Activities of Virginie ROZIÈRE related to 2014/2256(INI)
Plenary speeches (2)
Harmonisation of certain aspects of copyright and related rights (debate) FR
Harmonisation of certain aspects of copyright and related rights (A8-0209/2015 - Julia Reda) FR
Amendments (40)
Amendment 4 #
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 12 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recalls that the primary objective of copyright is the protection of authors and their just rewards;
Amendment 26 #
Draft opinion
Paragraph 4
Paragraph 4
4. Recognises the need to ensure appropriate remuneration and to protect the rights of all categories of right holders in a better way; recalls that while the cultural and creative industries (CCI) employ more than seven million people and contribute 4.5% of EU GDP annually, and that even though the services, technologies and options permitting the general public to access creative works grow every day, the earnings of right holders in the CCI sector keep decreasing; stresses that this trend is largely due to the excessive value absorbed by intermediaries within the meaning of Directive 2001/29/CE;
Amendment 33 #
Draft opinion
Paragraph 5
Paragraph 5
5. Highlights the fact that Member States’ provisions on copyright and related rights vary considerably, and that the exclusivity which copyright grants its owner is, in principle, limited to the territorial boundaries of the Member State where the right has been granted, which leads to market fragmentation across the EU; points out that territoriality in built into copyright, endowing Member States with their cultural policy instruments;
Amendment 43 #
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that territorial fragmentation may require users aspiring to offer content- related services across the EU to secure multiple licenses; emphasises the fact that differences in limitations and exceptions create additional legal costs and legal uncertainty; recalnotes that this option is available to operators wishing for it; points out also that consumers may be denied access to certain content services on geographical grounds; urges the Member States and operators to introduce content portability mechanisms for European consumers;
Amendment 63 #
Motion for a resolution
Recital B
Recital B
B. whereas Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society was aimed at adapting legislation on copyright and related rights to reflect technological developments while maintaining the vitality of a sustainable creative economy in Europe;
Amendment 92 #
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, personal data and intellectual property;
Amendment 114 #
Motion for a resolution
Paragraph -1 c (new)
Paragraph -1 c (new)
–1c. Points out that copyright is the tangible means of ensuring that creators are remunerated and that the creative process is funded;
Amendment 121 #
Motion for a resolution
Paragraph -1 b (new)
Paragraph -1 b (new)
-1b. Points out that digital technologies have redefined the value chain in the cultural economy to the detriment of authors, performers or producers of copyrighted works, and in favour of on- line communication service providers; stresses that copyright must not be regarded as the only solution for combating this; calls therefore on the Commission to consider revising the E- Commerce Directive, and in particular Articles 12 to 15 thereof;
Amendment 127 #
Motion for a resolution
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Emphasises that any revision of Directive 2001/29/EC should continue to safeguard the principle of fair remuneration for rightholders; calls for a reaffirmation of the principle of territoriality, enabling each Member State to safeguard the fair remuneration principle within the framework of its own cultural policy;
Amendment 130 #
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Points out that the existence of copyright and related rights inherently implies territoriality; emphasises that there is no contradiction between that principle and measures to ensure the portability of content;
Amendment 134 #
Motion for a resolution
Recital E e (new)
Recital E e (new)
Ee. whereas users need access to a plentiful and diverse supply of high- quality content;
Amendment 140 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s initiative of conducting a consultation on copyright, which attracted great interest from civil societyall interested parties, with more than 9 500 replies, 58.7 % of which came from end users11; __________________ 11 Commission, DG MARKT, Report on the responses to the Public Consultation on the Review of the EU Copyright Rules, July 2014, p. 5.
Amendment 152 #
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 193 #
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 remunerfair compensation for all categories of rightholders; calls for improvements to the conton the Member States to explore practuical position of authors and performers in relation to other rightholders and intermediariesmeasures for ensuring that authors and performers receive fair remuneration;
Amendment 210 #
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 233 #
Motion for a resolution
Paragraph 4 f (new)
Paragraph 4 f (new)
4f. Draws attention to the fact that multi- territorial licensing, as provided for in Directive 2014/26/EU on collective management of copyright, is an option when broadcasters want Europe-wide coverage;
Amendment 235 #
Motion for a resolution
Paragraph 4 h (new)
Paragraph 4 h (new)
4h. Points out that the financing, production and co-production of films and television content depend to a great extent on exclusive territorial licences granted to local distributers on a range of platforms reflecting the cultural specificities of the various markets in Europe; that being so, emphasises that the ability, under the principle of freedom of contract, to select the extent of territorial coverage and the type of distribution platform encourages investment in films and television content and promotes cultural diversity; calls on the Commission to ensure that any initiative to modernise copyright is preceded by a wide-ranging study of its likely impact on the production, financing and distribution of films and television content, and also on cultural diversity;
Amendment 239 #
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 258 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to safeguard public domain works, which are by definition not subject to copyright protection and should therefore be able to be used and re-used without technical or contractual barriers; also calls on the Commission to recognise the freedom of rightholders to voluntarily relinquish their rights and dedicate their works to the public domainHighlights the need for a common definition of 'public domain' so as to ensure the widespread dissemination of cultural content across the EU;
Amendment 279 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to harmonise the term of protection of copyright to a duration that does not exceed the current international standards set out in the Berne Conventionmaintain the high level of harmonisation of the term of protection of copyright, in accordance with the Berne Convention; emphasises that the term of protection for holders of related rights should also be harmonised;
Amendment 292 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that exceptions and limitations in the digital environment should be enjoyed without any unequal treatment as compared with those granted in the analogue worldmust be applied in such a way as to take account of the particular respective characteristics of the digital and analogue environments;
Amendment 308 #
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 315 #
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 development of cross-border activitiesNotes that the room for manoeuvre left to Member States under the subsidiarity principle has made it possible to adapt the exceptions to social and economic realities in the Member States without creating obstacles to the functioning of the internal market;
Amendment 329 #
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 351 #
Motion for a resolution
Paragraph 11 g (new)
Paragraph 11 g (new)
11g. Calls on the Commission to consider with care the possibility of making certain exceptions mandatory where the purpose is to protect fundamental rights, particularly to combat discrimination or protect freedom of the press; realls in this context that fair compensation should be provided for these exceptions;
Amendment 370 #
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 379 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. CRecalls for the adoption of an open norm introducing flexibility in the interpretation of exceptions and limitations in certain special cases that dothat exceptions and limitations must not conflict with the normal exploitation of the work and do notor unreasonably prejudice the legitimate interests of the author or rightholder; they are created for quite specific reasons and must be strictly applied by Member States;
Amendment 383 #
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 includeConsiders that the exception for quotation should continue to be strictly defined, while including the possibility of its extension to audio- visual quotations in its scope;
Amendment 409 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses 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 clearincorporate the case-law of the Court of Justice into its positive law so 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; observes that this option must be strictly limited to links which lead to freely available content; observes that the online intermediaries liability regime applicable to links to illicit content should be tightened up, particularly by revising the e-commerce directive; __________________ 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 Bundesgerichtshof).
Amendment 426 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the EU legislator to ensure that the non-commercial use of photographs, video footage or other images of works which are permanently located in public places is permitted;
Amendment 430 #
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Calls on Member States to consider incorporating into their national law the ‘panorama’ exception to the extent that works permanently located in public places are produced by the public sector;
Amendment 436 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Emphasises thate importance of the exception for caricature, parody and pastiche should apply regardless of the purpose of the parodic usas a factor in the vitality of democratic debate;
Amendment 448 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the need to enable automated analytical techniques for text and data (e.g. ‘text and data mining’) for all purposes which are not directly commercial, provided that permission to read the work has been acquired;
Amendment 459 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for a broadon the Commission to consider making the exception for research and education purposes, which should cover not only educational establishments but any kind of educational or research activity, including non-formal education compulsory, and observes that this exception should be strictly defined;
Amendment 497 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the EU legislator to preclude Member States from introducing statutory licences for thecontinue to guarantee to Member States the option of compensation ofng rightholders for the harm caused by acts made permissible by an exception;
Amendment 519 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. CRecalls for the adoption of harmonised criteria for definingthe importance of fair compensation for 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 States13; __________________ 13As 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 530 #
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 533 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. StressNotes that the effective exercise of exceptions or limitations, and access to content that is not subject to copyright or related rights protection, should not be hindered by technological measuresis guaranteed by Article 6(4) 0f Directive 2001/29/EC;
Amendment 554 #
Motion for a resolution
Paragraph 24 c (new)
Paragraph 24 c (new)
24c. Calls on distributors to publish all available information concerning the technological measures necessary to ensure interoperability of their content;