BETA

Activities of Bogdan Brunon WENTA related to 2014/2256(INI)

Plenary speeches (1)

Harmonisation of certain aspects of copyright and related rights (debate) PL
2016/11/22
Dossiers: 2014/2256(INI)

Amendments (40)

Amendment 5 #
Draft opinion
Paragraph 1
1. Highlights the need for a common definition of ‘public domain’ so as to ensure the widespread dissemination of cultural content across the EU;deleted
2015/03/06
Committee: CULT
Amendment 5 #
Motion for a resolution
Citation 1
– having regard to Articles 4, 26, 34, 114, 118 and 11867 of the Treaty on the Functioning of the European Union (TFEU),
2015/03/05
Committee: JURI
Amendment 6 #
Motion for a resolution
Citation 1 a (new)
– having regard to TRIPS Agreement of 1994,
2015/03/05
Committee: JURI
Amendment 12 #
Motion for a resolution
Citation 2
– having regard to Articles 11, 13, 14, 16, 17, 22 and 52 of the Charter of Fundamental Rights of the European Union,
2015/03/05
Committee: JURI
Amendment 13 #
Draft opinion
Paragraph 1 a (new)
1a. Recalls that the European cultural markets are naturally heterogeneous because of the European cultural and linguistic diversity, notes that this diversity should be considered as a benefit rather than an obstacle to the Single Market;
2015/03/06
Committee: CULT
Amendment 16 #
Draft opinion
Paragraph 1 g (new)
1g. Stresses that the copyright framework and its effective enforcement, that attain and safeguard a fair remuneration for artists, creators and rightholders play a vital role in encouraging creativity, fostering cultural diversity and ensuring the creation of new creative and cultural content across the Union;
2015/03/06
Committee: CULT
Amendment 18 #
Motion for a resolution
Citation 5 a (new)
– having regard to the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions of the 20th October 2005,
2015/03/05
Committee: JURI
Amendment 23 #
Draft opinion
Paragraph 1 b (new)
1b. Recalls that there is nothing within the current legal framework to prohibit the use of multi-territorial and pan- European licences, calls for an easier access to those optional licences; emphasizes that multi-territorial and pan- European licenses should ensure the fair remuneration of artists, creators and right-holders;
2015/03/06
Committee: CULT
Amendment 27 #
Draft opinion
Paragraph 1 h (new)
1h. Emphasizes that any reform of the copyright framework should take as a basis a high level of protection, since rights are crucial to intellectual creation and provide a stable, clear and flexible legal base that fosters investment and growth in the creative and cultural sector, whilst removing legal uncertainties and inconsistencies that adversely affect the functioning of the internal market;
2015/03/06
Committee: CULT
Amendment 27 #
Motion for a resolution
Citation 9
– having regard to Directive 2013/37/EU of the European Parliament and of the Council of 26 June 2013 amending Directive 2003/98/EC on the re-use of public sector information3, __________________ 3 OJ L 175, 27.6.2013, p. 1.deleted
2015/03/05
Committee: JURI
Amendment 30 #
Draft opinion
Paragraph 1 d (new)
1d. Recalls that the Union, as well as the Member States, are parties to international treaties on copyright that involve a certain number of obligations and guarantees that should be respected;
2015/03/06
Committee: CULT
Amendment 32 #
Draft opinion
Paragraph 1 e (new)
1e. Acknowledges the high interest of all stakeholders, including consumers, rightholders and other stakeholders in the copyright reform, as indicated by the responses to the public consultation conducted by the Commission;
2015/03/06
Committee: CULT
Amendment 33 #
Draft opinion
Paragraph 1 c (new)
1c. Supports the initiatives aimed at enhancing the portability, within the Union, of online services of legally acquired and legally made available content, whilst fully respecting copyrights and the interests of right-holders;
2015/03/06
Committee: CULT
Amendment 37 #
Draft opinion
Paragraph 1 f (new)
1f. Notes that several studies have demonstrated that the cultural and creative sectors, often copyright intensive, already account for up to 4.5% of GDP and up to 8.5 million jobs in the Union and are not only essential for cultural diversity but also significantly contribute to social and economic development;
2015/03/06
Committee: CULT
Amendment 37 #
Motion for a resolution
Citation 17 a (new)
- having regard to the Green Paper of the Commission on the online distribution of audiovisual works in the European Union: opportunities and challenges towards a digital single market (COM(2011)427)),
2015/03/05
Committee: JURI
Amendment 39 #
Draft opinion
Paragraph 2
2. Stresses the need to address the problematic boundaries that exist between the reproduction right and the right of communication to the public of works, and to clarify the concept of ‘communication to the public’ in light of the recent case law of the Court of Justice of the European Union;deleted
2015/03/06
Committee: CULT
Amendment 40 #
Motion for a resolution
Citation 17 b (new)
- having regard to its resolution of 11 September 2012 on the online distribution of audiovisual works in the European Union (2011/2313(INI)),
2015/03/05
Committee: JURI
Amendment 43 #
Draft opinion
Paragraph 3
3. Stresses that the ability to link one resource to another is one of the fundamental building blocks of the Internet, but stresses that under certain circumstances, embedding and linking should notcan be considered as acts of communication to thea new public and thus should not be subject to Article 3 of the directiveerefore can constitute an infringement to copyrights;
2015/03/06
Committee: CULT
Amendment 51 #
Draft opinion
Paragraph 4
4. Emphasises the need to update the concept of ‘reproduction of works’ by taking into account the possibilities offered by digital technologies in terms of communication to the public;deleted
2015/03/06
Committee: CULT
Amendment 55 #
Motion for a resolution
Recital A
A. whereas the European legal framework for copyright and related rights is central to the promotion of creativity and innovation, cultural diversity, economic growth and to access to knowledge and information;
2015/03/05
Committee: JURI
Amendment 65 #
Motion for a resolution
Recital B
B. whereas Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society was aimed at adapting legislation on copyright and related rights to reflect technological developments, while providing for a high level of protection of intellectual property to foster investment in creativity and innovation and creative developments, and to safeguard employment and encourage job creation;
2015/03/05
Committee: JURI
Amendment 75 #
Draft opinion
Paragraph 5 b (new)
5b. Acknowledge that Text and data Mining is an emerging and promising practice, in particular for the research field, recalls that innovative licensing solutions are established, but that any preferential treatment should only be applied for non-commercial use;
2015/03/06
Committee: CULT
Amendment 77 #
Draft opinion
Paragraph 5 f (new)
5f. Where exceptions and limitations are provided for, stresses the need for them to be targeted and narrow whilst reflecting modern digital use, and for clarity to the user with regards to the scope and limits of these exceptions and limitations in order to avoid consumer confusion and ensure legal certainty;
2015/03/06
Committee: CULT
Amendment 83 #
Draft opinion
Paragraph 5 c (new)
5c. Recognises the importance of libraries for accessing knowledge and encourages the efforts made by the stakeholders to find voluntary solutions to allow libraries to make use of the digital environment while respecting the rightholders' interests; notes that the technology allow e-lending of e-books in a way that permit an effective control, making it similar to the lending of physical copies, calls the Commission to take this into account;
2015/03/06
Committee: CULT
Amendment 88 #
Draft opinion
Paragraph 5 d (new)
5d. Recalls that the Marrakech Treaty will require the Union to have a mandatory exception to copyrights for the non- commercial uses to the benefit of persons with a disability, which are directly related to the disability, to the extent required by the specific disability;
2015/03/06
Committee: CULT
Amendment 93 #
Draft opinion
Paragraph 6
6. Highlights the fact that a general flexible exception should be introduced to offer a broader interpretation of the current exceptions based on the analogue model, while taking into account the freedom of expression and information, freedom of the arts and sciences and cultural, religious and linguistic diversity, as referred to in the Charter of Fundamental Rights of the European Unionis not adapted to the European legal system and would undermine the legal certainty necessary for both the consumers and the creative and cultural sectors;
2015/03/06
Committee: CULT
Amendment 93 #
Motion for a resolution
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 property and the protection of intellectual property;
2015/03/05
Committee: JURI
Amendment 99 #
Draft opinion
Paragraph 6 a (new)
6a. Encourages the Commission to safeguard the fair balance between all key actors in the creative process and supply chain in the copyright framework whilst fully respecting the Charter of Fundamental Rights of the European Union;
2015/03/06
Committee: CULT
Amendment 103 #
Draft opinion
Paragraph 7
7. Stresses that digital levies should be moadernised in light of the development of digital technologies more transparent and optimised to safeguard rightholder and consumer rights and by taking into account Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market;
2015/03/06
Committee: CULT
Amendment 109 #
Draft opinion
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 Rights.and intermediaries in order to clarify their legal status and liability with regards to copyrights, to guarantee that due diligence is exercised throughout the creative process and supply chain, and to ensure a fair remuneration for creators and rightholders within the Union.;
2015/03/06
Committee: CULT
Amendment 111 #
Motion for a resolution
Recital E
E. whereas decisions on technical standards can have a significant impact on human rights – including the right to freedom of expression, protection of personal data and user security – as well as on access to content10 ; __________________ 10Opinion of the European Economic and Social Committee of 16 December 2014 on the ‘Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Internet policy and governance – Europe’s role in shaping the future of internet governance’.deleted
2015/03/05
Committee: JURI
Amendment 116 #
Draft opinion
Paragraph 8 a (new)
8a. Recognizes that commercial copyright infringing activities pose a serious threat to the functioning of the digital single market and to the development of the legal offer of diversified cultural and creative content online;
2015/03/06
Committee: CULT
Amendment 119 #
Draft opinion
Paragraph 8 b (new)
8b. Points out that the rapid rate of technological development in the digital market calls for a technologically neutral legislative framework for copyrights;
2015/03/06
Committee: CULT
Amendment 121 #
Draft opinion
Paragraph 8 c (new)
8c. Takes note of the importance of territorial licenses in the Union, particularly with regards to audiovisual and film production which is primarily based on broadcasters pre-purchase or pre-financing systems;
2015/03/06
Committee: CULT
Amendment 214 #
Motion for a resolution
Paragraph 4
4. Considers the introduction of 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;deleted
2015/03/05
Committee: JURI
Amendment 336 #
Motion for a resolution
Paragraph 11
11. Calls on the Commission to make mandatory allunderlines that the exceptions and limitations referred to in Directive 2001/29/EC, should be implemented in a way to allow equal access to cultural diversity across borders within the internal market and to improve legal certainty;
2015/03/05
Committee: JURI
Amendment 367 #
Motion for a resolution
Paragraph 13
13. Calls for the adoption of an open norm introducing flexibility 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;deleted
2015/03/05
Committee: JURI
Amendment 384 #
Motion for a resolution
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;
2015/03/05
Committee: JURI
Amendment 471 #
Motion for a resolution
Paragraph 19 a (new)
19a. stresses that any new exceptions or limitations introduced to the EU copyright legal system needs to be duly justified by a sound and objective economic and legal analysis
2015/03/05
Committee: JURI
Amendment 491 #
Motion for a resolution
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;deleted
2015/03/05
Committee: JURI