26 Amendments of Eider GARDIAZABAL RUBIAL related to 2014/2256(INI)
Amendment 17 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that the copyright framework and its enforcement on the basis of the Charter of Fundamental Rights of the EU, that attains and safeguards a fair remuneration for artists, creators and rightholders plays a vital role in encouraging creativity, fostering cultural diversity and ensuring the creation of new creative and cultural content across the Union;
Amendment 38 #
Draft opinion
Paragraph 1 f (new)
Paragraph 1 f (new)
1f. Notes that several studies have demonstrated that the cultural and creative sectors, often copyright intensive, and are not only essential for cultural diversity but also significantly contribute to social and economic development;
Amendment 51 #
Motion for a resolution
Recital A
Recital A
A. whereas the European legal framework for copyright and related rights is central to the promotion of creativity and innovation, and to access to knowledge and information, and whereas adapting Directive 2001/29/EC to the digital age may give rise to the creation of new businesses and start-ups that would be a source of jobs for the future for young people;
Amendment 58 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas Article 167 of the Treaty on the Functioning of the European Union states that the European Union shall promote the flowering and diversity of the cultures of the Member States, particularly through artistic and literary creation;
Amendment 61 #
Motion for a resolution
Recital B
Recital B
B. whereas Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society was aimed at adapting legislation on copyright and related rights to reflect technological developments and the need for adjustments in order to ensure fair remuneration and adequate protection for holders of copyright and related rights in view of new consumer demands and challenges posed by the digital economy and society;
Amendment 70 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the European cultural and creative industries are an engine for economic growth and job creation in the EU, as they employ more than 7 million people and generate more than 4.2 % of EU GDP, and whereas cultural industries continued to create jobs during the economic crisis of 2008-2012;
Amendment 71 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that when Member States provide for exceptions and limitations they should ensure that creators or rightholders receive fair compensation and that the exceptions or limitations do not conflict with a normal exploitation of the work or subject-matter;
Amendment 84 #
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; and the right to intellectual property;
Amendment 100 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Encourages the Commission to safeguard the fair balance between all key actors in the creative process and supply chain in the copyright framework whilst fully respecting the Charter of Fundamental Rights of the European Union;
Amendment 181 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Acknowledges the necessity for authors and performers to be provided with legal protection for their creative and artistic work; recognises the role of producers and publishers in bringing works to the market, and the need for appropriate remuneration for all categories of rightholders; calls for improvements to the negotiating and contractual position of authors and performers in relation to other rightholders and intermediariesthe value chain in the digital age;
Amendment 218 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers the introduction of a single European Copyright Title on the basis of Article 118 TFEU that would apply directly and uniformly across the EU, in accordance with the Commission’s objective of better regulation, as a legal means to remedy the lack of harmonisation resulting from Directive 2001/29/ECUrges the Commission to put forward formulas to remedy the lack of harmonisation resulting from Directive 2001/29/EC, taking into account the need to provide balanced solutions that will help to overcome and/or improve cross- border access and portability of products and services based on new consumer demands;
Amendment 232 #
Motion for a resolution
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Highlights the importance of making headway in the tax harmonisation of the cultural sector within the EU, in order to reduce disparities between Member States and ensure balanced competition that rises above the existence of 28 different tax regimes;
Amendment 237 #
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 259 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to safeguard public domain works, which are by definition not subject to copyright protection and should therefore be able to be used and re-used without technical or contractual barriers; also calls on the Commission to recognise the freedom of rightholders to voluntarily relinquish their rights and dedicate their works to the public domain;
Amendment 270 #
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 289 #
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Emphasises that any legislative change in this field should guarantee people with disabilities access to works and services protected by copyright and related rights and should be adapted to the digital environment;
Amendment 301 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that exceptions and limitations in the digital environment should be enjoyed without any unequal treatment as compared with those granted in the analogue world, ensuring that holders of copyright and related rights receive a fair remuneration for their works;
Amendment 307 #
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 337 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to make mandatoryexamine a minimum of harmonisation of all the exceptions and limitations referred to in Directive 2001/29/EC, to allow equal access to cultural diversity across borders within the internal market and to improve legal certainty;
Amendment 360 #
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; emphasises the need to ensure copyright is protected to the same extent as in the analogue world;
Amendment 368 #
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 399 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses 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 itprovide 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 public12ification on cases in which the establishment of links does not constitute an act of communication to the original public in line with the judgment of the Court of Justice in C-466/12 of 13 February 2014, the Svensson case; __________________ 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 Bundesgerichtshof).
Amendment 457 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for a broad exception for research and education purposes, which should cover not only educational establishments but any kind of educational or research activity, including non-formal education run under the aegis of educational programmes or institutions;
Amendment 483 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls foron the adoption of a mandatory exception allowingCommission to examine ways for libraries to lend books to the public in digital formats, irrespective of the place of accesn compliance with copyright law and guaranteeing a fair remuneration for said rights;
Amendment 500 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the EU legislator to preclude Member States from introducing statutory licences for the compensation of rightholdersguarantee rightholders fair remuneration for the harm caused by acts made permissible by an exception;
Amendment 541 #
Motion for a resolution
Paragraph 24
Paragraph 24