Activities of Constance LE GRIP related to 2014/2256(INI)
Plenary speeches (1)
Harmonisation of certain aspects of copyright and related rights (debate) FR
Amendments (51)
Amendment 2 #
Motion for a resolution
Citation 1
Citation 1
– having regard to Articles 4, 26, 34, 114 and 11867 of the Treaty on the Functioning of the European Union (hereinafter ‘TFEU’),
Amendment 9 #
Motion for a resolution
Citation 2
Citation 2
– having regard to Articles 11, 13, 14, 16, 17, 22, 47 and 52 of the Charter of Fundamental Rights of the European Union,
Amendment 16 #
Motion for a resolution
Citation 4
Citation 4
– having regard to the Berne Convention for the Protection of Literary and Artistic Works, and expressly to the Three Steps Test,
Amendment 18 #
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
– having regard to the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions of the 20th October 2005,
Amendment 19 #
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
– having regard to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS),
Amendment 21 #
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
– having regard to the September 2013 intellectual property rights study carried out jointly by the European Patent Office (EPO) and the office for Harmonisation in the Internal Market (OHIM), entitled 'Intellectual property rights intensive industries: contribution to economic performance and employment in the European Union', which shows that about 39% of total economic activity in the EU, worth some EUR 4 700 billion a year, is generated by IPR-intensive industries, as is, in addition, 26% of direct employment (or 56 million jobs), with indirect employment accounting for a further 9% of the total number of jobs in the EU,
Amendment 24 #
Motion for a resolution
Citation 9
Citation 9
Amendment 29 #
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
- having regard to Directive 2004/48/EC of the European Parliament and of the Council on the enforcement of intellectual property rights,
Amendment 30 #
Motion for a resolution
Citation 13
Citation 13
– having regard to Council Directive 92/100/EEC of 19 Nov2006/115/EC of the European Parliament and of the Council of 12 December 19922006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property7, __________________ 7, which amends Council Directive 92/100/EEC7, __________________ 7 OJ L 346, 27.11.1992, p. 61. OJ L 346, 27.11.1992, p. 61.
Amendment 31 #
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
- having regard to Directive 2001/84/EC on the resale right for the benefit of the author of an original work of art,
Amendment 34 #
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
- having regard to the Green Paper of 13 July 2011 on the online distribution of audiovisual works,
Amendment 39 #
Motion for a resolution
Citation 17 b (new)
Citation 17 b (new)
- having regard to its resolution of 11 September 2012 on the online distribution of audiovisual works in the European Union (2011/2313(INI)),
Amendment 41 #
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
- having regard to the Memorandum of Understanding of 20 September 2011 on key principles on the digitisation and making available of out-of-commerce works, with a view to facilitating the digitisation and making available of books and learned journals for European libraries and similar establishments,
Amendment 53 #
Motion for a resolution
Recital A
Recital A
A. whereas the European legal framework for copyright and related rights is central to the promotion of creativity and innovation, to safeguarding cultural diversity and to access to knowledge and information;
Amendment 55 #
Motion for a resolution
Recital A
Recital A
A. whereas the European legal framework for copyright and related rights is central to the promotion of creativity and innovation, cultural diversity, economic growth and to access to knowledge and information;
Amendment 66 #
Motion for a resolution
Recital B
Recital B
B. whereas the objective of Directive 2001/29/EC on the harmonisation ofwas to adapt the legal framework for certain aspects of copyright and related rights in the information society was aimed at adapting legislation on copyright and related rights to reflect technological developmentso as to take account of technological developments, while ensuring a high level of intellectual property protection and thus guaranteeing the autonomy of creators and performers;
Amendment 91 #
Motion for a resolution
Recital C
Recital C
C. whereas the Charter of Fundamental Rights protects the freedom of expression, thefreedom of information, freedom of the arts and scientific researchce, the right to education and the freedom to conduct a business, guarantees protection of personal data and protection of intellectual property, and calls for respect for cultural diversity;
Amendment 96 #
Motion for a resolution
Recital D
Recital D
Amendment 109 #
Motion for a resolution
Recital E
Recital E
Amendment 118 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. Whereas measures that contribute to the further development of cultural interchange and improve legal certainty in the sector need to be considered;
Amendment 124 #
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas the Directive 2011/77/EU of the European Parliament and of the Council of 27 September 2011 and the Directive 2006/116/EC of 12 December 2006 on the term of protection of copyright and certain related rights harmonised the terms of protection of copyright and neighbouring rights by establishing a complete harmonisation of the period of protection for each type of work and each related right in the Member States;
Amendment 144 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s initiative ofin having conductinged a consultation on copyright, which attracted great interest from civil society with more than 9 500 replies, 58.7 % of which came from end users11, from all creative and cultural sectors, as represented by authors, performers, publishers, producers, broadcasters, collective rights management bodies and other rightholders, and from most of the Member States; __________________ 11 Commission, DG MARKT, Report on the responses to the Public Consultation on the Review of the EU Copyright Rules, July 2014, p. 5. (It would be quite one-sided to refer only to users.)
Amendment 157 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes with concern that the vast majority of end-user respinterest the increased range of condtents report facing problems when trying to access online services across the Member States, particularly where technological protection measures are used to enforce territorial restrictions that has been available to users lawfully since the implementation of Directive 2001/29/EC;
Amendment 163 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasizes that any reform of the copyright framework needs to find the right balance between user access and fair remuneration for creators and other rightholders and should take as a basis a high level of protection, and develop an evidence-based approach taking into consideration the interest of small and medium-sized enterprises, since rights are crucial to intellectual creation and provide a stable, clear and flexible legal base that fosters investment and growth in the creative and cultural sector, whilst removing legal uncertainties and inconsistencies that adversely affect the functioning of the internal market to the prejudice of consumers and rightholders;
Amendment 168 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes with concern the growing number of illegal on-line services and the increasing incidence of piracy and, more generally, of infringements of intellectual property rights, a trend that poses a serious threat to Member States’ economies and to creativity in the European Union;
Amendment 173 #
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Points out that SMEs in the cultural and creative sectors are helping to make the EU more competitive and that they have considerable potential for creating jobs and growth;
Amendment 180 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Acknowledges the necessity for authors and performers to be provided with legal protection for their creative and artistic work; recognises the role of producers and publishers in bringing works to the market, and the need for appropriate remuneration for all categories of rightholders; calls for improvements to the contractual position of authors and performers in relation to other rightholders and intermediaries; calls for the inclusion in the EU legislation of the principles set out in Court of Justice case law in relation to the private copying system;
Amendment 219 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. ConsidersPoints out that the fintroduction of a single European Copyright Title on the basis of Article 118 TFEU that would apply directly and uniformly across the EU, in accordance with the Commission’s objective of better regulation, as a legal means to remedy the lack of harmonisation resulting from Directive 2001/29/ECancing of creative work and the sharing of risks are underpinned by exclusive rights and freedom of contract; underscores the fact that territorial criteria, including local language use and cultural preferences, are fundamental in terms of potential to attract investment in film and television production and coproduction, and that this ‘ecosystem’ works on the principle of exclusive territorial licensing;
Amendment 236 #
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 252 #
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 267 #
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 296 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that exceptions and limitations in the digital environment shouldcannot be enjoyed without any unequal treatment as compared with those gin the same way in the digital environment and in the analogue environment; calls for exceptions and limitations to be tailored to the environment in which they apply; (The two markets do not operanted in the analogue world;same way at all.)
Amendment 312 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Views with concern the increasing impact of differences among Member States in the implementation of exceptions, which creates legal uncertainty and has direct negative effects on the functioning of the digital single market, in view of the developmentObserves that the list of 20 optional exceptions in Directive 2001/29/EC has permitted a flexibility of implementation which was necessary in order to take account of the diversity of the legal traditions of the Member States and their cultural policies, while ensuring the proper functioning of the internal market and respecting the principles of cpross-border activitiesportionality and subsidiarity;
Amendment 328 #
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 357 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes with interest the development of new forms of use of works on digital networks, in particular transformative uses, and calls for fair remuneration solutions linked to new forms of exploitation of works on platforms and networks in the digital environment;
Amendment 373 #
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 390 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the European legislator to ensure the technological neutrality and future- compatibility of exceptions and limitations by taking due account of the effects of media convergence; considers, in particular, that the exception for quotation should expressly include audio- visual quotations in its scope;
Amendment 392 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the European legislator to ensure the technological neutrality and future- compatibility of exceptions and limitations by taking due account of the effects of media convergence; considers, in particular, that the exception for quotation should expressly include audio- visual quotations in its swhile serving the public interest by fostering incentives to create, finance and distribute new works and to make those works available to the public in new, innovative and compelling ways;
Amendment 398 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that the ability to freely link from one resource to another, particularly by means of a hyperlink, is one of the fundamental building blocks of the internet; calls on the EU legislator to make it clear that reference to works by means of a hyperlink is not subject to exclusive rights, as it does not consist in a communication to a new public12; __________________ 12Order of the Court of Justice of 21 October 2014 in Case C-348/13, BestWater International GmbH v Michael Mebes and Stefan Potsch (request for a preliminary ruling from Germany’s Bundesgerichtshof)., and recalls that these hyperlinks may lead either to protected works or to content which is free of rights;
Amendment 407 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. StressNotes that the ability to freely link from one resource to another is one of the fundamental building blocks of the internet; calls on the EU legislator to make it clear that reference to works by means of a hyperlink is not subject to exclusive rights, as it does not consist in a communication to a new public12 ; __________________ 12 Order of the Court of Justice of 21 October 2014 in Case C-348/13, BestWater International GmbH v Michael Mebes and Stefan Potsch (request for a preliminary ruling from Germany’s Bundesge and underlines that any further legislation must accurately reflect the existing definitions and principles set in the European case law stating that when the hyperlink allows the recipients to circumvent the restrictions on access to the protected work so that can access the protected work which was otherwise unavailable to them, then this constitutes a communication to a new public and it is subject to exclusive ricghtshof).. __________________ 12
Amendment 416 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the EU legislator to ensure that theStresses that the commercial use of photographs, video footage or other images of works which are permanently located in public places is permittedshould always be subject to prior authorisation from the authors or their authors’ society;
Amendment 422 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls onInvites the EU legislator to ensurrecognise that the use of photographs, video footage or other images of works which are permanently located in public places is permitted; shall considered to be in the public domain, where that use is for a non-commercial purpose or scale.
Amendment 432 #
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 441 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the need to enable automated analytical techniques for text and data (e.g. ‘Encourages solutions such as the licensing model for text and data mining’) for all purposes, provided that permission to read the work has been acquiredscientific research purposes;
Amendment 456 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for a broad exception for research and education purposes, which should cover not only educational establishments but any kind of educational or research activity, including non-formal educationStresses the need for a sound economic and legal analysis of the use of protected works in education and research, and considers that any fresh exception to, or restriction of, copyright should be studied in depth;
Amendment 472 #
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 496 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the EU legislator to precludeensure that Member States from introducing statutory licences for the compensation of rightholdersmake provision for measures which are necessary in order to provide compensation for the harm caused to rightholders by acts made permissible by an exception;
Amendment 514 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. CRecalls for the adoption of harmonised criteria for defining the harm caused to rightholders in respect of reproductions made by a natural person for private use, and for harmonised transparency measures as regards the private copying levies put in place in some Member States13the European Parliament resolution of February 2014 which underlined the importance of the system of remuneration for private copying in seeking to strike a balance between the interests of consumers and those of rightholders; __________________ 13 As stated in António Vitorino’s recommendations of 31 January 2013 resulting from the latest mediation process conducted by the Commission in respect of private copying and reprography levies.
Amendment 529 #
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 540 #
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 556 #
Motion for a resolution
Paragraph 24 e (new)
Paragraph 24 e (new)
24e. Calls on the Commission and the legislature to consider solutions for the displacement of value from content to services; stresses the need to adjust the definition of the status of intermediary in the current digital environment;