Contents
- 1. Member States shall provide that a collective management o…
- 2. Member States shall provide for an exception or limitation…
- 3. Member States shall provide that the exception or limitati…
- 4. Member States shall provide that all rightholders may, at…
- 5. A work or other subject matter shall be deemed to be out o…
- 6. Member States shall provide that the licences referred to…
- 7. This Article shall not apply to sets of out-of-commerce wo…
1.Member States shall provide that a collective management organisation, in accordance with its mandates from rightholders, may conclude a non-exclusive licence for non-commercial purposes with a cultural heritage institution for the reproduction, distribution, communication to the public or making available to the public of out-of-commerce works or other subject matter that are permanently in the collection of the institution, irrespective of whether all rightholders covered by the licence have mandated the collective management organisation, on condition that:
(a)the collective management organisation is, on the basis of its mandates, sufficiently representative of rightholders in the relevant type of works or other subject matter and of the rights that are the subject of the licence; and
(b)all rightholders are guaranteed equal treatment in relation to the terms of the licence.
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