Activities of Angel DZHAMBAZKI related to 2015/2147(INI)
Legal basis opinions (0)
Amendments (28)
Amendment 15 #
Draft opinion
Paragraph 1
Paragraph 1
1. Urges the Commission to overhaul Directive 2010/13/EU1 without delay, doing away with the distinction between linear and non-linear services, encouragaligning linear and non-linear services, by levelling-up for the benefit of consumer protection, continuing theo use ofthe distinction of whether or not content is editorially screened content to whichand protecting the country-of- origin principle applies and fleshing out the general social objectives of audiovisual regulationof audiovisual regulation; takes the view that any modification of the audiovisual media services directive should take into account new ways of accessing audiovisual content and should be consistent with the current reform of legislation relating to copyright; __________________ 1 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).
Amendment 20 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
(1a) Underlines the importance of the creative sector to the economy and its contribution to growth and employment; recalls that the copyright intensive activities account for a significant part in the economy;
Amendment 29 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Underlines the importance of the creative sector to the economy and its contribution to growth and employment; recalls that copyright intensive activities account for a significant part of the creative sector's economy;
Amendment 36 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Points out that the creative sector has specificities and different challenges, notably arising from the different types of content, creative works and business models used; therefore calls on the Commission to better identify these specificities and take them into account when proposing modifications and solutions;
Amendment 41 #
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Strongly believes that creators should be granted appropriate remuneration and that copyright should keep its primary function of allowing creators to gain rewards for their efforts through others making use of their work, thus encouraging future creativity;
Amendment 57 #
Draft opinion
Paragraph 2
Paragraph 2
2. Believes that platforms and intermediaries should be regulated in such a way as to rule outeduce discrimination to a large extent and guarantee the findability of legal, editorially screened content; and services; believes that consideration should be given to how internet service providers and online intermediaries, along with other actors in the supply chain, such as payment providers, could play a greater role in facilitating action against illegal content and tackling copyright abuses on a commercial scale;
Amendment 57 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
(2a) Underlines that any modification of the current legal framework on copyright should be considered in a targeted way and with a focus on economic growth, competitiveness and enhanced consumer experience;
Amendment 58 #
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
(2b) Points out that the creative sector has specificities and different challenges, notably arising from the different types of content and creative works and from the business models used; therefore calls on the Commission to better identify these specificities and take them into account when proposing modifications and solutions;
Amendment 59 #
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
(2c) Calls on the Commission to make sure that any reform of the copyright directive is evidence based and carefully assessed; considers that it should take into account the results of the ex-post impact assessment of the Directive of 2001, and be based on solid evidence including an assessment of the possible impact of the modifying elements; takes the view that a proper economic analysis including the impact with regards to jobs and growth must be carried out;
Amendment 60 #
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
(2d) Takes the view that any modification of the audiovisual media services directive should take into account new ways of access to audiovisual content and should be consistent with the current reform of legislation relating to copyright;
Amendment 61 #
Draft opinion
Paragraph 2 e (new)
Paragraph 2 e (new)
(2e) Underlines the importance of ensuring accessibility of the Digital Single Market for people with disabilities; in this regard, notes the conclusion of the Marrakesh Treaty, which will facilitate access for the visually impaired to books, and encourages swift ratification thereof;
Amendment 62 #
Draft opinion
Paragraph 2 f (new)
Paragraph 2 f (new)
(2f) Maintains that the approach of copyright exceptions and limitations should be balanced, targeted and format neutral and should not undermine the interests of right holders;
Amendment 64 #
Draft opinion
Paragraph 2 g (new)
Paragraph 2 g (new)
(2g) Emphasises that any European-wide exception for text and data mining should be limited to accredited academic and public-funded research and should not undermine revenue streams or be extended to commercially owned data;
Amendment 65 #
Draft opinion
Paragraph 2 h (new)
Paragraph 2 h (new)
(2h) Points out that the rapid rate of technological development in the digital market calls for a technologically neutral framework for copyright;
Amendment 66 #
Draft opinion
Paragraph 2 i (new)
Paragraph 2 i (new)
(2i) Notes the importance of transparency of copyright levies in those Member States which choose to apply them;
Amendment 87 #
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that further efforts are needed to overhaul copyright law and that any revised provisions should apply to all mediareform copyright law and that any revised provisions should apply to all media; points out that the rapid rate of technological development in the digital market calls for a technologically neutral framework for copyright; underlines that any modification of the current legal framework on copyright should be considered in a targeted way and with a focus on economic growth, competitiveness and enhanced consumer experience; calls on the Commission to make sure that any reform of the copyright directive is evidence based and carefully assessed; considers that it should take into account the results of the ex-post impact assessment of the Directive of 2001, and be based on solid evidence, including an assessment of the possible impact of the modifying elements; takes the view that a proper economic analysis, including the impact on jobs and growth, must be carried out, in line with the Commission's objective of better regulation;
Amendment 87 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
(2a) Strongly believes that creators should be granted appropriate remuneration and that copyright should keep its primary function of allowing creators to gain rewards for their efforts through others making use of their work, and therefore to encourage future creativity;
Amendment 99 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines the importance of ensuring accessibility of the Digital Single Market for people with disabilities; in this regard, notes the conclusion of the Marrakesh Treaty, which will facilitate access for the visually impaired to books, and encourages swift ratification thereof;
Amendment 104 #
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that internet service providers should bear greater responsibility for illegal content made available on the internet and shouldconsideration should be given as to how internet service providers and online intermediaries, along with other actors in the supply chain, such as payment providers, could play a significant role ingreater role in facilitating action against illegal content and tackling copyright abuses on a commercial scale;
Amendment 113 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
(3a) Stresses that the growth of online platforms has been driven by consumer demand; notes, however, the importance of taking action against piracy;
Amendment 114 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
(3b) Recognises the clarity that intermediary liability has enabled in terms of the growth of online platforms and warns that the creation of new legal uncertainty in this area could have a negative impact on economic growth;
Amendment 122 #
Draft opinion
Paragraph 4
Paragraph 4
4. Believes that the legal thinking behind Directive 93/83/EEC2 provides a suitable point of departure for measures to improve cross-border access to contentkey principle of portability of goods and services in the single market should be promoted and that consumers should be able to access a wide range of lawfully available content on fair and reasonable terms across the EU, recognising that portability of goods and services is fundamental to the Single Market that should be reflected in the digital single market.phere; __________________ 2 Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable transmission (OJ L 248, 6.10.1993, p. 15).
Amendment 145 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes that copyright law is essential to enabling Europe's creative and cultural industries to compete on a global scale and that the economic benefit of copyright is only as effective as the means to enforce it; stresses that an effective and balanced civil enforcement system against infringement of copyright is therefore central to investment in innovation and job creation;
Amendment 155 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Recommends a continued focus on improving how children are protected online, through transparent self- regulatory measures in accordance with existing national and EU legislation where appropriate, such as flexible parental controls based on the informed consent of parents, and by collaboration between stakeholders including regulatory authorities, industry, charities and other appropriate entities, including through the implementation of proportionate "notice and takedown" policies in accordance with Directive 2011/92/EU on combating the sexual abuse and sexual exploitation of children and child pornography;
Amendment 165 #
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the Commission’s aim to withdraw the proposal on a Common European Sales Law and the intention to propose rules for digital content; notes the proposal to introduce the ‘home’ option’ in order to br with targeted harmonisation as mechanism for bringing down barriers to cross- border trade; but insists on the need for comprehensivethorough evidence and consultation with stakeholders before this approach is pursued, in particular as regardson the impact it would have on the current protection provided to consumers under national law, especially in terms of remedies for failure to comply with the terms of contracts for online sales.with regard to remedies for non-conformity with the contract for online sales; believes that rules on Consumer Rights for Digital Content need to be principles based in order to be technologically neutral and future proof, focused on remedies to concrete problems which have been clearly identified, limited to paid for content only, realistic regarding quality expectations, and fully recognise the differences between digital content and traditionally acquired content; stresses furthermore with regard to future Commission proposals in this area, the importance of avoiding inconsistently and overlap with existing legislation;
Amendment 172 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
(5a) Stresses the need to improve the processes for businesses to establish and operate online across all Member States which should be streamlined and digitalised and calls on the Commission to consider this further in its forthcoming Internal Market strategy;
Amendment 173 #
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
(5b) Calls for support for small businesses and for the single market to be fit for purpose in a digital age; In this regard, stresses concern about Vatmoss rules, which are hampering small online entrepreneurs by obliging them to collect and process VAT payments, even if they conduct a small volume overseas trade; welcomes in this regard recent suggestions from the Commission on the introduction of minimum thresholds but believes that an interim solution is also urgently required;
Amendment 186 #
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
(5c) Considers that the amended proposal by the Commission should also clarify how the existing rules apply in a digital environment when selling online cross- border, including the application of the Services Directive to address unfair online price discrimination based on nationality or location;