or other subject matter by online service providers storing and giving access to user-uploaded content, on the
transparency of authors' and performers' contracts, on authors' and performers' remuneration, as well as
a mechanism for the revocation of rights that authors and performers have transferred on an exclusive basis.
(4) This Directive is based upon, and complements, the rules laid down in the directives currently in force in this
area, in particular Directives 96/9/EC (
4
), 2000/31/EC (
5
), 2001/29/EC (
6
), 2006/115/EC (
7
), 2009/24/EC (
8
),
2012/28/EU (
9
) and 2014/26/EU (
10
) of the European Parliament and of the Council.
(5) In the fields of research, innovation, education and preservation of cultural heritage, digital technologies permit
new types of uses that are not clearly covered by the existing Union rules on exceptions and limitations.
In addition, the optional nature of exceptions and limitations provided for in Directives 96/9/EC, 2001/29/EC
and 2009/24/EC in those fields could negatively impact the functioning of the internal market. This is
particularly relevant as regards cross-border uses, which are becoming increasingly important in the digital
environment. Therefore, the existing exceptions and limitations in Union law that are relevant for scientific
research, innovation, teaching and preservation of cultural heritage should be reassessed in the light of those new
uses. Mandatory exceptions or limitations for uses of text and data mining technologies, illustration for teaching
in the digital environment and for preservation of cultural heritage should be introduced. The existing exceptions
and limitations in Union law should continue to apply, including to text and data mining, education, and
preservation activities, as long as they do not limit the scope of the mandatory exceptions or limitations provided
for in this Directive, which need to be implemented by Member States in their national law. Directives 96/9/EC
and 2001/29/EC should, therefore, be amended.
(6) The exceptions and limitations provided for in this Directive seek to achieve a fair balance between the rights and
interests of authors and other rightholders, on the one hand, and of users on the other. They can be applied only
in certain special cases that do not conflict with the normal exploitation of the works or other subject matter
and do not unreasonably prejudice the legitimate interests of the rightholders.
(7) The protection of technological measures established in Directive 2001/29/EC remains essential to ensure the
protection and the effective exercise of the rights granted to authors and to other rightholders under Union law.
Such protection should be maintained while ensuring that the use of technological measures does not prevent the
enjoyment of the exceptions and limitations provided for in this Directive. Rightholders should have the
opportunity to ensure that through voluntary measures. They should remain free to choose the appropriate
means of enabling the beneficiaries of the exceptions and limitations provided for in this Directive to benefit
from them. In the absence of voluntary measures, Member States should take appropriate measures in accordance
with the first subparagraph of Article 6(4) of Directive 2001/29/EC, including where works and other subject
matter are made available to the public through on-demand services.
(8) New technologies enable the automated computational analysis of information in digital form, such as text,
sounds, images or data, generally known as text and data mining. Text and data mining makes the processing of
large amounts of information with a view to gaining new knowledge and discovering new trends possible. Text
and data mining technologies are prevalent across the digital economy; however, there is widespread acknow
ledgment that text and data mining can, in particular, benefit the research community and, in so doing, support
17.5.2019 L 130/93 Official Journal of the European Union
EN
4
) Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (OJ L 77,
27.3.1996, p. 20).
(
5
) Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society
services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) (OJ L 178, 17.7.2000, p. 1).
(
6
) Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of
copyright and related rights in the information society (OJ L 167, 22.6.2001, p. 10).
(
7
) Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on rental right and lending right and on
certain rights related to copyright in the field of intellectual property (OJ L 376, 27.12.2006, p. 28).
(
8
) Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs
(OJ L 111, 5.5.2009, p. 16).
(
9
) Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works
(OJ L 299, 27.10.2012, p. 5).
(
10
) 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 (OJ L 84, 20.3.2014, p. 72).