Activities of Therese COMODINI CACHIA related to 2014/2256(INI)
Plenary speeches (1)
Harmonisation of certain aspects of copyright and related rights (debate) MT
Shadow reports (1)
REPORT 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 PDF (204 KB) DOC (149 KB)
Amendments (85)
Amendment 4 #
Motion for a resolution
Citation 1
Citation 1
– having regard to Articles 4, 26, 34, 114 and 11867 of the Treaty on the Functioning of the European Union (hereinafter ‘TFEU’),
Amendment 5 #
Draft opinion
Paragraph 1
Paragraph 1
Amendment 5 #
Motion for a resolution
Citation 1
Citation 1
– having regard to Articles 4, 26, 34, 114, 118 and 11867 of the Treaty on the Functioning of the European Union (TFEU),
Amendment 6 #
Draft opinion
Paragraph 1
Paragraph 1
Amendment 6 #
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
– having regard to TRIPS Agreement of 1994,
Amendment 7 #
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
– having regard to the UNESCO Convention of 20 October 2005 on the Protection and Promotion of the Diversity of Cultural Expressions,
Amendment 11 #
Motion for a resolution
Citation 2
Citation 2
– having regard to Articles 11, 13, 14, 16, 17, 22 and 52 of the Charter of Fundamental Rights of the European Union,
Amendment 12 #
Motion for a resolution
Citation 2
Citation 2
– having regard to Articles 11, 13, 14, 16, 17, 22 and 52 of the Charter of Fundamental Rights of the European Union,
Amendment 15 #
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Recalls that the European cultural markets are heterogeneous representing the European cultural and linguistic diversity, notes that this diversity should be considered as a benefit rather than an obstacle to the Single Market;
Amendment 15 #
Motion for a resolution
Citation 4
Citation 4
– having regard to the Berne Convention for the Protection of Literary and Artistic Works, in particular to the three-step test established therein,
Amendment 16 #
Draft opinion
Paragraph 1 g (new)
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;
Amendment 16 #
Motion for a resolution
Citation 4
Citation 4
– having regard to the Berne Convention for the Protection of Literary and Artistic Works, and expressly to the Three Steps Test,
Amendment 18 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. 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;
Amendment 18 #
Motion for a resolution
Citation 5 a (new)
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,
Amendment 20 #
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
– having regard to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS),
Amendment 25 #
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Emphasizes that any reform of the copyright framework should take as a basis a high level of protection, and develop an evidence-based approach taking into consideration the interest of small and medium-sized enterprises, 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 to the prejudice of consumers and rightholders;
Amendment 27 #
Motion for a resolution
Citation 9
Citation 9
Amendment 28 #
Motion for a resolution
Citation 9
Citation 9
Amendment 29 #
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Stresses that any reform on copyright needs to find the best balance between an efficient protection that provides for a proper remuneration for creators and the objective of the public interest for access to cultural goods and knowledge, and which enables users to access services but at the same time can generate sufficient benefits to promote Europe's cultural content and to generate more content;
Amendment 31 #
Draft opinion
Paragraph 1 g (new)
Paragraph 1 g (new)
1g. 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;
Amendment 32 #
Draft opinion
Paragraph 1 e (new)
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;
Amendment 33 #
Draft opinion
Paragraph 1 c (new)
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;
Amendment 34 #
Draft opinion
Paragraph 1 f (new)
Paragraph 1 f (new)
1f. 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;
Amendment 36 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. 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, competitiveness, growth and jobs;
Amendment 36 #
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
- having regard to the Commission Green Paper of 13 July 2011 on the online distribution of audiovisual works in the European Union: opportunities and challenges towards a digital single market (COM(2011 427 final),
Amendment 37 #
Motion for a resolution
Citation 17 a (new)
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)),
Amendment 39 #
Draft opinion
Paragraph 2
Paragraph 2
Amendment 40 #
Draft opinion
Paragraph 2
Paragraph 2
Amendment 40 #
Motion for a resolution
Citation 17 b (new)
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)),
Amendment 45 #
Draft opinion
Paragraph 3
Paragraph 3
3. 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 directiveemphasizes the importance to protect the internet from any abuse and illegal sites providing links to infringing content;
Amendment 53 #
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises the need to update the concept of ‘reproduction of works’at further analysis is necessary to identify measures not enable the current legal framework to the demand for online content by taking into account the possibilities offered by digital technologies in terms of communication to the publicwhile ensuring adequate protect to rightholders;
Amendment 55 #
Motion for a resolution
Recital A
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;
Amendment 56 #
Draft opinion
Paragraph 5
Paragraph 5
Amendment 60 #
Draft opinion
Paragraph 5
Paragraph 5
5. Urges for the establishment of mandatory limitations and exceptions to copyright, at leastStresses that different national circumstances indicate a need for flexible legal framework of optional exceptions and the Commission in examining whether certain exceptions and limitations to copyright need to be reviewed, is urged to ensure respect for the principle of subsidiarity and proceed instances where there is evidence of clear cross- border impact, 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;
Amendment 65 #
Motion for a resolution
Recital B
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;
Amendment 68 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Notes that the room for manoeuvre left to Member States in accordance with the subsidiarity principle has enabled them to adapt exceptions and limitations to their social and economic circumstances;
Amendment 70 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that when Member States provide for exceptions and limitations they should ensure that rightholders receive fair compensation and that the exceptions or limitations do not conflict with a normal exploitation of the work or subject-matter and do not unreasonably prejudice the legitimate interests of the rightholder;
Amendment 76 #
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Calls on the Commission to ensure that exceptions and limitations are properly implemented; calls on Member States, at the same time, to provide all possible information concerning best practices and the obstacles encountered in the implementation of those exceptions and limitations, in order to promote equal access to cultural diversity across borders within the internal market and to improve legal certainty;
Amendment 81 #
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Notes the need to carry out an in-depth study of exceptions for research and education purposes before contemplating any changes to the relevant Community rules;
Amendment 82 #
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Recognises the importance of libraries for accessing knowledge and encourages the efforts made by the stakeholders to find market-based, contractual and license-based voluntary solutions to allow libraries to make use of the digital environment while respecting the rightholders' interests; notes that the technology allows e-lending of digital content in a way that permit an effective control, calls the Commission to take this into account;
Amendment 85 #
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Acknowledges the importance of libraries for access to knowledge; encourages stakeholders to find appropriate solutions to enable libraries to fulfil their potential in the digital environment whilst respecting rightholders’ interests;
Amendment 87 #
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Recalls that the Marrakech Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities requires 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;
Amendment 93 #
Motion for a resolution
Recital C
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;
Amendment 95 #
Draft opinion
Paragraph 6
Paragraph 6
6. Highlights the fact that a general exception should be introduced to offer a broader interpretation of the current exceptions based on the analogue modelNotes that technological changes have led to renewed interest in exceptions and limitations, especially their role in the digital environment and considers that the rights enjoyed by the creators of work in the digital world should be identical to those enjoyed in the analogue world, subject to the exceptions and limitations set out. Stresses that further analysis is necessary of these exceptions and limitations designed in an analogue environment can serve the public in the digital age, 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 Union;
Amendment 98 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses the fact that exceptions and limitations should be applied whilst taking account of the specific individual features of digital and analogue environments and should neither conflict with the normal exploitation of the work nor unreasonably prejudice the legitimate interests of the author or rightholder; they are established for very specific reasons and should be strictly interpreted by the Member States;
Amendment 99 #
Motion for a resolution
Recital D
Recital D
Amendment 100 #
Motion for a resolution
Recital D
Recital D
Amendment 101 #
Draft opinion
Paragraph 7
Paragraph 7
Amendment 105 #
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes that further analysis is necessary on the viability of measures to the fair compensation of rightholders in respect of reproductions made by natural persons for private use, while seeks more transparency and better optimalisation for the existing measures as digital levies to safeguard rightholder and consumer rights;
Amendment 108 #
Draft opinion
Paragraph 8
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.;
Amendment 109 #
Draft opinion
Paragraph 8
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.;
Amendment 110 #
Motion for a resolution
Recital E
Recital E
Amendment 111 #
Motion for a resolution
Recital E
Recital E
Amendment 112 #
Draft opinion
Paragraph 8
Paragraph 8
8. Suggests a review of the liability and status of service providers to guarantee the legal dissemination of culture across the EU and in accordance with the Charter of Fundamental Rights of the European Unnd fair remuneration for creation andin the European Convention on Human RightsU;
Amendment 118 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. Whereas measures that contribute to the further development of cultural interchange and improve legal certainty in the sector need to be considered;
Amendment 124 #
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas the Directive 2011/77/EU of the European Parliament and of the Council of 27 September 2011 and the Directive 2006/116/EC of 12 December 2006 on the term of protection of copyright and certain related rights harmonised the terms of protection of copyright and neighbouring rights by establishing a complete harmonisation of the period of protection for each type of work and each related right in the Member States;
Amendment 146 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s initiative of conducting a consultation on copyright, which attracted great interest from civil society with more than 9 500 replies, 58.7 % of which came from end usersall those concerned11; __________________ 11 Commission, DG MARKT, Report on the responses to the Public Consultation on the Review of the EU Copyright Rules, July 2014, p. 5.
Amendment 147 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s initiative of conducting a consultation on copyright, which attracted great interest from civil society with more than 9 500 replies, 58.7 % of which came from end users11 all relevant stakeholders; __________________ 11 Commission, DG MARKT, Report on the responses to the Public Consultation on the Review of the EU Copyright Rules, July 2014, p. 5.
Amendment 154 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes with concern that the vast majority of end-user respondents report facing problems when trying to access online services across the Member States, particularly where technological protection measures are used to enforce territorial restrictioninterest the diversity of uses that technological development offers to consumers which may require further assessment to put forward measures for improving the flexibility of the current legal framework to respond to sustainable and actual demand on online content available across Member States;
Amendment 163 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasizes that any reform of the copyright framework needs to find the right balance between user access and fair remuneration for creators and other rightholders and should take as a basis a high level of protection, and develop an evidence-based approach taking into consideration the interest of small and medium-sized enterprises, 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 to the prejudice of consumers and rightholders;
Amendment 195 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Acknowledges the necessity for authors and performers to be provided with legal protection for their creative and artistic work; recognises the role of producers and publishers in bringing works to the market, and the need for appropriate remunerfair compensation for all categories of rightholders; calls for improvements to the contractual position of authors and performers in relation to other rightholders and intermediaries;
Amendment 213 #
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 214 #
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 242 #
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 243 #
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 256 #
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 271 #
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 297 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that technological changes have led to renewed interest in exceptions and limitations, especially their role in the digital environment should be enjoyed without any unequal treatment as compared withand considers that the rights enjoyed by the creators of work in the digital world should be identical to those enjoyed in the analogue world, subject to the exceptions and limitations set out. Recognises that further analysis of the exceptions and limitations is sought so as to consider how thoese granted in the analogue worldcan serve the public in the digital age;
Amendment 317 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Views with concern the increasing impact of differences among Member States in the implementation of exceptions, which creates legal uncertainty and has direct negative effects onNotes the importance of European cultural diversity, which provides opportunities rather than obstacles to the Single Market, and notes that the possible differences in the implementation of exceptions may be handled on a case-by- case basis and market driven solutions , to avoid legal uncertainty and to protect the functioning of the digital single market, in view of the development of cross-border activities;
Amendment 343 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to make mandatoryensure the proper implementation of all the exceptions and limitations referred to in Directive 2001/29/EC, to allowand to provide all necessary information to promote an equal access to cultural diversity across borders within the internal market and to improve legal certainty, while ensuring respect for the principle of subsidiarity, cultural diversity and evidence of clear cross-border impact;
Amendment 361 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes with interest the development of new forms of use of works on digital networks, in particular transformative uses, and stresses that these should be subject to the same level of copyright protection while keeping the best balance between an efficient protection that provides for a proper remuneration for creators and the objective of the public interest for access to cultural goods and knowledge;
Amendment 375 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. CRecalls for the adoption of an open norm introducing flexibility in the interpretation of exceptions and limitations in certain special cases that dothat the exceptions and limitations should not conflict with the normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author or rightholder, while keeping the interpretation of exceptions and limitations on the level of Member States to permit the adaptation of the copyright system to different national circumstances and social needs;
Amendment 379 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. CRecalls for the adoption of an open norm introducing flexibility in the interpretation of exceptions and limitations in certain special cases that dothat exceptions and limitations must not conflict with the normal exploitation of the work and do notor unreasonably prejudice the legitimate interests of the author or rightholder; they are created for quite specific reasons and must be strictly applied by Member States;
Amendment 392 #
Motion for a resolution
Paragraph 14
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 swhile serving the public interest by fostering incentives to create, finance and distribute new works and to make those works available to the public in new, innovative and compelling ways;
Amendment 394 #
Motion for a resolution
Paragraph 14
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;
Amendment 407 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. StressNotes that the ability to freely link from one resource to another is one of the fundamental building blocks of the internet; calls on the EU legislator to make it clear that reference to works by means of a hyperlink is not subject to exclusive rights, as it does not consist in a communication to a new public12 ; __________________ 12 Order of the Court of Justice of 21 October 2014 in Case C-348/13, BestWater International GmbH v Michael Mebes and Stefan Potsch (request for a preliminary ruling from Germany’s Bundesge and underlines that any further legislation must accurately reflect the existing definitions and principles set in the European case law stating that when the hyperlink allows the recipients to circumvent the restrictions on access to the protected work so that can access the protected work which was otherwise unavailable to them, then this constitutes a communication to a new public and it is subject to exclusive ricghtshof).. __________________ 12
Amendment 422 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls onInvites the EU legislator to ensurrecognise that the use of photographs, video footage or other images of works which are permanently located in public places is permitted; shall considered to be in the public domain, where that use is for a non-commercial purpose or scale.
Amendment 439 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Emphasises that the existing limitation on the exception for caricature, parody and pastiche should apply regardless of the purposemust be kept to strike a fair balance between the interests and rights of the creators and original characters and the freedom of expression of the user of a protected work who is relying ofn the parodic use; exception for parody, and to avoid uncontrolled abuse12 a ; __________________ 12 a Order of the Court of Justice of 3 September 2014 in Case C-201/13 (J. Deckmyn)
Amendment 443 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. StreInvites the Commission to assess the need to enable automated analytical techniques for text and data (e.g. ‘text and data mining’) for all purposeswhether data analysis activities could be covered by the exception for scientific research contained in Article 5.3.a) of the current Directive, which provides for an exception to the right of reproduction (Article 2) when the protected work is used, and whether it enables automated analytical techniques for text and data, provided that permission to read the work has been acquired;
Amendment 469 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for a broad exception for research and education purposes, which should cover not only educational establishments but any kind oflso educational or research activity, including non-formal educationies linked to an educational establishment or institution recognised by national authorities or legislation or within the purview of an educational programme;
Amendment 478 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for the adoption of a mandatory exception allowing libraries to lend books to the public in digital formats, irrespective of the place of accesRecognizes the importance of libraries for access to knowledge and encourages the rightholders to identify appropriate market-based solutions to enable libraries to realise their potential in the digital environment while respecting the interests of all stakeholders included consumers;
Amendment 495 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the EU legislator to preclude Member States from introducing statutory licences for thInvites the Commission to analyse the necessity of measures, if any, to be implemented by Member States so as to provide compensation tof rightholders for the harm caused by acts made permissible by an exception while they should ensure that rightholders receive fair compensation and that the exceptions or limitations do not conflict with a normal exploitation of the work or subject-matter and do not unreasonably prejudice the legitimate interests of the rightholder;
Amendment 517 #
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for Notes that further adoption of harmonised criteria for defining the harm caused tonalysis is necessary on the viability of measures to the fair compensation of rightholders in respect of reproductions made by a natural persons for private use, and for harmonised transparency measures as regards the private copying levies put in place in some Member States13 ; __________________ 13 As stated in António Vitorino’s recommendations of 31 January 2013 resulting from the latest mediation process conducted by the Commission in respect of private copying and reprography levies.in particular in regard to more transparency and better optimalisation for the existing measures as digital levies to safeguard rightholder and consumer rights;
Amendment 547 #
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 548 #
Motion for a resolution
Paragraph 24
Paragraph 24