27 Amendments of Laura FERRARA related to 2014/2256(INI)
Amendment 49 #
Motion for a resolution
Recital A
Recital A
A. whereas the European legal framework for copyright and related rights is central to the promotion ofprimarily intended to foster creativity and, innovation, and to access to knowledge, culture and information through the dissemination of creative works;
Amendment 59 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas in pursuit of those objectives the interests of authors, performers, cultural entrepreneurs and the general public, who make use of creative works, need to be set off against each other;
Amendment 60 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the purpose of copyright has traditionally been to strike a balance between the opposing interests of stakeholders by, on the one hand, ensuring adequate remuneration for creative work performed and investments made and, on the other, establishing a number of exceptions to and limitations on exclusive rights, in order to foster the dissemination of creative works;
Amendment 71 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the digital revolution has brought with it new technique and means of communication and opened the way to new forms of expression which, while calling into question the long-established three-way relationship between creators, cultural entrepreneurs and users, has spurred the emergence of a knowledge- based economy providing new jobs and helping to promote culture and innovation;
Amendment 74 #
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas in the new digital environment consumers are not only users of creative works but are also increasingly becoming creators and distributors of their own works, albeit not on a commercial basis;
Amendment 77 #
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas the harmonisation of certain aspects of copyright and related rights in the information society sought by Directive 2001/29/EC has not been achieved, in particular as regards the exceptions and limitations for which the directive provides;
Amendment 79 #
Motion for a resolution
Recital B d (new)
Recital B d (new)
Bd. whereas the failure to harmonise laws on copyright and related rights is hampering the completion and operation of the internal market provided for in the Treaties;
Amendment 81 #
Motion for a resolution
Recital B e (new)
Recital B e (new)
Be. whereas the failure to harmonise laws on copyright and related rights and the resulting restrictions on access to digital content available on line are viewed by the general public as arbitrary and unpredictable, and are thus a source of legal uncertainty;
Amendment 83 #
Motion for a resolution
Recital B f (new)
Recital B f (new)
Bf. whereas in its communication entitled ‘A single market for 21st century Europe’ (COM(2007)0724), the Commission emphasised the need to promote the free movement of knowledge and innovation as a ‘fifth freedom’ in the single market;
Amendment 119 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the period during which works are protected in the digital environment is often out of proportion to the time required in order to recover creation costs and to the average marketing life of works;
Amendment 125 #
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas the EU legislative authorities have a duty to promote a clear legal framework for copyright and related rights that can be understood by all stakeholders, in particular the general public, and ensures legal certainty;
Amendment 128 #
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas when defining the legal framework for copyright and related rights account should be taken of the need to promote innovative industrial and commercial models, taking advantage of the opportunities offered by new technologies, in order to make EU businesses more competitive;
Amendment 132 #
Motion for a resolution
Recital E d (new)
Recital E d (new)
Ed. whereas technological innovation can be a factor in legal standards becoming obsolete, and whereas in order to counter this the legal framework for copyright and related rights should be simplified and modernised by introducing an open standard relating to the interpretation of exceptions and limitations;
Amendment 133 #
Motion for a resolution
Recital E e (new)
Recital E e (new)
Ee. whereas measures taken on an individual basis by Member States to extend the scope of protection beyond the provisions of the EU legal framework on copyright and related rights make for legal fragmentation which impedes the functioning of the internal market and increases legal uncertainty for the public, and are therefore to be deprecated;
Amendment 135 #
Motion for a resolution
Recital E f (new)
Recital E f (new)
Ef. whereas the right to charge for private copies, which is provided for in several Member States, appears unclear, obsolete and unjustified in a digital context, in view of the fact that it applies, for example, to the making of back-up copies or to the storage of copyrighted works by a given author, and whereas a proper degree of transparency should be ensured, with information being given to the public on the actual scale and purpose of the copy-taking and on the use to which the copies will be put;
Amendment 189 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Acknowledges 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; recognises that the dissemination of culture and knowledge is in the public interest; calls for improvements to the contractual position of authors and performers in relation to other rightholders and intermediaries;
Amendment 205 #
Motion for a resolution
Paragraph 3 h (new)
Paragraph 3 h (new)
3h. Calls on the Commission to restore balance to copyright holders’ contractual powers by imposing a reasonable period for the use of rights transferred by them to third parties, after which those rights would lapse;
Amendment 261 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to safeguard 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, in whole or in part, including the possibility of dedicateing their works to the public domain;
Amendment 280 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Commission to harmonise the term of protection of copyright and related rights to a duration that does not exceed the current international standards set out in the Berne Convention, taking into account the time needed to recover investment costs, the average marketing life of a work and the public interest in the dissemination of creative works;
Amendment 286 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the EU legislator to remain faithful to the objective stated in Directive 2001/29/EC of safeguarding a fair balance between the different categories of rightholders and users of protected subject-mattercontent, as well as between the different categories of rightholders;
Amendment 306 #
Motion for a resolution
Paragraph 9 – subparagraph 1 (new)
Paragraph 9 – subparagraph 1 (new)
Highlights the advisability of introducing new exceptions and limitations which should take into account technological developments and new forms of both the expression and the use of works in a digital environment;
Amendment 319 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Views with concern, in view of the development of cross-border activities, the increasing impact of differencesthe lack of uniformity among Member States in the implementation of exceptions, which creates legal uncertainty and has direct negative effects on the functioning of the digital single market, ion view of the development of cross-border activitiesthe incentive to create and promote innovative industrial and trade models and on competition;
Amendment 447 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the need to enable automated analytical techniques for text and data (e.g. ‘text and data mining’) for all purposes, provided that permission to readuse the work has been acquired;
Amendment 463 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for a broad exception for research and education purposes, which should cover not only educational establishments, universities and institutions specialising in high-level artistic, musical and dance training but any kind of educational or research activity, including non-formal education and the digitalisation of cultural traditions and heritage;
Amendment 488 #
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Calls for the adoption of a mandatory exception allowing libraries to digitalise content for the purposes of consultation, cataloguing and archiving;
Amendment 522 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for the adoption of harmonised criteria, established on the basis of scientifically proven studies, for defining the harm caused to rightholders in respect of reproductions made by a natural person for private use, and for harmonised transparency measures as regards the private copying levies put in place in some Member States13; __________________ 13 As stated in António Vitorino’s recommendations of 31 January 2013 resulting from the latest mediation process conducted by the Commission in respect of private copying and reprography levies.
Amendment 523 #
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Notes that the right to impose private copying levies should be governed in such a way as to inform citizens of the actual amount of the levy, its purpose and how it is going to be used;