BETA

Activities of Jean-Marie CAVADA related to 2014/2256(INI)

Legal basis opinions (0)

Amendments (93)

Amendment 4 #
Motion for a resolution
Citation 1
– having regard to Articles 4, 26, 34, 114 and 11867 of the Treaty on the Functioning of the European Union (hereinafter ‘TFEU),
2015/03/05
Committee: JURI
Amendment 5 #
Draft opinion
Paragraph 1
1. Highlights the need for a common definition of ‘public domain’ so as to ensure the widespread dissemination of cultural content across the EU;deleted
2015/03/06
Committee: CULT
Amendment 5 #
Motion for a resolution
Citation 1
– having regard to Articles 4, 26, 34, 114, 118 and 11867 of the Treaty on the Functioning of the European Union (TFEU),
2015/03/05
Committee: JURI
Amendment 7 #
Motion for a resolution
Citation 1 a (new)
– having regard to the UNESCO Convention of 20 October 2005 on the Protection and Promotion of the Diversity of Cultural Expressions,
2015/03/05
Committee: JURI
Amendment 11 #
Motion for a resolution
Citation 2
– having regard to Articles 11, 13, 14, 16, 17, 22 and 52 of the Charter of Fundamental Rights of the European Union,
2015/03/05
Committee: JURI
Amendment 12 #
Motion for a resolution
Citation 2
– having regard to Articles 11, 13, 14, 16, 17, 22 and 52 of the Charter of Fundamental Rights of the European Union,
2015/03/05
Committee: JURI
Amendment 13 #
Draft opinion
Paragraph 1 a (new)
1a. Recalls that the European cultural markets are naturally heterogeneous because of the European cultural and linguistic diversity, notes that this diversity should be considered as a benefit rather than an obstacle to the Single Market;
2015/03/06
Committee: CULT
Amendment 15 #
Motion for a resolution
Citation 4
– having regard to the Berne Convention for the Protection of Literary and Artistic Works, in particular to the three-step test established therein,
2015/03/05
Committee: JURI
Amendment 16 #
Draft opinion
Paragraph 1 g (new)
1g. Stresses that the copyright framework and its effective enforcement, that attain and safeguard a fair remuneration for artists, creators and rightholders play a vital role in encouraging creativity, fostering cultural diversity and ensuring the creation of new creative and cultural content across the Union;
2015/03/06
Committee: CULT
Amendment 16 #
Motion for a resolution
Citation 4
– having regard to the Berne Convention for the Protection of Literary and Artistic Works, and expressly to the Three Steps Test,
2015/03/05
Committee: JURI
Amendment 18 #
Motion for a resolution
Citation 5 a (new)
– having regard to the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions of the 20th October 2005,
2015/03/05
Committee: JURI
Amendment 20 #
Motion for a resolution
Citation 7 a (new)
– having regard to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS),
2015/03/05
Committee: JURI
Amendment 27 #
Draft opinion
Paragraph 1 h (new)
1h. Emphasizes that any reform of the copyright framework should take as a basis a high level of protection, since rights are crucial to intellectual creation and provide a stable, clear and flexible legal base that fosters investment and growth in the creative and cultural sector, whilst removing legal uncertainties and inconsistencies that adversely affect the functioning of the internal market;
2015/03/06
Committee: CULT
Amendment 27 #
Motion for a resolution
Citation 9
– having regard to Directive 2013/37/EU of the European Parliament and of the Council of 26 June 2013 amending Directive 2003/98/EC on the re-use of public sector information3, __________________ 3 OJ L 175, 27.6.2013, p. 1.deleted
2015/03/05
Committee: JURI
Amendment 28 #
Motion for a resolution
Citation 9
– having regard to Directive 2013/37/EU of the European Parliament and of the Council of 26 June 2013 amending Directive 2003/98/EC on the re-use of public sector information3, __________________ 3 OJ L 175, 27.6.2013, p. 1.deleted
2015/03/05
Committee: JURI
Amendment 30 #
Draft opinion
Paragraph 1 d (new)
1d. Recalls that the Union, as well as the Member States, are parties to international treaties on copyright that involve a certain number of obligations and guarantees that should be respected;
2015/03/06
Committee: CULT
Amendment 33 #
Draft opinion
Paragraph 1 c (new)
1c. Supports the initiatives aimed at enhancing the portability, within the Union, of online services of legally acquired and legally made available content, whilst fully respecting copyrights and the interests of right-holders;
2015/03/06
Committee: CULT
Amendment 36 #
Motion for a resolution
Citation 17 a (new)
- having regard to the Commission Green Paper of 13 July 2011 on the online distribution of audiovisual works in the European Union: opportunities and challenges towards a digital single market (COM(2011 427 final),
2015/03/05
Committee: JURI
Amendment 37 #
Draft opinion
Paragraph 1 f (new)
1f. Notes that several studies have demonstrated that the cultural and creative sectors, often copyright intensive, already account for up to 4.5% of GDP and up to 8.5 million jobs in the Union and are not only essential for cultural diversity but also significantly contribute to social and economic development;
2015/03/06
Committee: CULT
Amendment 37 #
Motion for a resolution
Citation 17 a (new)
- having regard to the Green Paper of the Commission on the online distribution of audiovisual works in the European Union: opportunities and challenges towards a digital single market (COM(2011)427)),
2015/03/05
Committee: JURI
Amendment 39 #
Draft opinion
Paragraph 2
2. Stresses the need to address the problematic boundaries that exist between the reproduction right and the right of communication to the public of works, and to clarify the concept of ‘communication to the public’ in light of the recent case law of the Court of Justice of the European Union;deleted
2015/03/06
Committee: CULT
Amendment 42 #
Motion for a resolution
Citation 19 a (new)
- having regard to the report on the online distribution of audiovisual works in the European Union (A7-0262/2012),
2015/03/05
Committee: JURI
Amendment 43 #
Draft opinion
Paragraph 3
3. Stresses that the ability to link one resource to another is one of the fundamental building blocks of the Internet, but stresses that under certain circumstances, embedding and linking should notcan be considered as acts of communication to thea new public and thus should not be subject to Article 3 of the directiveerefore can constitute an infringement to copyrights;
2015/03/06
Committee: CULT
Amendment 43 #
Motion for a resolution
Citation 20 a (new)
- having regard to the September 2013 joint EPO and OHIM study entitled 'Intellectual property rights intensive industries: contribution to economic performance and employment in the European Union',
2015/03/05
Committee: JURI
Amendment 51 #
Draft opinion
Paragraph 4
4. Emphasises the need to update the concept of ‘reproduction of works’ by taking into account the possibilities offered by digital technologies in terms of communication to the public;deleted
2015/03/06
Committee: CULT
Amendment 53 #
Motion for a resolution
Recital A
A. whereas the European legal framework for copyright and related rights is central to the promotion of creativity and innovation, to safeguarding cultural diversity and to access to knowledge and information;
2015/03/05
Committee: JURI
Amendment 56 #
Draft opinion
Paragraph 5
5. Urges for the establishment of mandatory limitations and exceptions to copyright, at least with regard to the most important exceptions, such as those in the field of education, research and libraries, to allow for the more widespread dissemination of cultural content across the EU;deleted
2015/03/06
Committee: CULT
Amendment 68 #
Draft opinion
Paragraph 5 a (new)
5a. Notes that the room for manoeuvre left to Member States in accordance with the subsidiarity principle has enabled them to adapt exceptions and limitations to their social and economic circumstances;
2015/03/06
Committee: CULT
Amendment 68 #
Motion for a resolution
Recital B
B. whereas the objective of Directive 2001/29/EC on the harmonisation of certain aspectwas to adapt the rules ofn copyright and related rights in the information society was aimed at adapting legislation on copyright and so as to take account of technological developments, promote the dissemination of knowledge and culture, enhance legal certainty and, at the same time, ensure a high level of intellectual property protection, with a view to safeguarding the autonomy and dignity of crelated rights to reflect technological developmentors and performers and to encouraging investment in creative and innovative activities in order to foster growth and European industrial competitiveness;
2015/03/05
Committee: JURI
Amendment 72 #
Motion for a resolution
Recital B a (new)
Ba. whereas Directive 2001/29/EC also addresses a number of EU obligations under international law, including the provisions of the Berne Convention for the Protection of Literary and Artistic Works, of the WIPO Copyright Treaty and of the WIPO Performances and Phonograms Treaty;
2015/03/05
Committee: JURI
Amendment 75 #
Motion for a resolution
Recital B b (new)
Bb. whereas any political initiative concerning the digital single market must be in keeping with the Charter of Fundamental Rights of the European Union, and in particular Articles 11, 13, 14, 16, 17 and 22 thereof;
2015/03/05
Committee: JURI
Amendment 76 #
Draft opinion
Paragraph 5 b (new)
5b. Calls on the Commission to ensure that exceptions and limitations are properly implemented; calls on Member States, at the same time, to provide all possible information concerning best practices and the obstacles encountered in the implementation of those exceptions and limitations, in order to promote equal access to cultural diversity across borders within the internal market and to improve legal certainty;
2015/03/06
Committee: CULT
Amendment 81 #
Draft opinion
Paragraph 5 c (new)
5c. Notes the need to carry out an in-depth study of exceptions for research and education purposes before contemplating any changes to the relevant Community rules;
2015/03/06
Committee: CULT
Amendment 85 #
Draft opinion
Paragraph 5 d (new)
5d. Acknowledges the importance of libraries for access to knowledge; encourages stakeholders to find appropriate solutions to enable libraries to fulfil their potential in the digital environment whilst respecting rightholders’ interests;
2015/03/06
Committee: CULT
Amendment 92 #
Motion for a resolution
Recital C
C. whereas the Charter of Fundamental Rights protects the freedom of expression, thefreedom of information, freedom of the arts and scientific researchce, the right to education and the freedom to conduct a business, personal data and intellectual property;
2015/03/05
Committee: JURI
Amendment 98 #
Draft opinion
Paragraph 6 a (new)
6a. Stresses the fact that exceptions and limitations should be applied whilst taking account of the specific individual features of digital and analogue environments and should neither conflict with the normal exploitation of the work nor unreasonably prejudice the legitimate interests of the author or rightholder; they are established for very specific reasons and should be strictly interpreted by the Member States;
2015/03/06
Committee: CULT
Amendment 99 #
Motion for a resolution
Recital D
D. whereas Article 17 of the Charter of Fundamental Rights enshrines the right to property, drawing a distinction between the protection of possessions, on the one hand (paragraph 1), and the protection of intellectual property, on the other (paragraph 2);deleted
2015/03/05
Committee: JURI
Amendment 100 #
Motion for a resolution
Recital D
D. whereas Article 17 of the Charter of Fundamental Rights enshrines the right to property, drawing a distinction between the protection of possessions, on the one hand (paragraph 1), and the protection of intellectual property, on the other (paragraph 2);deleted
2015/03/05
Committee: JURI
Amendment 103 #
Draft opinion
Paragraph 7
7. Stresses that digital levies should be moadernised in light of the development of digital technologies more transparent and optimised to safeguard rightholder and consumer rights and by taking into account 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;
2015/03/06
Committee: CULT
Amendment 110 #
Motion for a resolution
Recital E
E. whereas decisions on technical standards can have a significant impact on human rights – including the right to freedom of expression, protection of personal data and user security – as well as on access to content10; __________________ 10Opinion of the European Economic and Social Committee of 16 December 2014 on the ‘Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Internet policy and governance – Europe’s role in shaping the future of internet governance’.deleted
2015/03/05
Committee: JURI
Amendment 111 #
Motion for a resolution
Recital E
E. whereas decisions on technical standards can have a significant impact on human rights – including the right to freedom of expression, protection of personal data and user security – as well as on access to content10 ; __________________ 10Opinion of the European Economic and Social Committee of 16 December 2014 on the ‘Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Internet policy and governance – Europe’s role in shaping the future of internet governance’.deleted
2015/03/05
Committee: JURI
Amendment 112 #
Draft opinion
Paragraph 8
8. Suggests a review of the liability and status of service providers to guarantee the legal dissemination of culture across the EU and in accordance with the Charter of Fundamental Rights of the European Unnd fair remuneration for creation andin the European Convention on Human RightsU;
2015/03/06
Committee: CULT
Amendment 114 #
Motion for a resolution
Paragraph -1 c (new)
–1c. Points out that copyright is the tangible means of ensuring that creators are remunerated and that the creative process is funded;
2015/03/05
Committee: JURI
Amendment 116 #
Draft opinion
Paragraph 8 a (new)
8a. Recognizes that commercial copyright infringing activities pose a serious threat to the functioning of the digital single market and to the development of the legal offer of diversified cultural and creative content online;
2015/03/06
Committee: CULT
Amendment 120 #
Motion for a resolution
Recital E a (new)
Ea. whereas creative works are one of the main sources nourishing the digital economy and information technology players such as search engines, social media and platforms for user-generated content, but virtually all the value generated by creative works is transferred to those digital intermediaries, which refuse to pay authors or negotiate extremely low levels of remuneration;
2015/03/05
Committee: JURI
Amendment 121 #
Draft opinion
Paragraph 8 c (new)
8c. Takes note of the importance of territorial licenses in the Union, particularly with regards to audiovisual and film production which is primarily based on broadcasters pre-purchase or pre-financing systems;
2015/03/06
Committee: CULT
Amendment 126 #
Motion for a resolution
Recital E b (new)
Eb. having regard to the competitive advantage and growing power of a number of Internet intermediaries and to the negative impact of this situation on authors' creative potential and on the development of services offered by other distributors of creative works;
2015/03/05
Committee: JURI
Amendment 127 #
Motion for a resolution
Paragraph -1 a (new)
-1a. Emphasises that any revision of Directive 2001/29/EC should continue to safeguard the principle of fair remuneration for rightholders; calls for a reaffirmation of the principle of territoriality, enabling each Member State to safeguard the fair remuneration principle within the framework of its own cultural policy;
2015/03/05
Committee: JURI
Amendment 129 #
Motion for a resolution
Recital E c (new)
Ec. whereas the Commission’s priority and the focus of its 2014-2019 programme is the creation of growth and jobs;
2015/03/05
Committee: JURI
Amendment 130 #
Motion for a resolution
Paragraph -1 (new)
-1. Points out that the existence of copyright and related rights inherently implies territoriality; emphasises that there is no contradiction between that principle and measures to ensure the portability of content;
2015/03/05
Committee: JURI
Amendment 131 #
Motion for a resolution
Recital E d (new)
Ed. whereas many creative on-line services have developed thanks to the application of the Directive, and consumers have never before had access to such a wide range of creative and cultural works – with more than 3 000 on-line on-demand audiovisual services, 2 million titles available as e-books, 230 digital music services and 43 million licensed musical works;
2015/03/05
Committee: JURI
Amendment 134 #
Motion for a resolution
Recital E e (new)
Ee. whereas users need access to a plentiful and diverse supply of high- quality content;
2015/03/05
Committee: JURI
Amendment 146 #
Motion for a resolution
Paragraph 1
1. Welcomes the Commission’s initiative of conducting a consultation on copyright, which attracted great interest from civil society with more than 9 500 replies, 58.7 % of which came from end usersall those concerned11; __________________ 11 Commission, DG MARKT, Report on the responses to the Public Consultation on the Review of the EU Copyright Rules, July 2014, p. 5.
2015/03/05
Committee: JURI
Amendment 147 #
Motion for a resolution
Paragraph 1
1. Welcomes the Commission’s initiative of conducting a consultation on copyright, which attracted great interest from civil society with more than 9 500 replies, 58.7 % of which came from end users11 all relevant stakeholders; __________________ 11 Commission, DG MARKT, Report on the responses to the Public Consultation on the Review of the EU Copyright Rules, July 2014, p. 5.
2015/03/05
Committee: JURI
Amendment 156 #
Motion for a resolution
Paragraph 2
2. Notes with concern that the vast majority of end-user respinterest the increased range of condtents report facing problems when trying to access online services across the Member States, particularly where technological protection measures are used to enforce territorial restrictions that has been available to users lawfully since the implementation of Directive 2001/29/EC;
2015/03/05
Committee: JURI
Amendment 167 #
Motion for a resolution
Paragraph 2 a (new)
2a. Notes that the creative and cultural sectors, as represented by authors, performers, publishers, producers, broadcasters, collective rights management bodies and other rightholders, as well as the majority of Member States, share the view that the current legal framework is suitable and sufficiently flexible to address in a sustainable way the demand for content available on-line throughout the Member States;
2015/03/05
Committee: JURI
Amendment 168 #
Motion for a resolution
Paragraph 2 a (new)
2a. Notes with concern the growing number of illegal on-line services and the increasing incidence of piracy and, more generally, of infringements of intellectual property rights, a trend that poses a serious threat to Member States’ economies and to creativity in the European Union;
2015/03/05
Committee: JURI
Amendment 172 #
Motion for a resolution
Paragraph 2 b (new)
2b. Points out that copyright-intensive industries employ more than seven million people in the Union; asks the Commission, therefore, to ensure that, in line with the principles of better regulation, any legislative initiative to modernise copyright be preceded by an exhaustive ex-ante assessment of its impact in terms of growth and jobs, as well as its potential costs and benefits;
2015/03/05
Committee: JURI
Amendment 175 #
Motion for a resolution
Paragraph 2 c (new)
2c. Emphasises that any revision of EU copyright law must be properly focused and must be based on convincing data, with a view to securing the continued development of Europe’s creative industries;
2015/03/05
Committee: JURI
Amendment 213 #
Motion for a resolution
Paragraph 4
4. Considers the introduction of a single European Copyright Title on the basis of Article 118 TFEU that would apply directly and uniformly across the EU, in accordance with the Commission’s objective of better regulation, as a legal means to remedy the lack of harmonisation resulting from Directive 2001/29/EC;deleted
2015/03/05
Committee: JURI
Amendment 230 #
Motion for a resolution
Paragraph 4 c (new)
4c. Points out that, in the fragile ecosystem which produces and finances creative work, exclusive rights and freedom of contract are key components because they make for improved risk sharing, enable a range of players to get involved in joint projects for a culturally diverse audience and underpin the incentive to invest in professional content production;
2015/03/05
Committee: JURI
Amendment 233 #
Motion for a resolution
Paragraph 4 f (new)
4f. Draws attention to the fact that multi- territorial licensing, as provided for in Directive 2014/26/EU on collective management of copyright, is an option when broadcasters want Europe-wide coverage;
2015/03/05
Committee: JURI
Amendment 235 #
Motion for a resolution
Paragraph 4 h (new)
4h. Points out that the financing, production and co-production of films and television content depend to a great extent on exclusive territorial licences granted to local distributers on a range of platforms reflecting the cultural specificities of the various markets in Europe; that being so, emphasises that the ability, under the principle of freedom of contract, to select the extent of territorial coverage and the type of distribution platform encourages investment in films and television content and promotes cultural diversity; calls on the Commission to ensure that any initiative to modernise copyright is preceded by a wide-ranging study of its likely impact on the production, financing and distribution of films and television content, and also on cultural diversity;
2015/03/05
Committee: JURI
Amendment 242 #
Motion for a resolution
Paragraph 5
5. Recommends that the EU legislator further lower the barriers to the re-use of public sector information by exempting works produced by the public sector – as part of the political, legal and administrative process – from copyright protection;deleted
2015/03/05
Committee: JURI
Amendment 243 #
Motion for a resolution
Paragraph 5
5. Recommends that the EU legislator further lower the barriers to the re-use of public sector information by exempting works produced by the public sector – as part of the political, legal and administrative process – from copyright protection;deleted
2015/03/05
Committee: JURI
Amendment 257 #
Motion for a resolution
Paragraph 6
6. Calls on the Commission to safeguard public domain works, which are by definition not subject to copyright protection and should therefore be able to be used and re-used without technical or contractual barriers; also calls on the Commission to recognise the freedom of rightholders to voluntarily relinquish their rights and dedicate their works to the public domain;
2015/03/05
Committee: JURI
Amendment 272 #
Motion for a resolution
Paragraph 7
7. Calls on the Commission to harmonise the term of protection of copyright to a duration that does not exceed the current international standards set out in the Berne ConventionNotes that the term of protection has been harmonised at EU level since 2006 (with Directive 2006/116/EC); notes that Directive 2011/77/EU provides for simplification of the system, aligning the term of protection of related rights with that of copyright and setting out rules on co-authored works; encourages further rationalisation in the directive’s application throughout the EU;
2015/03/05
Committee: JURI
Amendment 279 #
Motion for a resolution
Paragraph 7
7. Calls on the Commission to harmonise the term of protection of copyright to a duration that does not exceed the current international standards set out in the Berne Conventionmaintain the high level of harmonisation of the term of protection of copyright, in accordance with the Berne Convention; emphasises that the term of protection for holders of related rights should also be harmonised;
2015/03/05
Committee: JURI
Amendment 292 #
Motion for a resolution
Paragraph 9
9. Notes that exceptions and limitations in the digital environment should be enjoyed without any unequal treatment as compared with those granted in the analogue worldmust be applied in such a way as to take account of the particular respective characteristics of the digital and analogue environments;
2015/03/05
Committee: JURI
Amendment 315 #
Motion for a resolution
Paragraph 10
10. Views with concern the increasing impact of differences among Member States in the implementation of exceptions, which creates legal uncertainty and has direct negative effects on the functioning of the digital single market, in view of the development of cross-border activitiesNotes that the room for manoeuvre left to Member States under the subsidiarity principle has made it possible to adapt the exceptions to social and economic realities in the Member States without creating obstacles to the functioning of the internal market;
2015/03/05
Committee: JURI
Amendment 335 #
Motion for a resolution
Paragraph 11
11. Calls on the Commission to make mandatory all the exceptions and limitations referred to in Directive 2001/29/EC, to allowensure the proper application of the exceptions and limitations and to provide all the information necessary to promote equal access to cultural diversity across borders within the internal market and to improve legal certainty;
2015/03/05
Committee: JURI
Amendment 343 #
Motion for a resolution
Paragraph 11
11. Calls on the Commission to make mandatoryensure the proper implementation of all the exceptions and limitations referred to in Directive 2001/29/EC, to allowand to provide all necessary information to promote an equal access to cultural diversity across borders within the internal market and to improve legal certainty, while ensuring respect for the principle of subsidiarity, cultural diversity and evidence of clear cross-border impact;
2015/03/05
Committee: JURI
Amendment 352 #
Motion for a resolution
Paragraph 11 h (new)
11h. Recalls the importance of SMEs in the cultural and creative industries in terms of job creation and growth in the European Union; stresses that the vast majority of SMEs in the cultural and creative industries take advantage of the flexibility of copyright rules to produce, invest and distribute cultural and creative works but also to develop innovative solutions which enable users to gain access to creative works on line adapted to the preferences and specificities of local markets;
2015/03/05
Committee: JURI
Amendment 359 #
Motion for a resolution
Paragraph 12
12. Notes with interest the development of new forms of use of works on digital networks, in particular transformative uses, and stresses in this connection the need for service-providers and technical intermediaries on the Internet to remunerate rightholders for the use of works on their platforms and networks;
2015/03/05
Committee: JURI
Amendment 361 #
Motion for a resolution
Paragraph 12
12. Notes with interest the development of new forms of use of works on digital networks, in particular transformative uses, and stresses that these should be subject to the same level of copyright protection while keeping the best balance between an efficient protection that provides for a proper remuneration for creators and the objective of the public interest for access to cultural goods and knowledge;
2015/03/05
Committee: JURI
Amendment 375 #
Motion for a resolution
Paragraph 13
13. CRecalls for the adoption of an open norm introducing flexibility in the interpretation of exceptions and limitations in certain special cases that dothat the exceptions and limitations should not conflict with the normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author or rightholder, while keeping the interpretation of exceptions and limitations on the level of Member States to permit the adaptation of the copyright system to different national circumstances and social needs;
2015/03/05
Committee: JURI
Amendment 379 #
Motion for a resolution
Paragraph 13
13. CRecalls for the adoption of an open norm introducing flexibility in the interpretation of exceptions and limitations in certain special cases that dothat exceptions and limitations must not conflict with the normal exploitation of the work and do notor unreasonably prejudice the legitimate interests of the author or rightholder; they are created for quite specific reasons and must be strictly applied by Member States;
2015/03/05
Committee: JURI
Amendment 392 #
Motion for a resolution
Paragraph 14
14. Urges the European legislator to ensure the technological neutrality and future- compatibility of exceptions and limitations by taking due account of the effects of media convergence; considers, in particular, that the exception for quotation should expressly include audio- visual quotations in its swhile serving the public interest by fostering incentives to create, finance and distribute new works and to make those works available to the public in new, innovative and compelling ways;
2015/03/05
Committee: JURI
Amendment 394 #
Motion for a resolution
Paragraph 14
14. Urges the European legislator to ensure the technological neutrality and future- compatibility of exceptions and limitations by taking due account of the effects of media convergence; considers, in particular, that the exception for quotation should expressly include audio- visual quotations in its scope;
2015/03/05
Committee: JURI
Amendment 401 #
Motion for a resolution
Paragraph 15
15. Stresses that the ability to freely link from one resource to another isby means of a hyperlink is indeed one of the fundamental building blocks of the internet; calls on the EU legislator to make, but that, itn clear that reference to works by means of a hyperlink is not subject to exclusive rights, as it does not consist inertain cases, the link and the incorporation may be regarded as a communication to a new public12; __________________ 12Order of the Court of Justice of 21 October 2014 in Case C-348/13, BestWater International GmbH v Michael Mebes and Stefan Potsch (request for a preliminary ruling from Germany’s Bundesgerichtshof). and, by virtue of that very fact, constitute a breach of copyright;
2015/03/05
Committee: JURI
Amendment 421 #
Motion for a resolution
Paragraph 16
16. Calls on the EU legislator to ensure that theonsiders that the commercial use of photographs, video footage or other images of works which are permanently located in physical public places is permittedshould always be subject to prior authorisation from the authors or any proxy acting for them;
2015/03/05
Committee: JURI
Amendment 431 #
Motion for a resolution
Paragraph 17
17. Emphasises that the exception for caricature, parody and pastiche should apply regardless of the purpose of the parodic use;deleted
2015/03/05
Committee: JURI
Amendment 449 #
Motion for a resolution
Paragraph 18
18. Stresses the need to enable automated analytical techniques for text and data (e.g. ‘text and data mining’) for all purposes, provided that permission to read the work has been acquired and that the rightholders have been remunerated;
2015/03/05
Committee: JURI
Amendment 469 #
Motion for a resolution
Paragraph 19
19. Calls for a broad exception for research and education purposes, which should cover not only educational establishments but any kind oflso educational or research activity, including non-formal educationies linked to an educational establishment or institution recognised by national authorities or legislation or within the purview of an educational programme;
2015/03/05
Committee: JURI
Amendment 475 #
Motion for a resolution
Paragraph 20
20. Calls for the adoption of a mandatory exception allowing libraries to lend books to the public in digital formats, irrespective of the place of accesRecognises the importance of libraries for access to knowledge; encourages the parties concerned to work out appropriate solutions to enable libraries to realise their potential in the digital environment, while respecting the interests of rightholders;
2015/03/05
Committee: JURI
Amendment 490 #
Motion for a resolution
Paragraph 21
21. Calls on the EU legislator to preclude Member States from introducing statutory licences for the compensation of rightholders for the harm caused by acts made permissible by an exception;deleted
2015/03/05
Committee: JURI
Amendment 510 #
Motion for a resolution
Paragraph 22
22. Calls for the adoption of harmonised criteria for defining the harm caused to rightholders in respect of reproductions made by a natural person for private use, and for harmonised transparency measures as regards the private copying levies put in place in some Member States13Believes that the private copying system is a virtuous system that balances the exception for copying for private use with the right to fair remuneration of rightholders, and that it is a system worth preserving; __________________ 13 As stated in António Vitorino’s recommendations of 31 January 2013 resulting from the latest mediation process conducted by the Commission in respect of private copying and reprography levies.
2015/03/05
Committee: JURI
Amendment 514 #
Motion for a resolution
Paragraph 22
22. CRecalls for the adoption of harmonised criteria for defining the harm caused to rightholders in respect of reproductions made by a natural person for private use, and for harmonised transparency measures as regards the private copying levies put in place in some Member States13the European Parliament resolution of February 2014 which underlined the importance of the system of remuneration for private copying in seeking to strike a balance between the interests of consumers and those of rightholders; __________________ 13 As stated in António Vitorino’s recommendations of 31 January 2013 resulting from the latest mediation process conducted by the Commission in respect of private copying and reprography levies.
2015/03/05
Committee: JURI
Amendment 519 #
Motion for a resolution
Paragraph 22
22. CRecalls for the adoption of harmonised criteria for definingthe importance of fair compensation for the harm caused to rightholders in respect of reproductions made by a natural person for private use, and for harmonised transparency measures as regards the private copying levies put in place in some Member States13; __________________ 13As stated in António Vitorino’s recommendations of 31 January 2013 resulting from the latest mediation process conducted by the Commission in respect of private copying and reprography levies.;
2015/03/05
Committee: JURI
Amendment 533 #
Motion for a resolution
Paragraph 23
23. StressNotes that the effective exercise of exceptions or limitations, and access to content that is not subject to copyright or related rights protection, should not be hindered by technological measuresis guaranteed by Article 6(4) 0f Directive 2001/29/EC;
2015/03/05
Committee: JURI
Amendment 547 #
Motion for a resolution
Paragraph 24
24. Recommends making legal protection against the circumvention of any effective technological measures conditional upon the publication of the source code or the interface specification, in order to secure the integrity of devices on which technological protections are employed and to ease interoperability; considers, in particular, that where the circumvention of technological measures is allowed, technological means to achieve such authorised circumvention must be available;deleted
2015/03/05
Committee: JURI
Amendment 548 #
Motion for a resolution
Paragraph 24
24. Recommends making legal protection against the circumvention of any effective technological measures conditional upon the publication of the source code or the interface specification, in order to secure the integrity of devices on which technological protections are employed and to ease interoperability; considers, in particular, that where the circumvention of technological measures is allowed, technological means to achieve such authorised circumvention must be available;deleted
2015/03/05
Committee: JURI
Amendment 556 #
Motion for a resolution
Paragraph 24 e (new)
24e. Calls on the Commission and the legislature to consider solutions for the displacement of value from content to services; stresses the need to adjust the definition of the status of intermediary in the current digital environment;
2015/03/05
Committee: JURI