5 Amendments of Maria GRAPINI related to 2016/0280(COD)
Amendment 244 #
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Where information society service providers store and 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, they are obliged to conclude fair and equitable licensing agreements with rightholders, ensuring them suitable remuneration in line with the number of downloads, unless they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council34 . _________________ 34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1–16).
Amendment 292 #
Proposal for a directive
Recital 41
Recital 41
(41) When implementing transparency obligations, the specificities of different content sectors and of the rights of the authors and performers in each sector, as well as the percentage of the contribution by authors to the final work should be considered. Member States should consult all relevant stakeholders as that should help determine sector-specific requirements. Collective bargaining should be considered as an option to reach an agreement between the relevant stakeholders regarding transparency. To enable the adaptation of current reporting practices to the transparency obligations, a transitional period should be provided for. The transparency obligations do not need to apply to agreements concluded with collective management organisations as those are already subject to transparency obligations under Directive 2014/26/EU.
Amendment 297 #
Proposal for a directive
Recital 42
Recital 42
(42) Certain contracts for the exploitation of rights harmonised at Union level are of long duration, offering few possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title. Therefore, without prejudice tohere the law applicable to contracts inin Member States does not allow authors and performers to request cancellation or modification of the copyright assignment agreement, Member States, there should beprovide for a remuneration adjustment mechanism for cases where the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the relevant revenues and the benefits derived from the exploitation of the work or the fixation of the performance, including in light of the transparency ensured by this Directive. The assessment of the situation should take account of the specific circumstances of each case as well as of the specificities and practices of the different content sectors. Where the parties do not agree on the adjustment of the remuneration, the author or performer should be entitled to bring a claim before a court or other competent authority.
Amendment 467 #
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 amountlarge quantities of works or other subject- matter uploaded by their users shall,protected by copyright and provide public access to such works uploaded by their users must conclude fair and equitable licence agreements in cooperation with rightholders, take measures to ensure the funcensuring them suitable remuneration ing 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 cooper line with the number of downloads, unless they meet the conditions for exemption from liability under Article 14 of Directive 2000/31/EC. Implementation withof the service providers. Those measures, such as the use of effective content recognition technologies, shall be appropriate and proportionate. 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 agreements shall be subject to respect for the fundamental rights of users, and in accordance with Article 15 of Directive 2000/31/EC. Service providers shall cooperate with rightholders to ensure the effectiveness and full transparency of such agreements.
Amendment 552 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
In the absence of national legislative provisions regarding cancellation or modification of the copyright assignment agreement, Member States shall ensure that authors and performers are entitled to request additional, appropriate 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.