17 Amendments of Constance LE GRIP related to 2016/2276(INI)
Amendment 1 #
Draft opinion
Recital A
Recital A
A. whereas online platforms (hereinafter ‘platforms’) are information society service providers, that play a role of intermediation within a given digital ecosystem, and cover a wide range of actors involved in numerous economic activities and are therefore not subject to any clear and precise definition, the formulation of which would be the first step of a sectoral regulation processbeing difficult because of their perpetually evolving nature;
Amendment 4 #
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas more clarification is needed on what constitutes an active or passive nature of platforms, in the sense of the e-commerce directive, as a first step to submit them to a regulatory framework that would enhance their liability and the reliability of their services;
Amendment 14 #
Draft opinion
Recital D a (new)
Recital D a (new)
Da. whereas the digitalisation of the economy entails an important tax-basis erosion; whereas platforms’ revenues should be taxed where profits are realized;
Amendment 23 #
Draft opinion
Recital F a (new)
Recital F a (new)
Fa. whereas despite the fact that more creative content is being consumed today than ever before, on services such as user- uploaded content platforms and content aggregation services, the creative sectors have not seen a comparable increase in revenues from this increase in consumption; whereas one of the main reasons is being referred to as a transfer of value that has emerged due to the lack of clarity regarding the status of these online services under copyright and e- commerce law; whereas an unfair market has been created, threatening the development of the Digital Single Market and its main players: the cultural and creative industries;
Amendment 27 #
Draft opinion
Recital G
Recital G
G. whereas loyaltyfairness and transparency should be key guiding principles for platforms in building trust with their consumers and with their business partners;
Amendment 40 #
Draft opinion
Paragraph 2
Paragraph 2
2. Supports the need to increase the responsibility of platforms given the high public profile some have achieved and their importance in terms of economic and bargaining power, leading to potential market abuses;
Amendment 41 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights that liability exemptions can only apply to genuinely neutral and passive online providers, and not to services that play an active role in distributing, promoting and monetising content at the expense of creators;
Amendment 44 #
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for a regulatory framework that would guarantee loyaltyfairness and transparency in platforms’ processes in order to avoid discrimination and arbitrariness towards business partners in relation to, inter alia, access to the service, appropriate and fair referencing, andor the functioning of relevant application programming interfaces;
Amendment 53 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls for the introduction of dispute resolution mechanisms for improving redress for business partners and users of platforms;
Amendment 54 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Commission to promote enforcement mechanisms which would help Member States to take steps towards a better law enforcement applicable to platforms, in order to ensure the implementation of relevant social, fiscal and sectorial policies;
Amendment 55 #
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Considers that digital platforms are means of providing wider access to cultural and creative works and offer great opportunities for cultural and creative industries to develop new business models; highlights that consideration is to be made of how this process can function with more legal certainty and respect for right holders; underlines the importance of transparency and of ensuring a fair level playing field; considers in this regard that protection of right holders within the copyright and intellectual property framework is necessary in order to ensure recognition of values and stimulation of innovation, creativity, investment and production of content;
Amendment 60 #
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that platforms on which a large volume ofsignificant volume of protected works are stored and made available to the public should conclude licence agreements with relevant right- holders, unless they are covered by the exemption foreseen in article 14 of the e-commerce directive;
Amendment 65 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Considers that platforms which are making available works protected by copyright should take appropriate measures for the effective removal of illegally placed content;
Amendment 73 #
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for greater cooperation between platforms and right-holders in order to fight counterfeiting online, especially through; calls for the application of the ‘follow the money’ approach with relevant payment services in order to deprive counterfeiters from means of pursuing their economic activity; underlines that a regulatory framework based on a revised IPRED directive would be the appropriate means of ensuring a high level of cooperation from platforms.
Amendment 198 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Stresses that despite the fact that more creative content is being consumed today than ever before, on services such as user-uploaded content platforms and content aggregation services, the creative sectors have not seen a comparable increase in revenues from this increase in consumption; stress that one of the main reasons for that is being referred to as a transfer of value that has emerged due to the lack of clarity regarding the status of these online services under copyright and e-commerce law; stress that an unfair market has been created, threatening the development of the Digital Single Market and its main players: the cultural and creative industries;
Amendment 212 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Highlights that liability exemptions can only apply to genuinely neutral and passive online providers, and not to services that play an active role in distributing, promoting and monetising content at the expense of creators;
Amendment 221 #
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Considers that digital platforms are means of providing wider access to cultural and creative works and offer great opportunities for cultural and creative industries to develop new business models; highlights that consideration is to be made of how this process can function with more legal certainty and respect for right holders; underlines the importance of transparency and of ensuring a fair level playing field; considers in this regard that protection of right holders within the copyright and intellectual property framework is necessary in order to ensure recognition of values and stimulation of innovation, creativity, investment and production of content;