11 Amendments of Željana ZOVKO related to 2023/2051(INL)
Amendment 127 #
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. Whereas fair remuneration for the use of creative work is the basis of earnings as a professional creator and as such has a key role for authors’ and composers’ working conditions; whereas collective management of authors’ rights provides the main source of income for a majority of creators in Europe, ensuring their continuous remuneration for each use of their work and should also protect them from unfair contractual practices by large and dominant media and streaming platform companies;
Amendment 127 #
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. Whereas fair remuneration for the use of creative work is the basis of earnings as a professional creator and as such has a key role for authors’ and composers’ working conditions; whereas collective management of authors’ rights provides the main source of income for a majority of creators in Europe, ensuring their continuous remuneration for each use of their work and should also protect them from unfair contractual practices by large and dominant media and streaming platform companies;
Amendment 139 #
Motion for a resolution
Recital J b (new)
Recital J b (new)
Jb. Whereas not addressing the coercive buy-out and work-for-hire practices imposed by the non-EU based video-on-demand (VOD) platforms would leave European authors and composers with no guarantee on their working conditions in the VOD sector”;
Amendment 139 #
Motion for a resolution
Recital J b (new)
Recital J b (new)
Jb. Whereas not addressing the coercive buy-out and work-for-hire practices imposed by the non-EU based video-on-demand (VOD) platforms would leave European authors and composers with no guarantee on their working conditions in the VOD sector”;
Amendment 244 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls the importance of copyright and related rights in the cultural and creative sectors and of properly implementing them, ensuring that every type of rightholder is fairly remuneratedin particular for authors and composers, who are in a weaker contractual position vis-à-vis the major and dominant media companies that hire or commission a work to them; underlines that authors and composers need the protection provided for by the EU law to ensure their fair remuneration to be able to fully benefit from the rights harmonised under Union law, ensuring that they are fairly and proportionately remunerated for each usage of their work;
Amendment 244 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls the importance of copyright and related rights in the cultural and creative sectors and of properly implementing them, ensuring that every type of rightholder is fairly remuneratedin particular for authors and composers, who are in a weaker contractual position vis-à-vis the major and dominant media companies that hire or commission a work to them; underlines that authors and composers need the protection provided for by the EU law to ensure their fair remuneration to be able to fully benefit from the rights harmonised under Union law, ensuring that they are fairly and proportionately remunerated for each usage of their work;
Amendment 264 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Is concerned by abusive and coercive practices that may result in unfair contractual relationships for CCS professionals; draws attention to issues relating more specifically to ‘buy-out’ contractsand work-for-hire contracts imposed by the non-EU based video-on-demand platforms and apply the rules of third countries to circumvent the EU laws protecting authors and their fair remuneration; requests the Commission to assess and closely monitor and tackle the situation in that regard to prevent the circumvention of EU rules and principles and to ensure appropriate remuneration and fair working conditions for authors and composers;
Amendment 271 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Underlines the role of the collective management organizations and their global system which enables creators to be remunerated for uses in domestic and non-domestic market which they would not be in a position to enforce themselves, and also the role of such organizations as promoters of the cultural diversity and expression, both by enabling the smallest and less popular repertoires to access the market and by providing social, cultural and educational services for the benefit of their rightholders and the public as it is noted in the Directive 2014/26/EU1a on collective rights management; acknowledges that collective management organizations play an indispensable role in ensuring the remuneration of authors and composers through collective negotiations and provide the main source of income for the professional authors and composers; _________________ 1a 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
Amendment 279 #
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Considers that abusive and coercive buy-out and work-for-hire practices imposed on authors, composers and artists by the non-EU based video-on- demand platforms, circumventing the requirement of fair remuneration of authors and composers and substantially harming their working conditions cannot be justified by contractual freedom; denounces the use of such practices and calls on the Commission to bring EU wide solutions to eliminate their use in the EU;
Amendment 325 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Recognises the role played by the collective management organisations (formed and managed by authors and composers) to ensure collective negotiations for authors and composers, equal access of all authors and composers to the market, broadest access of the public to culturally diverse repertoire and sustainability of cultural sector in Europe since they provide significant social and cultural funds for the well-being of their members and sustainability of cultural sector and cultural diversity; promotes collective management as a fair and sustainable model for future EU policy considerations;
Amendment 510 #
Motion for a resolution
Annex I – Recommendation 4 – paragraph 1 – indent 5
Annex I – Recommendation 4 – paragraph 1 – indent 5
- to develop tools, such as guidelines for application, handbooks of good practices and shared principles, for improving the situation in all the areas covered under its scope and to evaluate experiences with relevant tools; to prevent unfair commercial practices such as buy- outs and work for hire from becoming an established practice circumventing EU rules, further legislation may be considered;