Activities of Angel DZHAMBAZKI related to 2014/2256(INI)
Legal basis opinions (0)
Amendments (35)
Amendment 50 #
Draft opinion
Paragraph 4
Paragraph 4
Amendment 54 #
Motion for a resolution
Recital A
Recital A
A. whereas the European legal framework for copyright and related rights is central to the promotion of creativity and, innovation, economic growth, competitiveness, the Digital Single Market and to access to knowledge and information;
Amendment 56 #
Draft opinion
Paragraph 5
Paragraph 5
Amendment 68 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes that the room for manoeuvre left to Member States in accordance with the subsidiarity principle has enabled them to adapt exceptions and limitations to their social and economic circumstances;
Amendment 76 #
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on the Commission to ensure that exceptions and limitations are properly implemented; calls on Member States, at the same time, to provide all possible information concerning best practices and the obstacles encountered in the implementation of those exceptions and limitations, in order to promote equal access to cultural diversity across borders within the internal market and to improve legal certainty;
Amendment 88 #
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 and the protection of intellectual property;
Amendment 91 #
Draft opinion
Paragraph 6
Paragraph 6
Amendment 97 #
Motion for a resolution
Recital D
Recital D
Amendment 110 #
Draft opinion
Paragraph 8
Paragraph 8
8. Suggests a review of the liability of service providers to guarantee the dissemination of culture across the EU and in accordance with the Charter of Fundamental Rights of the European Union and the European Convention on Human Rightsand intermediaries in order to clarify their legal status and liability with regards to copyrights to ensure a fair remuneration for creators and rightholders and to guarantee the dissemination of culture across the Union;
Amendment 139 #
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 users11 a wide range of stakeholders; __________________ 11 Commission, DG MARKT, Report on the responses to the Public Consultation on the Review of the EU Copyright Rules, July 2014, p. 5.
Amendment 149 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls that copyright and related rights protect and stimulate both the development and marketing of new products and services and the creation and exploitation of their creative content, thereby contributing to improved competitiveness, employment and innovation across several industry sectors in the EU;
Amendment 150 #
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Considers that lessons may be drawn for other types of content from the approach taken in the Collective Rights Management Directive, but that issues concerning portability and geoblocking may not be solved by one all- encompassing solution but may require several different interventions, both regulatory and market-led, in addition to enhanced enforcement of existing law including in competition, services and copyright;
Amendment 151 #
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses that copyright is only as effective as the enforcement measures in place to protect it and that in order to ensure a flourishing and innovative creative sector copyright enforcement must be robust;
Amendment 160 #
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 territori and that territorial fragmentation may require commercial operators aspiring to offer content related services across the EU to secure multiple licenses for the same content in different geographical arestrictionas;
Amendment 164 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2b. Believes that consumers should be able to access and buy online content from another Member State when it is not accessible from a provider in their own Member State; stresses that clear information should be provided to consumers when purchasing a digital content license regarding any geographical limitations of the use of that content;
Amendment 165 #
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Stresses that the creative output of the European Union is one of its richest resources, and those who want to enjoy it should be able to pay to do so, even when it is only sold in another Member State;
Amendment 182 #
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; calls for improvements to the contractual position of authors and performers in relation to other rightholders and intermediarieand appropriate remuneration for their efforts through others making use of their creative and artistic work, thereby facilitating and encouraging future creativity; recognises the role of producers and publishers in bringing works to the market, and the need for appropriate remuneration for rightholders; recognises the role of effective enforcement in supporting creators and rightholders;
Amendment 220 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that the introduction of a single European Ctargeted and appropyright Title on the basis of Article 118 TFEU that would apply directly and uniformly across the EU, in accordate measures, based on robust evidence and in compliance with the Commission’'s objective of bBetter rRegulation, as a legalcould be a means to remedy specific obstacles caused by the lack of harmonisation resulting from Directive 2001/29/EC;
Amendment 245 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recommends that the EU legislator further lowerreducing the barriers to 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 protectionncouraging the use of appropriate licensing;
Amendment 251 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls the adoption of Directive 2013/37/EU on 26 June 2013 on the re- use of public sector information, which provides a common legal framework for an EU market for government-held data (public sector information) and includes provisions on transparency and competition;
Amendment 254 #
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 269 #
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 295 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes thate importance of exceptions and limitations in the digital environment should be enjoyed without any unequal treatment as compared with those granted in the analogue worldbeing technologically neutral, where possible, and accessible for persons with disabilities; in this regard, notes the conclusion of the Marrakesh Treaty, which will facilitate access for the visual impaired for books, and encourages ratification in early course; believes that the Treaty is a good step forward, but that much work remains to be done in order to open up access to content for people with disabilities, in addition to those affected by visual impairment;
Amendment 310 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Views with concern the increasing impact of differences 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, in view of the development of cross-border activitieNotes the right of each Member State to tailor exceptions in accordance with their market and traditions and in line with the principles of subsidiarity and proportionality; However, Member States may consider that some exceptions may benefit from common approaches and any exceptions pursued should aim to stimulate economic growth, the development of the Digital Single Market and competitiveness;
Amendment 338 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to make mandatory all the exceptions and limitations referred to in Directive 2001/29/EC, to allow equal access to cultural diversity across borders within the internal market andenhance the provision of information to creators and consumers regarding exceptions and limitations in all Member States to improve legal certainty;
Amendment 369 #
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 382 #
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls for exceptions and limitations which have an appropriate level of flexibility and are technologically neutral;
Amendment 405 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. StressNotes that the ability to freely link content lawfully made available from one resource to another is one of the fundamental building blocks of the internet; highlights the importance of enhanced user information regarding obligations for anyone who knowingly provides hyperlinks to unauthorised content or links that circumvent paywalls; 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 public12 ; __________________ 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 418 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls onfor the EU legislator to ensure that theCommission to report on the implementation of the Directive with regard to progress on increasing awareness for consumers regarding exceptions and limitations, in particular with regard to differences across the EU, including use of photographs, video footage or other images of works which are permanently located in public places is permitted;
Amendment 445 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Stresses the need to enable automated analytical techniquefacilitate formats for text and data (e.g. ‘text and data mining’) for allresearch purposes, provided that permission to read the work has been acquiredwhile recognising the investment that this requires by rightholders; highlights that exceptions for text and data should not facilitate the publication or sharing of copies made under the exception;
Amendment 462 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for a broatargeted 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;
Amendment 476 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for the adoption of a mandatory exception allowing libraries to lend books to the public in digital formats, irrespective of the place of accesStresses the importance of taking into account the conclusions of the numerous experiments being undertaken by the book industry to establish fair, balanced and viable business models;
Amendment 520 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for the adoption of harmonised criteria for defining the harm caused to rightholders in respect of reproductions made by a natural person for private use, taking into account recital 35 of the Directive, which recognises that harm to rightholders in some circumstances is minimal and no payment is made, and for harmonised transparency measures as regards the private copying levies put in place in some Member States13 ; Draws attention to the the discretion of Member States to provide alternative modes of compensation to levies; __________________ 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 537 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses that the effective exercise of exceptions or limitations, and access to content that is not subject to copyright or related rights protection, should not be unduly hindered by technological measures;
Amendment 543 #
Motion for a resolution
Paragraph 24
Paragraph 24