU Directive, unless otherwise agreed in writing, the revenue of publishers from online uses stemming from the neighbouring rights negotiations with online service providers shall be distributed as follows: 80% for publishers; and 20% for the authors. Negotiation mechanism for Article 15:  No specific mechanism is foreseen for the Article 15 licencing negotiations between publishers and online services on neighbouring rights. Scope:  The law restricts the protection to publishers established in the national territory, contrary to what the EU DSM Directive requires in its Article 15(1). Per the draft § 27, an Article on “Contracts for publication in the press or other periodicals” is included stipulating that authors of commissioned works shall not, without the consent of publishers, offer the same work or parts thereof for publication or reproduction prior to its disclosure by the publisher. Unless otherwise agreed, this limitation shall not apply where fifteen days have elapsed, in the case of newspapers and news websites on the Internet, and three months in the case of magazines. It includes a detailed discription of “very short extracts from press publications”: It is to be understood as the title of the publication together with the first up to 100 consecutive characters (not words), which may be accompanied by a preview image in a small format with a resolution of up to 128 by 128 pixels and part of a sound file or a video clip of up to three seconds; In addition to what is foreseen by the Directive, in Chapter Six ‘Duration of copyright’, the expression ‘unpublished works’ (physical copies reproduced and distributed) is replaced by ‘unpublished works’ (lawfully communicated to the public, regardless of the form) – thus extending the scope in this regard. General Dispute Settlement instruments: Per draft § 7(15), mediation may be used to settle, inter alia, disputes with online services relating to the suspension of access to or the removal of uploaded works. Per § 17(2), it is also foreseen for situations concerning the contract adjustment mechanism. Croatia Entry into force of national laws: Law was promulgated on 6 October 2021. Click here to acess the link to national laws. On author’s remuneration and author’s share per Articles 15 & 18:  The new Article 67, enshrines the general principle that authors are entitled to an “appropriate and proportionate remuneration”. A lump sum remuneration is allowed per paragraph (4) but must correspond to the circumstances of the case, taking into account specific areas of creativity. The new Articles 72 & 76-79 provide very detailed conditions which contracts celebrated with authors must fulfill and clauses they must include. For instance, per Article 77(2) on the determination of royalties, it reads that if a flat rate is applied, the publishing contract must determine the total number of copies of the contracted editions. If the total number of copies is not agreed upon, and good business practices or the circumstances of the case do not result otherwise, the publisher may issue a maximum of 500 copies of the author’s work. Per the new Article 167, which transposes the Directive’s Article 15(5), “professional journalists and photojournalists” whose author’s works are included in publications are entitled to a corresponding share of the publishers’ revenue stemming from the neighbouring rights negotiations with online service providers. The authors’ share (left unspecified) is not considered salary. Per the new Article 222, authors of journalistic works and publishers may establish a joint organization for the collective exercise of rights, whose general assembly decides on the share in compensation from Article 167(1), and on the distribution of compensation per Article 168(2). Negotiation mechanism for Article 15:  No specific mechanism is foreseen for the Article 15 licencing negotiations between publishers and online services on neighbouring rights. Scope:  Per the new Article 160, additional rights are granted to press publishers, going beyond Article 15 of the EU DSM Directive, namelly: – exclusive right of reproduction; – exclusive right of distribution, including rental right, except for the right to a remuneration for public lending; – exclusive right of communication to the public in any manner whatsoever, including making it available to the public; and – exclusive right of alteration. The rights outlined above applying to press publishers remain effective for 10 years since the first legal publication of a press publication, in relation to that press publication. General Dispute Settlement instruments:  Per the new Articles 68(4) and 239, mediation may be used to settle, inter alia, disputes with online services relating to the suspension of access to or the removal of uploaded works; concerning the contract adjustment mechanism; or concerning the transparency obligation. Cyprus Entry into force of national laws: Law entered into force on 7 October 2022. Click here to acess the link to national laws. On author’s remuneration and author’s share per Articles 15 & 18:  The new Article 39 enshrines the general principle that authors are entitled to “appropriate and proportionate” remuneration, which “may be determined by collective negotiations”. The new Article 36(9) confirms authors’ entitlement to a “fair share” (left unspecified) of the publishers’ revenue stemming from the neighbouring rights negotiations with online service providers. Negotiation mechanism for Article 15:  No specific mechanism is foreseen for the Article 15 licencing negotiations between publishers and online services on neighbouring rights. Scope:  The law extends the protection to publishers established anywhere in the EU, as the EU DSM Directive requires in its Article 15(1). General Dispute Settlement instruments:  Per the proposed Article 45, both mediation and arbitration (by the national authority for IP and related rights) are available as means to solve disputes “between an author, rightholder, collecting society”. Czech Republic Entry into force of national laws: Law entered into force on 5 January 2023. Click here to acess the link to national laws. On author’s remuneration and author’s share per Articles 15 & 18:  The new Section 25b confirms authors’ entitlement to “a reasonable share” (left unspecified) of the publishers’ revenue stemming from the neighbouring rights negotiations with online service providers. Note: Conditions will be subject of negotiation between CMO of Publishers and CMO of Authors/Journalists. Form of Collective Licensing: Voluntary CMO: In the process of formation, with publishers, online publishers and a number of technology players as partners. Discussions on revenue share will be challenging. Platforms are not communicating. Negotiation mechanism for Article 15:  A specific mechanism is foreseen for the Article 15 licencing negotiations between publishers and online services on neighbouring rights. Per the new Section 53, setting a framework for “Mediation and use of an intermediary”. The new Section 87b(10-11) then clarifies that, when negotiating remuneration, the scope of use of the publication, the territorial scope of use, the impact of the press publication in relation to the public, the efforts made by the publisher shall be taken into account to the acquisition of the content of the press publication and to the economic benefit of the online service provider stemming from the use of the press publication, including income from advertising. If the negotiating parties do not reach an agreement on the amount of remuneration within 60 days, any of them is entitled to apply to the Ministry with a request to determine the amount of the remuneration in line with the aforementioned criteria. Scope:  The law extends the protection to publishers established anywhere in the EU, as the EU DSM Directive requires in its Article 15(1). authority for IP and related rights) are available as means to solve disputes “between an author, rightholder, collecting society”. Denmark Entry into force of national laws: A first law transposing part of the Directive (Articles 15 and 17) entered into force on 7 June 2021. A second law transposing the remaining provisions is still pending. Click here to acess the link to national laws. On author’s remuneration and author’s share per Articles 15 & 18:  The new § 69a(4), confirms authors’ entitlement to “an appropriate share” (left unspecified) of the revenue of publishers from online uses stemming from the neighbouring rights negotiations with online service providers. Form of Collective Licensing: Extended CMO: The Danish Press Publications’ Collective Management Organisation (DPCMO), representing 97% of Danish publishers, was set up. On 13 February, the DPCMO signed an “interim licensing agreement” with Microsoft. Information regarding the remuneration aspects is still to be disclosed, we understand that negotiations with Google are also progressing. Click here to acess the press release. Negotiation mechanism for Article 15:  No specific mechanism is foreseen for the Article 15 licencing negotiations between publishers and online services on neighbouring rights. Scope:  Per the new section 86(5), the law extends the protection to publishers headquartered in the European Economic Area. Estonia Entry into force of national laws: Law entered into force on 7 January 2023. Click here to acess the link to national laws. On author’s remuneration and author’s share per Articles 15 & 18:  The new § 73(2)(5) confirms authors’ entitlement to “an appropriate share” (left unspecified) of the revenue of publishers from online uses stemming from the neighbouring rights negotiations with online service providers. Form of Collective Licensing: Extended Negotiation mechanism for Article 15:  No specific mechanism is foreseen for the Article 15 licencing negotiations between publishers and online services on neighbouring rights. Scope:  The law extends the protection to publishers established anywhere in the EU, as the EU DSM Directive requires in its Article 15(1). General Dispute Settlement instruments:  Per Section 29, mediation may be used to settle, inter alia, disputes with online services relating to the suspension of access to or the removal of uploaded works; on the contract adjustment mechanism; or on the transparency obligation. Finland Entry into force of national laws: The government draft was submitted to the Parliament of Finland on 14 April 2022. The Government aims to implement it within its current term. Law expected to enter into force the day of publication in the official journal. Click here to acess the link of the draf law submitted to Parliament. Click here to acess the link to the state of play of legislative procedure. On author’s remuneration and author’s share per Articles 15 & 18:  The draft Section 28a enshrines the general principle that authors are entitled to an “appropriate and proportionate remuneration”. The draft law includes explanations that this compensation can be fixed at a flat rate; be a lump-sum compensation; or based on the level of usage of use of the work, as is typically the case in so-called royalty agreements. In addition, it is possible that compensation is paid as a salary or included in the salary. Compensation can also be a combination of salary and compensation determined in other ways. The draft Section 7 confirms authors’ entitlement to “an appropriate share” (left unspecified) of the publishers’ revenue stemming from the neighbouring rights negotiations with online service providers.” Form of Collective Licensing: Extended Negotiation mechanism for Article 15:  No specific mechanism is foreseen for the Article 15 licencing negotiations between publishers and online services on neighbouring rights. Scope:  Per the draft Section 64, the law extends the protection to publishers headquartered in the European Economic Area. General Dispute Settlement instruments: Mediation may be used to settle, inter alia, disputes with online services relating to the contract adjustment mechanism. France State of play: Adopted (Law transposing only Article 15) Entry into force of national laws: The law of 24 July 2019 transposed the Directive’s press publishers’ right (Article 15) with an equitable share for journalists to be managed individually or CMO. On 24 October 2019 the law entered into force. April 2021: Member of Senate says consider enacting another decree to help publishers negotiate. May 2021: In a new decree, a new Committee is announced to help agreements to take place between publishers and journalists. French Anti-piracy law: David Assouline amendment (FR text): “contraindre les plateformes exploitant des contenus de presse à conclure un accord global avec les éditeurs et les agences de presse réunis”. En cas de refus, elles seront soumises “à l’arbitrage de l’État et à une éventuelle sanction pécuniaire” (click here for more information). Click here to acess the link to national laws. On author’s remuneration and author’s share per Articles 15 & 18:  Per the new Article L 218-5, authors of journalistic works are entitled to “an appropriate and fair” share (left unspecified) of the publishers’ revenue stemming from the neighbouring rights negotiations with online service providers. The share of remuneration has a ”complementary” nature and may not be considered a salary. Lacking an agreement, one of the parties to the negotiation may refer the matter to a designated national body provided to seek a compromise solution. In the event of persistent disagreement, the body will determine the appropriate share. Note: A French regulation predating the CDSM Directive (Article L 131-14) provides an exhaustive list of situations when remuneration can take a form of a lump sum. The list includes, among others, situations when it is impossible to determine a basis for proportional remuneration or to control whether the remuneration paid is proportional, when the creator’s contribution is not significant or is incidental, as well as in cases concerning software. Form of Collective Licensing: Voluntary CMO: SACEM + APIG’s Members (covering over 50% of newspapers) Neighbouring rights negotiations: On 25 September 2019, Google announced they would remove by default titles, pics and short extracts, unless publishers actively request otherwise. On 9 April 2020, Google’s decision was qualified as “unfair behaviour” by the French Competition Authority. Google had three months to negotiate “in good faith” with press agencies and publishers to pay for reusing bits of their content. The Competition Authority ordered Google to pay for news reuse during the negotiation process. Google appealed against the preliminary ruling. On 8 October 2020, the Court issued its judgement, confirming the preliminary measures held in April. In paralell, French publishers filed a complaint against Google for failing to negotiate in good faith. Google was only open for discussion with IPG press, not specialised magazines. In January 2021, an agreement was reached between APIG and Google on the Publishers’ Right and the Google News Showcase. In July 2021, the Competition Authority sanctioned Google with a fine of 500 million Euros. Negotiations resumed in the autumn of 2021. On 7 June 2021, SEPM partnered with SACEM to set up a CMO for publishers. In October 2021, DVP was created as the collective management organisation entrusted with news agencies and press publishers’ rights for the use of press content by online platforms. On 3 March 2022 a second framework agreement was signed between Google and the Alliance. On 21 June 2022, the Autorité de la concurrence issues a decision in which it accepts the commitments of Alphabet Inc, Google LLC, Google Ireland Ltd and Google France (hereinafter “Google”) and closes the proceedings on the merits initiated in November 2019 by SEPM, APIG and AFP, which denounced practices implemented by Google following the adoption of Law No. 2019-775 of 24 July 2019 aimed at creating a related right for the benefit of press agencies and publishers (hereinafter, the “Law on Related Rights”). Scope:  The law extends the protection to publishers established anywhere in the EU, as the EU DSM Directive requires in its Article 15(1). State of play: Adopted (Law transposing Article 2(6) and Articles 17-23) Entry into force of national laws: In November 2021, France completed the transposition of the DSM directive by publishing an ordinance implementing the previously missing sections Chapters II and III of the DSM Directive into the Code of Intellectual Property. This law entered into force on 24 November 2021. Click here to acess the link to national laws. On author’s remuneration and author’s share per Articles 15 & 18:  Per the proposed Article L-131-5-I, covering the author’s right to additional remuneration, in flat rate remuneration situations, whenever authors suffer a loss of more than 7/12 due to injury or insufficient forecasting of profits, they may request a revision of the price conditions in the contract. Note: On 15 November 2022, the Ministry of Culture was condemned by the Council of State by Decision n° 454477 (see more information here). The Council of State stated that the DSM Directivehas been insufficiently transposed in France, in particular concerning Article 18, insofar as it does not provide that authors assigning their exclusive rights for the exploitation of their works have the right to receive appropriate remuneration.Irrespective of the contractual adjustment mechanisms operating after the conclusion of the contract, the Court seemed to affirm the remuneration should be “adequate” and not merely “proportionate”, from the very first moment. Minister of Culture Minister of Culture Rima Abdul-Malak reacted by stating that the decision of the Council of State forced the Government to revise this specific point of the transposition text, which should be done, “as soon as we can have the legislative time”. The issues is being discussed in the Senate. Form of Collective Licensing: Voluntary CMO: SACEM + APIG’s Members (covering over 50% of newspapers) Negotiation mechanism for Article 15: A specific mechanism is foreseen for the Article 15 licencing negotiations between publishers and online services on neighbouring rights. Per the new Article L. 219-4.-I, authors may refer a dispute to the French High Authority for the Dissemination of Works and the Protection of Rights on the Internet (HADOPI) on the follow-up given by the service provider to the complaint of the user. In the absence of conciliation within a period of one month from its referral, HADOPI must deliver its decision within two months. When justified by the urgency or the nature of the case, HADOPI’s President may shorten these deadlines. In the event of an injunction, the latter prescribes the measures specific to ensuring the blocking or removal of an uploaded work or the lifting of such blocking or such removal. General Dispute Settlement instruments:  Per Art. L. 137-4(IV), without prejudice to their right to refer to the judge, users or copyright holders may refer to HADOPI in the event of disputes over the action taken by online content sharing service providers in response to users’ complaints. Germany Entry into force of national laws: Law entered into force on 7 June 2021, except for Article 3 (implementing, inter alia, the Directive’s Article 17) which entered into force on 1 August 2021. Click here to acess the link to national laws. Click here to acess the Article 3 (DE Government translation). On author’s remuneration and author’s share per Articles 15 & 18:  Germany does not extend its provisions guaranteeing equitable remuneration to the publishers of press publications; it extends the entitlement to the holders of related rights in content included in a press publication. Per the new Sections 87(g)&(k), the minimum share for authors of publishers’ revenue stemming from the neighbouring rights negotiations with online service providers should be one third of that revenue. However, derogation is possible through a collective labour agreement or a joint remuneration agreement with authors’ associations, based on a common remuneration rule (Section 36 of the same law) – a claim which can only be asserted by a collecting society. Remunerating an author through a lump sum remuneration agreement has become slightly more difficult. This issue is now regulated in Section 32(1)(3). Firstly, it is necessary for any lump sum remuneration agreement to be justified by the special circumstances which exist in the industry concerned. Moreover, even a lump sum remuneration agreement must ensure that the author receives an appropriate share of the expected total earnings from the use of their rights. Form of Collective Licensing: Voluntary Note: Corint Media (formerly “VG Media”) represents around 300 publishers. Negotiation mechanism for Article 15:  No specific mechanism is foreseen for the Article 15 licencing negotiations between publishers and online services on neighbouring rights. Neighbouring rights negotiations: Negotiations with Google are ongoing. Google’s offers to date were deemed insufficient. Scope:  The law extends the protection to publishers established anywhere in the EU, as the EU DSM Directive requires in its Article 15(1). Section 87g of the 1965 Copyright Act (which was left unchanged) provides for exception in interpretation of the EU Directive’s Article 15 (Protection of press publications concerning online uses) by removing from the scope of press publishers’ rights: 1. The use of the facts included within the publication; 2. The private or non-commercial use of the publication by individual users; 3. The hyperlinking to a press publication; 4. The use of single words or very short extracts of the press publication. General Dispute Settlement instruments:  The new Section 16 allows rightholders to resort to a private law arbitration body (i.e., no involvement of competition authority is foreseen for instance) for the alternative dispute resolution of disputes regarding the blocking and the communication to the public of a protected work by a service provider and regarding rights to information (Section 19). In addition, Section 32f of the 1965 Copyright Act provides for mediation option to solve situatoins related to, inter alia, equitable remuneration for authors. Greece Entry into force of national laws: Law entered into force on 24 November 2022. Click here to acess the link to national laws. On author’s remuneration and author’s share per Articles 15 & 18:  Per the new Article 51B(4), authors receive a percentage amounting to 25% of the publishers’ annual revenue stemming from the neighbouring rights negotiations with online service providers. if the publishers employ less than 60% of the authors as employees. Authors will be however entitled to 15% of the revenues of the publishers if the latter’s businesses exceed the aforementioned percentage of employees. Form of Collective Licensing: Extended CMO: OSDEL Negotiation mechanism for Article 15:  A specific mechanism is foreseen for the Article 15 licencing negotiations between publishers and online services on neighbouring rights. Per the new Article 51B(5 to 7), the remuneration of the publishers by the information society service providers is to be determined taking into account the online traffic of the protected content items, the years of activity and the market share of the information society service providers and the publishers, the number of journalists employed to each issuer, the financial benefits, as well as any other criterion deemed appropriate for its calculation. By decision of the Plenary of the National Telecommunications and Posts Commission (EETT), a Regulation is issued, which specifies the criteria of the previous paragraph. If within sixty (60) days of the submission of an invitation to start negotiation by one of the interested parties, no agreement is reached on the amount of the fee, each party may submit within the next thirty (30) days a request to the EETT an advisory opinion. If no opinion is requested, the case may be brought to the Court of First Instance of Athens. Scope: The law extends the protection to publishers established anywhere in the EU, as the EU DSM Directive requires in its Article 15(1). General Dispute Settlement instruments:  Per the proposed Article 24 on “Alternative dispute resolution procedures”, the disputes concerning the transparency obligation and the claim of additional remuneration can be submitted to mediation, if the parties agree. Hungary Entry into force of national laws: The law entered into force on 1 June 2021. Click here to acess the link to national laws. On author’s remuneration and author’s share per Articles 15 & 18:  The new Article 82/B. § (2) enshrines the general principle that authors are entitled to “remuneration”, unless otherwise provided in law. Per the new Article 82/B. § (3), publishers must ensure that authors receive “an appropriate share” (left unspecified) of the publishers’ revenue stemming from the neighbouring rights negotiations with online service providers. Form of Collective Licensing: Extended Note: New CMO approved by regulator (Repropress, with 100% representation) and effective from 1 January 2023. Negotiation mechanism for Article 15:  No specific mechanism is foreseen for the Article 15 licencing negotiations between publishers and online services on neighbouring rights. Scope:  The law does not clarify the geographical scope of the protection for publishers required by the EU DSM Directive in its Article 15(1). General Dispute Settlement instruments:  The parties may refer to the conciliation board under the proposed § 103 to solve disputes concerning the transparency obligation or additional remuneration. Ireland Entry into force of national laws: The law entered into force on 12 November 2021. Note: The Irish Government transposed the CDSM Directive through a statutory instrument via secondary legislation, which means less involvement by the Parliament than in an ordinary legislative procedure. It is likely that primary legislation will be proposed at some future time to complement the transposition. Click here to acess the link to national laws. On author’s remuneration and author’s share per Articles 15 & 18:  The new Article 26(1) enshrines the general principle that authors are entitled to an “appropriate and proportionate” remuneration. The law is silent on flat rate remuneration. Per the new Article 13(7), publishers must ensure that authors receive this”an appropriate share” (left unspecified) of the publishers’ revenue stemming from the neighbouring rights negotiations with online service providers. Form of Collective Licensing: Voluntary CMO: Newspaper Licensing Ireland Negotiation mechanism for Article 15:  No specific mechanism is foreseen for the Article 15 licencing negotiations between publishers and online services on neighbouring rights. The new Article 13(8) does recognise that, without prejudice to judicial remedies, disputes related to the provisions on the protection of press publications concerning online uses may be submitted to mediation per the 2017 Irish Mediation Act. Scope:  The law restricts the protection to publishers established in the national territory, contrary to what the EU DSM Directive requires in its Article 15(1). General Dispute Settlement instruments:  Disputes related to the transparency obligation (Article 27(9)) and the contract adjustment mechanism (Article 27(9)) may also be submitted to mediation per the 2017 Irish Mediation Act or, where appropriate, to an arbitrator in accordance with the 2010 Arbitration Act. Italy Entry into force of national laws: The law entered into force on 12 December 2021. Click here to acess the link to national laws. On author’s remuneration and author’s share per Articles 15 & 18:  A quota for journalists was included whereby, per the new Article 43bis(13), publishers, whether individually, in association or as a consortium, are to pay authors of journalistic articles a quota of between 2% and 5% of the revenue of the publishers’ revenue stemming from the neighbouring rights negotiations with online service providers. The precise amount is to be set by individual contracts in case of freelancers and collective agreements in cases of employees. Per the new Article 43bis(8), the national Communications Authority (AGCOM) adopted on 19 January 2023 a regulation setting the criteria for determining the fair compensation for the online use of publications of a journalistic nature (click here for more information; this regulation will enter into force 30 days thereafter]. This regulation reads, inter alia, that the maximum rate attributable to publishers is 70%, on the basis of the predetermined criteria. Per the new Article 107 an agreement which does not respect the principle of appropriate and proportionate remuneration for authors, including permissibility of a flat-rate remuneration, is considered null and void – going beyond the EU Directive. Also, an unfulfilled transparency obligation, including the provision of information from sublicensees, constitutes a statutory presumption of inadequacy of compensation in favor of the right holders – Article 110quater(4) – , which in turn, provides a basis for the contract adjustment mechanism. Form of Collective Licensing: Voluntary CMO: Promopress Negotiation mechanism for Article 15:  A specific mechanism is foreseen for the Article 15 licencing negotiations between publishers and online services on neighbouring rights. Per the proposed Article 43bis(8-12), a procedural framework is introduced for Article 15 arbitration negotiations concerning the protection of press publications concerning online uses. It aims at the effective exercise of the related right, primarily protecting the weaker party in the relationship, namely press publishers, the majority of which are small and medium-sized enterprises. During the negotiations, the criteria on fair remuneration adopted by AGCOM on 19 January 2023 shall serve as a reference. This ceiling has the objective of making the scheme for determining fair compensation flexible and online service providers shall not limit the visibility of content as an unjustified limitation of such contents can be evaluated for the purposes of verifying compliance with the obligation to good Faith referred to in Article 1337 of the national Civil Code. Without prejudice to the right to appeal to judicial authorities, if within 30 days an agreement is not reached on the amount of compensation, each of the parties can reach out to AGCOM for determining the fair compensation. AGCOM will then determine the fair compensation within 60 days, following the same aforementioned criteria previously adopted by the authority. Providers of information society services are subject to an obligation to provide data, at the request of the interested party or of AGCOM, deemed suitable for determining the amount of fair compensation. In the event of failure to communicate such data within 30 days of the request, the Authority applies a pecuniary administrative sanction against the defaulting party of up to one percent of the turnover achieved in the last financial year closed prior to notification of the claim. Scope:  The law extends the protection to publishers established anywhere in the EU, as the EU DSM Directive requires in its Article 15(1). On the interpretation of “very short extracts” per Article 15 DSM Directive, for “journalistic publications” these are defined as meaning “any portion of such publication which do not dispense with the need to consult the journalistic article in its integrity”. General Dispute Settlement instruments:  Per the new Article 110-sexies, for the resolution of disputes concerning the transparency obligations referred to in article 110-quater and the contractual adjustment mechanism referred to in the article 110-quinques, each of the parties can refer them to AGCOM, which resolves the dispute in period of ninety days from the request. This is without prejudice to the right to appeal to the judicial authority. This dispute resolution procedure can also be initiated by authors’ representative bodies. Latvia Entry into force of national laws: On 12 January 2023, the Latvian Parliament supported (in its first reading) the proposed amendments to the national laws on copyrights which will transpose the EU Directive. Before these AMs to the national laws can enter into force, they must undergo two further readings in the Parliament. Click here to acess the source of information. Next steps: The deadline for proposals to be presented in 2nd reading is 12 February 2023. Click here to acess the draft AMs to the national law on copyright.  Click here to acess the draft AMs to the national law on collective management of copyrights. Click here to acess the Parliament report (summarising the proposed AMs). On author’s remuneration and author’s share per Articles 15 & 18:  The draft Article 45 enshrines the general principle that authors are entitled to a “fair remuneration” – already recognised under Article 35 of the existing Copyright Law for individual cases. Per the draft Article 53(1)(8), publishers must ensure that authors receive “a proportionate share” (left unspecified) of the publishers’ revenue stemming from the neighbouring rights negotiations with online service providers.” Negotiation mechanism for Article 15:  No specific mechanism is foreseen for the Article 15 licencing negotiations between publishers and online services on neighbouring rights. Scope:  The law does not clarify the geographical scope of the protection for publishers required by the EU DSM Directive in its Article 15(1). General Dispute Settlement instruments: Per the draft new Article 37 ((7) and (8)), mediation is can be resorted to to solve disputes regarding the information obligation or the disabling of access to/removal of content. Lithuania Entry into force of national laws: The law entered into force on 1 May 2022, except for Article 18 (Obligation to provide information) which entered into force on 7 June 2022. Click here to acess the link to national laws. On author’s remuneration and author’s share per Articles 15 & 18:  The proposed Article 6 enshrines the general principle that authors are entitled to an “appropriate and proportionate remuneration”. The text is silent on a flat rate remuneration. One limitation not included in the EU Directive is found in Article 19, which excludes agreements that directly link remuneration to the profits or income derived from the exploitation of works (proportionate remuneration) from the mechanism’s scope. Per the proposed Article 28, publishers must ensure that authors receive “an appropriate share” (left unspecified) of the publishers’ revenue stemming from the neighbouring rights negotiations with online service providers. If the publisher and the author do not agree on the share of income, the income is divided into equal parts. Form of Collective Licensing: Voluntary Negotiation mechanism for Article 15:  No specific mechanism is foreseen for the Article 15 licencing negotiations between publishers and online services on neighbouring rights. Scope:  On the interpretation of “very short extracts” per Article 15 DSM Directive, Article 57.1(2)(3) defines them as consisting of 125 characters (not words) or less, excluding the headers and spaces between text’, so this bold text long. Note: As indicated at recital 58 of the DSM Directive, the use of these very short extracts should ‘not undermine the investments made by publishers of press publications in the production of content’. Hypothetically, if 125-digits-long extracts were enough to damage these investments (e.g., limit the traffic of consumers (what is quite unlikely) or similar), such quantitative definition of a ‘very short extract’ would not be in line with the directive. In implementing Article 22 of the EU Directive (Right of revocation), it is forseen that authors may reclaim their rights only when a contractual counterpart cannot provide a legitimate reason for a lack of exploitation or lack of use results from an objective impediment which cannot be remedied. The new law implements Article 17 of the DSM Directive mostly in a copy-and-paste fashion. The same cannot be said about Article 18. General Dispute Settlement instruments:  Per the law’s Article 40, parties may submit to the Council of Copyright and Related Rights of Lithuania, for mediation, disputes related to online content sharing services (with the exception of electronic press publishers); the use of protected content by and liability of online content sharing service providers; the application of the information obligation; or additional remuneration for authors. These include disputes The dispute resolution and mediation procedures shall be expeditious, independent and impartial. The process of dispute resolution or mediation negotiations cannot last longer than 30 working days. Luxembourg Entry into force of national laws: The law entered into force on 9 April 2022. Click here to acess the link to national laws. On author’s remuneration and author’s share per Articles 15 & 18:  The new Article 13 enshrines the general principle that authors are entitled to an “appropriate and proportional” remuneration. Per the new Article Art. 56a(5), authors are entitled to “an appropriate share” (left unspecified) of the publishers’ revenue stemming from the neighbouring rights negotiations with online service providers.” Form of Collective Licensing: Voluntary Negotiation mechanism for Article 15:  No specific mechanism is foreseen for the Article 15 licencing negotiations between publishers and online services on neighbouring rights. Scope:  In implementing Article 22 of the EU Directive (Right of revocation), it is forseen that authors may reclaim their rights only when a contractual counterpart cannot provide a legitimate reason for a lack of exploitation or lack of use results from an objective impediment which cannot be remedied. General Dispute Settlement instruments:  Per the new Article 12, the parties can resort to mediation, in accordance with Articles 15 and 16, to solve disputes relating tos disputes with online service providers relating to the blocking of access to content. Malta Entry into force of national laws: The law entered into force on 18 June 2021. However, agreements for the license, assignment or transfer of rights of authors were only subject to the transparency obligation under Article 18 as from 7 June 2022. Click here to acess the link to national laws. On author’s remuneration and author’s share per Articles 15 & 18:  The new Article 17 enshrines the general principle that authors are entitled to an “appropriate and proportionate” remuneration. In the absence of an agreement, the amount of such remuneration is determined by a relevant designated Board. This Board will also determine the ammount of the additional remuneration in the absence of agreement. The text is silent on flat rate remuneration for authors. Per the new Article 15(9), authors are entitled to “an appropriate share” (left unspecified) of the publishers’ revenue stemming from the neighbouring rights negotiations with online service providers. Absent an agreement on this remuneration, the amount shall be determined by the Board.” Form of Collective Licensing: Voluntary Negotiation mechanism for Article 15:  No specific mechanism is foreseen for the Article 15 licencing negotiations between publishers and online services on neighbouring rights. Scope:  The law does not clarify the geographical scope of the protection for publishers required by the EU DSM Directive in its Article 15(1). General Dispute Settlement instruments:  Per Article 20, any disputes concerning the transparency obligation or the contract adjustment mechanism may be submitted for resolution before the Malta Arbitration Centre or the Malta Mediation Centre in accordance with the Malta Arbitration Act and the Malta Mediation Act respectively. Netherlands Entry into force of national laws: The law entered into force on 7 June 2021, except for Article 16 DSM (came into force already on 1 January 2021) and Article 19 DSM (came into force only on 7 June 2022). Click here to acess the link to national laws. On author’s remuneration and author’s share per Articles 15 & 18:  Per the law’s Article Ia, where authors transfer or license the copyright to a publisher, this transfer or license constitutes a sufficient legal basis for the publisher to claim a share of the fees for the use of the work under the restrictions on the assigned or licensed right. Form of Collective Licensing: Voluntary Note: Progress of registration of CMO progressing slowly. Author discussions have started. Publishers solidarity is excellent but the public broadcaster is a concern. Work underway on a study on the use of newspaper content in AI training applications. Negotiation mechanism for Article 15:  No specific mechanism is foreseen for the Article 15 licencing negotiations between publishers and online services on neighbouring rights. Scope:  The law extends the protection for publishers established anywhere in the EU, as the EU Directive requires in its Article 15(1). Poland Entry into force of national laws: On 24 May 2019 Poland brought a case before the CJEU against article 17.4 of the Directive (“value gap”), claiming that it goes against the Charter of fundamental rights. Click here for more information. On 26 April 2022, the Court of Justice of the European Union (CJEU) issued its judgment in respect of Poland’s challenge of Article 17 of Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market (the DSM Directive). The CJEU dismissed Poland’s action for annulment of Article 17 in its entirety. On 20 June 2022, a draft law transposing the Directive was put by the Government for public consultation for 1 month (until 20 July 2022). On 23 November 2022, an updated draft was published. Work in Parliament continues. Click here to acess documentation about the state of play. Click here to acess national laws.  On author’s remuneration and author’s share per Articles 15 & 18:  Article 16 of the DSM Directive on the claims to fair compensation is considered as already implemented in Polish national law. Publishers are entitled to a share in the fees referred to in Art. 20 and 201 of the Copyright Act. The draft seems to lower the level of protection of rightsholders compared to Art. 17 DSM Directive. Per the proposed Article 99(9), authors are entitled to a 50% of the publishers’ revenue stemming from the neighbouring rights negotiations with online service providers. The remuneration shall be paid by the publisher to the author no later than within 30 days of its receipt. Form of Collective Licensing: Form of Collective Licensing: Extended Note: Work continues to establish the CMO and revenue formulas. Elections in 10/2023. Negotiation mechanism for Article 15:  No specific mechanism is (currently) foreseen for the Article 15 licencing negotiations between publishers and online services on neighbouring rights.[Publishers would like to have an arbitration mechanism]. Scope:  On the TDM provisions of Articles 3-4 DSM Directive, the draft seems to leave out “lawful access” as a condition to text and data mining, which is highly problematic for publishers and rightsholders