Activities of Marc JOULAUD related to 2016/0280(COD)
Plenary speeches (2)
Copyright in the Digital Single Market (debate) FR
Copyright in the Digital Single Market (debate) FR
Amendments (7)
Amendment 95 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3 a) 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. This has generated a so- called 'value gap', where platform services retain the value of cultural and creative works, which is diverted from creators. The transfer of value has created an inefficient and unfair market, and threatens the long-term health of the EU's cultural and creative sectors and the success of the Digital Single Market. Thus, liability exemptions can only apply to genuinely neutral and passive online service providers, and not to services that play an active role in distributing, promoting and monetising content at the expense of creators.
Amendment 185 #
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21 a) Where user-generated content involves proportionate use of a quotation or of an extract of a protected work or other subject-matter for a legitimate purpose, such use should be protected by the exception provided in this Directive. This exception should only be applied in certain special cases which do not conflict with normal exploitation of the work or other subject-matter concerned and do not unreasonably prejudice the legitimate interests of the rightholder. For the purpose of assessing such prejudice, the degree of originality of the user-generated content concerned, the length/extent of the quotation or extract used or the degree of economic harm should be examined, where relevant, while not precluding the legitimate enjoyment of the exception. This exception should be without prejudice to the moral rights of the authors of the work or other subject- matter concerned.
Amendment 211 #
Proposal for a directive
Recital 30
Recital 30
(30) To facilitate the licensing of rights in audiovisual works to, relevant rights are consolidated with the producer by law or by contract. In order to promote cultural diversity and the availability of works on video-on-demand platforms, this Directive requires Member States to set up a negotifacilitation mechanism allowing relevant parties willing to conclude an agreement for the licensing of audiovisual works to video-on-demand platforms to rely on the assistance of an impartial body. The body should meet with the relevant parties and help withfacilitate the negotiations by providing professional and external advice. Against that background, Member States should decide on the conditions of the functioning of the negotifacilitation mechanism, including the timing and duration of the assistance to negotiations and the bearing of the costs. Member States should ensure that administrative and financial burdens remain proportionate to guarantee the efficiency of the negotifacilitation forum.
Amendment 252 #
Proposal for a directive
Recital 37
Recital 37
(37) Over the last years, the functioning of the online content marketplace has gained in complexity. Online services providing access to copyright protected content uploaded by their users without the involvement of right holders have flourished and have become main sources of access to content online. Thereby, the online services often make profits from content that they do not create, which are not always shared fairly with the concerned creators. This affects rightholders' possibilities to determine whether, and under which conditions, their work and other subject-matter are used as well as their possibilities to get an appropriate remuneration for it.
Amendment 322 #
Proposal for a directive
Recital 42 a (new)
Recital 42 a (new)
(42a) Member States should guarantee the right for authors and performers to get a fair, proportional and unwaivable right to remuneration for the making available, and the relevant reproduction acts, of their work on on-demand services. Such a right to fair remuneration should be administered according to national practices or legal requirements, without prejudice to the existing mechanisms, such as voluntary collective management agreements or extended collective licences.
Amendment 482 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that where relevant parties wishing to conclude an agreement for the purpose of making available audiovisual works on video-on- demand platforms face difficulties relating to the licensing of rights, they may rely on the assistancefacilitation of an impartial body with relevant experience. That body shall provide assistance with negotiation and help reachwith a view to the conclusion of mutually acceptable agreements.
Amendment 584 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15a Unwaivable right to fair remuneration for authors and performers 1. Member States shall ensure that when authors and performers transfer or assign their right of making available to the public for on-demand services, they retain the right to obtain additional fair remuneration for the direct exploitation of their work on these services, unless such remuneration is already guaranteed under their contract with the party to which they transferred or assigned their right. 2. The right to obtain fair remuneration guaranteed under paragraph 1 cannot be waived.