12 Amendments of Ernest MARAGALL related to 2014/2256(INI)
Amendment 8 #
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights the need for a common definition of ‘public domain’ works, which are by definition not subject to copyright protection, so as to ensure the widespread dissemination of cultural content across the EU; Union; therefore urges the Commission to clarify that the digitisation of a work that is in the public domain will stay in the public domain; also calls on the Commission to recognise the freedom of authors to dedicate their works to the public domain;
Amendment 11 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that the rules laid down by the Term Directive have been implemented in different ways by Member States leading to divergences in termination of copyright protection and when works fall into the public domain in different Member States; therefore calls on the Commission to harmonise the term of protection of copyright and the way it is calculated across the Union to ensure it does not exceed the current international standards set out in the Berne Convention;
Amendment 20 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Recommends that the EU legislator should, while protecting personal information, further lower the barriers for re-use of public sector information by exempting official works, which are produced by government employees as part of their official duty within the political, legal and administrative process, from copyright protection;
Amendment 47 #
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that embedding and linking shouldo not be consideredst in acts of communication to the public and thus should not be subject to Article 3 of the directive;
Amendment 58 #
Draft opinion
Paragraph 5
Paragraph 5
5. UNotes that the ability to benefit from exceptions and limitations should be enjoyed in the digital environment without any unequal treatment compared to those granted in the analogue world; urges for the establishment of mandatory limitations and exceptions to copyright, at least with regard to the most important exceptions, such as those in the field of education, research and libraries, to allow for the more widespread dissemination of cultural content across the EUnion; stresses that the exception for research and education purposes should not only cover educational establishments but any kind of educational and research activities, including distant education; Emphasizes that the exception allowing public and research libraries to lend books to the public in digital formats for personal use, while not conflicting with the normal exploitation of the work should be irrespective of the place of access;
Amendment 66 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Urges the European legislator to ensure technological neutrality and future-compatibility of exceptions and limitations by taking due account of the effects of media convergence; therefore calls on the EU legislator to expressly include audio-visual quotations in the existing quotation exception in order to enable the use of quotations in new media formats; these quotations should be adequate in terms of length in relation to the type of source material;
Amendment 72 #
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on the European legislator to ensure that the use of photographs, video footage or other images of works which are permanently located in public places are permitted;
Amendment 79 #
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Emphasizes that the exception for caricature, parody and pastiche should apply regardless of the purpose of the parodic use;
Amendment 86 #
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Stresses the need to enable automated analytical techniques for text and data ('text and data mining'), for all purposes, provided that the permission to read the work has been acquired;
Amendment 92 #
Draft opinion
Paragraph 6
Paragraph 6
Amendment 97 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls for a flexible interpretation of exceptions and limitations to exclusive rights, allowing to apply exceptions and limitations to uses that are similar to the ones in the original legal provisions, thereby ensuring that exceptions and limitations can be adapted to new forms of usage emerging due to technological change; such flexibility would be subject to the three-step-test, which grants limitations and exceptions 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;
Amendment 104 #
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses that digital levies should be modernised in light of the development of digital technologies 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; in particular calls for the adoption of harmonised criteria for the interpretation of the harm caused to rightholders in respect of reproductions made by a natural person for private use, and for harmonised transparency measures as regards the private copying levies put in place in some Member States;