9 Amendments of Brice HORTEFEUX related to 2016/0280(COD)
Amendment 52 #
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Where information society service providers store and provide access to the public to copyright protected works or other subject-matter uploaded by their users, thereby going beyond the mere provision of physical facilities and performing an act of communication and/or an act of reproduction to the public, they are obliged to conclude licensing agreements with rightholders requiring so, 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).
Amendment 67 #
Proposal for a directive
Recital 38 – paragraph 3
Recital 38 – paragraph 3
In order to ensure the functioning of any licensing agreement or to prevent the unauthorized availability on their services of copyright protected works or other subject-matter identified by rightholders, information society service providers storing and providing access to the public to large 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. Such licensing agreements should also cover the content uploaded by users of these services, as well as their liability, including where they perform an act of reproduction to the public and/or an act of communication to the public, insofar they act on a non-professional basis.
Amendment 79 #
Proposal for a directive
Recital 39
Recital 39
(39) Collaboration between information society service providers storing and providing access to the public to large 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. In accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council1a, those technologies should not require the identification of individual users and the processing of their personal data. __________________________ 1a Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 105 #
Proposal for a directive
Article 13 – title
Article 13 – title
Use of protected content by information society service providers storing and giving access to large amounts of works and other subject-matter uploaded by their users
Amendment 107 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Information society service providers that store and provide to the public access to large amounts ofcopyright protected works or other subject-matter uploaded by their users shall, in cooperation with rightholders, take measures to ensure the functioning ofgo beyond the mere provision of physical facilities and perform an act of communication to the public. They shall accordingly conclude licensing agreements with rightholders so requesting, unless they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC. Under the terms of the licensing agreements concluded with rightholders for the use of their works or other subject-matter or, information society service providers shall, in cooperation with rightholders, take measures to ensure the functioning of such agreements for the use of their works or other subject-matter. Licensing agreements concluded by the information society service providers shall cover the liability of their users, provided that users are not acting in a professional capacity. Information society service providers shall take appropriate measures to prevent the availability on their services of copyright protected works or other subject- matter identified by rightholders through the cooperation with the service providers, where those providers fall under one of the following categories: (a) they play an active part but are not required by rightholders to conclude a licensing agreement for works and other subject-matter stored by them and to which they provide public access or; (b) they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC but store and provide to the public access to copyright protected works or other subject-matter. 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 and timely reporting on the recognition and use of the works and other subject-matter. Rightholders shall provide information society service providers with all relevant and necessary details to ensure the functioning of measures taken by the service providers.
Amendment 120 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall ensure that the service providers referred to in paragraph 1 put in place complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraph 1. Any complaint filed under such mechanisms shall be processed by the relevant rightholder within a reasonable period of time. The rightholder shall provide evidence for the rights being claimed.
Amendment 129 #
Proposal for a directive
Article 13 – paragraph 3
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 across the Union regarding the results of any cooperation established pursuant to this Article.
Amendment 135 #
Proposal for a directive
Title IV – Chapter 2 a (new)
Title IV – Chapter 2 a (new)
CHAPTER 2a Protection of audiovisual authors for the making available of their works
Amendment 137 #
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Article 13a 1. Member States shall ensure that whenever an audiovisual author or performer transfers his/her right to a producer to authorise or to prohibit the making available of that work to the public, that author shall retain the right to obtain equitable remuneration for making such work available, provided that these measures are not included in the initial contract. 2. The right to equitable remuneration shall be proportionate to the revenues generated by the exploitation of the work. 3. The right to equitable remuneration shall be non-transferable and may not be waived.