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This protection should be maintained while ensuring that the use of technological measures does not prevent the enjoyment of the exceptions and the limitation established in this Directive, which are particularly relevant in the online environment. Other options consisted in the introduction of a mandatory exception covering text and data mining. It also addresses existing legal uncertainty as regards the possibility for all publishers to receive a share in the compensation for uses of works under an exception. Article 13 Use of protected content by information society service providers storing and giving access to large amounts of works and other subject-matter uploaded by their users. Use of copyright-protected content by information society services storing and giving access to large amounts of works and other subject-matter uploaded by their users:

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    In the digital environment, cross-border uses have also intensified and new opportunities for consumers to access copyright-protected content have materialised.

    The impact on SMEs in these fields in particular scientific and educational publishers and on their business models should therefore be limited.

    Whilst text and data mining technologies are prevalent across the digital economy, there is widespread acknowledgment that text and data mining can in particular benefit the research community and in so doing encourage innovation.

    These exceptions are likely to have a positive impact on the right to education and on cultural diversity. It is therefore necessary to provide for measures to facilitate the licensing of rights in out-of-commerce works that are in the collections of cultural heritage institutions and thereby to allow the conclusion of agreements with cross-border effect in the internal market. Member States shall facilitate, where appropriate, the cooperation between the information society service providers and rightholders through stakeholder dialogues to define best practices, such as appropriate and proportionate content recognition technologies, taking into account, among others, the nature of the services, the availability of the technologies and their effectiveness in light of technological developments.

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    Such an exception should allow for the making of copies by the appropriate preservation tool, means or technology, in the required number and at any point in the life of a work or other subject-matter to the extent required in order to produce a copy for preservation purposes only.

    Works or other subject-matter covered by a licence granted in accordance with Article 7 may be used by the cultural heritage institution in accordance with the terms of the licence in all Member States.

    The assessment of the situation should take account of the specific circumstances of each case as well as of the specificities and practices of the different content sectors. This option was the one retained since Option 2 would not have provided enforcement means to creators to support the transparency obligation. Since exceptions and limitations to copyright and related rights are harmonised at EU level, the margin of manoeuver of Member States in creating or adapting them is limited.

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    The scope of those exceptions or limitations as they apply to digital uses is unclear. In Option 2, the exception only covered uses pursuing a non-commercial scientific research purpose.

    Online distribution of copyright-protected content is by essence cross-border. The proposal foresees the obligation for Member States to implement negotiation and dispute resolution mechanisms.

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    Article 5 Preservation of cultural heritage.

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    The assessment of the situation should take account of the specific circumstances of each case as well as of the specificities and practices of the different content sectors.

    Member States availing themselves of the provision of the first subparagraph shall take the necessary measures to ensure appropriate availability and visibility of the licences authorising the acts described in paragraph 1 for educational establishments.

    Preservation of cultural heritage: This Directive provides for rules to adapt certain exceptions and limitations to digital and cross-border environments, as well as measures to facilitate certain licensing practices as regards the dissemination of out-of-commerce works and the online availability of audiovisual works on video-on-demand platforms with a view to ensuring wider access to content.

    Article 6 provides for common provisions to the title on exceptions and limitations.

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    This Directive provides for rules to adapt certain exceptions and limitations to digital and cross-border environments, as well as measures to facilitate certain licensing practices as regards the dissemination of out-of-commerce works and the online availability of audiovisual works on video-on-demand platforms with a view to ensuring wider access to content.

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    This Communication outlined targeted actions and a long-term vision to modernise EU copyright rules. The policy options of each topic are shortly presented below. Article 6 Common provisions. Works or other subject-matter covered by a licence granted in accordance with Article 7 may be used by the cultural heritage institution in accordance with the terms of the licence in all Member States.

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    This reduction of transaction costs does not necessarily mean that rightholders would suffer a loss of income or licensing revenues:

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    Other options consisted in the introduction of a mandatory exception covering text and data mining.

    However, legal uncertainty remains, for both rightholders and users, as regards certain uses, including cross-border uses, of works and other subject-matter in the digital environment. The proposal requires Member States to establish mechanisms aiming at facilitating the clearance of copyright and related rights in the fields of out-of-commerce works and online exploitation of audiovisual works.

    The protection provided by this legal framework also contributes to the Union's objective of respecting and promoting cultural diversity while at the same time bringing the European common cultural heritage to the fore.

    Article 10 Negotiation mechanism. The objective is to guarantee the legality of certain types of uses in these fields, including across borders. Where the parties do not agree on the adjustment of the remuneration, the author or performer should be entitled to bring a claim before a court or other competent authority.

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