12 Amendments of Michèle RIVASI related to 2016/0280(COD)
Amendment 16 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7 a) In order to ensure that technological measures do not prevent the enjoyment of the exceptions and limitations established in this Directive, in Directive 2001/29/EC, Directive 96/9/EC, Directive 2009/24/EC or Directive 2012/28/EU, Article 6(4) of Directive 2001/29/EC needs to be updated in order to take account of the fact that in the marketplace, rightsholders are often unable to make available to the beneficiary of an exception or limitation the means of benefiting from that exception or limitation, because technological protection measures are generally not applied by the rightsholders themselves, but by third party suppliers who provide the content to consumers, such as online marketplaces, some of whom enjoy a dominant market position. The inability of users to make use of their rights under copyright exceptions and limitations is not just having a negative impact on users' fundamental rights, it is also detrimental to rightsholders who often find themselves in a weaker bargaining position vis-à-vis suppliers of digital content, especially when consumers are locked into the products and services offered by that seller through the use of technological measures. It is therefore insufficient to require Member States only to place obligations upon the rightsholders, who are generally unable to remove the technological protection measures put on their works by third parties. In addition, the act of circumventing technological protection measures for the purposes of enjoying exceptions and limitations to copyright and related rights needs to be exempted from the general legal protection of effective technological measures enshrined in Article 6(1) and 6(2) of Directive 2001/29/EC. Furthermore, the definition of "technological measures" in Article 6(3) of Directive 2001/29/EC needs to be clarified so as not to include measures which are designed to restrict authorised uses under copyright exceptions and limitations.
Amendment 137 #
Proposal for a directive
Article 3 – paragraph 1
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 to be made by research organisations in order to carry out text and data mining ofa natural or legal person who has lawful access to works orand other subject- matter to which they have lawful access, provided that reproduction or extraction is used for the sole purposes of scientific researchtext and data mining.
Amendment 140 #
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. Member States shall provide for rightholders who market works or other subject-matter primarily for research purposes, to have an obligation to allow public interest research organisations not having lawful access to those works or other subject- matter access to datasets that enable them to carry out only text and data mining. Member States may also provide for rightholders to have a right to request compensation for meeting this obligation as long as that compensation is related to the cost of formatting these datasets.
Amendment 153 #
Proposal for a directive
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4 a. Member States shall designate a facility to store datasets used in research by text and data mining technologies securely and to make such datasets accessible only for verification purposes. The European Commission shall elaborate guidelines and take steps in order to primarily achieve interoperability, with a view towards greater integration in the European Science Cloud;
Amendment 163 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) takes place on the premises of an educational establishmentis restricted to the specifically limited circle orf through a secure electronic network accessible only by the educational establishment'ose taking part in the teaching activity such as pupils or students and teaching staff;
Amendment 170 #
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
Member States may provide that the exception adopted pursuant to paragraph 1 does not apply generally or as regards specific types of works or other subject- matter, to the extent that adequate licenceextended collective licencing agreements authorising the acts described in paragraph 1 are easily available in the marketexist and are tailored to the needs and specificities of educational establishments.
Amendment 185 #
Proposal for a directive
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
In order to foster innovation and cooperation in the field of scientific research, Member States should establish national public platforms offering open access services. These platforms should be interoperable with public platforms of other Member States and with a European-wide platform, established by the European Union. Research works financed by public funds should be deposited on these public platforms after a period of six months for life sciences and 12 months for social sciences, regardless of existing licensing agreements.
Amendment 237 #
Proposal for a directive
Article 14 – paragraph 1
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, including scientific 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.
Amendment 251 #
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
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 unanticipated subsequent relevant net revenues and benefits derived from the exploitation of the works or performances.
Amendment 254 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States shall provide that disputes concerning the transparency obligation under Article 14 and the contract adjustment mechanism under Article 15 may be submitted to a voluntary, alternative dispute resolution procedure. The principles that needs to guide the dispute resolution are the celerity and the lowest cost for the authors and performers;
Amendment 256 #
Proposal for a directive
Article 17 – paragraph 2 – point b a (new)
Article 17 – paragraph 2 – point b a (new)
(b a) In Article 6, paragraph 3 is replaced by the following: For the purposes of this Directive, the expression "technological measures" means any technology, device or component that, in the normal course of its operation, is designed to prevent or restrict acts, in respect of works or other subject-matter, which are not authorised by the rightholder of any copyright or any right related to copyright as provided for by law or the sui generis right provided for in Chapter III of Directive 96/9/EC, and which are not authorised by national or Union law. Technological measures shall be deemed "effective" where the use of a protected work or other subject- matter is controlled by the rightholders through application of an access control or protection process, such as encryption, scrambling or other transformation of the work or other subject-matter or a copy control mechanism, which achieves the protection objective.
Amendment 257 #
Proposal for a directive
Article 17 – paragraph 2 – point b b (new)
Article 17 – paragraph 2 – point b b (new)
(b b) In Article 6(4), the following subparagraph is added: The protections provided for in paragraph 1 and 2 shall not apply to acts described in paragraph 1 and 2 whose sole purpose is to enable a user's right to enjoy the exceptions and limitations to copyright and related rights outlined in this Directive or in Directive 96/9/EC, Directive 2009/24/EC Directive 2012/28/EU or Directive ... [this directive], to the extent necessary to benefit from that exception or limitation and where that beneficiary has legal access to the protected work or subject-matter concerned;