16 Amendments of Mady DELVAUX related to 2016/0280(COD)
Amendment 370 #
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37 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, yielding significant profits, the creative sectors have not seen a comparable increase in revenues from this increase in consumption. The value of cultural and creative works has been diverted away from the authors, artists, producers and others rights holders, generating an unsustainable "value gap". This transfer of value, due to the lack of clarity regarding the status of these online services under copyright and e-commerce law, undermines the efficiency of the online market, distorts competition and drives down the overall value of cultural content online. It also limits consumer choice for new and innovative legitimate services in the European Digital Single Market and puts at risk cultural and creative industries that create significant jobs and growth for EU economy, as underlined by the European Parliament resolution of 13 December 2016 on a "coherent EU policy for cultural and creative industries (2016/2072(INI))"
Amendment 376 #
Proposal for a directive
Recital 37 b (new)
Recital 37 b (new)
(37 b) Digital platforms are means of providing wider access to cultural and creative works and offer great opportunities for cultural and creative industries to develop new business models; consideration is to be made of how this process can function with more legal certainty and fairness and respect for right holders; importance of transparency and of ensuring a level playing field is necessary; in this regard, protection of right holders within the copyright and intellectual property framework is necessary in order to ensure recognition of values and stimulation of innovation, creativity, investment, to guarantee the success of a Digital Single Market, offering all diverse and quality cultural and creative works.
Amendment 388 #
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Amendment 407 #
Proposal for a directive
Recital 38 – paragraph 2
Recital 38 – paragraph 2
In respect of Article 14, it is necessary to verify whether the service providerthe application of Article 14 of the Directive 2000/31/EC, unless it has been ascertained that the role of the service provider is of a purely passive nature, the service provider would not be eligible for the liability exemption of Article 14 of the Directive 2000/31/EC and would be deemed to plays an active role, including by optimising. An active role includes, inter alia, optimisation for the purpose of the presentation by the service of the uploaded works or subject-matter or their promoting themon by the service, irrespective of the nature of the means used therefor. A service provider can be deemed active even where it has no editorial control over the content which it makes available.
Amendment 451 #
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
(39 a) The use of technical measures is essential for online licensing and rights management purposes, and content recognition technologies in particular are readily available and affordable. Such technical measures do not require the identity of uploaders and involve targeted technical cooperation between rightholders and information service providers, based on the data provided by rightholders. Provided they are used in such a way, the use of technical measures is fully compatible with Article 15 of Directive 2000/31/EC and the European Charter of Fundamental Rights. In order to promote collaboration between rightholders and information society services providers, Member States should encourage industry agreements between rightholders and information society services, and if necessary the Commission may bring forward proposals for a Code of Conduct at a later date.
Amendment 747 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall provide publishers of press publications with the rights provided for in Article 2 and Article 3(2) of Directive 2001/29/EC for the digital use of their press publications and shall ensure that a fair share of the revenue derived from the uses of the press publishers right is attributed to journalists and other employees.
Amendment 759 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1 a. Member States shall ensure that the private and non-commercial use of content through links and other means, such as citations, are excluded from the provisions and rights laid down in paragraph 1 .
Amendment 819 #
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 of 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, and shall ensure the protection of individual user data as far as possible, in compliance with Directive 95/46/EC and Directive 2002/58/EC, and the General Data Protection Regulation. The service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures, as well as, when relevant, adequate reporting on the recognition and use of the works and other subject-matter.
Amendment 867 #
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Article 13 a Licensing agreements for information society service providers that store and/or provide access to the public to significant amounts of copyright protected works or other subject-matter uploaded by their users 1. Information society service providers that store and/or provide access to the public to copyright 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 and of reproduction, shall conclude licensing agreements with rightholders, unless they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council. 2. Service providers that play an active role, including by optimising the presentation of the uploaded works or subject-matter or promoting them, are not eligible for the safe harbour liability exemption. 3. Licenses acquired by information society service providers shall cover all the acts of their individual users, which are not for direct or indirect economic or commercial advantage.
Amendment 882 #
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 and sufficientaccurate and comprehensive information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights, including subsequent transferees or licensees, notably as regards modes of exploitation, promotion, revenues generated and remuneration due.
Amendment 918 #
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States may decide that the obligation in paragraph 1 does not apply when the contribution of the author or performer is not significant having regard to the overall work or performanceshall ensure that the representative organisations of relevant stakeholders determine sector- specific standard reporting statements and procedures and foster automated processing making use of digital technologies and international identifiers of works.
Amendment 929 #
Proposal for a directive
Article 15 – paragraph -1 (new)
Article 15 – paragraph -1 (new)
-1 Member States shall ensure that authors and performers are entitled to a proportionate remuneration of the revenues derived from all modes of exploitation and every use of their works.
Amendment 940 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall ensure that authors and performers are entitled to request additional, appropriatequitable remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low compared to the subsequent relevant revenues and benefits derived from the exploitation of the works or performances.
Amendment 956 #
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
Member States shall ensure that representative organisations of authors and performers may make the claim for additional, equitable remuneration on behalf of their members.
Amendment 964 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States shall provide that disputes concerning the transparency obligation under Article 14 and the contract adjustment mechanism under Article 15 may be submitted to a voluntary,n alternative dispute resolution procedure.
Amendment 969 #
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
Member States shall ensure that representative organisations of authors and performers may represent their members in the alternative dispute resolution procedure.