24 Amendments of Tiemo WÖLKEN related to 2016/0280(COD)
Amendment 44 #
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Amendment 57 #
Proposal for a directive
Recital 38 – paragraph 2
Recital 38 – paragraph 2
Amendment 65 #
Proposal for a directive
Recital 38 – paragraph 3
Recital 38 – paragraph 3
Amendment 76 #
Proposal for a directive
Recital 39
Recital 39
Amendment 100 #
Proposal for a directive
Title IV – Chapter 2 – title
Title IV – Chapter 2 – title
Amendment 101 #
Proposal for a directive
Article 13
Article 13
Amendment 106 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Amendment 118 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
Amendment 126 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 189 #
Proposal for a directive
Recital 15
Recital 15
(15) While distance learning and cross- border education programmes are mostly developed at higher education level, digital tools and resources are increasingly used at all education levels, in particular to improve and enrich the learning experience. The exception or limitation provided for in this Directive should therefore benefit all educational establishments in primary, secondary, vocational and higher education to the extent they pursue their educational activialso benefit entities providing educational activities, such as museums, libraries, archives and civil society for a non-commercial purposeganisations. The organisational structure and the means of funding of an educational establishment or an entity providing educational activities are not the decisive factors to determine the non-commercial nature of the activity.
Amendment 198 #
Proposal for a directive
Recital 16
Recital 16
(16) The exception or limitation should cover digital uses of works and other subject-matter such as the use of parts or extracts of works to support, enrich or complement the teaching, including the related learning activities. The use of the works or other subject-matter under the exception or limitation should be only in the context of teaching and learning activities carried out under the responsibility of educational establishments, including during examinations, or entities providing educational activities and be limited to what is necessary for the purpose of such activities. The exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment's secure electronic network, the access to which should be protected, notably by authentication procedures. The exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching.
Amendment 201 #
Proposal for a directive
Recital 17
Recital 17
Amendment 400 #
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Where information society service providers that store and provide access to the public to copyright protected works or other subject-matter uploaded by their users, thereby goingo 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 Article 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).
Amendment 409 #
Proposal for a directive
Recital 38 – paragraph 2
Recital 38 – paragraph 2
In respect of Article 14 of Directive 2000/31/EC and the liability exemption provided therein, 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 promoting them, irrespective of the nature of the means used therefor. In such case, the provider should no longer be considered to be merely hosting copyright protected works or other subject-matter uploaded by their users, should be ineligible for the liability exemption and therefore subjected to the provisions of Directive 2001/29/EC as any digital service provider.
Amendment 420 #
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 largesignificant amounts of copyright protected works or other subject- matter uploaded by their users and performing an act of communication to the public should take appropriate and proportionate measures to ensure protection of works or other subject-matter, such as implementing effective technologies. This obligation should also apply when the information society service providers are eligible for the liability exemption provided in Article 14 of Directive 2000/31/ECose measures should not require the identity of individual users uploading content in order to protect their privacy. Furthermore, those measures should be limited to preventing the availability of specifically identified and duly notified works and should not lead to a general obligation to monitor content uploaded by the users.
Amendment 445 #
Proposal for a directive
Recital 39
Recital 39
(39) Collaboration between information society service providers, storing and providing access to the public to largesignificant amounts of copyright protected works or other subject-matter uploaded by their users and performing an act of communication to the public, and rightholders is essential for the functioning of technologies, such as content recognition technologies. In such cases, rightholders should provide the necessary data to allow the services to identify their content and t, such as reference files and metadata. They should deliver reference files on a timely basis and in an appropriate file format. Metadata should be complete and accurate for each reference file. The services should be transparent towards rightholders with regard to the deployed technologies, to allow the assessment of their appropriateness. The services should in particular provide rightholders with information on the type of technologies used, the way they are operated and their success rate for the recognition of rightholders' content. Those technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement.
Amendment 595 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) takes place on the premises of an educational establishment or through a secure electronic network accessible only by the educational establishment's pupils or students and teaching staffon the premises of an entity providing educational activities or through a secure electronic communications network;
Amendment 605 #
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 608 #
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
Amendment 615 #
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Amendment 623 #
Proposal for a directive
Article 4 – paragraph 3
Article 4 – paragraph 3
3. The use of works and other subject- matter for the sole purpose of illustration for teaching through secure electronic communications networks undertaken in compliance with the provisions of national law adopted pursuant to this Article shall be deemed to occur solely in the Member State where the educational establishment or the entity providing educational activities is established.
Amendment 813 #
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 largesignificant amounts of copyright protected works or other subject- matter uploaded by their users and perform an act of communication to the public shall, in cooperation with rightholders, take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject-matter or, in case such agreements have not been concluded, 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 and compliant with the relevant industry standards. 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 rightholders' own works and other subject- matter in a commonly agreed reporting format. The rightholders shall provide the service providers with the necessary data to allow the services to identify their content, such as reference files and metadata.
Amendment 828 #
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1 a. Where information society service providers take the measures referred to in paragraph 1, such measures shall not violate any privacy rights of the users, and shall be in compliance with Directives 95/46/EC and 2002/58/EC, as well as the General Data Protection Regulation. Measures to prevent the availability of copyright protected works or other subject-matter shall be limited to preventing the availability of specifically identified and duly notified works and shall not consist in an active monitoring of all the data of each user of the service.
Amendment 852 #
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2 a. Where a user makes use of the complaints and redress mechanisms referred to in paragraph 2, service providers and rightholders whose content is involved in any such conflict or dispute shall be obliged to resolve such conflict or dispute in a timely manner.