Activities of Mary HONEYBALL related to 2014/2256(INI)
Plenary speeches (2)
Harmonisation of certain aspects of copyright and related rights (debate)
Harmonisation of certain aspects of copyright and related rights (A8-0209/2015 - Julia Reda) (vote)
Shadow reports (1)
REPORT on the implementation of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society PDF (204 KB) DOC (149 KB)
Amendments (65)
Amendment 5 #
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 6 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Given the importance of creative and cultural industries (CCI) in Europe and, given that employment in cultural industries cannot be easily outsourced, stresses the importance of the role of creative and cultural industries both in job creation and as an engine of growth for the European economy;
Amendment 12 #
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 13 #
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that copyright and related rights constitute the legal framework for the European cultural and creative industriesCCI sector and form the basis for their ability to generate economic activity and employment. Highlights that while the productivity of the CCI sector continues to grow, the earnings of rights- holders in the sector are decreasing;
Amendment 14 #
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. 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 16 #
Motion for a resolution
Citation 4
Citation 4
– having regard to the Berne Convention for the Protection of Literary and Artistic Works, and expressly to the Three Steps Test,
Amendment 17 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that the copyright framework and its enforcement on the basis of the Charter of Fundamental Rights of the EU, that attains and safeguards a fair remuneration for artists, creators and rightholders plays a vital role in encouraging creativity, fostering cultural diversity and ensuring the creation of new creative and cultural content across the Union;
Amendment 18 #
Motion for a resolution
Citation 5 a (new)
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,
Amendment 22 #
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Recalls that there is nothing within the current legal framework to prohibit the use of multi-territorial and pan- European licences, notes however that the demand for those licences remains weak, and stresses that these licences should remain optional; emphasizes that multi- territorial and pan-European licenses should ensure the fair remuneration of artists, creators and right-holders;
Amendment 26 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Emphasizes that any reform of the copyright framework should take as a basis of proportional and adequate 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 27 #
Motion for a resolution
Citation 9
Citation 9
Amendment 35 #
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Supports the initiatives aimed at enhancing the portability of online services of legally acquired and legally made available content within the Union, whilst fully respecting copyrights and the interests of right-holders;
Amendment 37 #
Motion for a resolution
Citation 17 a (new)
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)),
Amendment 38 #
Draft opinion
Paragraph 1 f (new)
Paragraph 1 f (new)
1f. Notes that several studies have demonstrated that the cultural and creative sectors, often copyright intensive, and are not only essential for cultural diversity but also significantly contribute to social and economic development;
Amendment 39 #
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; stresses that modernised copyright rules should achieve a fair balance between all parties involved: consumers, users, creators and right holders.
Amendment 40 #
Motion for a resolution
Citation 17 b (new)
Citation 17 b (new)
- having regard to its resolution of 11 September 2012 on the online distribution of audiovisual works in the European Union (2011/2313(INI)),
Amendment 43 #
Draft opinion
Paragraph 3
Paragraph 3
3. Acknowledges the need to review Directive 2001/29/EC in order to ensure appropriaten unwaiverable right to fair remuneration for copyright holders and appropriate protection of these rights in a changing and constantly evolving technological environment, which brings both opportunities and challenges;
Amendment 44 #
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that embedding and linking should notthe ability to link one resource to another or to embedd is an important feature of the internet, but stresses that under certain circumstances, in particular commercial uses, embedding and linking may be considered as acts of communication to thea new public and thus should not be subject to Article 3 of the directiveerefore may constitute an infringement to copyrights;
Amendment 55 #
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 65 #
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the multi-territorial licensing of rights under Directive 2014/26/EU as an example and a way of overcoming the fragmented internal market; encourages the development of balanced and flexible solutions that help overcome the existing barriers to cross-border access and availability of products and services; stresses that territorial fragmentation and differences in limitations and exceptions often create additional legal costs and exacerbate legal uncertainty; highlights that in order to allow equal access to cultural diversity and to improve legal certainty within the internal market and across borders, the Commission should consider making certain optional exceptions and limitations referred to in Directive 2001/29/EC mandatory.
Amendment 67 #
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 was aimed at adapting legislation on copyright and related rights to reflect technological developments, while providing for a high level of protection of intellectual property, taking as a basis the rights of creators, to foster investment in creativity and innovation and creative developments, and to safeguard employment and encourage job creation;
Amendment 71 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that when Member States provide for exceptions and limitations they should ensure that creators or rightholders receive fair compensation and that the exceptions or limitations do not conflict with a normal exploitation of the work or subject-matter;
Amendment 78 #
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Where exceptions and limitations are provided for, stresses the need for them to be targeted whilst reflecting modern digital use, and for clarity to the user with regards to the scope and limits of these exceptions and limitations in order to avoid consumer confusion and ensure legal certainty;
Amendment 84 #
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Recognises the importance of libraries for accessing knowledge and encourages the efforts made by the stakeholders to find solutions to allow libraries to make use of the digital environment while respecting the rightholders' interests; notes that the technology allows e-lending of e-books in a way that permits an effective control, making it similar to the lending of physical copies;
Amendment 89 #
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Recalls that the Marrakech Treaty will require the Union to have a mandatory exception to copyrights for the non- commercial uses to the benefit of persons with a disability, which are directly related to the disability, to the extent required by the specific disability;
Amendment 93 #
Motion for a resolution
Recital C
Recital C
C. whereas the Charter of Fundamental Rights protects the freedom of expression, the freedom of the arts and scientific research, the right to education and, the freedom to conduct a business, the right to property and the protection of intellectual property;
Amendment 94 #
Draft opinion
Paragraph 6
Paragraph 6
6. Highlights the fact that a general flexible exception should be introduced to offer a broader interpretation of the current exceptions based on the analogue model, while taking into account the freedom of expression and information, freedom of the arts and sciences and cultural, religious and linguistic diversity, as referred to in the Charter of Fundamental Rights of the European Unionis not adapted to the European legal system and would undermine the legal certainty necessary for both the consumers and the creative and cultural sectors;
Amendment 100 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Encourages the Commission to safeguard the fair balance between all key actors in the creative process and supply chain in the copyright framework whilst fully respecting the Charter of Fundamental Rights of the European Union;
Amendment 100 #
Motion for a resolution
Recital D
Recital D
Amendment 101 #
Draft opinion
Paragraph 7
Paragraph 7
7. Stresses that any legislative change in this area should ensure accessibility for people with disabilities to products and services protected by copyright and related rights; Notes the conclusion of the Marrakesh Treaty and requests that an exception be made to allow any person who cannot access a library because of their disability to receive library loans electronically.
Amendment 106 #
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the importance of allowing for content mining (also known as text and data mining) for research projects including both commercial and non- commercial purposes, provided that permission to read the work has been obtained.
Amendment 111 #
Draft opinion
Paragraph 8
Paragraph 8
8. Suggests a review of the liability of service providers to guarantee the dissemination of culture across the EU and in accordance withthat the situation of service providers and intermediaries in relation to the profit from exploitation of the Charter of Fundamental Rights of the European Union and the European Convention on Human Rightsist's work should be reviewed;
Amendment 111 #
Motion for a resolution
Recital E
Recital E
Amendment 117 #
Draft opinion
Paragraph 8 a (new)
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;
Amendment 118 #
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. Whereas measures that contribute to the further development of cultural interchange and improve legal certainty in the sector need to be considered;
Amendment 120 #
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Points out that the rapid rate of technological development in the digital market calls for a technologically neutral legislative framework for copyrights;
Amendment 124 #
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas the Directive 2011/77/EU of the European Parliament and of the Council of 27 September 2011 and the Directive 2006/116/EC of 12 December 2006 on the term of protection of copyright and certain related rights harmonised the terms of protection of copyright and neighbouring rights by establishing a complete harmonisation of the period of protection for each type of work and each related right in the Member States;
Amendment 148 #
Motion for a resolution
Paragraph 1
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 and encourages ongoing assessment of the issues; __________________ 11 Commission, DG MARKT, Report on the responses to the Public Consultation on the Review of the EU Copyright Rules, July 2014, p. 5.
Amendment 192 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Acknowledges the necessity for authors and performers to be provided with up-to-date, EU-wide legal protection for their creative and artistic work; recognises the role of producers and publishers in bringing works to the market, and the need for appropriate remuneration for all categories of rightholders; calls for improvements to the contractual position of authors and performers in relation to other rightholders and intermediaries;
Amendment 196 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Acknowledges the necessity for authors and performers to be provided with legal protection for their creative and artistic work; recognises the role of producers and publishers in bringing works to the market, and the need for appropriate remunerfair remuneration and compensation for all categories of rightholders; calls for improvements to the contractual position of authors and performecreators in relation to other rightholders and intermediaries;
Amendment 197 #
Motion for a resolution
Paragraph 3 – subparagraph 1 (new)
Paragraph 3 – subparagraph 1 (new)
Emphasises that any reform of the copyright framework needs to find the right balance between user access and fair remuneration and compensation for creators and other rightholders and should take as a basis the rights of creators, while taking into consideration the interest of small and medium-sized enterprises, 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 to the prejudice of consumers and rightholders;
Amendment 222 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. ConsidersInvites the Commission to explore the introduction of a single European Copyright Title on the basised ofn Article 118 TFEU that would apply directly and uniformly across the EU, in accordancUnion as a legal means to remedy the lack of harmonisation resulting from Directive 2001/29/EC and to improve legal certainty in line with the Commission’'s objective of better regulation, as a legal means to reme; therefore calls on the Commission to study the limpackt of harmonisation resulting from Directive 2001/29/ECa single European Copyright Title on digital jobs and innovation, and on the preservation of consumers' access to regional cultural diversity;
Amendment 243 #
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 258 #
Motion for a resolution
Paragraph 6
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 domainHighlights the need for a common definition of 'public domain' so as to ensure the widespread dissemination of cultural content across the EU;
Amendment 271 #
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 298 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that technological changes have led to renewed interest in exceptions and limitations, especially their role in the digital environment should be enjoyed without any unequal treatment as compared withand considers that the rights enjoyed by the creators of work in the digital world should be identical to those enjoyed in the analogue world, subject to the exceptions and limitations set out. Recognises that further analysis of the application of the exceptions and limitations is required so as to consider how thoese granted in the analogue world; can serve the public in the digital age;
Amendment 316 #
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 activitiesNotes the importance of European cultural diversity, which provides opportunities rather than obstacles to the Single Market, and notes that the differences in the implementation of exceptions may have negative effects on the functioning of the internal market, and may also lead to legal uncertainty, but that these should be handled on a case-by- case basis, while stressing that works of cultural value should be available to all to be enjoyed but should also be subject to copyright protection;
Amendment 317 #
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 onNotes the importance of European cultural diversity, which provides opportunities rather than obstacles to the Single Market, and notes that the possible differences in the implementation of exceptions may be handled on a case-by- case basis and market driven solutions , to avoid legal uncertainty and to protect the functioning of the digital single market, in view of the development of cross-border activities;
Amendment 344 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to make mandatory allexamine the application of minimum standards across the exceptions and limitations, and further to ensure the proper implementation of the exceptions and limitations referred to in Directive 2001/29/EC, to allowand an equal access to cultural diversity across borders within the internal market and to improve legal certainty;
Amendment 352 #
Motion for a resolution
Paragraph 11 h (new)
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;
Amendment 362 #
Motion for a resolution
Paragraph 12
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 proper remuneration and fair compensation for creators and the objective of the public interest for access to cultural goods and knowledge;
Amendment 376 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls for the adoption of an open norm introducing flexibility in the interpretation of exceptions and limitaa flexible interpretation of exceptions and limitations to exclusive rights, allowing to apply exceptions and limitations to uses that are similar to the ones in the original legal provisions, thereby ensuring that exceptions and limitations can be adapted to new forms of usage emerging due to technological change; such flexibility would be subject to the three-step-test, which grants limitations and exceptions in certain special cases that do not conflict with the normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author or rightholder;
Amendment 393 #
Motion for a resolution
Paragraph 14
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 fostering incentives to create, finance and distribute new works and to make those works available to the public in new, innovative and compelling ways;
Amendment 403 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that the ability to freely link from one resource to another is one of the fundamental building blocks of the internet; calls on the EU legislator to make it clear that reference to works by means of a hyperlink is not subject to exclusive rights, as it does not consist in a communication to a new public12 an important feature of the internet, but stresses that under certain circumstances, embedding and linking may be prejudicial to the rights of the creator; further stresses the need to accurately reflect the existing definitions and principles set out in European case law; __________________ 12 Order 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).
Amendment 423 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls onInvites the EU legislator to ensurrecognise that the use of photographs, video footage or other images of works which are permanently located in physical public places is permitted and should be considered to be in the public domain, where that use is for a non-commercial purpose or scale;
Amendment 439 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Emphasises that the existing limitation on the exception for caricature, parody and pastiche should apply regardless of the purposemust be kept to strike a fair balance between the interests and rights of the creators and original characters and the freedom of expression of the user of a protected work who is relying ofn the parodic use; exception for parody, and to avoid uncontrolled abuse12 a ; __________________ 12 a Order of the Court of Justice of 3 September 2014 in Case C-201/13 (J. Deckmyn)
Amendment 440 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Emphasises that the existing limitation on the exception for caricature, parody and pastiche should apply regardless of the purposemust be kept to strike a fair balance between the interests and rights of the creators and original characters and the freedom of expression of the user of a protected work who is relying ofn the parodic exception for parody, and to avoid uncontrolled abuse;
Amendment 443 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. StreInvites the Commission to assess the need to enable automated analytical techniques for text and data (e.g. ‘text and data mining’) for all purposeswhether data analysis activities could be covered by the exception for scientific research contained in Article 5.3.a) of the current Directive, which provides for an exception to the right of reproduction (Article 2) when the protected work is used, and whether it enables automated analytical techniques for text and data, provided that permission to read the work has been acquired;
Amendment 469 #
Motion for a resolution
Paragraph 19
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;
Amendment 479 #
Motion for a resolution
Paragraph 20
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 and encourages all stakeholders to enable libraries to realise their potential in the digital environment while respecting the rights of creators;
Amendment 495 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the EU legislator to preclude Member States from introducing statutory licences for thInvites the Commission to analyse the necessity of measures, if any, to be implemented by Member States so as to provide compensation tof rightholders for the harm caused by acts made permissible by an exception while they should ensure that rightholders receive fair compensation and that the exceptions or limitations do not conflict with a normal exploitation of the work or subject-matter and do not unreasonably prejudice the legitimate interests of the rightholder;
Amendment 504 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the EU legislator to preclude Member States from introducing statutory licences for thInvites the Commission to analyse the necessity of measures, if any, to be implemented by Member States so as to provide compensation tof rightholders for the harm caused by acts made permissible by an exception while they should ensure that rightholders receive fair compensation and that the exceptions of limitations do not conflict with a normal exploitation of the work or subject-matter and do not unreasonably prejudice the legitimate interests of the rightholder;
Amendment 515 #
Motion for a resolution
Paragraph 22
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 meaSuggests a review of the liability of service providers and intermediaries in order to clarify their legal status and liability with regards to copyright, in order to guarantee and to ensures as regards the private copying levies put in place in some Member States13 fair remuneration for creators and rightholders within the EU; __________________ 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.
Amendment 548 #
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 553 #
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Recognises the role of proportionate and effective enforcement in supporting creators, rightholders and consumers;