Activities of Axel VOSS related to 2016/0280(COD)
Legal basis opinions (1)
Copyright in the digital single market
Amendments (50)
Amendment 27 #
Proposal for a directive
Recital 31
Recital 31
(31) A free and pluralist press is essential to ensure quality journalism and citizens' access to information. It provides a fundamental contribution to public debate and the proper functioning of a democratic society. In the transition from print to digital, publishers of press publications are facing problems in licensing the online use of their publications and recouping their investments. News aggregators and search engines have increasingly developed their activities and are making profit from the content of press publishers. These profits are not shared fairly with the creators and publishers. In the absence of recognition of publishers of press publications as rightholders, licensing and enforcement in the digital environment isare often complex and inefficient.
Amendment 31 #
Proposal for a directive
Recital 32
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.
Amendment 34 #
Proposal for a directive
Recital 34
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. The protection granted to press publications under this Directive should also apply where the content is automatically generated by, for example, news aggregators.
Amendment 35 #
Proposal for a directive
Recital 35
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. Member States should ensure that a fair share of remuneration, derived from the use of the press publishers right, is attributed to journalists, authors and other rightholders.
Amendment 37 #
Proposal for a directive
Recital 37
Recital 37
(37) Over the lasrecent years, the functioning of the online content marketplace has gained in complexity. Online services providing access to copyright protected content uploaded by their users without the involvement of right holders have flourished and have become main sources of access to content online. Thereby, the providers of online services often make profits from content that they do not create, which are not always shared fairly with the respective creators. This affects rightholders' possibilities to determine whether, and under which conditions, their work and other subject-matter are used as well as their possibilities to get an appropriate remuneration for it.
Amendment 40 #
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37a) Today more creative content is being consumed than ever before. This mostly happens via platform services where content is uploaded by users, or via content aggregation services. At the same time, the revenues for the creative industries have not increased at anything like the same pace. This has generated a so-called 'value gap', where the providers of platform services retain the value of cultural and creative works, which is diverted from creators. The transfer of value has created an inefficient and unfair market, and threatens the long- term health of the Union's creative sector and the success of the Digital Single Market
Amendment 42 #
Proposal for a directive
Recital 37 b (new)
Recital 37 b (new)
(37b) Digital platforms are a means of providing wider access to cultural and creative works. They offer great opportunities for cultural and creative industries to develop new business models. How this process can be combined with greater legal certainty and respect for rightholders is therefore an issue that needs to be examined. It is of utmost importance to ensure transparency and a fair level playing field. The 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 and production of content.
Amendment 46 #
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 to the public and an act of reproduction, they are obliged to conclude licensing agreements with rightholders to protect the legitimate interest of the rightholder, 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 . This liability exemption can, however, only apply to totally neutral and passive online service providers, as defined in that Directive and in the case-law of the Court of Justice, and not to services that play an active role in distributing, promoting and exploiting content at the expense of creators. __________________ 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 85 #
Proposal for a directive
Recital 41 a (new)
Recital 41 a (new)
(41a) Member States should ensure that authors and performers receive proportionate and equitable remuneration of the revenues derived from the exploitation of their works.
Amendment 95 #
Proposal for a directive
Article 11 – paragraph 1
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, including an inalienable right to equitable remuneration for this use. That inalienable right to equitable remuneration can be enforced only by a collective management organisation.
Amendment 97 #
Proposal for a directive
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. The rights referred to in paragraph 1 shall not extend to acts of hyperlinking which do not constitute acts of communication to the public.
Amendment 99 #
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Member States shall ensure that journalists, authors and other rightholders have a fair share of the remuneration derived from the use of the rights referred to in paragraph 1 arising from a press publication.
Amendment 109 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Information society service providers that store andor provide to the public with access to large amounts of copyright- protected works or other subject-matter uploaded by their users shall, in cooperation with rightholders, take measures to ensure the functioning of, thereby going beyond the mere provision of physical facilities and performing an act of communication to the public, 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 proportiona obliged to conclude licensing agreements with rightholders. Those service providers shall not benefit from the liability exemption provided for in Article 14 of Directive 2000/31/EC. Those service providers shall, in cooperation with rightholders, take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject-matter. The sService providers sthall 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 thet are eligible for the liability exemption provided for in Article 14 of Directive 2000/31/EC shall, in cooperation with rightholders, take measures to ensure that the availability on their services of works andor other subject-matter identified by rightholders is prevented.
Amendment 116 #
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. The measures referred to in paragraph 1 shall include, for example, effective content recognition technologies. These measures shall be appropriate and proportionate. All 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.
Amendment 118 #
Proposal for a directive
Recital 8
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 and universities, university 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.
Amendment 140 #
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 basisupon request once a year at the most 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, notably as regards modes of exploitation, revenues generated and remuneration due. This claim does not apply to subordinate contributions to works.
Amendment 141 #
Proposal for a directive
Recital 10
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, as long as the company participating in the partnership also has legal access to the works or other protected subject matter.
Amendment 142 #
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States may decide that the obligation in paragraph 1 does not apply when the contribution of the author or performer is not significant having regard to the overall work or performance or when there is no significant link between the specific work or performance and those obliged to provide remuneration.
Amendment 154 #
Proposal for a directive
Recital 11
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, non- business basis or in the context of a public- interest mission recognised by the State. This applies, for example, to universities and their libraries as well as to museums, if the educational task or scientific research is the primary objective. 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 whose investment in text and data mining are profit-oriented or 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. In the event that a research organisation carries out text and data mining in the framework of a public- private partnership in favour of the economic enterprise, it is necessary that that the enterprise should also have a legal access to the works or other protected subject matter.
Amendment 285 #
Proposal for a directive
Recital 31
Recital 31
(31) A free and pluralist press is essential to ensure quality journalism and citizens' access to information. It provides a fundamental contribution to public debate and the proper functioning of a democratic society. In the transition from print to digital, publishers of press publications are facing problems in licensing the online use of their publications and recouping their investments. News aggregators and search engines have increasingly developed their activities and are making profit from the content of press publishers. These profits are not shared fairly with the creators and publishers. In the absence of recognition of publishers of press publications as rightholders, licensing and enforcement in the digital environment isare often complex and inefficient.
Amendment 304 #
Proposal for a directive
Recital 32
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.
Amendment 319 #
Proposal for a directive
Recital 33
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 notalso 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.
Amendment 332 #
Proposal for a directive
Recital 34
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. The protection granted to press publications under this Directive should also apply where the content is automatically generated by, for example, news aggregators.
Amendment 346 #
Proposal for a directive
Recital 35
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. Member States should ensure that a fair share of remuneration, derived from the use of the press publishers right, is attributed to journalists, authors and other rightholders.
Amendment 356 #
Proposal for a directive
Recital 36
Recital 36
(36) Publishers, including those of press publications, books or scientific publications or musical works, 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.
Amendment 364 #
Proposal for a directive
Recital 37
Recital 37
(37) Over the lasrecent years, the functioning of the online content marketplace has gained in complexity. Online services providing access to copyright protected content uploaded by their users without the involvement of right holders have flourished and have become main sources of access to content online. Thereby, the online services often make profits from content that they do not create, which are not always shared fairly with the concerned creators. This affects rightholders' possibilities to determine whether, and under which conditions, their work and other subject-matter are used as well as their possibilities to get an appropriate remuneration for it.
Amendment 374 #
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37a) Today more creative content is being consumed than ever before. This mostly happens via platform services where content is uploaded by users, or via content aggregation services. At the same time, the revenues for the creative industries have not increased at anything like the same pace. This has generated a so-called 'value gap', where platform services retain the value of cultural and creative works, which is diverted from creators. The transfer of value has created an inefficient and unfair market, and threatens the long-term health of the EU's creative sector and the success of the Digital Single Market.
Amendment 377 #
Proposal for a directive
Recital 37 b (new)
Recital 37 b (new)
(37b) Digital platforms are means of providing wider access to cultural and creative works. They offer great opportunities for cultural and creative industries to develop new business models. How this process can be combined with greater legal certainty and respect for rightholders is therefore an issue that needs to be examined. It is of utmost importance to ensure transparency and a fair level playing field. The 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 and production of content.
Amendment 389 #
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 to the public and an act of reproduction, they are obliged to conclude licensing agreements with rightholders to protect the legitimate interest of the rightholder, 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 . This liability exemption can, however, only apply to totally neutral and passive online service providers, as defined in the Directive on electronic commerce and in the case-law of the European Court of Justice, and not to services that play an active role in distributing, promoting and exploiting content at the expense of creators. _________________ 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, 17.07.2000, p. 1–16).
Amendment 472 #
Proposal for a directive
Recital 41 a (new)
Recital 41 a (new)
(41a) Member States shall ensure that authors and performers receive proportionate and equitable remuneration of the revenues derived from the exploitation of their works.
Amendment 498 #
Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 – introductory part
Article 2 – paragraph 1 – subparagraph 1 – introductory part
‘research organisation’ means a university including its libraries, a research institute or any other organisation the primary goal of which is to conduct scientific research or to conduct scientific research and provide educational services:
Amendment 522 #
Proposal for a directive
Article 2 – paragraph 4
Article 2 – paragraph 4
(4) ‘press publication’ means a fixation of a collection of literary works of a journalistic nature produced by one or several authors, which may also comprise other works or subject-matter and constitutes an individual item within a periodical or regularly-updated publication under a single title, such as a newspaper or a general or special interest magazine, having the purpose of providing information related to news or other topics and published in any media under the initiative, editorial responsibility and control of a service provider.
Amendment 540 #
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 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 non-commercial use, such as scientific research, for example.
Amendment 549 #
Proposal for a directive
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Copies of content obtained in accordance with the provisions of paragraph 1 may be stored and preserved in a secure way for the duration of the research. Research organisations shall delete the content reproduced for the purpose of text and data mining once all the activities necessary for the research have been performed.
Amendment 663 #
Article 5a Databases Member States shall provide courts, tribunals and authorities with the rights provided for in Article 2 and Article 3(2) of Directive 2001/29/EC for purposes of the administration of justice and public security.
Amendment 738 #
Proposal for a directive
Article 11 – title
Article 11 – title
Protection of press publications concerning digital uses
Amendment 746 #
Proposal for a directive
Article 11 – paragraph 1
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, including an unwaivable right to equitable remuneration for this use. That unwaivable right to equitable remuneration can be enforced only by a collective management organisation.
Amendment 758 #
Proposal for a directive
Article 11 – paragraph 1
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.
Amendment 770 #
Proposal for a directive
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. The rights referred to in paragraph 1 shall not extend to acts of hyperlinking which do not constitute acts of communication to the public.
Amendment 783 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The rights referred to in paragraph 1 shall expire 2015 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.
Amendment 784 #
Proposal for a directive
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Member States shall ensure that journalists, authors and other rightholders have a fair share of the remuneration derived from the use of the rights referred to in paragraph 1 arising from a press publication.
Amendment 814 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Information society service providers that store andor provide to the public with access to large amounts of copyright- protected works or other subject-matter uploaded by their users shall, in cooperation with rightholders, take measures to ensure the functioning of, thereby going beyond the mere provision of physical facilities and performing an act of communication to the public, agreements concluded obliged to conclude licensing agreements with rightholders for th. Those 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 proportionarvice providers shall not benefit from the liability exemption provided for in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council, since that applies only to totally neutral and passive online service providers. Those service providers shall, in cooperation with rightholders, take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject-matter. The sService providers sthall 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 thet are eligible for the liability exemption provided for in Article 14 of Directive 2000/31/EC shall, in cooperation with rightholders, take measures to ensure that the availability on their services of works andor other subject-matter identified by rightholders is prevented.
Amendment 831 #
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. The measures referred to in paragraph 1 shall include, for example, effective content recognition technologies. These measures shall be appropriate and proportionate. All 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.
Amendment 881 #
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 basisupon request once a year at the most 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, notably as regards modes of exploitation, revenues generated and remuneration due. This claim does not apply to subordinate contributions to works.
Amendment 885 #
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, but at least once a year and taking into account the specificities of each sector, precise, timely, adequate and sufficient information on the exploitation and promotion of their works and performances from those to whom they have licensed or transferred their rights, notably as regards modes of exploitation, revenues generated and remuneration due.
Amendment 907 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The obligation in paragraph 1 shall be proportionate and effective and shall ensure an appropriate high level of transparency in every sector. However, in those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance, Member States may adjust the obligation in paragraph 1, provided that the obligation remains effective and ensures an appropriate level of transparency.
Amendment 916 #
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
3. Member States may decide that the obligation in paragraph 1 does not apply when the contribution of the author or performer is not significant having regard to the overall work or performance or there is no significant link between the specific work or performance and those obliged to provide remuneration.
Amendment 926 #
Proposal for a directive
Article 15 – paragraph -1 (new)
Article 15 – paragraph -1 (new)
-1 Member States shall ensure that authors and performers are entitled to proportionate and equitable remuneration of the revenues derived from the exploitation of their works.
Amendment 943 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall furthermore 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 subsequent relevant revenues and benefits derived from the exploitation of the works or performances.
Amendment 959 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15 a Call-back right in the event of failure to exercise an exclusive right The Member States shall lay down provisions whereby authors and performers may recall an exclusive right of use where the holder of the exclusive right of use fails to exercise this right or does so only inadequately, thereby seriously violating the legitimate interests of the author.