Activities of Enrico GASBARRA related to 2014/2256(INI)
Plenary speeches (1)
Harmonisation of certain aspects of copyright and related rights (debate) IT
Amendments (30)
Amendment 7 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that EU copyright law needs to be reformed so as to overcome the current lack of uniformity among the Member States and thus develop the digital single market to the full;
Amendment 15 #
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that copyright and related rights constitute the legal framework for the European cultural and creative industries and form the basis for their ability to generate economic activity and employment; views with interest the current debate on the merits of introducing a single European Copyright Title on the basis of Article 118 TFEU;
Amendment 32 #
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
– having regard to its resolution of 3 June 2010 on enforcement of intellectual property rights in the internal market,
Amendment 33 #
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
– having regard to its resolution of 16 February 2012 on access by blind people to books and other printed products,
Amendment 40 #
Draft opinion
Paragraph 3
Paragraph 3
3. Acknowledges the need to review Directive 2001/29/EC in order to ensure appropriate remuneration for copyright holders and appropriate protection of these rights in a changing and constantly evolving technological environment, response to the dissemination of new technologies and consumer behaviour patterns, which brings both opportunities and challenges;
Amendment 50 #
Motion for a resolution
Recital A
Recital A
A. whereas a revision of the European legal framework for copyright and related rights is central to the promotion of creativity and, innovation and the cultural and creative industries, and to access to knowledge and information;
Amendment 56 #
Draft opinion
Paragraph 4
Paragraph 4
4. CBelieves it important that the need for appropriate remuneration for authors be recognised and therefore considers it necessary to develop a European legal framework to strengthen the negotiating and contractual position of authors and performers in relation to other right holders and intermediaries;
Amendment 61 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Considers it necessary, as part of an overall reform of copyright, also to introduce measures apt to increase the cross-border supply and availability of digital content, such as new rules on consumer protection, the development of e-commerce, the approximation of VAT rates and the expansion of digital networks;
Amendment 72 #
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the multi-territorial licensing of rights under Directive 2014/26/EU as an example and a way of overcoming the fragmented internal market; encourages the development of balanced and flexible solutions that help overcome the existing barriers to cross-border access and availability of products and services while ensuring respect for cultural diversity;
Amendment 87 #
Motion for a resolution
Recital C
Recital C
C. whereas the Charter of Fundamental Rights protects the freedom of expression, the freedom of the arts and scientific research, the right to education and, the freedom to conduct a business, the right to remuneration and the right to property;
Amendment 102 #
Motion for a resolution
Recital D
Recital D
D. whereas Article 17 of the Charter of Fundamental Rights enshrines the right to property, drawing a distinction between the protection of possessions, on the one hand (paragraph 1), and the protection of intellectual property, on the other (paragraph 2) and formally states that intellectual property shall be protected;
Amendment 103 #
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses that any legislative change in this area should ensure accessibility for people with disabilities to products and services protected by copyright and related rights; expresses concern and regret with regard to the political obstacles in the Council which are still delaying ratification of the Treaty of Marrakesh for the Blind, which was signed by the European Union in 2013;
Amendment 106 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the creative and cultural industries make a major contribution to the EU economy, providing more than 7 million indirect jobs and accounting for 4% of EU GDP, according to the latest estimates;
Amendment 127 #
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls on the Commission to adapt and standardise the exceptions and limitations permitted in the regulatory framework of the analogue world to the new scenario represented by the digital paradigm, and in particular by cloud computing technologies;
Amendment 142 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s initiative of conducting a consultation on copyright, which attracted great interest from civil society with more than 9 500 replies, 58.7 % of which came from end users11and from all the key players in the sector; __________________ 11 Report on the responses to the Public Consultation on the Review of the EU Copyright Rules, DG MARKT, July 2014, p. 5.
Amendment 159 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes with concern that the vast majority of end-user respondents report facing problems when trying to access online services across the Member States, particularly where technological protection measures are used to enforce territorial restrictions; points out in this respect that the public consultation report by the Commission’s DG Internal Market shows that a vast majority of stakeholders felt there was a need not just for copyright reform measures but also for other measures to increase the cross-border supply and availability of digital content, such as new rules on consumer protection, the development of e-commerce, the approximation of VAT rates and the expansion of digital networks;
Amendment 186 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Acknowledges the legal principle and the necessity for authors and performers to be provided with legal protection for their creative and artistic work; recognises the role of producers and publishers in bringing works to the market, and the need for appropriate remuneration for all categories of rightholders; calls for improvements to the contractual position of authors and performers in relation to other rightholderonsiders it particularly important in this respect to move swiftly towards full implementation of Directive 2014/26 on collective rights mand intermediariesagement;
Amendment 221 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers theNotes with interest the ongoing discussions on introduction ofing a single European Copyright Title on the basis of Article 118 TFEU that would apply directly and uniformly across the EU, in accordance with the Commission’s objective of better regulation, as a legal means to remedy the lack of harmonisation resulting from Directive 2001/29/EC;
Amendment 249 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recommends that the EU legislator furthconsider lhower the barriers to to adjust the legislation on the re-use of public sector information by exempting works produced by the public sector – as part of the political, legal and administrative process – from copyright protection, with due regard for the principles underpinning the copyright system and the relevant case law of the Court of Justice;
Amendment 265 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to safeguarddefine more clearly the context for the use of public domain works, which are by definition not subject to copyright protection and should therefore be able to be used and re-used without technical or contractual barriers; also calls on the Commission to recognise the freedom of rightholders to voluntarily relinquish their rights and dedicate their works to the public domain;
Amendment 291 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. NotUrges that exceptions and limitations in the digital environment should be enjoyed without any unequal treatment as compared with those granted e Commission to adapt and standardise the exceptions and limitations that are permitted in the regulatory framework of the analogue world to the new scenario represented by the digital paradigm, and in particular by cloud computing the analogue worldechnologies;
Amendment 380 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls for the adoption of an open norm introducing flexibility certain norm in the interpretation of exceptions and limitations in certain special cases that do not conflict with the normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author or rightholder;
Amendment 387 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the European legislator to ensure the technological neutrality and future- compatibility of exceptions and limitations by taking due account of the effects of media convergence; considers, in particular, that the exception for quotation should expressly include audio- visual quotations in its scope;
Amendment 396 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Notes with interest the recent United States regulations regarding net neutrality, just launched by the US Federal Communications Commission; calls on the Commission to assess what inspiration it can draw from these new rules in the context of the revision of Directive 2001/29;
Amendment 408 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that the ability to freely link from one resource to another is one of the fundamental building blocks of the internet; calls on the EU legislator to make it clear that reference to works by means of a hyperlink is not subject to exclusive rights, as it does not consist in a communication to a new public12ify the status of works that can be accessed through a hyperlink, also by taking account of recent Court of Justice case law; __________________ 12 Order of the Court of Justice of 21 October 2014 in Case C-348/13, BestWater International GmbH v Michael Mebes and Stefan Potsch (request for a preliminary ruling from Germany’s Bundesgerichtshof).
Amendment 433 #
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 461 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for a broadvery careful consideration to be given to the importance of exceptions for research and education purposes, which should cover not only educational establishments but any kind of educational or research activity, including non-formal education; notes with interest, in this regard, the discussion under way on the drafting of a new international treaty governing exceptions for libraries and archives;
Amendment 506 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the EU legislator to preclude Member States from introducing statutory licences for the compensation of rightholders for the harm caused by acts made permissible by an exception that is legally permitted under that country's own legislation;
Amendment 545 #
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 555 #
Motion for a resolution
Paragraph 24 d (new)
Paragraph 24 d (new)
24d. Expresses concern and regret with regard to the political obstacles in the Council which are still delaying ratification of the Treaty of Marrakesh for the Blind, which was already signed by the European Union in 2013;