The options examined for each topic include the baseline option, in most cases a non-legislative option (in the form of Commission's guidance or recommendation and/or stakeholders’ dialogue) and one or several legislative options. A preferred option has been identified for each topic.
In the area of access to content online, different licensing regimes, considered as enabling mechanisms to facilitate the clearance of rights, are examined in the legislative options.
•The preferred option in relation to online transmissions of broadcasting organisations is the application of the country of origin principle to the clearing of rights for their online services which are ancillary to their initial broadcast.
•As for the digital retransmissions of TV/radio programmes, the preferred option is the application of the mandatory collective management of rights to retransmission services provided over "closed" electronic communication networks.
•For the licensing of VoD rights, the preferred option includes a European stakeholders' dialogue and a negotiation mechanism that would facilitate the conclusion of licences for the online exploitation of audiovisual works by removing contractual blockages.
•Finally, for OOC works, the preferred option is a legislative intervention at EU level enabling MS to put in place specific legal mechanisms for the conclusion of collective licensing agreements for the use of OOC works by cultural heritage institutions (CHIs) and on the introduction of a cross-border effect for such agreements.
In relation to exceptions, the legislative options are designed in a way to complement the existing exceptions (in the case of preservation and teaching) or introduce a new exception for specific uses (e.g. text and data mining). Different options are envisaged, with variations on the scope of the exception, the beneficiaries and/or the relationship with the licensing market.
•The preferred option for teaching activities is a mandatory exception covering digital uses undertaken in the context of illustration for teaching with the option for MS to make it subject to the availability of adequate licences covering the same uses (digital and cross border).
•For TDM, the preferred option is a mandatory exception applicable to research organisations acting in the public interest such as universities or research institutes. The exception would allow them to carry out TDM on content they have lawful access to, for the purposes of scientific research.
•For preservation of cultural heritage, the preferred option is a mandatory exception for preservation purposes by cultural heritage institutions (CHIs).
Concerning the functioning of the copyright marketplace, the legislative options considered aim at ensuring a fair sharing of the value in the online environment, notably through the introduction of specific obligations on certain types of online services or on those contracting with authors and performers.
•In relation to the use of content by user uploaded content services, the preferred solution is an obligation on online services storing and giving access to large amount of content uploaded by their users to put in place appropriate and proportionate technologies, and to increase transparency vis à vis right holders.
•Concerning the rights in publications, the preferred solution is the introduction in EU law of a related right for publishers covering the digital uses of their press publications and of a provision enabling MS to allow all publishers (news, books, scientific, etc) to receive a share in the compensation for uses under an exception.
•In relation to the lack of transparency on the remuneration of creators, the preferred option consists in the introduction in EU legislation of transparency obligations on the creators' contractual counterparties (notably producers and publishers), supported by a contract adjustment and dispute resolution mechanism.