Activities of Jean-Marie CAVADA related to 2011/2313(INI)
Reports (1)
REPORT on the online distribution of audiovisual works in the European Union PDF (250 KB) DOC (137 KB)
Legal basis opinions (0)
Amendments (27)
Amendment 1 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Stresses that online use can represent a real opportunity for better diffusion and distribution of European works, particularly audiovisual works, in conditions where legal supply can develop in an environment of healthy competition which effectively tackles the illegal supply of protected works;
Amendment 7 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Invites the Commission to enable the industry to test innovative means of distribution seeking to exploit the possible benefits across and between territories and exploitation windows notably through the implementation of the preparatory action on circulation of audiovisual works adopted by Parliament in November 2011;
Amendment 17 #
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to present a legislative initiative for the collective management of copyright, aimed at ensuring better accountability, transparency and governance on the part of collective rights management societies, as well as efficient dispute resolution mechanisms, and at clarifying and simplifying licensing systems in the music sector; stresses, in this regard, the need to operate a clear distinction between licensing practices for different types of content, notably between audiovisual/cinematographic and musical works; recalls that the licensing of audiovisual works is mainly conducted on the basis of contractual agreements, and that collective management is rare;
Amendment 19 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas cinema exhibition continues to account for a large proportion of film revenue and has a considerable impact on the success of films on video-on-demand platforms;
Amendment 26 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that it is essential, in the online distribution of audiovisual works, to guarantee equitable remuneration for all authors, artists and performers involved, for example by setting up collective agreements through contractual clauses or, in the absence of an agreement between the parties, through voluntary collective administration;
Amendment 28 #
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls for the Commission to urgently carry out a study on the different remuneration options for authors, artists and performers in the audiovisual sector, so that best practice in Member States can be used to set up an EU model;
Amendment 33 #
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the Commission to find mechanisms to encourage access to archived audiovisual material held in Europe's film heritage institutions; for reasons often linked to diminishing consumer appeal and limited shelf life, a substantial share of European audiovisual material is unavailable commercially;
Amendment 34 #
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas the rapid development of social networking platforms is a driver of freedom of artistic and creative expression for Internet users, the consequences for uploading works protected by copyright should not, however, be forgotten;
Amendment 35 #
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Calls on Member States and the Commission to promote solutions to support the digitization, preservation and educational availability of these works, including across borders;
Amendment 36 #
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Calls on the Commission, with regard to the impact of standardized practices on the free movement and free provision of audiovisual works, to implement measures facilitating wider use of the ISAN system;
Amendment 64 #
Motion for a resolution
Recital Q a (new)
Recital Q a (new)
Qa. whereas media chronology is governed by interprofessional agreements and, in some cases, is at the discretion of the Member States;
Amendment 66 #
Motion for a resolution
Recital R a (new)
Recital R a (new)
Ra. whereas the current regulatory framework is not enough to guarantee an effective collective licensing system for non-linear media services as regards the broadcasting of music;
Amendment 71 #
Motion for a resolution
Recital S a (new)
Recital S a (new)
Sa. whereas there is a crucial need to step up research and development for developing techniques for the automated management of services for people with disabilities, especially thanks to hybrid broadcasting;
Amendment 82 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Promotes the development of a rich and diverse legal offering, especially by making release windows more flexible;
Amendment 87 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Welcomes the Commission’s decision to implement the preparatory action adopted by Parliament for testing new modes of distribution based on the complementarity between platforms on the flexibility of release windows;
Amendment 92 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Observes that the development of cross-border service providers is entirely possible so long as business platforms are prepared to contractually acquire the rights to exploit one or more territories, because it is important to remember that territorial systems are the normal markets in broadcasting;
Amendment 108 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission to afford Internet users legal certainty when using streamed services and to consider, in particular, ways to prevent the use of payment systems and funding through advertising on pay platforms offering unauthorised downloading and streaming services;
Amendment 109 #
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Draws attention to the upsurge of social networking platforms offering Internet users the chance to financially support the production of a film or documentary, which makes them feel like an integral part of its making, but stresses, nonetheless, that this type of funding in the short term is unlikely to replace traditional sources of funding;
Amendment 128 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Maintains that it is essential to guarantee authors and performers remuneration that is fair and proportional to the revenue generated by the online exploitation of their works;
Amendment 142 #
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Observes that it would be useful for culture workers and Member States to negotiate the implementation of measures enabling public records to fully benefit from digital technology for works that form part of heritage, especially as regards access to remote digital works on non-commercial scales;
Amendment 143 #
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Stresses that if voluntary collective management were to no longer permit the broadcasting of the world music repertoire and if equivalent measures for obtaining rights could no longer be voluntarily introduced with legal certainty, mandatory collective management for authorising the use of music and musical compositions should expressly be considered as a part of programmes distributed by EU media services;
Amendment 147 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission to consider ways to encourage network operators to standardise their technical tools and reverse the current trend of removing responsibility from these operators regarding consumer protection, implementation of intellectual property and ensuring Internet privacy;
Amendment 151 #
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Commission to implement a legal framework for online non-EU audiovisual services if they are aimed directly or indirectly at the EU public so that they are subject to the same obligations as EU services;
Amendment 152 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Notes that in order to ensure fair competition among the different operators or the different platforms, the provisions on cable in the ‘cable and satellite’ directive should be extended to the integrated, simultaneous and unabridged retransmission of pre-existing broadcasts via closed retransmission platforms such as IPTV services;
Amendment 155 #
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Calls on the Commission, with the cooperation of Parliament, to call for an annual assembly dedicated to developing online audiovisual and cinematographic content in which new models for the creation and promotion of online audiovisual content will be examined;
Amendment 156 #
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Stresses that the development of smart terminals has further facilitated direct access to audiovisual content via search engines, and that it would therefore be appropriate to ensure that the links given the highest ranking by referral sites will direct consumers to domestic and European sites or services, in order to ensure the economic value of content;
Amendment 157 #
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15d. Encourages Member States to implement Directive 2010/13/EU on audiovisual media services and recommends that they monitor how European works, particularly films and documentaries, are actually presented and promoted throughout the different audiovisual media services accessible to the public, and stresses the need for closer cooperation between regulatory authorities and film funding organisations;