BETA

33 Amendments of Tadeusz ZWIEFKA related to 2016/0280(COD)

Amendment 111 #
Proposal for a directive
Recital 8
(8) New technologies enable the automated computational analysis of information in digital form, such as text, sounds, images or data, generally known as text and data mining. Those technologies allow researchers to process large amounts of information to gain new knowledge and discover new trends. Whilst text and data mining technologies are prevalent across the digital economy, there is widespread acknowledgment that text and data mining can in particular benefit the research community and in so doing encourage innovation. However, in the Union, research organisations such as universities and research institutes are confronted with legal uncertainty as to the extent to which they can perform text and data mining of content. In certain instances, text and data mining may involve acts protected by copyright and/or by the sui generis database right, notably the reproduction of works or other subject-matter and/or the extraction of contents from a database. Where there is no exception or limitation which applies, an authorisation to undertake such acts would be required from rightholders. Text and data mining may also be carried out in relation to mere facts or data which are not protected by copyright and in such instances no authorisation would be required.deleted
2017/04/28
Committee: JURI
Amendment 122 #
Proposal for a directive
Recital 9
(9) Union law already provides certain exceptions and limitations covering uses for scientific research purposes which may apply to acts of text and data mining. However, those exceptions and limitations are optional and not fully adapted to the use of technologies in scientific research. Moreover, where researchers have lawful access to content, for example through subscriptions to publications or open access licences, the terms of the licences may exclude text and data mining. As research is increasingly carried out with the assistance of digital technology, there is a risk that the Union's competitive position as a research area will suffer unless steps are taken to address the legal uncertainty for text and data mining.deleted
2017/04/28
Committee: JURI
Amendment 135 #
Proposal for a directive
Recital 10
(10) This legal uncertainty should be addressed by providing for a mandatory exception to the right of reproduction and also to the right to prevent extraction from a database. The new exception should be without prejudice to the existing mandatory exception on temporary acts of reproduction laid down in Article 5(1) of Directive 2001/29, which should continue to apply to text and data mining techniques which do not involve the making of copies going beyond the scope of that exception. Research organisations should also benefit from the exception when they engage into public-private partnerships.deleted
2017/04/28
Committee: JURI
Amendment 151 #
Proposal for a directive
Recital 11
(11) Research organisations across the Union encompass a wide variety of entities the primary goal of which is to conduct scientific research or to do so together with the provision of educational services. Due to the diversity of such entities, it is important to have a common understanding of the beneficiaries of the exception. Despite different legal forms and structures, research organisations across Member States generally have in common that they act either on a not for profit basis or in the context of a public- interest mission recognised by the State. Such a public-interest mission may, for example, be reflected through public funding or through provisions in national laws or public contracts. At the same time, organisations upon which commercial undertakings have a decisive influence allowing them to exercise control because of structural situations such as their quality of shareholders or members, which may result in preferential access to the results of the research, should not be considered research organisations for the purposes of this Directive.deleted
2017/04/28
Committee: JURI
Amendment 158 #
Proposal for a directive
Recital 12
(12) In view of a potentially high number of access requests to and downloads of their works or other subject- matter, rightholders should be allowed to apply measures where there is risk that the security and integrity of the system or databases where the works or other subject-matter are hosted would be jeopardised. Those measures should not exceed what is necessary to pursue the objective of ensuring the security and integrity of the system and should not undermine the effective application of the exception.deleted
2017/04/28
Committee: JURI
Amendment 163 #
Proposal for a directive
Recital 13
(13) There is no need to provide for compensation for rightholders as regards uses under the text and data mining exception introduced by this Directive given that in view of the nature and scope of the exception the harm should be minimal.deleted
2017/04/28
Committee: JURI
Amendment 302 #
Proposal for a directive
Recital 32
(32) The organisational and financial contribution of publishers in producing press publications needs to be recognised and further encouraged to ensure the sustainability of the publishing industry. It is therefore necessary to provide at Union level a harmonised legal protection for press publications in respect of digital uses. Such protection should be effectively guaranteed through the introduction, in Union law, of rights related to copyright for the reproduction and making available to the public of press publications in respect of digital uses.
2017/04/28
Committee: JURI
Amendment 337 #
Proposal for a directive
Recital 34
(34) The rights granted to the publishers of press publications under this Directive should have the same scope as the rights of reproduction and making available to the public provided for in Directive 2001/29/EC, insofar as digital uses are concerned. They should also be subject to the same provisions on exceptions and limitations as those applicable to the rights provided for in Directive 2001/29/EC including the exception on quotation for purposes such as criticism or review laid down in Article 5(3)(d) of that Directive.
2017/04/28
Committee: JURI
Amendment 370 #
Proposal for a directive
Recital 37 a (new)
(37 a) Despite the fact that more creative content is being consumed today than ever before, on services such as user- uploaded content platforms and content aggregation services, yielding significant profits, the creative sectors have not seen a comparable increase in revenues from this increase in consumption. The value of cultural and creative works has been diverted away from the authors, artists, producers and others rights holders, generating an unsustainable "value gap". This transfer of value, due to the lack of clarity regarding the status of these online services under copyright and e-commerce law, undermines the efficiency of the online market, distorts competition and drives down the overall value of cultural content online. It also limits consumer choice for new and innovative legitimate services in the European Digital Single Market and puts at risk cultural and creative industries that create significant jobs and growth for EU economy, as underlined by the European Parliament resolution of 13 December 2016 on a "coherent EU policy for cultural and creative industries (2016/2072(INI))"
2017/04/28
Committee: JURI
Amendment 372 #
Proposal for a directive
Recital 37 a (new)
(37 a) The creative sector contributes significantly both economically and culturally to the strength of the Union, and the importance of the sector has long been recognised by European Union legislation including Directive 2001/29/EC, which aims to guarantee a framework wherein the exploitation of works or other protected subject-matter can take place. The difficulties faced by rightholders when seeking to license their rights to certain online services and to receive remuneration for the online distribution of their works or other subject matter risk undermining that aim. To uphold a high level of protection that enables the creative sectors to continue to contribute culturally and economically to the Union it is necessary to ensure that legal certainty is provided both for rightholders and users of protected works or other subject-matter and that rightholders are able to negotiate copyright licenses with user – uploaded content services that distribute their content.
2017/04/28
Committee: JURI
Amendment 376 #
Proposal for a directive
Recital 37 b (new)
(37 b) Digital platforms are means of providing wider access to cultural and creative works and offer great opportunities for cultural and creative industries to develop new business models; consideration is to be made of how this process can function with more legal certainty and fairness and respect for right holders; importance of transparency and of ensuring a level playing field is necessary; in this regard, protection of right holders within the copyright and intellectual property framework is necessary in order to ensure recognition of values and stimulation of innovation, creativity, investment, to guarantee the success of a Digital Single Market, offering all diverse and quality cultural and creative works.
2017/04/28
Committee: JURI
Amendment 379 #
Proposal for a directive
Recital 37 c (new)
(37 c) This is why liability exemptions can only apply to genuinely neutral and passive online service providers, and not to services that play an active role in distributing, promoting and monetising content at the expense of creators.
2017/04/28
Committee: JURI
Amendment 393 #
Proposal for a directive
Recital 38 – paragraph 1
Where information society service providers store and provide access to the public to significant amounts of copyright protected works or other subject-matter uploaded by their users, therebyfore going beyond the mere provision of physical facilities and performing an act of communication to the public as well as an act of reproduction, they are obliged to conclude licensing agreements with rightholderes that request such agreements, unless they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council34 . _________________ 34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1–16).
2017/04/28
Committee: JURI
Amendment 412 #
Proposal for a directive
Recital 38 – paragraph 2
In respect of Article 14 of Directive 2000/31/EC, it is necessary to verify whether the service provider plays an active role, including by optimising the presentation of the uploaded works or subject-mattercontent provided by the service or promoting themsuch content, irrespective of the nature of the means used therefor.
2017/04/28
Committee: JURI
Amendment 417 #
Proposal for a directive
Recital 38 – paragraph 3
In order to ensure the functioning of any licensing agreement, information society service providers storing and providing access to the public to largesignificant amounts of copyright protected works or other subject- matter uploaded by their users should take appropriate and proportionate measures to ensure protection of works or other subject-matter, such as implementing effective technologies. This obligation should also apply when the information society service providers are, eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC, store and provide access to the public to significant amounts of copyright protected works or other subject-matter uploaded by their users.
2017/04/28
Committee: JURI
Amendment 429 #
Proposal for a directive
Recital 38 – paragraph 3 a (new)
For the implementation of such measures rightholders should provide the information society service providers with the necessary data to ensure the proper functioning of the measures they deployed. Rightholders should also provide due justification for the rights they claim.
2017/04/28
Committee: JURI
Amendment 440 #
Proposal for a directive
Recital 39
(39) Collaboration between information society service providers storing and providing access to the public to largesignificant amounts of copyright protected works or other subject-matter uploaded by their users and rightholders is essential for the functioning of technologies, such as content recognition technologies. In such cases, rightholders should provide the necessary data to allow the services to identify their content and the services should be transparent towards rightholders with regard to the deployed technologies, to allow the assessment of their appropriateness. The services should in particular provide rightholders with information on the type of technologies used, the way they are operated and their success rate for the recognition of rightholders' content. Those technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement. Given the requirements under this Directive in terms of agreements and cooperation between information society service providers and rightholders, it is necessary to provide an intermediary procedure for parties to seek an amicable solution to any dispute regarding the relevant provisions thereof. Members States should support such a mechanism by designating an impartial body with relevant experience and competence to assist the parties in the resolution of their dispute.
2017/04/28
Committee: JURI
Amendment 509 #
Proposal for a directive
Article 2 – paragraph 2
(2) ‘text and data mining’ means any automated analytical technique aiming to analyse text and data in digital form in order to generate information such as patterns, trends and correlations;deleted
2017/04/28
Committee: JURI
Amendment 524 #
Proposal for a directive
Article 2 – paragraph 4 a (new)
(4a) 'significant amount' means fairly large in quantity or relevant in quality in the sense of importance of the uploaded copyright protected works for the creative sector or the users;
2017/04/28
Committee: JURI
Amendment 529 #
Proposal for a directive
Article 3
Text and data mining 1. Member States shall provide for an exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC and Article 11(1) of this Directive for reproductions and extractions made by research organisations in order to carry out text and data mining of works or other subject-matter to which they have lawful access for the purposes of scientific research. 2. Any contractual provision contrary to the exception provided for in paragraph 1 shall be unenforceable. 3. Rightholders shall be allowed to apply measures to ensure the security and integrity of the networks and databases where the works or other subject-matter are hosted. Such measures shall not go beyond what is necessary to achieve that objective. 4. Member States shall encourage rightholders and research organisations to define commonly-agreed best practices concerning the application of the measures referred to in paragraph 3.Article 3 deleted
2017/04/28
Committee: JURI
Amendment 740 #
Proposal for a directive
Article 11 – title
Protection of press publications concerning digital uses
2017/04/28
Committee: JURI
Amendment 755 #
Proposal for a directive
Article 11 – paragraph 1
1. Member States shall provide publishers of press publications with the rights provided for in Article 2 and Article 3(2) of Directive 2001/29/EC for the digital use of their press publications.
2017/04/28
Committee: JURI
Amendment 795 #
Proposal for a directive
Chapter 3 a (new)
Chapter 3 a Protection of sport event organizers Member States shall provide sport event organizers with the rights provided for in Article 2 and Article 3 (2) of Directive 2001/29/EC and Article 7 of Directive 2006/115/EC.
2017/04/28
Committee: JURI
Amendment 803 #
Proposal for a directive
Article 13 – title
Use of protected content by information society service providers storing and giving access to large amounts ofsignificant amounts of copyright protected works and other subject-matter uploaded by their users
2017/04/28
Committee: JURI
Amendment 815 #
Proposal for a directive
Article 13 – paragraph 1
1. Information society service providers that store and provide to the public access to largesignificant amounts of copyright-protected works or other subject-matter uploaded by their users shall, in cooperation enter into fair licensing agreements with any requesting rightholder of such works or other subject matter. Under the terms of such agreements concluded with the rightholders, such information society service providers shall take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject-matter or. Where information society service providers are eligible to the liability exemption provided for in Article 14 of Directive 2000/31/EC but store and provide access to the public to significant amounts of copyright-protected works or other subject matter, such information society service providers shall take measures to prevent the availability on their services of works or other subject- matter identified by rightholders through the cooperation with the service providers. Those measures, such as the use of effective content recognition technologies, shall be appropriate and proportionate. The service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures, as well as, when relevant, adequate reporting on the recognition and use of the works and other subject-matter.
2017/04/28
Committee: JURI
Amendment 830 #
Proposal for a directive
Article 13 – paragraph 1 a (new)
1 a. Rightholders shall provide the information society service providers with the necessary data to ensure the proper functioning of the measures deployed by the providers in application of paragraph 1. The service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures, as well as, when relevant, adequate reporting on the recognition and use of the works and other subject-matter .
2017/04/28
Committee: JURI
Amendment 851 #
Proposal for a directive
Article 13 – paragraph 2 a (new)
2 a. Any complaint filed under the mechanism referred to in paragraph 2 shall be dealt with by the relevant rightholder within a reasonable period of time and in an effective manner. The rightholder shall provide due justification for the rights it claims.
2017/04/28
Committee: JURI
Amendment 854 #
Proposal for a directive
Article 13 – paragraph 2 b (new)
2 b. Member States shall provide that disputes between rightholders and information society service providers concerning the application of paragraph 1 of this Article may be submitted to an alternative dispute resolution mechanism. Member States shall create or designate an impartial body with relevant expertise to assist the parties in the resolution of their dispute under the mechanism provided for in the first subparagraph of this paragraph. No later than [date mentioned in Article 21(1)] Member States shall notify to the Commission the body referred to in second subparagraph of this paragraph.
2017/04/28
Committee: JURI
Amendment 858 #
Proposal for a directive
Article 13 – paragraph 3
3. Member States shall facilitate, where appropriate, the cooperation between the information society service providers and rightholders through stakeholder dialogues to define best practices, such as appropriate and proportionate content recognition technologies, taking into account, among others, the nature of the services, the availability of the technologies and their effectiveness in light of technological developments. In cooperation with the Member States, the Commission shall encourage the exchange of best practices regarding the results of any cooperation established pursuant to paragraph 1 of this Article.
2017/04/28
Committee: JURI
Amendment 866 #
Proposal for a directive
Article 13 – paragraph 3 a (new)
3 a. Member States shall implement proportionate and dissuasive remedies for non - compliance with the obligations set out in paragraph 1.
2017/04/28
Committee: JURI
Amendment 888 #
Proposal for a directive
Article 14 – paragraph 1
1. Member States shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector, timely, adequate, accurate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights, notably as regards modes of exploitation, modes of promotion, revenues generated and remuneration due.
2017/04/28
Committee: JURI
Amendment 944 #
Proposal for a directive
Article 15 – paragraph 1
Member States shall ensure that authors and performers or their representative organisations are entitled to request additional, appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low compared to the subsequent relevant revenues and benefits derived from the exploitation of the works or performances.
2017/04/28
Committee: JURI
Amendment 952 #
Proposal for a directive
Article 15 – paragraph 1 a (new)
Member States shall provide authors with a reversion right to enable them to terminate a contract when the other party fails to meet its obligation to exploit, to promote copyright-protected works or to pay the remuneration foreseen as well as when it does not meet its regular reporting duties as foreseen in Article 14(1).
2017/04/28
Committee: JURI