16 Amendments of Pina PICIERNO related to 2016/0280(COD)
Amendment 217 #
Proposal for a directive
Recital 37
Recital 37
(37) Over the last years, the funcEvolution of digital technologies has led to the emergence of new business models and reinforced the role of the Internet as the main marketplace for the distributioning of the online contentand access to copyright- protected content. Over the last years, the functioning of this marketplace has gained in complexity. Online services providing access to copyright protected content uploaded by their users without the involvement of right holders have flourished and have become main sources of access to content online. This affects rightholders' possibilities to determine whether, and under which conditions, their work and other subject-matter are used, as well as their possibilities to get an appropriate remuneration for it. The creative sector contributes significantly both economically and culturally to the strength of the Union, and the importance of the sector has long been recognised by European Union legislation including Directive 2001/29/EC, which aims to guarantee a framework wherein the exploitation of works and other protected subject-matter can take place. Difficulties faced by rightholders when seeking to license their rights to certain online services and be remunerated for the online distribution of their works and subject matter risks undermining that aim. To uphold a high level of protection that enables the creative sectors to continue to contribute culturally and economically to the Union it is necessary to ensure that legal certainty is provided both for rightholders and users of protected works and subject- matter and that rightholders are able to negotiate copyright licenses with user – uploaded content services that distribute their content.
Amendment 245 #
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 publicor making available to the public, as the case may be, they are obliged to 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 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 263 #
Proposal for a directive
Recital 38 – paragraph 3
Recital 38 – paragraph 3
In order to ensure the functioning of any licensing agreement or to prevent the availability on their services of content not covered by such agreements, information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject- matter uploaded by their users should take appropriate and proportionate measures to ensure protection of works or other subject-matter, such as implementing effective technologies consistent with prevailing technologies and industry best practices, and provided such technology exists. This obligation should also apply when the information society service providers are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC.
Amendment 266 #
Proposal for a directive
Recital 38 a (new)
Recital 38 a (new)
(38 a) Large amounts of copyright protected works or other subject-matter should be understood as meaning large amounts of works or subject-matter within the same category or categories. Category shall be interpreted broadly, and shall include categories such as music, broadcasts, films, or computer games. Consequently, the obligations in Article 13 shall apply to information society service providers only in relation to the categories of works and other subject- matter that the service stores and provides access to in large amounts, and not to other categories.
Amendment 281 #
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
(39 a) In cases when the measures and technologies deployed in accordance with this Directive affect the upload of content covered by an exception or authorization granted, it is necessary to require service providers to set up complaints and redress mechanisms for the benefit of users whose content has been affected by the measures. Such mechanisms must strike an appropriate balance between the need to ensure that content covered by exceptions to copyright or authorisations is not unduly affected by the measures, and the need to ensure that complaints and redress mechanisms do not unreasonably prejudice the effectiveness of the measures. To achieve that aim, complaints and redress mechanisms should prescribe minimum standards for complaints to ensure right holders are provided with adequate information to assess and respond to complaints. Properly functioning complaints and redress mechanisms should provide rightholders with an adequate period to respond to complaints, taking into account the number of complaints being processed by the recipient rightholder at the time of the complaint.
Amendment 287 #
Proposal for a directive
Recital 40
Recital 40
(40) Certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under Union law. This is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration. As authors and performers tend to be in a weaker contractual position when they grant licences or transfer their rights, they need information to assess the continued economic value of their rights, compared to the remuneration received for their licence or transfer, but they often face a lack of transparency. Therefore, the sharing of adequate information by their direct contractual counterparts or their successors in title is important for the transparency and balance in the system that governs the remuneration of authors and performers.
Amendment 291 #
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 as well as the significance of the contribution by authors and performers authors and performers to the overall work or performance 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 296 #
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 performersand authors and performers may not always be able to renegotiate them with their contractual counterparts or their successors in title. Therefore, without prejudice to the law applicable to contracts in Member States, there should beif, under the applicable law or practice in Member States, authors and performers are not able to seek the modification or annulment of contracts for the exploitation of rights, Member States shall provide for a remuneration adjustment mechanism forin appropriate cases where the remuneration originally agreed under a licence or a transfer of rights ishas become strikingly disproportionately low compared to the relevant unanticipated net 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. When assessing the disproportionality, the appropriate circumstances of each case, including the nature and significance of the contribution of the author or performer to the overall work or performance, should be taken into account. Where the parties do not agree on the adjustment of the remuneration, the author or performer shouldmay be entitled to bring a claim before a court or other competent authority.
Amendment 476 #
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, thereby going beyond the provision of mere physical facilities and communicating or making available those works or other subject – matter to the public shall, in cooperation with rightholders, take effective 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. 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 494 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall ensure that the service providers referred to in paragraph 1 put in place complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraph 1, in particular regarding the possible application of an exception or an authorisation of use relating to the content concerned. Such mechanisms shall not unreasonably prejudice the effectiveness of measures referred to in paragraph 1.
Amendment 507 #
Proposal for a directive
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3a. Member States shall implement proportionate and dissuasive remedies for non-compliance with the obligations set out in paragraph 1 above.
Amendment 520 #
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 taking into account the specificities of each sector, timely, adequate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred theire party with whom they entered into a contract for the exploitation of rights, notably as regards modes of exploitation, revenues generated and remuneration due.
Amendment 526 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The obligation in paragraph 1 shall be proportionate and effective and shall ensure an appropriate level of transparency in every sector. However, in those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance, Member States may adjust the obligation in paragraph 1, provided that the obligation remains effective and ensures an appropriate level of transparencyMember States shall ensure that the service providers referred to in paragraph 1 put in place complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraph 1, in particular regarding the possible application of an exception or an authorisation of use relating to the content concerned. Such mechanisms shall not unreasonably prejudice the effectiveness of measures referred to in paragraph 1.
Amendment 535 #
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States may decide that tThe obligation in paragraph 1 does not apply when reporting obligations have been agreed by the parties or when the contribution of the author or performer is not significant having regard to the overall work or performance.
Amendment 546 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
In the absence of existing procedures under applicable national laws or industry practices enabling the modification or annulment of contracts for the exploitation of rights in appropriate circumstances, Member States shall ensure that authors and performers are entitled to request additional, appropriatethe adjustment of the agreed remuneration from the party with whom they entered into a contract for the exploitation of the rights, in cases whenre the remuneration originally agreed isagreed has become strikingly disproportionately low compared to the subsequent relevant unanticipated net revenues and benefits derived by the contracting party from the exploitation of the works or performances. When assessing the disproportionality, the appropriate circumstances of each case, including the nature and significance of the contribution of the author or performer to the overall work or performance, should be taken into account.
Amendment 576 #
Proposal for a directive
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3a. The provision in Article 15 shall apply only to circumstances where the remuneration has become strikingly disproportionate after [the date mentioned in Article 21(1)].