5 Amendments of Joëlle BERGERON related to 2016/0280(COD)
Amendment 99 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) In accordance with the principles of subsidiarity and proportionality, in Member States where commercial use of the freedom of panorama is not authorised, reproductions and representations by natural persons of works of architecture and sculptures permanently located in public places must always require the prior authorisation of the authors, their rightholders or collecting societies. Paragraph 37 of Parliament's resolution of 9 July 2015 on the implementation of Directive 2001/29/EC states that this field could benefit from more common rules, while remarking that differences may be justified to allow Member States to legislate according to their specific cultural and economic interests.
Amendment 255 #
Proposal for a directive
Recital 23
Recital 23
(23) Member States should, within the framework provided for in this Directive, have flexibility in choosing the specific type of mechanism allowing for licencesto be used for out-of- commerce works to extend to the rights of rightholders that are not represented by the collective management organisation, in accordance to their legal traditions, practices or circumstances. Such mechanisms can include extended collective licensing and presumptions of representation. This directive should not anticipate any specific solutions developed in Member States to handle the mass digitisation of out-of-commerce works.
Amendment 331 #
Proposal for a directive
Recital 34
Recital 34
(34) The rights granted to the publishers of press publications and press agencies under this Directive should have the same scope as the rights of reproduction and making available to the public provided for in Directive 2001/29/EC, insofar as digital uses are concerned. TheyArticles 2 and 3(2) of Directive 2001/29/EC and Articles 3 and 9 of Directive 2006/115/EC, insofar as the use of press publications is concerned. Short extracts of copyrighted press publications constitute reproduction given their economic value. Their unauthorised use should therefore be prohibited unless they are being used in a private and non- commercial context. These rights should also be subject to the same provisions on exceptions and limitations as those applicable to the rights provided for in Directive 2001/29/EC including the exception on quotation for purposes such as criticism or review laid down in Article 5(3)(d) of that Directive. The protection afforded to press agencies and publishers by this Directive should include any content generated automatically by news aggregators.
Amendment 563 #
Proposal for a directive
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. Copies of content accessible for text and data mining (TDM) must be kept in a secure way. They may not be stored or preserved in any form beyond the end of the TDM project. Any copy preserved or stored for more than six months after the end of the project shall be considered an unlawful copy.
Amendment 992 #
Proposal for a directive
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
Directive 2001/29/EC
Article 12 – paragraph 4 – point g a (new)
Article 12 – paragraph 4 – point g a (new)
2a. In Article 12(4) the following point is added: "(ga) to add publishers and press agencies to the list of beneficiaries of related rights listed in Article 2 of Directive 2001/29/EC as regards the reproduction right."