19 Amendments of Milan ZVER related to 2014/2256(INI)
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 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 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 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 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 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 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 100 #
Motion for a resolution
Recital D
Recital D
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 154 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes with concern that the vast majority of end-user respondents report facing problems when trying to access online services across the Member States, particularly where technological protection measures are used to enforce territorial restrictioninterest the diversity of uses that technological development offers to consumers which may require further assessment to put forward measures for improving the flexibility of the current legal framework to respond to sustainable and actual demand on online content available across Member States;
Amendment 203 #
Motion for a resolution
Paragraph 3 f (new)
Paragraph 3 f (new)
3f. Notes that the right to private property is one of the fundaments of the modern society. Also notes that facilitation of access to educational materials and cultural goods is of extreme importance for the development of knowledge base society and that this should be taken into account by the legislators;
Amendment 207 #
Motion for a resolution
Paragraph 3 j (new)
Paragraph 3 j (new)
3j. Suggests to further investigate the effects and benefits from a country of origin approach in rights clearance to facilitate pan-European commercial services; recommends building upon existing best-practice solutions to cross- border access in the area of satellite broadcasting and cable retransmission;
Amendment 297 #
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 exceptions and limitations is sought so as to consider how thoese granted in the analogue worldcan serve the public in the digital age;
Amendment 361 #
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 a proper remuneration for creators and the objective of the public interest for access to cultural goods and knowledge;
Amendment 392 #
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 serving the public interest by 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 407 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. StressNotes 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 ; __________________ 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 Bundesge and underlines that any further legislation must accurately reflect the existing definitions and principles set in the European case law stating that when the hyperlink allows the recipients to circumvent the restrictions on access to the protected work so that can access the protected work which was otherwise unavailable to them, then this constitutes a communication to a new public and it is subject to exclusive ricghtshof).. __________________ 12
Amendment 422 #
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 public places is permitted; shall 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 478 #
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 accesRecognizes the importance of libraries for access to knowledge and encourages the rightholders to identify appropriate market-based solutions to enable libraries to realise their potential in the digital environment while respecting the interests of all stakeholders included consumers;