11 Amendments of Barbara MATERA related to 2016/0280(COD)
Amendment 49 #
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Amendment 59 #
Proposal for a directive
Recital 38 – paragraph 2
Recital 38 – paragraph 2
In respect of Article 14, it is necessary to verify whether the service provider plays an active role, including by optimising the presentation of the upload. Activities which amount to an active role include, but are not limited to, the arrangement, selection, promotion, and optimisation of the presentation of works or other protected subject-matter, irrespective of the nature of the means used therefor. In such cases, the service provider should not be considered to be merely hosting copyright protected works or other subject-matter or promoting them, irrespective of the nature of the means useduploaded by its users, should be ineligible for the liability exemption provided for in Article 14 of Directive 2001/29/EC and should be subject to the provisions thereofor.
Amendment 68 #
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 availability on their services of content not covered by such agreements, 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 consistent with prevailing technologies and industry best practices, and provided such technologies are reasonably commercially available. The implementation of such measures should ensure the balance between all fundamental rights, including the protection of intellectual property. 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.
Amendment 74 #
Proposal for a directive
Recital 38 a (new)
Recital 38 a (new)
(38a) Large amounts of copyright protected works or other subject-matter should be understood as meaning large amounts of works or subject-matter within the same category or categories. Categories should be interpreted broadly, and should include categories such as music, broadcasts, films, or computer games. Consequently, the obligations provided for in Article 13 should apply to information society service providers only in relation to the categories of works and other subject-matter that the service stores and provides access to in large amounts, and not to other categories.
Amendment 81 #
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
(39a) The use of appropriate and proportionate measures is essential for the functioning of online licensing and rights management purposes. Those measures can include, for example, content recognition technologies, or other types of measures that are appropriate and proportionate in relation to the type and the volume of the content, the size of the service provider etc. The market already exists and is expected to grow in a data- based economy. The existence of measures of this kind and the competition among developers of such measures should therefore encourage innovation and create a fair market that would cater to all service providers to which Article 13 applies, irrespective of their size, ensuring that SMEs’ access to such measures is affordable and simple. It is therefore appropriate to impose a clear legal obligation on service providers to use these measures. The implementation of those measures would not require the processing of personal data about the uploaders and hence would not pose any risk for their privacy. Furthermore, those measures involve the highly targeted technical cooperation of rightholders and information society service providers based on the data provided by rightholders in relation to specific identified works or subject-matter, and therefore do not lead to a general obligation for the service provider to monitor and find facts about any content uploaded by the users. The provision of Article 13 therefore is fully compatible with Article 15 of Directive 2000/31/EC and the Charter of Fundamental Rights of the European Union as well as the applicable Union legislation on data protection.
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.