Activities of Marc JOULAUD related to 2015/2147(INI)
Plenary speeches (1)
Towards a Digital Single Market Act (A8-0371/2015 - Kaja Kallas, Evelyne Gebhardt) FR
Amendments (74)
Amendment 6 #
Draft opinion
Recital A (new)
Recital A (new)
A. whereas in some Member States the implementation of Article 13 on the promotion of European works by on- demand services is not prescriptive enough to meet the cultural diversity objective spelled out in the Directive;
Amendment 16 #
Draft opinion
Paragraph 1
Paragraph 1
1. Urges the Commission to overhaul Directive 2010/13/EU1 without delay, doing away with the distinction between linear and non-linear services, encouraging the use of editorially screened content to which the country-of- origin principle applies and fleshing out the general social objectives of audiovisual regulationin order to bring about convergence of regulation of audiovisual services with similar functions, which are currently regulated differently; __________________ 1 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).
Amendment 22 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers, however, that the scope of the directive should not be extended to audiovisual content which is not the principal purpose of the information service;
Amendment 24 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the communication of the Commission" Towards a Connected Digital Single Market Act" and the included commitment to modernise the copyright framework to adapt them to the digital age while at the same time ensuring the right balance between a fair remuneration of the author, the public interest of dissemination of knowledge and preserving cultural diversity;
Amendment 26 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recommends reviewing the level of regulation for the areas of Directive 2010/13/EU in which the aims of the legislation are not being achieved; believes that European-level minimum requirements for all audiovisual media services should be put in place; stresses that high standards should apply to all audiovisual media services to ensure youth protection, consumer protection and data protection;
Amendment 27 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the economic importance of the cultural and creative industries, which, with a turnover of EUR 535.9 billion and 7.1 million jobs, and as the third largest source of employment in the EU, are a driving force behind growth in Europe; considers that this sector, whose cornerstone is intellectual property and particularly copyright, requires a consolidated and enhanced regulatory framework in order to guarantee the vitality, influence and above all diversity of European culture;
Amendment 28 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses the potential of the Digital Single Market to stimulate social and generational inclusion which requires a regulatory framework that makes private investment in creative infrastructure commercially attractive as this will ultimately be beneficial to creators and end-users;
Amendment 30 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
Stresses that the aim of amending Directive 2010/13/EU must be to review the regulatory objective of the existing media-specific legal framework for audiovisual media and bring this framework into line with current realities in markets which have converged;
Amendment 33 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Regrets that the requirements of Article 13 on the promotion of European works by on-demand services have been implemented in different manner by many Member States resulting in the absence of clear obligations and monitoring; combined with the country of origin principle, it has encouraged forum shopping for on-demand services;
Amendment 33 #
Draft opinion
Paragraph -2 a (new)
Paragraph -2 a (new)
-2a. Calls on distributors to publish all available information concerning the technological measures necessary to ensure interoperability of their content;
Amendment 35 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses that the country of origin (or country of broadcasting) principle enshrined in the Audiovisual Media Services Directive is still a significant prerequisite for the provision of audiovisual content across borders and a milestone on the way to a common market in services; emphasises, however, the need to adapt EU law to the realities of the internet and the digital environment, and to pay special attention to companies offering audiovisual content on-line or on-demand which try to evade taxation and audiovisual regulation in certain Member States by basing themselves in countries with a very low tax rate or audiovisual regulation;
Amendment 35 #
Draft opinion
Paragraph -2 b (new)
Paragraph -2 b (new)
-2b. Insists on the need to pursue the Commission’s Work Programme with a view to the adoption of a series of digital- market-related measures to modernise copyright rules, adapting them to the digital era;
Amendment 36 #
Draft opinion
Paragraph -2 c (new)
Paragraph -2 c (new)
-2c. Underscores the crucial role played by the legal framework for copyright in sustaining the creative process and enabling authors to earn a living as professionals in the cultural and creative industries; with reference in this regard to the recent studies by, respectively, the European Parliament on Contractual Arrangements applicable to Creators and the Commission on remuneration of authors, calls on the Commission to ensure that the core element of any reform of copyright law is the equitable remuneration of authors for the use of their work on line;
Amendment 38 #
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Stresses the dual character of audiovisual media as cultural and economic assets;
Amendment 39 #
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Calls the European Commission to analyse the possibility for the strengthening of Article 13 by introducing a combination of clear requirements, including a financial contribution, and monitoring tools for the promotion of European works by on-demand services;
Amendment 40 #
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Stresses that the country of origin of the advertising profit, the language of the service and the targeted public of the advertisement and content should be considered as part of the criteria to determine the audiovisual regulation to be applied to audiovisual media services or to contest the initial determination of the competent Member State;
Amendment 42 #
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Considers that an amendment to Directive 2010/13/EU should create fair competitive conditions by bringing the rights and obligations of broadcasters into line with those of other market operators by means of a cross-cutting legal framework applicable to all media;
Amendment 52 #
Draft opinion
Paragraph 2
Paragraph 2
2. BWelievcomes that platforms and intermediaries should be regulated in such a way as to rule out discrimine Commission’s initiative to analyse (inter alia, on the basis of public consultation) to a large extent and guarantee the findability of editorially screened contenthe role of online platforms in the digital single market and in a context of media convergence, and calls on it to establish a definition of the term ‘online platform’;
Amendment 53 #
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for targeted, evidence-based reforms to enhance cross-border access to legally available online content but stresses the importance of not mandating pan- European licences; calls instead for reforms to enable the enhanced portability of legally acquired content to be prioritised, and for the introduction of commercial models for flexible licensing, benefiting consumers without undermining either the principle of territoriality for exclusive rights or that of freedom of contract, both of which play a fundamental role in the financing of audiovisual works;
Amendment 62 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasises, in this regard, that the Commission should be guided by the overarching objectives of non- discrimination, freedom of contract, accessibility, findability, technology and net neutrality, transparency and the establishment of a level playing field;
Amendment 65 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses the importance of the contribution made by cultural content to the development of the European digital economy; observes that a large part of the revenue generated by Internet intermediaries is directly or indirectly linked to the use of this cultural content;
Amendment 70 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasises that any reform of the copyright framework should take as a basis a high level of protection, 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;
Amendment 71 #
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Calls for the diversity of cultural and audiovisual work to be easily accessible to, and findable by, all Europeans, in particular where the content on offer to users is prescribed by device manufacturers, network operators, content providers or other aggregators;
Amendment 73 #
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Demands that no restrictions be placed on users’ ability to sort and prioritise content;
Amendment 73 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. 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 audiovisual works, and also on cultural diversity;
Amendment 75 #
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Asks the Commission to ensure in this respect fair remuneration for creators and rightholders and to guarantee that persistence and perseverance is exercised throughout the creative supply chain;
Amendment 77 #
Draft opinion
Paragraph 2 f (new)
Paragraph 2 f (new)
2f. Points out that, in dynamically developing digital markets, rigid rules on platform regulation can undermine the innovative potential of new business models; notes moreover that it is preferable to take a case-by-case approach to the use of statutory instruments for regulation;
Amendment 82 #
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that further efforts are needed to overhaul copyright law and that any revised provisions should apply to all media; it is necessary to make the appropriate amendments to the regulatory framework of copyright in order to tackle the true problem of the cultural and creative industry, namely that of rebalancing the transfer of value within the digital economy;
Amendment 83 #
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that further efforts are needed to overhaulreview copyright law and that any revised provisions should apply to allonly where it is strictly necessary, while taking into account the convergence of media;
Amendment 86 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines that the revision of copyright exceptions should only be based on proven needs and without prejudice to the European cultural diversity, to its financing and to the fair remuneration of authors;
Amendment 90 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Member States, in the context of overall VAT reform, to consider the possibility of making e-books subject to the same rate of VAT as cultural goods;
Amendment 95 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that copyright is both the economic basis for creative activity and the guarantor of Europe’s creative diversity and broad knowledge base;
Amendment 97 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls that the financing of audiovisual content relies for a significant part on the principle of territoriality of rights, which allowed a strong cultural diversity within the European production.
Amendment 98 #
Draft opinion
Paragraph 3
Paragraph 3
3. BStresses the need to adjust the definition of the status of intermediary in the current digital environment; believes that internet service providers should bear greater responsibility for illegal content made available on the internet and should, along with other actors in the supply chain such as payment providers, play a significant role in tackling copyright abuses;
Amendment 104 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Underlines the importance of the territoriality principle for Europe’s film culture, for example, and calls for financing models for audiovisual works based on national licensing models not to be destroyed by binding, pan-European licences; instead, the cross-border portability of legally-acquired content should be promoted;
Amendment 106 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Underlines that "premium access" through the presale of rights is one of the core conditions for financing audiovisual content, as it allows a return on investment and new resources to finance future audiovisual content;
Amendment 106 #
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that internet service providers should bear greater responsibility for illegal content made available on the internet and should, along with other actors in the supply chain such as payment providers, play a significant role in tackling copyright abuses; Encourages the actors of the supply chain to exchange information and good practices, and to take coordinated and proportionate actions to fight commercial scale infringement on the basis of sector agreements;
Amendment 108 #
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Continues to support in this context the continued use of a variety of business models;
Amendment 110 #
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Underlines that audiovisual content may have different market value from a Member State to another, depending on the characteristics of the national market, and requires targeted and specific promotion campaign to get the content to its public;
Amendment 112 #
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Calls the Member States to extend the scope of the quotation exception, without prejudice to the authors' moral rights, to short audiovisual quotations for non- advertisement and non-political uses, provided that the work used is clearly credited, that the quotation does not conflict with a normal exploitation of the work and does not prejudice the legitimate interests of the authors;
Amendment 114 #
Draft opinion
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Calls for further dialogue between the rightholders, the online platforms and the creators relying on these platforms in order to achieve a mutually beneficial cooperation, where copyrights are protected while allowing and encouraging innovative ways of creating;
Amendment 116 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Takes the view that the legislature should consider solutions for the displacement of value from content to services;
Amendment 118 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasis that the agreements between the actors of the supply chain as well as the process to fight commercial scale infringements should be transparent for the authorities, the online services and the consumers;
Amendment 121 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls for the status of and arrangements governing the responsibility of intermediaries and online platforms to be clarified as part of the future reform of copyright law in order to restore the balance of interests involved, which is not safeguarded at present; takes the view that these online intermediaries generate income from cultural works and content, but this income is not shared with the creators; considers it vital, therefore, not to hamper the development of the digital single market, while at the same time guaranteeing fair remuneration for creators;
Amendment 123 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that creative works, which represent one of the main sources that guarantee the functioning of the digital economy and sustain information technology sector stakeholders, should be the subject of a fair transfer of value to the benefit of their authors;
Amendment 124 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Insists that any measures taken by the actors of the supply chain to fight commercial scale infringements should be justified and include the possibility of effective and user-friendly remedies for adversely affected parties;
Amendment 125 #
Draft opinion
Paragraph 4
Paragraph 4
4. Believes thatCalls on the Commission to check whether the legal thinking behind Directive 93/83/EEC2 provides a suitable point of departure for measures to improve cross-border access to content in the digital single market. __________________ 2 Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable transmission (OJ L 248, 6.10.1993, p. 15).
Amendment 127 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Commission to consider solutions aimed at remedying the displacement of the value of creative works from content to services; stresses the need to adjust the definition of the status of intermediary to match the current digital environment;
Amendment 128 #
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Recalls that coercive measures taken by the actors of the supply chain to fight copyright infringements should be a last resort solution and should not include the non-judicial blocking of websites;
Amendment 131 #
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Recalls, in the Member States in which this is permitted by law, the practical limitations and the current limited effectiveness in the long run of judicial blocking of websites and of the notice and take down system; Emphasise therefore the need to reinforce the efficacy of these measures or to find new measures to fight copyright infringement, without prejudice to the European Charter of Fundamental Rights and to the principle of proportionality;
Amendment 138 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes that including classes in IT skills in the school curriculum would be extremely useful and stresses in this context the parallel need for constant training for the teachers;
Amendment 140 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Believes that when the Member States introduce the list of major events, including sports and entertainment events that are of general interest, it should be mandatory to notify this list to the European Commission; listed events should be accessible and in line with the prevailing quality standards;
Amendment 141 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Encourages the Commission and the Member States to set the basis for mutual recognition of the digital skills developed by European citizens through the education system or through training programs.
Amendment 144 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the increasing development of e-commerce and online activities provides new possibilities for consumer protection and IPR enforcement; whereas the application of a duty of care along the supply chain would reinforce consumer and business trust online[CE1] by increasing cooperation and exchange of information and best practices to combat illegal goods and content;
Amendment 144 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to encourage portability of content and interoperability while respecting economic models based on territoriality of rights in Europe, particularly as regards the financing of audiovisual production; observes that territoriality is at the heart of the economy in this sector of copyright, and that therefore it must not be jeopardised, particularly not by a system of pan- European licences;
Amendment 150 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that in order to achieve a meaningful enforcement of copyright, full information as regards to the identity of the rightholders and, where relevant, to the duration of the legal protection, should be easily accessible for the public;
Amendment 151 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Notes that, in the teaching of digital skills, particular consideration should be given to ‘vulnerable populations’ 1 a and calls for projects for the teaching of digital skills specifically to these people to be more intensively and sustainably promoted; __________________ 1a Defined as in the Tunis Agenda and the Geneva Declaration of Principles of the World Summit on the Information Society.
Amendment 153 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls the Commission and the Member States to set up a European certificate or grading system to establish a common assessment of the digital skills developed by European citizens, following the example of the European common framework of reference for language learning and teaching.
Amendment 155 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Notes that copyright infringements committed by the public find one of its sources in the difficulty to find easily the desired content within the legal offer; calls, therefore, for a wide range of user- friendly legal offers to be developed and promoted to the public;
Amendment 160 #
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Underlines the importance of proper training for teachers on digital skills, on the way to teach these skills efficiently to students, and on how to use these skills to support the learning process in general.
Amendment 165 #
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Underline the importance of enhancing the portability within the European Union of online services of legally acquired and legally made available content, whilst fully respecting copyrights and the interests of right- holders.
Amendment 169 #
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Stresses that cross-border access to legally made available audiovisual content should not hinder its financing process and subsequently the European cultural diversity.
Amendment 174 #
Draft opinion
Paragraph 4 f (new)
Paragraph 4 f (new)
4f. Underlines that the legal audiovisual online offer should be furthermore developed in order to enhance the accessibility to a wide and diverse content for the consumers, with various language and subtitle options.
Amendment 177 #
Draft opinion
Paragraph 4 g (new)
Paragraph 4 g (new)
4g. Calls the Member States to optimise the media chronology, in order to accelerate the availability of audiovisual content for the consumers, while maintaining a sustainable first and second window of diffusion.
Amendment 185 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that digital developments also provide for a meaningful change in public administration, establishing much more effective, simplified and user-friendly e- administration. In this regard it is very important for the citizens and the business to have interconnected commercial registers;
Amendment 369 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the Commission’'s initiative to improve theconsumers' legal protection of consumers as regardsconcerning intangible digital content; points out that while consumers buying genuine tangible digital content, goods and services are protected by consumer protection laws, consumer rights when buying intangible digital content remain largely unregulated; agrees that consumers should enjoy a comparablthe same level of protection regardless of whether they purchase digital content online or off, goods and services online or offline; calls on the Commission and Member States to adopt the necessary measures against the sales of illicit content and goods online;
Amendment 398 #
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Believes that building a truly inclusive Digital Single Market requires the interoperability of systems, the use of common standards and the application of the same rules online as offline;
Amendment 554 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that ambitious actions are needed to improve access to legal digital content, and tangible goods and services by in particular by ending unjustified geo- blocking practices and unfair price discrimination based on geographical location;
Amendment 590 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Asks the Commission to propose measures to end practices such as IP tracking or the deliberate non- interoperability of systems restricting the choice of consumers and to guarantee the portability of people's digital lives;
Amendment 596 #
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Acknowledges that geo-blocking may be justified in certain cases, for example in the audiovisual sector, where financing production depends to a large extent on territorial exclusivity;
Amendment 852 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Appreciates the Commission’'s initiative to analyse the role of platforms inas part of the Digital Economy as part ofSingle Market Strategy and calls on the Commission to ensure that all actors along the supcoming Internal Market Strategyply chain apply a duty of care by taking all necessary measures against the sales of illicit content and goods;
Amendment 875 #
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Urges the Commission to distinguish between technical intermediaries providing straightforward hosting services and platforms seeking to make protected works available to the public, and clarify the provisions of Directive 2000/31 on electronic commerce and Directive 2001/29 on copyright and related rights in the information society;
Amendment 881 #
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Urges the Commission to take into account the essential contribution of the cultural and creative industries in the digital economy and ensure that rights holders are entitled to remuneration for the online use of their works by platforms;
Amendment 957 #
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Considers that the rights and duties of all operators of the digital value chain should be clarified through the application of a duty of care principle, which should apply to online intermediaries;