Jurisdiction variants on transparency reports
The producer's Transparency reports — Article 19 / S.I. 567/2021 obligation derives from EU Directive 2019/790, but each EU member state transposed it into national law separately. The legal citation that appears on a transparency report is driven by the recipient's country of residence, not the producer's.
The seven currently-covered jurisdictions
| Recipient residency | Legal basis cited | Article 20 adjustment route |
|---|---|---|
| Ireland | S.I. 567/2021, Reg. 19 | CAMA — Contract Adjustment Mechanism (Contract Adjustment Mechanism) |
| United Kingdom | Contract terms (UK didn't transpose post-Brexit; EU-territory exploitation pulls the local state's law in) | Contract-based |
| Germany | UrhG §32d | UrhG §32a (bestseller paragraph) |
| France | CPI L131-5-1 | CPI L131-5 (best-seller adjustment) |
| Netherlands | Auteurswet 25ca | Auteurswet 25c |
| Spain | National IP law transposition | National adjustment right |
| Italy | National Copyright Law transposition | National adjustment right |
Why this matters
A Dutch writer with a profit-participation deal at an Irish producer is entitled to a transparency report framed under Dutch law — not Irish law — even though the producer is Irish and the contract may have an Irish governing-law clause. The Directive's protection is recipient-side.
What changes in the report
- The cover-page legal-basis citation
- The reporting frequency reference (where the local transposition differs)
- The dispute-forum reference
- The local Article 20 best-seller adjustment citation
- Local language for technical concepts (mode of exploitation / net profits / etc.)
The underlying financial numbers don't change — the framing does.
In Togra
Producer sets the residency on each profit-participant on the participant editor; Togra picks the right jurisdiction variant automatically when generating the transparency report. The recipient's /r.php?t=<token> view renders the report under the correct legal framing.
Adding a new jurisdiction
The variant catalogue is data-driven. Adding (say) Belgium or Portugal is a config addition, not a code change.
Related
Sources
- · EU Directive 2019/790, Articles 19 + 20
- · Per-jurisdiction national transpositions