27 Amendments of Emmanuel MAUREL related to 2022/2038(INI)
Amendment 8 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the main objective of the AVMSD is to protect cultural diversity and pluralism of opinion in the European Union under Article 167 TFEU;
Amendment 12 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the Media and Audiovisual Action Plan (MAAP) highlights the negative consequences of the penetration of the European market by video-on-demand platforms;
Amendment 22 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the entertainment industry is undergoing major changes, and whereas this has an impact on intellectual property rights;
Amendment 24 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas there is a risk to European creation in the current practice of vertically integrated platforms under which producers cede intellectual property rights to the works they disseminate;
Amendment 27 #
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas the weakness of intellectual property retention poses a threat to content creators;
Amendment 29 #
Motion for a resolution
Recital D d (new)
Recital D d (new)
Dd. whereas many non-EU countries shoot works in the United Kingdom, which means that many US-UK co- productions qualify as European productions, rendering meaningless Article 13(1), which introduces a quota of 30% of European works;
Amendment 30 #
Motion for a resolution
Recital D e (new)
Recital D e (new)
De. whereas a specific definition of European work is required so that the AVMSD can effectively defend the diversity of content produced in the EU;
Amendment 31 #
Motion for a resolution
Recital D f (new)
Recital D f (new)
Df. whereas platforms do not provide access to audience data for works, but whereas this data is needed for rights holders, regulators and authorities in order to adapt policies to support creation;
Amendment 45 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls for the definition of European work to be revised so as to consolidate the aspects relating to intellectual property and the exploitation of the work, and to enable effective enforcement of the AVMSD;
Amendment 46 #
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Considers that ‘works originating in European third States party to the European Convention on Transfrontier Television’, in the wording of 1989, should not be classed as European works;
Amendment 47 #
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Takes the view that any producers applying for their work to be classified as a European work must be established in an EU Member State and be holders of the rights, revenue and marketing mandates, as well as guarantors of the work's financial success;
Amendment 48 #
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Considers that the producers established in a Member State must make the highest financial contribution to the total cost of production;
Amendment 68 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Encourages Member States to better use and exploit the opportunities that can arise from the appropriate promotion of audiovisual media services of general interest; suggests, furthermore, that ERGA develop guidelines in this regardCalls for an obligation on platforms to ensure audiovisual media services of general interest and European works receive sufficient visibility, and for ERGA to publish guidelines for the proper implementation of this obligation;
Amendment 73 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Recalls that a Member State may impose obligations to ensure that operators of interfaces not established on its territory provide audiovisual media services of general interest and European works with sufficient visibility;
Amendment 77 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that the objectives of the Directive are served by Member States taking measures to ensure findability of contentand prominence of content, European works and services of general interest vis- à-vis relevant user interfaces and platform services that offer their services to users in the territory of that Member State but are not themselves established there;
Amendment 88 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers it appropriatenecessary to maintain the European quota targets as minimum targets at their current levelnd the visibility enhancing tools provided by ERGA to Member States; points out that Member States must be able to impose higher quotas for European or national works;
Amendment 100 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Points to the importance of providing Member States, in particular through ERGA, with effective means and tools to monitor compliance with the requirements of the Directive, as well as penalties for non-compliance;
Amendment 120 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Encourages, furthermore, greater agreement on common EU-wide requirements in investment incentive schemes in the form of tax credits; considers that such schemes should provide automatic eligibility mechanisms so that they are less dependent on award decisions by panels, are not capped and provide additional incentives for socPoints up the importance of the obligations regarding quotas and funding tools laid down in Articles 13(1) and 13(2) of the AMS Directive, which are essential for cultural effects that are desirable in terms of media policy, such as talent development, social obligations, inclusion, diversity, gender equality or greeningrealising the objectives of promoting the European audiovisual sector and ensuring its diversity;
Amendment 137 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Considers that equating a season of a series with one title, as set out in the guidelines pursuant to Article 13(7) of the Directive on the calculation of the share of European works in on-demand catalogues, does not serve the intended objective; notes that quota levels are purely quantitative targets which can best be achieved equitably by means of a minute- by-minute count in relation to the total size, measured in minutes, of the currently available catalogue of a video- on-demand serviceresults in the wider dissemination of European works on platforms;
Amendment 143 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Consider that strategies should be developed to improve the discoverability of European works on platforms;
Amendment 160 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls for all measures to be taken to guarantee cultural diversity, pluralism of opinion in the EU, the independence of European producers, their capacity for innovation and preservation of the intellectual property of their works, based in particular on an in-depth analysis of market developments in the EU
Amendment 163 #
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Stresses that the worrying rise in audiovisual production costs is due in particular to the absence of regulation in that sector and that effective implementation of the obligations contained in the AVMS Directive will prevent future increases;
Amendment 164 #
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Points out that the obligations imposed on non-linear services are justified and could be stepped up;
Amendment 165 #
Motion for a resolution
Paragraph 17 f (new)
Paragraph 17 f (new)
Amendment 166 #
Motion for a resolution
Paragraph 17 g (new)
Paragraph 17 g (new)
17g. Calls for a ban on content modification without the agreement of audiovisual media service providers in order to guarantee editorial freedom and pluralism;
Amendment 167 #
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Recalls the importance of Recital 71 of the AVMS Directive, which seeks to strengthen the criteria defining an independent production, specifying that it should be the work of an independent producer and own the related revenues and exploitation rights (including secondary rights). Furthermore, the broadcaster of such an independent production should not hold, directly or indirectly, more than the producer's majority share of the production or resulting revenues, nor should it be given financial, technical, legal and artistic responsibility for the production of the work;
Amendment 170 #
Motion for a resolution
Paragraph 18 d (new)
Paragraph 18 d (new)
18d. Stresses the need to strengthen recital 71 of the AVMS Directive setting out the main specifications of an independent producer by including new criteria. An independent producer must not be established outside the territory of the Union or be controlled by capital of non- EU origin. In addition, the producer must be completely independent of the broadcaster and must not be owned directly or indirectly by a broadcaster in terms of either equity or voting rights. Finally, an independent producer must not hold, directly or indirectly, any broadcaster share capital or voting rights and the broadcaster must not be in the hands of any shareholder or group of shareholders controlling the producer.