BETA

Activities of Jens ROHDE related to 2016/0280(COD)

Plenary speeches (3)

2016/11/22
Dossiers: 2016/0280(COD)

2016/11/22
Dossiers: 2016/0280(COD)

2016/11/22
Dossiers: 2016/0280(COD)

Amendments (28)

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, their libraries, museums and laboratories 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.

2017/04/28
Committee: JURI

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 acquired 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.

2017/04/28
Committee: JURI

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~~To prevent unjustified dissemination of the content necessary for text and data mining, research organisations should destroy the content reproduced for the purpose of text and data mining once all the acts necessary for the research have been performed. Research organisations should also benefit from the exception when they engage into public-private partnerships, provided that the text and data mining act performed relate directly to the purpose of the research carried out in the partnerhsip concerned.

2017/04/28
Committee: JURI

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 and non-commercial 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. Such research organisations include publicly funded universities, including their libraries, museums and laboratories if their primary goal is to provide educational services and to conduct scientific research. Organisations which seek to obtain a commercial profit on their investment in text and data mining should not be considered research organisations for the purpose of this Directive. At the same time, organisations upon which commercial undertakings have a ~~decisive~~significant 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.

2017/04/28
Committee: JURI

Proposal for a directive
Recital 24

(24) For the purpose of those licensing mechanisms, a rigorous and well- functioning collective management system is important. That system includes in particular rules of good governance, transparency and reporting, as well as the regular, diligent and accurate distribution and payment of amounts due to individual rightholders and make use of available technological developments, as provided for by Directive 2014/26/EU. Additional appropriate safeguards should be available for all rightholders, who should be given the opportunity to exclude the application of such mechanisms to their works or other subject-matter. Conditions attached to those mechanisms should not affect their practical relevance for cultural heritage institutions.

2017/04/28
Committee: JURI

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.deleted

2017/04/28
Committee: JURI

Proposal for a directive
Recital 33

(33) For the purposes of this Directive, it is necessary to define the concept of press publication in a way that embraces only journalistic publications, published by a service provider, periodically or regularly updated in any media, for the purpose of informing or entertaining. Such publications would include, for instance, daily newspapers, weekly or monthly magazines of general or special interest and news websites. Periodical publications which are published for scientific or academic purposes, such as scientific journals, should not be covered by the protection granted to press publications under this Directive. This protection does not extend to acts of hyperlinking which do not constitute communication to the public.deleted

2017/04/28
Committee: JURI

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.deleted

2017/04/28
Committee: JURI

Proposal for a directive
Recital 35

(35) The protection granted to publishers of press publications under this Directive should not affect the rights of the authors and other rightholders in the works and other subject-matter incorporated therein, including as regards the extent to which authors and other rightholders can exploit their works or other subject-matter independently from the press publication in which they are incorporated. Therefore, publishers of press publications should not be able to invoke the protection granted to them against authors and other rightholders. This is without prejudice to contractual arrangements concluded between the publishers of press publications, on the one side, and authors and other rightholders, on the other side.deleted

2017/04/28
Committee: JURI

Proposal for a directive
Recital 36

(36) Publishers, including those of press publications, books or scientific publications, often operate on the basis of the transfer of authors' rights by means of contractual agreements or statutory provisions. In this context, publishers make an investment with a view to the exploitation of the works contained in their publications and may in some instances be deprived of revenues where such works are used under exceptions or limitations such as the ones for private copying and reprography. In a number of Member States compensation for uses under those exceptions is shared between authors and publishers. In order to take account of this situation and improve legal certainty for all concerned parties, Member States should be allowed to determine that, when an author has transferred or licensed his rights to a publisher or otherwise contributes with his works to a publication and there are systems in place to compensate for the harm caused by an exception or limitation, publishers are entitled to claim a share of such compensation, whereas the burden on the publisher to substantiate his claim should not exceed what is required under the system in place.deleted

2017/04/28
Committee: JURI

Proposal for a directive
Article 3 – paragraph 1

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, public libraries and cultural heritage institutions in order to carry out text and data mining of works or other subject-matter to which they have acquired lawful access for the sole purposes of scientific research.

2017/04/28
Committee: JURI

Proposal for a directive
Article 4 – paragraph 1 – point a

(a) takes place on the premises of an educational establishment or through a secure electronic network, including through a secure network access by the dedicated users on their own devices, accessible only by the educational establishment's pupils or students and teaching staff;

2017/04/28
Committee: JURI

Proposal for a directive
Article 4 – paragraph 1 – point b

(b) is accompanied by the indication of the source, including the author's name, unless this ~~turns out to be impossible~~cannot be ascertained without disproportionate effort.

2017/04/28
Committee: JURI

Proposal for a directive
Article 4 – paragraph 4

4. Member States may provide for fair compensation for the harm incurred by the rightholders due to the use of their works or other subject-matter pursuant to paragraph 1. Any such compensation shall be paid in a lump-sum.

2017/04/28
Committee: JURI

Proposal for a directive
Article 5 – title

Preservation and accessibility of cultural heritage

2017/04/28
Committee: JURI

Proposal for a directive
Article 5 – paragraph 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, Article 4(1)(a) of Directive 2009/24/EC and Article 11(1) of this Directive, permitting cultural heritage institutions, including museums, to make copies of and allow access through a secure electronic network to any works or other subject- matter that are permanently in their collections or that they might legally acquire in the future, in any format or medium, for the sole purpose of and to the extent necessary for the preservation of such works or other subject-matter a~~nd to the extent necessary for such preservation~~s well as for cultural imparting.

2017/04/28
Committee: JURI

Proposal for a directive
Article 5 a (new)

Article 5 a 1. Member States shall provide for an exception or limitation to the rights provided for in Articles 2 and 3 of Directive 2001/29/EC and point (a) of Article 5 and Article 7(1) of Directive 96/9/EC, permitting the reproduction and use of works, such as works of architecture or sculpture, made to be located permanently in public places and created by private individuals, with the exception of any usage related to a commercial purpose. 2. Any contractual provision contrary to the exception provided for in this Article shall be unenforceable.

2017/04/28
Committee: JURI

Proposal for a directive
Article 10 – paragraph 1

Member States shall ensure that where parties wishing to conclude an agreement for the purpose of making available audiovisual works on video-on-demand platforms face difficulties relating to the licensing of audiovisual rights, they may rely on the assistance of an impartial body with relevant experience. That body shall provide assistance with negotiation and help reach agreements.

2017/04/28
Committee: JURI

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.~~deleted

2017/04/28
Committee: JURI

Proposal for a directive
Article 11 – paragraph 2

2. The rights referred to in paragraph 1 shall leave intact and shall in no way affect any rights provided for in Union law to authors and other rightholders, in respect of the works and other subject-matter incorporated in a press publication. Such rights may not be invoked against those authors and other rightholders and, in particular, may not deprive them of their right to exploit their works and other subject-matter independently from the press publication in which they are incorporated.deleted

2017/04/28
Committee: JURI

Proposal for a directive
Article 11 – paragraph 3

~~3. Articles 5 to 8 of Directive 2001/29/EC and Directive 2012/28/EU shall apply mutatis mutandis in respect of the rights referred to in paragraph 1.~~deleted

2017/04/28
Committee: JURI

Proposal for a directive
Article 11 – paragraph 4

4. The rights referred to in paragraph 1 shall expire 20 years after the publication of the press publication. This term shall be calculated from the first day of January of the year following the date of publication.deleted

2017/04/28
Committee: JURI

Proposal for a directive
Article 12 – paragraph 1

Member States may provide that where an author has transferred or licensed a right to a publisher, such a transfer or a licence constitutes a sufficient legal basis for the publisher to claim a share of the compensation for the uses of the work made under an exception or limitation to the transferred or licensed right.deleted

2017/04/28
Committee: JURI

Proposal for a directive
Article 13 – paragraph 1

1. Information society service providers that store and provide to the public access to significantly large amounts of works or other subject-matter uploaded by their users shall, in cooperation with rightholders, take measures to ensure the functioning of license agreements concluded with rightholders for the use of their works or other subject-matter or 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 and shall ensure the fair redistribution of value towards the rightholders. 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

Proposal for a directive
Article 14 – paragraph 1

1. Member States shall ensure that authors and performers ~~receive on a regular basis~~in case of contracts with ongoing payment obligations receive on a regular basis, and at least once a year, and taking into account the specificities of each sector, timely, adequate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights or from any other third party holding such information, notably as regards modes of exploitation, revenues generated and remuneration due.

2017/04/28
Committee: JURI

Proposal for a directive
Article 14 – paragraph 3

3. ~~Member States may decide that t~~The obligation in paragraph 1 does not apply when the contribution of the author or performer ihas no~~t significant having regard to the overall w~~ relevance with regard to the overall work or performance or when reporting obligations have been agreed by the parties, for example through collective bargaining agreements which are reflected in the terms of the contract with the authork or perform~~anc~~er or which are otherwise applicable.

2017/04/28
Committee: JURI

Proposal for a directive
Article 15 – paragraph 1

Member States shall ensure that authors and performers 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 unanticipated subsequent relevant net revenues and benefits derived from the exploitation of the works or performances. This mechanism shall guarantee fair compensation, taking into account the specificities of each sector.

2017/04/28
Committee: JURI

Proposal for a directive
Article 15 – paragraph 1 a (new)

Paragraph 1 shall not apply when the contribution of the author or performer is not significant having regard to the overall work or performance or a collective bargaining agreement is in place or forms the basis for an individual agreement.

2017/04/28
Committee: JURI