DIRECTIVE (EU) 2019/790 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL<BR/>of 17 April 2019<BR/>on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC<BR/>(Text with EEA relevance) | Recital 86 DSM DIR, Art. 1 DSM DIR, Art. 2 DSM DIR

corresponding parts of national transposition instruments. With regard to this Directive, the legislator considers the transmission of such documents to be justified,

TITLE I. GENERAL PROVISIONS

Art. 1 Subject matter and scope 1. This Directive lays down rules which aim to harmonise further Union law applicable to copyright and related rights in the framework of the internal market, taking into account, in particular, digital and cross-border uses of protected content. It also lays down rules on exceptions and limitations to copyright and related rights, on the facilitation of licences, as well as rules which aim to ensure a well-functioning marketplace for the exploitation of works and other subject matter.

2. Except in the cases referred to in Article 24, this Directive shall leave intact and shall in no way affect existing rules laid down in the directives currently in force in this area, in particular Directives 96/9/EC, 2000/31/EC, 2001/29/EC, 2006/115/EC, 2009/24/EC, 2012/28/EU and 2014/26/EU.

Art. 2 Definitions For the purposes of this Directive, the following definitions apply:

(1)

‘research organisation’ means a university, including its libraries, a research institute or any other entity, the primary goal of which is to conduct scientific research or to carry out educational activities involving also the conduct of scientific research:

(a): on a not-for-profit basis or by reinvesting all the profits in its scientific research; or

(b): pursuant to a public interest mission recognised by a Member State;

in such a way that the access to the results generated by such scientific research cannot be enjoyed on a preferential basis by an undertaking that exercises a decisive influence upon such organisation;

(2)

‘text and data mining’ means any automated analytical technique aimed at analysing text and data in digital form in order to generate information which includes but is not limited to patterns, trends and correlations;

(3)

‘cultural heritage institution’ means a publicly accessible library or museum, an archive or a film or audio heritage institution;

(4)

‘press publication’ means a collection composed mainly of literary works of a journalistic nature, but which can also include other works or other subject matter, and which:

(a): constitutes an individual item within a periodical or regularly updated publication under a single title, such as a newspaper or a general or special interest magazine;
(b): has the purpose of providing the general public with information related to news or other topics; and
(c): is published in any media under the initiative, editorial responsibility and control of a service provider.

Periodicals that are published for scientific or academic purposes, such as scientific journals, are not press publications for the purposes of this Directive;

(5)

‘information society service’ means a service within the meaning of point (b) of Article 1(1) of Directive (EU) 2015/1535;