Activities of Bogdan Brunon WENTA related to 2016/0280(COD)
Plenary speeches (1)
Copyright in the Digital Single Market (debate) PL
Amendments (30)
Amendment 95 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3 a) Despite the fact that more creative content is being consumed today than ever before , on services such as user- uploaded content platforms and content aggregation services, the creative sectors have not seen a comparable increase in revenues from this increase in consumption. This has generated a so- called 'value gap', where platform services retain the value of cultural and creative works, which is diverted from creators. The transfer of value has created an inefficient and unfair market, and threatens the long-term health of the EU's cultural and creative sectors and the success of the Digital Single Market. Thus, liability exemptions can only apply to genuinely neutral and passive online service providers, and not to services that play an active role in distributing, promoting and monetising content at the expense of creators.
Amendment 211 #
Proposal for a directive
Recital 30
Recital 30
(30) To facilitate the licensing of rights in audiovisual works to, relevant rights are consolidated with the producer by law or by contract. In order to promote cultural diversity and the availability of works on video-on-demand platforms, this Directive requires Member States to set up a negotifacilitation mechanism allowing relevant parties willing to conclude an agreement for the licensing of audiovisual works to video-on-demand platforms to rely on the assistance of an impartial body. The body should meet with the relevant parties and help withfacilitate the negotiations by providing professional and external advice. Against that background, Member States should decide on the conditions of the functioning of the negotifacilitation mechanism, including the timing and duration of the assistance to negotiations and the bearing of the costs. Member States should ensure that administrative and financial burdens remain proportionate to guarantee the efficiency of the negotifacilitation forum.
Amendment 302 #
Proposal for a directive
Recital 32
Recital 32
(32) The organisational and financial contribution of publishers in producing press publications needs to be recognised and further encouraged to ensure the sustainability of the publishing industry. It is therefore necessary to provide at Union level a harmonised legal protection for press publications in respect of digital uses. Such protection should be effectively guaranteed through the introduction, in Union law, of rights related to copyright for the reproduction and making available to the public of press publications in respect of digital uses.
Amendment 322 #
Proposal for a directive
Recital 42 a (new)
Recital 42 a (new)
(42a) Member States should guarantee the right for authors and performers to get a fair, proportional and unwaivable right to remuneration for the making available, and the relevant reproduction acts, of their work on on-demand services. Such a right to fair remuneration should be administered according to national practices or legal requirements, without prejudice to the existing mechanisms, such as voluntary collective management agreements or extended collective licences.
Amendment 337 #
Proposal for a directive
Recital 34
Recital 34
(34) The rights granted to the publishers of press publications under this Directive should have the same scope as the rights of reproduction and making available to the public provided for in Directive 2001/29/EC, insofar as digital uses are concerned. They should also be subject to the same provisions on exceptions and limitations as those applicable to the rights provided for in Directive 2001/29/EC including the exception on quotation for purposes such as criticism or review laid down in Article 5(3)(d) of that Directive.
Amendment 370 #
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37 a) Despite the fact that more creative content is being consumed today than ever before, on services such as user- uploaded content platforms and content aggregation services, yielding significant profits, the creative sectors have not seen a comparable increase in revenues from this increase in consumption. The value of cultural and creative works has been diverted away from the authors, artists, producers and others rights holders, generating an unsustainable "value gap". This transfer of value, due to the lack of clarity regarding the status of these online services under copyright and e-commerce law, undermines the efficiency of the online market, distorts competition and drives down the overall value of cultural content online. It also limits consumer choice for new and innovative legitimate services in the European Digital Single Market and puts at risk cultural and creative industries that create significant jobs and growth for EU economy, as underlined by the European Parliament resolution of 13 December 2016 on a "coherent EU policy for cultural and creative industries (2016/2072(INI))"
Amendment 372 #
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37 a) 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 or other protected subject-matter can take place. The difficulties faced by rightholders when seeking to license their rights to certain online services and to receive remuneration for the online distribution of their works or other subject matter risk 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 or other subject-matter and that rightholders are able to negotiate copyright licenses with user – uploaded content services that distribute their content.
Amendment 376 #
Proposal for a directive
Recital 37 b (new)
Recital 37 b (new)
(37 b) Digital platforms are means of providing wider access to cultural and creative works and offer great opportunities for cultural and creative industries to develop new business models; consideration is to be made of how this process can function with more legal certainty and fairness and respect for right holders; importance of transparency and of ensuring a level playing field is necessary; in this regard, protection of right holders within the copyright and intellectual property framework is necessary in order to ensure recognition of values and stimulation of innovation, creativity, investment, to guarantee the success of a Digital Single Market, offering all diverse and quality cultural and creative works.
Amendment 379 #
Proposal for a directive
Recital 37 c (new)
Recital 37 c (new)
(37 c) This is why liability exemptions can only apply to genuinely neutral and passive online service providers, and not to services that play an active role in distributing, promoting and monetising content at the expense of creators.
Amendment 393 #
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 significant amounts of copyright protected works or other subject-matter uploaded by their users, therebyfore going beyond the mere provision of physical facilities and performing an act of communication to the public as well as an act of reproduction, they are obliged to conclude licensing agreements with rightholderes that request such agreements, 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 412 #
Proposal for a directive
Recital 38 – paragraph 2
Recital 38 – paragraph 2
In respect of Article 14 of Directive 2000/31/EC, it is necessary to verify whether the service provider plays an active role, including by optimising the presentation of the uploaded works or subject-mattercontent provided by the service or promoting themsuch content, irrespective of the nature of the means used therefor.
Amendment 417 #
Proposal for a directive
Recital 38 – paragraph 3
Recital 38 – paragraph 3
In order to ensure the functioning of any licensing agreement, information society service providers storing and providing access to the public to largesignificant 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. 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, store and provide access to the public to significant amounts of copyright protected works or other subject-matter uploaded by their users.
Amendment 429 #
Proposal for a directive
Recital 38 – paragraph 3 a (new)
Recital 38 – paragraph 3 a (new)
For the implementation of such measures rightholders should provide the information society service providers with the necessary data to ensure the proper functioning of the measures they deployed. Rightholders should also provide due justification for the rights they claim.
Amendment 440 #
Proposal for a directive
Recital 39
Recital 39
(39) Collaboration between information society service providers storing and providing access to the public to largesignificant amounts of copyright protected works or other subject-matter uploaded by their users and rightholders is essential for the functioning of technologies, such as content recognition technologies. In such cases, rightholders should provide the necessary data to allow the services to identify their content and the services should be transparent towards rightholders with regard to the deployed technologies, to allow the assessment of their appropriateness. The services should in particular provide rightholders with information on the type of technologies used, the way they are operated and their success rate for the recognition of rightholders' content. Those technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement. Given the requirements under this Directive in terms of agreements and cooperation between information society service providers and rightholders, it is necessary to provide an intermediary procedure for parties to seek an amicable solution to any dispute regarding the relevant provisions thereof. Members States should support such a mechanism by designating an impartial body with relevant experience and competence to assist the parties in the resolution of their dispute.
Amendment 482 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that where relevant parties wishing to conclude an agreement for the purpose of making available audiovisual works on video-on- demand platforms face difficulties relating to the licensing of rights, they may rely on the assistancefacilitation of an impartial body with relevant experience. That body shall provide assistance with negotiation and help reachwith a view to the conclusion of mutually acceptable agreements.
Amendment 524 #
Proposal for a directive
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
(4a) 'significant amount' means fairly large in quantity or relevant in quality in the sense of importance of the uploaded copyright protected works for the creative sector or the users;
Amendment 584 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15a Unwaivable right to fair remuneration for authors and performers 1. Member States shall ensure that when authors and performers transfer or assign their right of making available to the public for on-demand services, they retain the right to obtain additional fair remuneration for the direct exploitation of their work on these services, unless such remuneration is already guaranteed under their contract with the party to which they transferred or assigned their right. 2. The right to obtain fair remuneration guaranteed under paragraph 1 cannot be waived.
Amendment 740 #
Proposal for a directive
Article 11 – title
Article 11 – title
Protection of press publications concerning digital uses
Amendment 755 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall provide publishers of press publications with the rights provided for in Article 2 and Article 3(2) of Directive 2001/29/EC for the digital use of their press publications.
Amendment 795 #
Proposal for a directive
Chapter 3 a (new)
Chapter 3 a (new)
Chapter 3 a Protection of sport event organizers Member States shall provide sport event organizers with the rights provided for in Article 2 and Article 3 (2) of Directive 2001/29/EC and Article 7 of Directive 2006/115/EC.
Amendment 803 #
Proposal for a directive
Article 13 – title
Article 13 – title
Use of protected content by information society service providers storing and giving access to large amounts ofsignificant amounts of copyright protected works and other subject-matter uploaded by their users
Amendment 815 #
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 largesignificant amounts of copyright-protected works or other subject-matter uploaded by their users shall, in cooperation enter into fair licensing agreements with any requesting rightholder of such works or other subject matter. Under the terms of such agreements concluded with the rightholders, such information society service providers shall take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject-matter or. Where information society service providers are eligible to the liability exemption provided for in Article 14 of Directive 2000/31/EC but store and provide access to the public to significant amounts of copyright-protected works or other subject matter, such information society service providers shall take measures 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 830 #
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1 a. Rightholders shall provide the information society service providers with the necessary data to ensure the proper functioning of the measures deployed by the providers in application of paragraph 1. 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 851 #
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. Any complaint filed under the mechanism referred to in paragraph 2 shall be dealt with by the relevant rightholder within a reasonable period of time and in an effective manner. The rightholder shall provide due justification for the rights it claims.
Amendment 854 #
Proposal for a directive
Article 13 – paragraph 2 b (new)
Article 13 – paragraph 2 b (new)
2 b. Member States shall provide that disputes between rightholders and information society service providers concerning the application of paragraph 1 of this Article may be submitted to an alternative dispute resolution mechanism. Member States shall create or designate an impartial body with relevant expertise to assist the parties in the resolution of their dispute under the mechanism provided for in the first subparagraph of this paragraph. No later than [date mentioned in Article 21(1)] Member States shall notify to the Commission the body referred to in second subparagraph of this paragraph.
Amendment 858 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall facilitate, where appropriate, the cooperation between the information society service providers and rightholders through stakeholder dialogues to define best practices, such as appropriate and proportionate content recognition technologies, taking into account, among others, the nature of the services, the availability of the technologies and their effectiveness in light of technological developments. In cooperation with the Member States, the Commission shall encourage the exchange of best practices regarding the results of any cooperation established pursuant to paragraph 1 of this Article.
Amendment 866 #
Proposal for a directive
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3 a. Member States shall implement proportionate and dissuasive remedies for non - compliance with the obligations set out in paragraph 1.
Amendment 888 #
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, accurate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights, notably as regards modes of exploitation, modes of promotion, revenues generated and remuneration due.
Amendment 944 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall ensure that authors and performers or their representative organisations are entitled to request additional, appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low compared to the subsequent relevant revenues and benefits derived from the exploitation of the works or performances.
Amendment 952 #
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
Member States shall provide authors with a reversion right to enable them to terminate a contract when the other party fails to meet its obligation to exploit, to promote copyright-protected works or to pay the remuneration foreseen as well as when it does not meet its regular reporting duties as foreseen in Article 14(1).