Activities of Michel REIMON related to 2014/2256(INI)
Shadow opinions (1)
OPINION on the implementation of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society
Amendments (33)
Amendment 2 #
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Highlights that adequate protection of copyright works and subject matter of related rights is also of great importance from a cultural standpoint. Article 167 of the Treaty on the Functioning of the European Union requires the Union to take cultural aspects into account in its action;
Amendment 3 #
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Urges to improve the contractual position of authors and performers in their relation to other rightholders and intermediaries;
Amendment 4 #
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Reminds that any harmonisation of copyright and related rights must take as a basis a high level of protection;
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 23 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines the need for a modernised copyright that will provide innovative individuals and SMEs the flexibility to contribute to a European single digital market;
Amendment 30 #
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on the Commission to propose a copyright reform built around the indispensable moral rights of authors and creators;
Amendment 36 #
Draft opinion
Paragraph 3
Paragraph 3
3. Acknowledges the need to review Directive 2001/29/EC in order to ensure appropriate remuneration for copyright holders and appropriate protection of these rights in a changing and constantly evolving technological environment, which brings both opportunities and challenges; In this regards, emphasizes the need to ensure a fair balance between the different categories of rightholders, as well as between the different categories of rightholders and users of protected subject-matters;
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 62 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Acknowledges that Internet users are increasingly becoming content creators and vectors in opening the knowledge to the general public, thus requiring more legal flexibility when generating new content, remixing or sharing copyright protected content online;
Amendment 64 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Reminds that a fair balance of rights and interests between the different categories of rightholders, as well as between the different categories of rightholders and users of protected subject-matter must be safeguarded; the existing exceptions and limitations to the rights as set out by the Member States have to be reassessed in the light of the new electronic environment; existing differences in the exceptions and limitations to certain restricted acts have direct negative effects on the functioning of the internal market of copyright and related rights; such differences could well become more pronounced in view of the further development of transborder exploitation of works and cross-border activities; in order to ensure the proper functioning of the internal market, such exceptions and limitations should be defined and implemented more harmoniously; the degree of their harmonisation should be based on their impact on the smooth functioning of the internal market and improving of cultural production, while ensuring fair compensation of authors; ;Or. en
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 69 #
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the multi-territorial licensing of rights under Directive 2014/26/EU as an example and a way of overcoming the fragmented internal market; encourages the development of balanced and flexible solutions that help overcome the existing barriers to cross-border access and availability of products and services; Also insists that exceptions and limitations to copyright are a key aspect of the copyright system and an important avenue to overcome such barriers;
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 73 #
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Urges the Commission and Member states to provide for an updated exception that allows Libraries, Archives and Museums to make protected works in their collections that are not in commercial circulations anymore or otherwise actively managed by their rightsholders available for online access by the public;
Amendment 76 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls that Member States have a positive obligation to provide for a robust and flexible system of copyright exceptions and limitations in order to honour their human rights obligations;
Amendment 77 #
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. 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 of the directive 2001/29/CE, 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 79 #
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Calls for a mandatory exception for research and education purposes, which should cover any kind of educational and research activities, including distance education; This should cover not only educational establishments and institutions but also non-governmental organisations recognised by national authorities or legislation or within the purview of an educational or research programme, as well as digital education;
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 80 #
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Calls for the adoption of a mandatory exception allowing public and research libraries to lend books to the public in digital formats for personal use, irrespective of the place of access;
Amendment 81 #
Draft opinion
Paragraph 5 e (new)
Paragraph 5 e (new)
5e. 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, as a mandatory exception;
Amendment 82 #
Draft opinion
Paragraph 5 f (new)
Paragraph 5 f (new)
5f. Considers that the practice to restrict access to online content based on the location of the users, that had previously paid for the service to access that content, is harmful to the functioning of the networks and hinders the development of the single digital market;
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 90 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. 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 92 #
Draft opinion
Paragraph 6
Paragraph 6
Amendment 95 #
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Stresses that private entities, e.g. Internet Service Providers and platform owners, should not be obliged to participate in extra-judiciary copyright enforcing;
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;
Amendment 113 #
Draft opinion
Paragraph 8
Paragraph 8
8. Urges the Commission to take into account the rapidly growing user-created content on the internet when reviewing copyright rules; any new proposal should aim to find a fair balance between protecting IPR and fostering a dynamic and creative internet. For instance, the Commission should propose a legal definition of 'public domain' works that are by definition not subject to copyright protection giving to authors the freedom to dedicate their works to the public domain, and making sure that these works to be protected against private appropriation, either through digitisation or through other means;
Amendment 113 #
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls for the introduction of Community provisions in the area of contract law applicable to copyright, particularly safeguarding authors' rights to bring their works to the market in case a rightholder has refrained from making use of an exclusive right to the work in question for an extended period of time;
Amendment 123 #
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Deplores the introduction of statutory licenses in some MS aimed at news aggregators for acts already made permissible by an exception and calls on the EU legislator to preclude Member States from unilaterally introducing such schemes, which have caused significant damage to the digital economy;