14 Amendments of Stefano MAULLU related to 2016/0280(COD)
Amendment 88 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4 a) For the purpose of the application of Union law in the field of copyright, in particular of this directive, and in order to guarantee a strong level of protection for rightholders, it should be recalled that an act of communication to the public and/or of making available occurs whenever an access is given to a protected work or any other subject-matter to people outside the normal circle or who do not belong to the closest social acquaintances of the family of the person providing such an access, irrespective of whether these people are at the same place or in different ones, or whether they perceive the protected works or other subject-matters at the same time or in different ones.
Amendment 394 #
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 copyright protected works or other subject-matter uploaded by their users, thereby going beyond the mere provision of physical facilities and performing an act of communication to the public, they are obliged to conclude licensing agreements with rightholders, unless they are eligible for the liability exemption provided in Artare, irrespective of the nature of the means used to that end, involved in the making available to the public of third-party works uploaded by their users, and where such activity is not of a mere technical, automatic and passive nature, they are obliged to conclude licensing agreements with rightholders. This is nevertheless without prejudicle 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)to the use of works made within an exception or limitation to copyright and the use of original user-created content.
Amendment 408 #
Proposal for a directive
Recital 38 – paragraph 2
Recital 38 – paragraph 2
In respect of Article 14order to apply the liability regime referred to in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council, it is necessary to verify whether the service provider plays an active role, including by optimising the presentation of the uploaded works or subject-matter or promo, promoting or economically exploiting them, irrespective of the nature of the means used therefor, including automated processes. The service provider cannot invoke not playing an active role for single works or other subject-matter where the service provider plays an active role with regard to the general functioning of the service.
Amendment 427 #
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 large amounts of copyright protected works or other subject-matterwhich, irrespective of the nature of the means used to that end, are involved in the making available to the public of third-party works uploaded by their users, should take appropriate and proportionate measures to ensure protection of works or other subject-matter, such asthose works, for instance by implementing effective technologies. This obligation should also apply when the information society service providers are eligible for the liability exemptionregime provided in Article 14 of Directive 2000/31/EC.
Amendment 475 #
Proposal for a directive
Recital 42
Recital 42
(42) Certain contracts for the exploitation of rights harmonised at Union level are of long duration, offering few possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title. Therefore, without prejudice to the law applicable to contracts in Member States, there should be a remuneration adjustment mechanism should be introduced for cases where the remuneration originally agreed under a licence or a transfer of rights is clearly disproportionately low compared to the unanticipated relevant net revenues and the benefits derived from the exploitation of the work or the fixation of the performance, including in light of the transparency ensured by this Directive. The assessment of the situation should take account of the specific circumstances of each case as well as of the specificities and practices of the different content sectors. Where the parties do not agree on the adjustment of the remuneration, the author or performer should be entitled to bring a claim before a court or other competent authority. Such remuneration adjustment mechanism should only apply to direct contractual parties. It should not apply when the contribution of the author or performer is not significant having regard the overall work or performance.
Amendment 517 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Amendment 741 #
Proposal for a directive
Article 11 – title
Article 11 – title
Protection of press publications concerning digital uses
Amendment 757 #
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 781 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The rights referred to in paragraph 1 shall expire 2015 years after the publication of the press publication. This term shall be calculated from the first day of January of the year following the date of publication.
Amendment 821 #
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 l, irrespective of the nature of the means used, arge amounts of works or other subject-matter uploaded by their users shall, in cooperation with rightholders, takinvolved in making available to the public third-party works uploaded by their users, and where such activity is not of a mere technical, automatic and passive nature, shall take appropriate and proportionate measures to ensure the functioning of agreements which must be concluded with rightholders for the use of their works or other subject-matter, or 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 847 #
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. The measures referred to in paragraph 1 shall be without prejudice to the use of works made within an exception or limitation to copyright and the use of original user-created content. To that end, Member States shall ensure that users are allowed to communicate rapidly and in an effective manner with the rightholders who have requested the measures referred to in paragraph 1 in order to challenge the application of those measures.
Amendment 877 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that authors and performers, performers, publishers, producers and their respective successors in title, in connection with the licensing agreements under Article 13, receive on a regular basis and taking into account the specificities of each sector, timely, adequate, accurate and sufficient information and reporting on the exploitation of their works, plays and performances from those to whom they have licensed or transferred their rights, notably as regardsby indicating modes of exploitation, modes of promotion, revenues generated and remuneration due.
Amendment 898 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
Amendment 946 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall ensumay require that authors and performers 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 clearly disproportionately low compared to the unanticipated subsequent relevant net revenues and benefits derived from the exploitation of the works or performances.