21 Amendments of Sergio GUTIÉRREZ PRIETO related to 2016/0280(COD)
Amendment 89 #
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37 a) These user uploaded content services have attracted users and derived economic value from providing access to protected works and other subject matter, often including its optimization of presentation, organisation and promotion. In doing so, these services directly compete with licensed content providers for the same users and revenues. However, such user uploaded content services either refuse to enter into licensing agreement or underpay the creators for the works on which they rely by erroneously claiming to be covered by the safe harbour exemptions of Directive 2000/31/EC. This transfer of value prevents authors, creators, performers and right holders from receiving a fair remuneration for their works, undermines the efficiency of the online market, distorts competition and drives down the overall value of cultural content online.
Amendment 98 #
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Amendment 107 #
Proposal for a directive
Recital 38 – paragraph 2
Recital 38 – paragraph 2
In respect of Article 14 of the Directive 2000/31/EC, it is necessary to verify whether the service provider plays an active role, including by optimising the presentation of the uploaded works or subject-matter or promoting them, irrespective of the nature of the means used therefor. The service providers playing such an active role are ineligible for the liability exemption of such Article 14.
Amendment 112 #
Proposal for a directive
Recital 38 – paragraph 3
Recital 38 – paragraph 3
In order to ensure the functioning of any licensing agreement, information society service providers storing and providing access to the public to largesignificant amounts of copyright protected works or other subject- matter uploaded by their users should take appropriate and proportionate measures to ensure protection of works or other subject-matter, such as implementing effective technologies. This obligation should also apply when the information society service providers are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC.
Amendment 117 #
Proposal for a directive
Recital 39
Recital 39
(39) Collaboration between information society service providers storing and providing access to the public to largesignificant amounts of copyright protected works or other subject-matter uploaded by their users and rightholders is essential for the functioning of technologies, such as content recognition technologies. In such cases, rightholders should provide the necessary data to allow the services to identify their content and the services should be transparent towards rightholders with regard to the deployed technologies, to allow the assessment of their appropriateness. The services should in particular provide rightholders with information on the type of technologies used, the way they are operated and their success rate for the recognition of rightholders' content. Those technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement. Those technologies should not require the identity of uploaders, thus not posing any risk for privacy of individual end users. On the contrary, those technologies should involve a highly targeted technical cooperation of rightholders and information society service providers based on data provided by rightholders in order to prevent the availability of specifically identified and duly notified works or other subject-matter, therefore being fully compatible with Article 15 of Directive 2000/31/EC and the European Charter of Fundamental Rights.
Amendment 209 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. 1.Information society service providers that store and provide to the public access to large amounts ofcopyright protected works or other subject-matter uploaded by their users, thereby going beyond the mere provision of physical facilities and performing an act of communication to the public initiated by their users uploading such works or other subject- matter, shall conclude licensing agreements with rightholders both for communication to the public and reproduction rights, unless they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC. 2. The liability exemption provided in Article 14 of Directive 2000/31/EC shall not apply to the activities of information society service providers which make protected works and other subject matter available to the public and play an active role, including by optimising the presentation of the uploaded works or subject-matter or promoting them. 3. The licensing agreements referred to in paragraph 1 shall be deemed to cover the acts carried out by the users of the information society service providers aforementioned, provided that the users are not acting on a professional basis. 4. Information society service providers that store and provide to the public access to significant amounts of copyright protected works or other subject-matter uploaded by their users shall, in cooperation with rightholders, take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject- matter or to prevent the availability on their services of works or other subject-matter identified by rightholders through the cooperation with the service providers. Those measures, such as the use of effective content recognition technologies, shall be appropriate and proportionate. The service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures, as well as, when relevant, adequate and timely reporting on the recognition and use of the works and other subject-matter. 5. Member States shall ensure that the service providers referred to in paragraph 4 put in place complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraph 4. 6. Information society service providers that take measures referred to in paragraph 4 shall ensure that such measures are in full compliance with Article 15 of Directive 2000/31/EC and the European Charter of Fundamental Rights. 7. Member States shall facilitate, where appropriate, the cooperation between the information society service providers and rightholders through stakeholder dialogues to define best practices, such as appropriate and proportionate content recognition technologies, taking into account, among others, the nature of the services, the availability of the technologies and their effectiveness in light of technological developments.
Amendment 218 #
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37 a) These user uploaded content services have attracted users and derived economic value from providing access to protected works and other subject matter, often including its optimization of presentation, organisation and promotion. In doing so, these services directly compete with licensed content providers for the same users and revenues. However, such user uploaded content services either refuse to enter into licensing agreement or underpay the creators for the works on which they rely by erroneously claiming to be covered by the safe harbour exemptions of Directive 2000/31/EC. This transfer of value prevents authors, creators, performers and right holders from receiving a fair remuneration for their works, undermines the efficiency of the online market, distorts competition and drives down the overall value of cultural content online.
Amendment 220 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 226 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 233 #
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Article 13 a Unwaivable right to remuneration 1. Member States shall ensure that when an audiovisual author has transferred or assigned his or her making available right to a producer, that author shall retain the right to obtain an equitable remuneration. 2. This right to obtain an equitable remuneration for the making available of the author's work is inalienable and cannot be waived. 3. The administration of this right to obtain an equitable remuneration for the making available of the author's work shall be entrusted to collective management organisations representing audiovisual authors, unless other collective agreements, including voluntary collective management agreements, guarantee such remuneration to audiovisual authors for the making available right 4. Authors' collective management organisations shall collect the equitable remuneration from audiovisual media services making audiovisual works available to the public.
Amendment 236 #
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Amendment 238 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that authors and performers receive on a regular basis and no less than once a year and taking into account the specificities of each sector, timely, adequate, accurate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights, notably as regards modes of exploitation, revenues generated and remuneration due.
Amendment 255 #
Proposal for a directive
Recital 38 – paragraph 2
Recital 38 – paragraph 2
In respect of Article 14 of the Directive 2000/31/EC, it is necessary to verify whether the service provider plays an active role, including by optimising the presentation of the uploaded works or subject-matter or promoting them, irrespective of the nature of the means used therefor. The service providers playing such an active role are ineligible for the liability exemption of such Article 14.
Amendment 262 #
Proposal for a directive
Recital 38 – paragraph 3
Recital 38 – paragraph 3
In order to ensure the functioning of any licensing agreement, information society service providers storing and providing access to the public to largesignificant amounts of copyright protected works or other subject- matter uploaded by their users should take appropriate and proportionate measures to ensure protection of works or other subject-matter, such as implementing effective technologies. This obligation should also apply when the information society service providers are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC.
Amendment 275 #
Proposal for a directive
Recital 39
Recital 39
(39) Collaboration between information society service providers storing and providing access to the public to largesignificant amounts of copyright protected works or other subject-matter uploaded by their users and rightholders is essential for the functioning of technologies, such as content recognition technologies. In such cases, rightholders should provide the necessary data to allow the services to identify their content and the services should be transparent towards rightholders with regard to the deployed technologies, to allow the assessment of their appropriateness. The services should in particular provide rightholders with information on the type of technologies used, the way they are operated and their success rate for the recognition of rightholders' content. Those technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement. Those technologies should not require the identity of uploaders, thus not posing any risk for privacy of individual end users. On the contrary, those technologies should involve a highly targeted technical cooperation of rightholders and information society service providers based on data provided by rightholders in order to prevent the availability of specifically identified and duly notified works or other subject-matter, therefore being fully compatible with Article 15 of Directive 2000/31/EC and the European Charter of Fundamental Rights.
Amendment 461 #
Proposal for a directive
Article 13 – title
Article 13 – title
Use of protected content by information society service providers storing and giving access to largesignificant amounts of works and other subject-matter uploaded by their users
Amendment 470 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Information society service providers that store and provide to the public access to large amounts ofcopyright protected works or other subject-matter uploaded by their users, thereby going beyond the mere provision of physical facilities and performing an act of communication to the public initiated by their users uploading such works or other subject- matter, shall conclude licensing agreements with rightholders both for communication to the public and reproduction rights, unless they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC. The liability exemption provided in Article 14 of Directive 2000/31/EC shall not apply to the activities of information society service providers which make protected works and other subject matter available to the public and play an active role, including by optimising the presentation of the uploaded works or subject-matter or promoting them. The licensing agreements referred to in paragraph 1 shall be deemed to cover the acts carried out by the users of the information society service providers aforementioned, provided that the users are not acting on a professional basis. Information society service providers that store and provide to the public access to significant amounts of copyright protected works or other subject-matter uploaded by their users shall, in cooperation with rightholders, take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject-matter or to prevent the availability on their services of works or other subject-matter identified by rightholders through the cooperation with the service providers. Those measures, such as the use of effective content recognition technologies, shall be appropriate and proportionate. The service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures, as well as, when relevant, adequate and timely reporting on the recognition and use of the works and other subject-matter. Member States shall ensure that the service providers referred to in paragraph 4 put in place complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraph 4. Information society service providers that take measures referred to in paragraph 4 shall ensure that such measures are in full compliance with Article 15 of Directive 2000/31/EC and the European Charter of Fundamental Rights. Member States shall facilitate, where appropriate, the cooperation between the information society service providers and rightholders through stakeholder dialogues to define best practices, such as appropriate and proportionate content recognition technologies, taking into account, among others, the nature of the services, the availability of the technologies and their effectiveness in light of technological developments.
Amendment 486 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 499 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 511 #
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Article 13a Unwaivable right to remuneration 1. Member States shall ensure that when an audiovisual author has transferred or assigned his or her making available right to a producer, that author shall retain the right to obtain an equitable remuneration. 2. This right to obtain an equitable remuneration for the making available of the author's work is inalienable and cannot be waived. 3. The administration of this right to obtain an equitable remuneration for the making available of the author's work shall be entrusted to collective management organisations representing audiovisual authors, unless other collective agreements, including voluntary collective management agreements, guarantee such remuneration to audiovisual authors for the making available right 4. Authors' collective management organisations shall collect the equitable remuneration from audiovisual media services making audiovisual works available to the public.
Amendment 521 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that authors and performers receive on a regular basis and no less than once a year and taking into account the specificities of each sector, timely, adequate, accurate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights, notably as regards modes of exploitation, revenues generated and remuneration due.