Activities of Jean-Marie CAVADA related to 2013/2114(INI)
Legal basis opinions (0)
Amendments (21)
Amendment 3 #
Motion for a resolution
Citation 4
Citation 4
– having regard to the judgments of the Court of Justice of the European Union, particularly in cases C-467/08, Padawan v SGAE, of 21 October 2010, C-457/11 – C-460/11, VG Wort v Kyocera Mita and others, of 27 June 2013, and C-521/11, Austro Mechana v Amazon, of 11 July 2013, and C-462/09, Stichting de Thuiskopie v Opus Supplies Deutschland GmbH and others, of 16 June 2011,
Amendment 9 #
Motion for a resolution
Recital B
Recital B
B. whereas cultural content plays a pivotal role in the digital economy, whereas Europe’s digital growth will depend in future on having a varied supply of high- quality cultural content, and whereas it has emerged from consultations and several independent surveys that the cultural and creative sectors are facing common challenges from digitisation and globalisation, along with funding problems, and that EU-level action is needed to resolve these problems;
Amendment 29 #
Motion for a resolution
Recital G
Recital G
G. whereas thesre levies only constitute a small proportion of the turnover ofare now virtually no European manufacturers andor importers of traditional and digital recording media and material; whereas the non-European companies operating on the market today usually transfer their operations to sites enabling them to produce ever more cheaply; and whereas these levies only constitute a small proportion of their turnover;
Amendment 32 #
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas when the prices at which material sells in a country that charges the levy are compared with those in one that does not, it becomes clear that the private copying levy has no appreciable impact on the prices of products;
Amendment 42 #
Motion for a resolution
Recital M
Recital M
M. whereas the exemption and reimbursepayment arrangements for professional uses which have been introduced in the Member States are far from satisfactonecessary and the judicial decisions adopted in some Member States have not always been applied;
Amendment 62 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that the private copying system is a virtuous system that balances the option of, and the right to, copying for private use with fair remuneration to rightholders, and that it is a system worth preserving;
Amendment 77 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that the private copying levy should apply to all material, media and services and media whose value resides in their private recording and storage capacity and their use by consumers to copy protected works;
Amendment 89 #
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 98 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls for confirmation at EU level that the country of destination rule applies where cross-border transactions are concerned; notes that the harm to be made good is brought about not by the movement of recording media, but by the reproduction carried out on those media by a natural person for a private use; considers that the distance seller must therefore be liable for payment of the levy chargeable under the law of the country where the media are purchased by the end users;
Amendment 99 #
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 104 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls for the principle of precluding any double payment of private copying levies where sales involve several Member States to be recognised at Community level; recommends, in this regard, that systems be established that provide for, on the one hand, the reimbursement or exemption of manufacturers and distributors where the levies paid concern exported products which had not been made available on the national market and, on the other hand, the possibility for rightholders to carry out checks and audits to determine the quantity of products imported, exported or made available on national markets.
Amendment 109 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses the need to make clear to consumers the role of the private copying system with regard to remuneration of artists and cultural dissemination; urges Member States and rightholders to replacconduct, alongside their anti-piracy campaigns with, ‘positive’ campaigns highlighting the benefits of private copying levies;
Amendment 114 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Takes the view that consumers must be informed of the amount of the levy paid by them; urges the Commission and Member States accordingly, in consultation with manufacturers, importers, retailers and, consumer associations and rightholders, to ensure that this information is indicated on packaging and, as far as possible, on invoices and receipts issued to consumers;
Amendment 138 #
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 142 #
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Stresses that technical protection measures should not prevent consumers from making copies or rightholders from being fairly remunerated for private copying.
Amendment 161 #
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses that, as for online services, contractual authorisations concerning private copies cannot be allowed to prevail to the detriment of private copyingthe exception arrangements for this private copying;
Amendment 165 #
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. The enforcement of exclusive rights, which is the primary means of exercising copyright and related rights, particularly in the digital environment, does not allow effective and proper control over the private use of protected works and items;
Amendment 171 #
Motion for a resolution
Paragraph 25
Paragraph 25
25. Takes the view that private copies of protected works made using cloud computing technology may in some cases have the same purpose as those made using traditional and/or digital recording media and materials; considers that these copies shcould be taken into account by the private copying compensation mechanisms;
Amendment 174 #
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 179 #
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Calls on the Commission to assess the impact on private copying systems of the use of cloud computing services for private recording and storage of protected works, so as to determine how these private copies of protected works should be taken into account by private copying compensation mechanisms; stresses the need to look into the legal arrangements for cloud computing services as regards the principles of intellectual property.
Amendment 183 #
Motion for a resolution
Paragraph 27
Paragraph 27