49 Amendments of Christian EHLER related to 2014/2256(INI)
Amendment 1 #
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that the European's cultural and creative industries are an engine for economic growth and job creation in the EU, as they employ more than 7 million peoplEurope, employing 3.3% of the EU's workforce and generateing more than 4.2 % of the EU's GDP; emphasises that cultural industries continued to chighlights, however, that recent economic growth in the sector has mainly been generated by its ICT- relate jobs duringd activities whereas traditional activities have featured a significant decrease of their economic crisis of 2008-2012ontribution and employment rates;
Amendment 2 #
Motion for a resolution
Citation 1
Citation 1
– having regard to Articles 4, 26, 34, 114 and 11867 of the Treaty on the Functioning of the European Union (hereinafter ‘TFEU’),
Amendment 3 #
Motion for a resolution
Citation 1
Citation 1
– having regard to Articles 4, 26, 34, 114, 118 and 11867 of the Treaty on the Functioning of the European Union (TFEU),
Amendment 9 #
Motion for a resolution
Citation 2
Citation 2
– having regard to Articles 11, 13, 14, 16, 17, 22, 47 and 52 of the Charter of Fundamental Rights of the European Union,
Amendment 10 #
Motion for a resolution
Citation 2
Citation 2
– having regard to Articles 11, 13, 14, 16, 17, 22 and 52 of the Charter of Fundamental Rights of the European Union,
Amendment 14 #
Motion for a resolution
Citation 4
Citation 4
– having regard to the Berne Convention for the Protection of Literary and Artistic Works and the three-step test,
Amendment 17 #
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that copyright and related rights constitute the legal framework for the European cultural and creative industries and form the basis for their ability to generate economic activity and, employment, creativity and innovation;
Amendment 19 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. 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;
Amendment 21 #
Motion for a resolution
Citation 7 b (new)
Citation 7 b (new)
– having regard to the September 2013 intellectual property rights study carried out jointly by the European Patent Office (EPO) and the office for Harmonisation in the Internal Market (OHIM), entitled 'Intellectual property rights intensive industries: contribution to economic performance and employment in the European Union', which shows that about 39% of total economic activity in the EU, worth some EUR 4 700 billion a year, is generated by IPR-intensive industries, as is, in addition, 26% of direct employment (or 56 million jobs), with indirect employment accounting for a further 9% of the total number of jobs in the EU,
Amendment 22 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reiterates that the European Union should support its cultural and creative sectors, through a stable, clear and flexible legislative framework, allowing these industries to produce, invest and grow;
Amendment 25 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reassesses that copyright is one of the driving forces of innovation and creativity;
Amendment 26 #
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Emphasizes that the reform of the EU copyright framework should ensure a high level of protection for the rightholders, provide the necessary legal clarity and certainty, as well as the flexibility needed to foster investment and growth in the creative and cultural sector; highlights the necessity of removing the legal uncertainties and inconsistencies that adversely affect the functioning of the internal market;
Amendment 29 #
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. 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;
Amendment 31 #
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. 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.
Amendment 33 #
Draft opinion
Paragraph 3
Paragraph 3
3. Acknowledges the need to review Directive 2001/29/EC in order to ensure appropriate remuneration for copyright holders and appropriate protection of these rights in a changing and constantly evolving technological environment, which brings both opportunities and challenges;Deems it indispensable to strengthen the position of authors and creators and improve their remuneration with regard to the digital distribution and exploitation of their works.
Amendment 45 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasises that a reform of the EU's copyright acquis should continue to strengthen Europe's cultural and creative industries by improving legal certainty in the digital sphere for all involved parties, including rightsholders, businesses and users, and by setting incentives for innovative licensing schemes online and new business models for online distribution of content, thus allowing the sector to benefit from the digital revolution while safeguarding a balanced value chain.
Amendment 52 #
Motion for a resolution
Recital A
Recital A
A. whereas the European legal framework for copyright and related rights is central to the promotion of creativity and innovation, cultural diversity, economic growth, and to access to knowledge and information;
Amendment 53 #
Motion for a resolution
Recital A
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;
Amendment 60 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Suggests a review of the liability of service providers and intermediaries in order to clarify their legal status and liability with regards to copyrights, to guarantee that due diligence is exercised throughout the creative process and supply chain, and to ensure a fair remuneration for creators and rightholders within the European Union.
Amendment 64 #
Motion for a resolution
Recital B
Recital B
B. whereas Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society wais aimed at adapting legislation on copyright and related rights to reflect technological developments;
Amendment 75 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Takes note of the importance of territorial licenses in the EU, particularly with regards to audiovisual and film production which is primarily based on broadcasters pre-purchase or pre- financing systems;
Amendment 78 #
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Stresses that digital levies should be made 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;
Amendment 83 #
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that protection of copyright and related rights must respectPoints out that the rapid rate of technological development in the digital market calls for a technologically neutrality legislative framework for copyrights;
Amendment 88 #
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that protection of copyright and related rights must respect technological neutrality and be respected both online and offline;
Amendment 121 #
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Notes with concern that the value generated in the digital economy from the exploitation of copyright protected works is not fairly shared, including because of the taxation regime of services providers, with the rightholders; calls on the Commission to investigate the extent and the impact of this transfer of value to the internet intermediaries;
Amendment 128 #
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Supports the initiatives aimed at enhancing the portability, within the EU, of online services of legally acquired and legally made available content, whilst fully respecting copyrights and the interests of right-holders;
Amendment 132 #
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Acknowledges that Text and data Mining is an emerging and promising practice, in particular for the research field, recalls that innovative licensing solutions are established, but that any preferential treatment should only be applied for non-commercial use.
Amendment 134 #
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Urges to find a proper solution to ensure that no one should make a profit out of copyright infringements;
Amendment 168 #
Motion for a resolution
Paragraph 2 a (new)
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;
Amendment 169 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2c. 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;
Amendment 170 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2d. Alongside the important task of expanding functioning structures for the digital Single Market, steps must also be taken to ensure that the analogue Single Market continues to function properly;
Amendment 171 #
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Stresses that Europe's cultural and creative industries are an engine for economic growth and job creation in Europe, employing 3.3% of the EU's workforce and generating more than 4.2% of the EU's GDP; highlights, however, that recent economic growth in the sector has mainly been generated by its ICT-related activities whereas traditional activities have featured a significant decrease of their economic contribution and employment rates;
Amendment 173 #
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Points out that SMEs in the cultural and creative sectors are helping to make the EU more competitive and that they have considerable potential for creating jobs and growth;
Amendment 174 #
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Emphasises that a reform of the EU's copyright acquis should continue to strengthen Europe's cultural and creative industries by improving legal certainty in the digital sphere for all involved parties, including rightholders, businesses and users, and by setting incentives for innovative licensing schemes online and new business models for online distribution of content, thus allowing the sector to benefit from the digital revolution while safeguarding a balanced value chain;
Amendment 176 #
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. 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;
Amendment 177 #
Motion for a resolution
Paragraph 2 e (new)
Paragraph 2 e (new)
2e. Deems it indispensable to strengthen the position of authors and creators and improve their remuneration with regard to the digital distribution and exploitation of their works;
Amendment 201 #
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Notes that the existing definitions and scope of the exclusive rights for reproduction, for the communication to the public and for the making available to the public, and for distribution, need clarification to better fit the technological and cross-border nature of digital exploitation acts, and to facilitate the clearance of rights;
Amendment 207 #
Motion for a resolution
Paragraph 3 j (new)
Paragraph 3 j (new)
3j. Suggests to further investigate the effects and benefits from a country of origin approach in rights clearance to facilitate pan-European commercial services; recommends building upon existing best-practice solutions to cross- border access in the area of satellite broadcasting and cable retransmission;
Amendment 266 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Considers that the registration of works should be encouraged, in order to clearly identify and locate right holders, as well as to distinguish between copyrighted and non-copyrighted works, thus improving legal certainty, facilitating the licensing of rights and limiting the spread of orphan works; more broadly, is of the opinion that mechanisms allowing to identify the initial rightholder, the transfer of rights and the publication date of the work, should serve as a presumption of authorship;
Amendment 321 #
Motion for a resolution
Paragraph 10
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 activities and EU global competitiveness and innovation;
Amendment 323 #
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Supports the initiatives aimed at enhancing the portability, within the EU, of online services of legally acquired and legally made available content, whilst fully respecting copyrights and the interests of right-holders;
Amendment 325 #
Motion for a resolution
Paragraph 10 d (new)
Paragraph 10 d (new)
10d. 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;
Amendment 326 #
Motion for a resolution
Paragraph 10 e (new)
Paragraph 10 e (new)
10e. Takes note of the importance of territorial licenses in the EU, particularly with regards to audiovisual and film production which is primarily based on broadcasters pre-purchase or pre- financing systems;
Amendment 411 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Suggests a review of the liability of service providers and intermediaries in order to clarify their legal status and liability with regards to copyrights, to guarantee that due diligence is exercised throughout the creative process and supply chain, and to ensure a fair remuneration for creators and rightholders within the European Union.
Amendment 452 #
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Acknowledges that Text and data Mining is an emerging and promising practice, in particular for the research field, recalls that innovative licensing solutions are established, but that any preferential treatment should only be applied for non-commercial use.
Amendment 477 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for the adoption of a mandatory exceptionRecognises the importance of libraries for access to knowledge and calls for appropriate market-based solutions to be developed that allowing libraries to lend books to the public in digital formats, irrespective of the place of accesdevelop their potential in the digital environment while respecting the interests of all stakeholders, including consumers;
Amendment 509 #
Motion for a resolution
Paragraph 21 c (new)
Paragraph 21 c (new)
21c. Deplores the lack of harmonisation between Member States as regards the interpretation of Article 5.2 b of Directive 2001/29/EC on exceptions for reproductions on any medium made by a natural person for private use, and as regards the remuneration schemes to compensate for the prejudice to rightholders put in place in some Member States to allow for the fair compensation of the rightholders in relation to these acts of copying, which affects the functioning of the internal market;
Amendment 524 #
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Stresses that digital levies should be made 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;
Amendment 538 #
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Points out that the rapid rate of technological development in the digital market calls for a technologically neutral legislative framework for copyrights;