2013/2114(INI) | [ParlTrack]

Motion for a resolution
Recital B

B. whereas cultural content plays a pivotal role in the digital economy, whereas Europe’s digital growth will depend in future on having a varied supply of high- quality cultural content, and whereas it has emerged from consultations and several independent surveys that the cultural and creative sectors are facing common challenges from digitisation ~~and~~, globalisation, a~~long with funding problem~~nd new business models, and that EU- level action is needed to resolve these problems jointly so that a digital single market can be created;

Amendment 100 #

Motion for a resolution
Paragraph 9

9. Takes the view that, accordingly, private copying levies ~~cannot~~should be collected ~~by a collective management organisation of a Member State if remuneration of the same kind has already been collected in another Member State~~only once in the case of cross-border transactions;

Amendment 101 #

Cecilia WIKSTRÖM, Christian ENGSTRÖM, Lidia Joanna GERINGER DE OEDENBERG

Motion for a resolution
Paragraph 9

9. Takes the view that, accordingly, private copying levies cannot be collected ~~by a collective management organisation of a Member State if remuneration of the same kind has already been collected in another Member State~~for the same product in several Member States; any levies unduly paid in a Member State other than that of the end user should be reimbursed;

Amendment 102 #

Motion for a resolution
Paragraph 9

9. Takes the view that~~, accordingly,~~ private copying levies ~~can~~should not be collected by a collective management organisation of aone Member State if remuneration of the same kind has already been collected in another Member State;

Amendment 103 #

Motion for a resolution
Paragraph 9 a (new)

9a. Takes the view that Member States in which levies are currently charged or collected should simplify and harmonise their levy rates;

Amendment 104 #

Cecilia WIKSTRÖM, Christian ENGSTRÖM, Lidia Joanna GERINGER DE OEDENBERG

Motion for a resolution
Paragraph 9 a (new)

9a. Calls for the principle of precluding any double payment of private copying levies where sales involve several Member States to be recognised at Community level; recommends, in this regard, that systems be established that provide for, on the one hand, the reimbursement or exemption of manufacturers and distributors where the levies paid concern exported products which had not been made available on the national market and, on the other hand, the possibility for rightholders to carry out checks and audits to determine the quantity of products imported, exported or made available on national markets.

Amendment 105 #

Motion for a resolution
Paragraph 10

10. Calls on the Member States, in consultation with all stakeholders, to simplify procedures for ~~setting the~~the phasing out of levies in such a way as to ensure fairness and objectivity;

Amendment 106 #

Cecilia WIKSTRÖM, Christian ENGSTRÖM, Lidia Joanna GERINGER DE OEDENBERG, Sajjad KARIM

Motion for a resolution
Paragraph 11

11. Stresses the need to make clear to consumers the role of the private copying system with regard to remuneration of artists and cultural dissemination; urges Member States and rightholders to replace their anti-piracy campaigns with ‘positive’ campaigns highlighting the benefits of private copying levies;deleted

Amendment 107 #

Motion for a resolution
Paragraph 11

11. Stresses the need to make clear to consumers the role of the private copying system with regard to remuneration of artists and cultural dissemination; urges Member States ~~and rightholders to replace~~to complement their anti- piracy campaigns with ‘positive’ campaigns highlighting the benefits of private copying levies;

Amendment 108 #

Motion for a resolution
Paragraph 11

11. Stresses the need to make clear to consumers the role of the private copying system with regard to remuneration of artists and cultural dissemination; urges Member States and rightholders to ~~replace their anti-piracy campaigns wit~~launch ‘positive’ campaigns highlighting the benefits of private copying levies;

Amendment 109 #

Cecilia WIKSTRÖM, Christian ENGSTRÖM, Lidia Joanna GERINGER DE OEDENBERG

Motion for a resolution
Paragraph 11

11. Stresses the need to make clear to consumers the role of the private copying system with regard to remuneration of artists and cultural dissemination; urges Member States and rightholders to ~~replac~~conduct, alongside their anti-piracy campaigns ~~with~~, ‘positive’ campaigns highlighting the benefits of private copying levies;

Amendment 11 #

Motion for a resolution
Recital B

B. whereas cultural content plays a pivotal role in the digital economy, whereas Europe's digital growth will depend in future on having a varied supply of high- quality cultural content, and whereas it has emerged from consultations and several independent surveys that the cultural and creative sectors are facing common challenges from digitisation and globalisation, along with funding problemse and artistic creation is integral to the digital economy, whereas expression of both high-end and mundane cultural content relies on equal access to Europe's digital growth, and whereas it has emerged from consultations that the European digital market still has not delivered on the promises of effective distribution, fair remuneration to creators and of fair and effective distribution of income within the cultural sector in general, and that EU-level action is needed to resolve these problems;

Amendment 110 #

Motion for a resolution
Paragraph 11

11. ~~Stresses the need to make clear to consumers the role of the private copying system with regard to remuneration of artists and cultural dissemination;~~ urges Member States and rightholders to replace their anti-piracy campaigns with ‘positive’ campaigns highlighting the ~~benefits of~~reasons for private copying levies for the remuneration of artists;

Amendment 111 #

Motion for a resolution
Paragraph 11

11. Stresses the need to make clear to consumers the role of the private copying system with regard to remuneration of artists and cultural dissemination; urges Member States and rightholders to ~~replace their~~accompany justified anti-piracy campaigns with ‘positive’ campaigns highlighting the benefits of private copying levies;

Amendment 112 #

Motion for a resolution
Paragraph 12

12. Takes the view that consumers must be informed of the amount and the purpose of the levy paid by them; urges the Commission and Member States accordingly, in consultation with manufacturers, importers, retailers and consumer associations, to ensure that this information is indicated on packaging and, as far as possible, on invoices and receipts issued to consumers;

Amendment 113 #

Motion for a resolution
Paragraph 12

12. Takes the view that consumers must be informed of the amount of the levy paid by them; urges the Commission and Member States accordingly~~, in~~ to consult~~ation~~ with manufacturers, importers, retailers and consumer associations~~, to ensure that this information is indicated on packaging and, as far as possible, on invoices and receipts issued to consumers~~;

Amendment 114 #

Motion for a resolution
Paragraph 12

12. Takes the view that consumers must be informed of the amount of the levy paid by them; urges the Commission and Member States accordingly, in consultation with manufacturers, importers, retailers ~~and~~, consumer associations and rightholders, to ensure that this information is indicated on packaging and, as far as possible, on invoices and receipts issued to consumers;

Amendment 115 #

Motion for a resolution
Paragraph 12

12. Takes the view that consumers must be informed of the amount and purpose of the levy paid by them; urges the Commission and Member States accordingly, in consultation with manufacturers, importers, retailers and consumer associations, to ensure that this information is indicated on packaging and, as far as possible, on invoices and receipts issued to consumers;

Amendment 116 #

Cecilia WIKSTRÖM, Christian ENGSTRÖM, Lidia Joanna GERINGER DE OEDENBERG

Motion for a resolution
Paragraph 12

12. Takes the view that consumers must be informed of the amount of the levy paid by them; and the use to which it is put;urges the Commission and Member States accordingly, in consultation with manufacturers, importers, retailers and consumer associations, to ensure that this information is indicated on packaging ~~and, as far as possible, on invoices and receipts issued to consumers~~;

Amendment 117 #

Motion for a resolution
Paragraph 12

12. Takes the view that consumers must be informed of the exact amount of the levy paid by them; urges the Commission and Member States accordingly, in consultation with manufacturers, importers, retailers and consumer associations, to ensure that this information is ~~indicated on packaging and, as far as possible,~~explicit on invoices and receipts issued to consumers at the retailer level;

Amendment 118 #

Motion for a resolution
Paragraph 12

12. Takes the view that consumers must be informed of the amount of the levy paid by them and, if possible, the use to which it is put; urges the Commission and Member States accordingly, in consultation with manufacturers, importers, retailers and consumer associations, to ensure that this information is indicated on packaging ~~and, as far as possible,~~or on invoices and receipts issued to consumers;

Amendment 119 #

Motion for a resolution
Paragraph 13

13. Urges Member States to adopt ~~more~~ transparent exemption ~~arrangement~~rules regarding professional uses to ensure that they are exempt, also in practice, from private copy levies in compliance with CJEU case law;

Amendment 12 #

Motion for a resolution
Recital C

C. whereas digitisation is having a huge impact on the way in which cultural goods are being produced, distributed, marketed and consumed, and whereas lower distribution costs and the appearance of new distribution channels can facilitate access to creative works and culture and improve the circulation of those works around the world; whereas the market opportunities for new services and businesses have increased enormously as a result;

Amendment 120 #

Cecilia WIKSTRÖM, Christian ENGSTRÖM, Lidia Joanna GERINGER DE OEDENBERG

Motion for a resolution
Paragraph 14

14. Calls on the Member States to ~~introduce efficient arrangements for the reimbursement of private copy levies where the media in question is used for professional purposes;~~ ensure that private copy levies never have to be paid where the media in question is used for professional purposes and that various arrangements for the reimbursement of levies paid for professional users are replaced with systems which guarantee that these users are not liable to pay the levy in the first place;

Amendment 121 #

Motion for a resolution
Subheading 3

Transparency regarding allocation of revenue ~~and cultural policy~~

Amendment 122 #

Motion for a resolution
Paragraph 16

16. Urges Member States to ensure greater transparency regarding the allocation of ~~revenue~~proceeds from private copying levies;

Amendment 123 #

Motion for a resolution
Paragraph 17

~~17. Calls on the Member States to earmark at least 25% of revenue from private copying levies to promote the creative and performance arts;~~deleted

Amendment 124 #

Motion for a resolution
Paragraph 17

~~17. Calls on the Member States to earmark at least 25% of revenue from private copying levies to promote the creative and performance arts;~~deleted

Amendment 125 #

Motion for a resolution
Paragraph 17

17. Calls on the Member States to earmark at least 25% of revenue from private copying levies to promote the creative and performance arts and their production;

Amendment 126 #

Cecilia WIKSTRÖM, Christian ENGSTRÖM, Lidia Joanna GERINGER DE OEDENBERG

Motion for a resolution
Paragraph 17

17. Calls on the Member States to earmark at least 235% of revenue from private copying levies to promote the creative and performance arts and young artists;

Amendment 127 #

Motion for a resolution
Paragraph 17

17. Calls on the Member States to earmark at least 25% of revenue from private copying levies to promote the ~~creative and performance arts~~smooth phasing out of the system as a whole;

Amendment 128 #

Cecilia WIKSTRÖM, Christian ENGSTRÖM, Lidia Joanna GERINGER DE OEDENBERG

Motion for a resolution
Paragraph 18

18. Calls on the Member States to publish reports on the allocation of ~~proceeds in open~~ resources for~~mat with interpretable data~~ the smooth phasing out of the system as a whole;

Amendment 129 #

Cecilia WIKSTRÖM, Christian ENGSTRÖM, Lidia Joanna GERINGER DE OEDENBERG

Motion for a resolution
Paragraph 19

~~19. Urges the organisers of cultural events and performances receiving funding from private copying levies to make their public more aware of this by means of additional publicity;~~deleted

Amendment 13 #

Motion for a resolution
Recital C

C. whereas digitisation is having a huge impact on the way in which cultural ~~goods are~~content is being produced, distributed, marketed and consumed, and whereas lower distribution costs and the ~~appearance~~increasing popularity of new distribution channels ~~can~~ facilitate access to creative works and culture ~~and~~thereby improveing the circulation of those works around the world and providing artists with new artistic and economic outlets;

Amendment 130 #

Motion for a resolution
Paragraph 20

20. Points out that private copying exemption arrangements enable consumers to copy freely their musical and audio-visual material from one medium or type of multimedia material to another without the need to seek the authorisation of rightholders, provided that this is for private use;deleted

Amendment 131 #

Motion for a resolution
Paragraph 20

20. Points out that ~~private copying exemption arrangements~~contractual arrangements between services providers and right holders are increasingly enabling the licensing of the reproduction right, enableing consumers to ~~copy freely~~access their musical and audio-visual material from ~~one medium or type of multimedia material to another without the need to seek the authorisation of rightholders, provided that this is for private use~~several devices;

Amendment 132 #

Cecilia WIKSTRÖM, Christian ENGSTRÖM, Lidia Joanna GERINGER DE OEDENBERG

Motion for a resolution
Paragraph 20

20. Points out that private copying exemption arrangements enable consumers to copy ~~freely~~ their musical and audio- visual material from one medium or type of multimedia material to another without the need to seek the authorisation of rightholders, provided that this is for private use and no protection measures have been taken;

Amendment 133 #

Motion for a resolution
Paragraph 20

20. Points out that private copying exemption arrangements enable consumers to copy freely their musical and audio- visual material from one medium or type of multimedia material to another without the need to seek the authorisation of rightholders, provided that this is for private use; and provided that reproduction of the works is not restricted by the application of technical protection mechanisms;

Amendment 134 #

Motion for a resolution
Paragraph 20

20. Points out that private copying exemption ~~arrangem~~gives citizents ~~enable consumers~~the right to copy freely their musical and audio-visual material from one medium or type of multimedia material to another without the need to seek the authorisation of rightholders, provided that this is for private use;

Amendment 135 #

Motion for a resolution
Paragraph 21

~~21. Calls for the elimination of technical protection measures causing an imbalance between freedom to copy and fair remuneration for rightholders under private copying arrangements;~~deleted

Amendment 136 #

Motion for a resolution
Paragraph 21

~~21. Calls for the elimination of technical protection measures causing an imbalance between freedom to copy and fair remuneration for rightholders under private copying arrangements;~~deleted

Amendment 137 #

Motion for a resolution
Paragraph 21

~~21. Calls for the elimination of technical protection measures causing an imbalance between freedom to copy and fair remuneration for rightholders under private copying arrangements;~~deleted

Amendment 138 #

Motion for a resolution
Paragraph 21

~~21. Calls for the elimination of technical protection measures causing an imbalance between freedom to copy and fair remuneration for rightholders under private copying arrangements;~~deleted

Amendment 139 #

Cecilia WIKSTRÖM, Christian ENGSTRÖM, Lidia Joanna GERINGER DE OEDENBERG

Motion for a resolution
Paragraph 21

~~21. Calls for the elimination of technical protection measures causing an imbalance between freedom to copy and fair remuneration for rightholders under private copying arrangements;~~deleted

Amendment 14 #

Motion for a resolution
Recital C

C. whereas digitisation is having a huge impact on the way in which cultural ~~good~~identities are being ~~produc~~expressed, distributed~~, marketed and consum~~ and developed, and whereas lower ~~distribution costs~~barriers for participation and the appearance of new distribution channels ~~can~~ facilitates access to creative works and culture and improve the circulation ~~of those works around the world~~, discovery and re-discovery of culture and artistic creation around the world and provides opportunities for creators and artists;

Amendment 140 #

Motion for a resolution
Paragraph 21

21. ~~Calls for the elimination~~Stresses that, particularly in the digital age, it is necessary to authorise the deployment of technical protection measures ~~causing an im~~to restore the balance between, freedom to ~~copy and fair remuneration~~make copies for pri~~ghtholders under private copying arrangemen~~vate use and exclusive copying rights;

Amendment 141 #

Cecilia WIKSTRÖM, Christian ENGSTRÖM, Lidia Joanna GERINGER DE OEDENBERG

Motion for a resolution
Paragraph 21

21. Calls for the elimination of technical protection measures ~~causing an imbalance between freedom to copy and fair remuneration for rightholders under private copying arrangemen~~which would impede the freedom of citizens to make use of their legal right to make copies for personal use as it also undermines a fair remuneration of artists;

Amendment 142 #

Motion for a resolution
Paragraph 21 a (new)

21a. Stresses that technical protection measures should not prevent consumers from making copies or rightholders from being fairly remunerated for private copying.

Amendment 143 #

Cecilia WIKSTRÖM, Christian ENGSTRÖM, Sajjad KARIM

Motion for a resolution
Paragraph 22

22. Points out that the implementation of exclusive rights does not guarantee all rightholders, and in particular performance artists, a fair and proportional share of revenue arising from the use of their works;deleted

Amendment 144 #

Motion for a resolution
Paragraph 22

Amendment 145 #

Motion for a resolution
Paragraph 22

22. Points out that the implementation of exclusive rights does not guarantee all rightholders, and in particular performance artists and certain categories of author in a number of Member States, a fair and proportional share of revenue arising from the use of their works;

Amendment 146 #

Motion for a resolution
Paragraph 23

23. Observes that, despite permanent access to online works, downloading, storage and private copying for offline use is continuing; takes the view that a private copying levy system cannot therefore be replaced by a licencing system;deleted

Amendment 147 #

Motion for a resolution
Paragraph 23

23. Observes that, despite permanent access to online works, downloading, storage and private copying for offline use is continuing; takes the view that a private copying levy s~~ystem cannot therefore be replaced by a~~upplements the licencing system;

Amendment 148 #

Motion for a resolution
Paragraph 23

23. ~~Observes that, despite permanent access to online works,~~In the view of downloading, storage and private copying for offline use ~~is continuing;~~ takes the view that a private copying levy system ~~cannot therefore be replaced by~~remains complementary to a licencing system;

Amendment 149 #

Motion for a resolution
Paragraph 23

23. ~~Observes that, despite~~Takes the view that, because of permanent access to online works, downloading, storage and private copying for offline use ~~is continuing; takes the view that a private copying levy system cannot therefore be replaced by a licencing system~~will decline without, however, becoming negligible; believes therefore that licencing systems will become increasingly important;

Amendment 15 #

Motion for a resolution
Recital C a (new)

Ca. whereas the author's claim to protection for his creative work and right to equitable remuneration for that work must also exist in the digital age;

Amendment 150 #

Cecilia WIKSTRÖM, Christian ENGSTRÖM, Lidia Joanna GERINGER DE OEDENBERG

Motion for a resolution
Paragraph 23

23. Observes that, ~~despite~~in addition to permanent access to online works, licensing practices may enable downloading, storage and private copying for offline use ~~is continuing~~; takes the view that a private copying levy system ~~cannot~~s are therefore ~~be replac~~complemented by a licencing ~~system~~practices;

Amendment 151 #

Motion for a resolution
Paragraph 23

23. Observes that~~, despite permanent access to online works, download~~ storage and copying of works for offline use is increasing with increasing, storage ~~and private copying for offline use is continuing~~capacity of storage media; takes the view that a private copying levy system cannot therefore be ~~replaced by a licencing system~~upheld and has to be phased out;

Amendment 152 #

Motion for a resolution
Paragraph 23

23. Observes that, despite permanent access to online works, downloading, storage and private copying for offline use is continuing, that opportunities for the legal downloading and storage of music and audiovisual material will be welcomed by consumers and that measures to encourage such legal alternatives is the most effective way of preventing infringements of the law; takes the view that a private copying levy system cannot therefore be replaced by a licencing system;

Amendment 153 #

Cecilia WIKSTRÖM, Christian ENGSTRÖM, Lidia Joanna GERINGER DE OEDENBERG

Motion for a resolution
Paragraph 23

Amendment 154 #

Motion for a resolution
Paragraph 23

23. Observes that, despite permanent access to online works, downloading, storage and private copying for offline use is continuing; takes the view therefore that a private copying levy system cannot therefore in every case be replaced by a licencing system; stresses, however, that preference should always be given to licencing models if no copies of the copyright work are saved on the user's terminal equipment and that, where the rightholder already receives a fair share of proceeds through licencing models, there is no need for an additional flat-rate levy;

Amendment 155 #

Motion for a resolution
Paragraph 23 a (new)

23a. Notes that the modern digital economy is providing a large multitude of online services where some services technically require copying of the content and others do not and where some of these services would thus be subject to private copying levies and others would not; takes the view that a private copying levy system should therefore be phased out in order not to discriminate between services;

Amendment 156 #

Motion for a resolution
Paragraph 24

~~24. Stresses that, as for online services, contractual authorisations cannot be allowed to prevail to the detriment of private copying exception arrangements;~~deleted

Amendment 157 #

Motion for a resolution
Paragraph 24

~~24. Stresses that, as for online services, contractual authorisations cannot be allowed to prevail to the detriment of private copying exception arrangements;~~deleted

Amendment 158 #

Motion for a resolution
Paragraph 24

24. Stresses that, as for online services, contractual authorisations ~~cannot be allowed to prevail to the detriment of~~are supplemented by private copying exception arrangements;

Amendment 159 #

Motion for a resolution
Paragraph 24

24. Stresses that, as for online services, contractual authorisations can~~not~~ be ~~allowed to prevail to the detriment of private copying exception arrangement~~supplemented by private copying levies;

Amendment 16 #

Motion for a resolution
Recital C b (new)

Cb. whereas digital private copying has taken on major economic importance as a result of technological progress and the shift to the Internet and Cloud, and the existing system of private copying levies does not take sufficient account of developments in the digital age; whereas there is currently no alternative approach in this area that would ensure appropriate remuneration for the rightholder and at the same time make private copying possible; whereas a discussion therefore needs to be conducted in the long term on a more efficient and up-to-date approach that takes more account of technological progress;

Amendment 160 #

Motion for a resolution
Paragraph 24

24. Stresses that~~, as for online services, contractual authorisations cannot be allowed to prevail to the detriment of private copying exception arrangement~~ private copying exception arrangements should apply to certain online services, including certain cloud computing services;

Amendment 161 #

Cecilia WIKSTRÖM, Christian ENGSTRÖM, Lidia Joanna GERINGER DE OEDENBERG

Motion for a resolution
Paragraph 24

24. Stresses that, as for online services, contractual authorisations concerning private copies cannot be allowed to prevail to the detriment of ~~private copying~~the exception arrangements for this private copying;

Amendment 162 #

Motion for a resolution
Paragraph 24

24. Stresses that, as for online services, contractual authorisations can~~not be~~ exist allo~~wed to prevail to the detriment of~~ngside or as an alternative to private copying exception arrangements;

Amendment 163 #

Motion for a resolution
Paragraph 24

24. Stresses that~~, as for online services, contractual authorisations cannot be allowed to prevail to the detriment of private copying exception arrangem~~ licensing provisions should not limit the legal rights of citizens to make private copies of legally acquired contents;

Amendment 164 #

Motion for a resolution
Paragraph 24

24. Stresses that, as for online services, ~~contractual authorisa~~licencing conditions cannot be allowed to prevail to the detriment of private copying exception arrangements;

Amendment 165 #

Motion for a resolution
Paragraph 24 a (new)

24a. The enforcement of exclusive rights, which is the primary means of exercising copyright and related rights, particularly in the digital environment, does not allow effective and proper control over the private use of protected works and items;

Amendment 166 #

Motion for a resolution
Paragraph 25

25. Takes the view that private copies of protected works made using cloud computing technology may have the same purpose as those made using traditional and/or digital recording media and materials; considers that these copies should be taken into account by the private copying compensation mechanisms;deleted

Amendment 167 #

Motion for a resolution
Paragraph 25

Amendment 168 #

Motion for a resolution
Paragraph 25

Amendment 169 #

Motion for a resolution
Paragraph 25

Amendment 17 #

Motion for a resolution
Recital D

D. whereas the proposal for a Directive on the collective management of copyright and related rights currently being discussed ~~reinforces that approach to the management of copyright,~~ plac~~ing~~es particular emphasis on the transparency of the flows of remuneration collected, distributed and paid to rightholders by collecting societies~~, including for private copying~~;

Amendment 170 #

Motion for a resolution
Paragraph 25

Amendment 171 #

Cecilia WIKSTRÖM, Christian ENGSTRÖM, Lidia Joanna GERINGER DE OEDENBERG

Motion for a resolution
Paragraph 25

25. Takes the view that ~~private~~ copies of protected works made using cloud computing technology may in some cases have the same purpose as those made using traditional and/or digital recording media and materials; considers that these copies shcould be taken into account by the private copying compensation mechanisms;

Amendment 172 #

Motion for a resolution
Paragraph 25

25. Takes the view that private copies of protected works made using new cloud computing technology may have ~~the same~~new purposes as compared to those made using traditional and/or digital recording media and materials; considers that ~~these copies should be taken into account by the~~such new media and services should not be included in current private copying compensation mechanisms;

Amendment 173 #

Ivo BELET

Motion for a resolution
Paragraph 25

25. Takes the view that private copies of protected works made by natural persons using cloud computing technology may have the same purpose as those made using traditional and/or digital recording media and materials as far as these copies fulfil the conditions of Article 5(2)(b) and article 5(5) of Directive 2001/29/EC; considers that these copies should be taken into account by the private copying compensation mechanisms; Stresses however that cloud computing services that are directly or indirectly part of a commercial activity cannot be covered by the private copy exception; Therefore calls on the Commission to assess the legitimacy of music or audiovisual services which claim to be based on the private copying exception, in particular their impact on the development of legal offers;

Amendment 174 #

Motion for a resolution
Paragraph 26

26. Calls on the Commission to assess the impact on the private copying system of the use of cloud computing technology for the private recording and storage of protected works, so as to determine how these private copies of protected works should be taken into account by the private copying compensation mechanisms;deleted

Amendment 175 #

Motion for a resolution
Paragraph 26

Amendment 176 #

Cecilia WIKSTRÖM, Christian ENGSTRÖM, Lidia Joanna GERINGER DE OEDENBERG

Motion for a resolution
Paragraph 26

Amendment 177 #

Motion for a resolution
Paragraph 26

26. Calls on the Commission to assess the impact on the private copying system of the use of cloud computing technology for the private recording and storage of protected works, so as to determine ~~how~~whether these private copies of protected works should be taken into account by the private copying compensation mechanisms and, if so, how this should be done ;

Amendment 178 #

Motion for a resolution
Paragraph 26

26. Calls on the Commission to assess the impact on the private copying system of the use of cloud computing technology for the private recording and storage of protected works, so as to determine how these private copies of protected works should be ~~taken into account by the~~excluded from private copying compensation mechanisms;

Amendment 179 #

Cecilia WIKSTRÖM, Christian ENGSTRÖM, Lidia Joanna GERINGER DE OEDENBERG

Motion for a resolution
Paragraph 26 a (new)

26a. Calls on the Commission to assess the impact on private copying systems of the use of cloud computing services for private recording and storage of protected works, so as to determine how these private copies of protected works should be taken into account by private copying compensation mechanisms; stresses the need to look into the legal arrangements for cloud computing services as regards the principles of intellectual property.

Amendment 18 #

Motion for a resolution
Recital D

D. whereas the proposal for a Directive on the collective management of copyright and related rights currently being discussed reinforces that ~~approach to~~ the management of copyright~~, placing~~ requires particular emphasis on the transparency of the flows of remuneration collected, distributed and paid to rightholders by collecting societies, including for private copying;

Amendment 180 #

Motion for a resolution
Paragraph 27

Amendment 181 #

Motion for a resolution
Paragraph 27

Amendment 182 #

Motion for a resolution
Paragraph 27

Amendment 183 #

Motion for a resolution
Paragraph 27

Amendment 184 #

Cecilia WIKSTRÖM, Sajjad KARIM

Motion for a resolution
Paragraph 27

Amendment 185 #

Motion for a resolution
Paragraph 27

Amendment 186 #

Motion for a resolution
Paragraph 27

Amendment 187 #

Eija-Riitta KORHOLA

Motion for a resolution
Paragraph 27

Amendment 188 #

Luigi BERLINGUER

Motion for a resolution
Paragraph 27

27. Ccalls on the Commission and Member States to examine the ~~possibility of legalising works sharing for non-~~interpretation of the copying behaviours in the digital environment, and comme~~rcial purposes~~ forward with solutions, so as to guarantee consumers access to a wide variety of content and real choice in terms of cultural diversity;

Amendment 189 #

Motion for a resolution
Paragraph 27

27. Calls on the Commission and Member States to ~~examine the possibility~~assess the impact of legalising works sharing for non- commercial purposes so as to guarantee consumers access to a wide variety of content and real choice in terms of cultural diversity;

Amendment 19 #

Motion for a resolution
Recital E

E. whereas under Directive 2001/29 /EC, Member States may provide for an exception or limitation to the rightholder's exclusive reproduction right for certain types of reproduction of audio, visual and audio-visual material for private use, accompanied by fair remuneration for the rightholder, and may allow consumers in countries that have introduced that limitation to copy their music and audio- visual collections from one medium or type of multimedia material to another freely and as frequently as they wish, unless they are protected by technological protection measures, without seeking authorisation from the rightholders, provided this is for their private use; whereas any levies should be calculated on the basis of the possible harm to the rightholders resulting from the private copying act in question;

Amendment 190 #

Motion for a resolution
Paragraph 27

27. Calls on the Commission and Member States to examine the possibility of legalising works sharing for non- commercial purposes so as to guarantee consumers access to a wide variety of content and real choice in terms of cultural diversity und put forward possible solutions to facilitate the non-commercial and transformative use of works in the everyday digital world without complicated rights clearance procedures and free of legal uncertainty;

Amendment 2 #

Motion for a resolution
Citation 4

– having regard to the judgments of the Court of Justice of the European Union, particularly in cases C-467/08, Padawan v SGAE, of 21 October 2010, C-462/09, Stichting de Thuiskopie v Opus Supplies Deutschland GmbH and others, of 16 June 2011, C-277/10, Martin Luksan v Petrus van der Let, of 9 February 2012, C-457/11 – C-460/11, VG Wort v Kyocera Mita and others, of 27 June 2013, and C-521/11, Austro Mechana v Amazon, of 11 July 2013,

Amendment 20 #

Cecilia WIKSTRÖM, Christian ENGSTRÖM, Lidia Joanna GERINGER DE OEDENBERG

Motion for a resolution
Recital E

E. whereas under Directive 2001/29 /EC, Member States may provide for an exception or limitation to the reproduction right for certain types of reproduction of audio, visual and audio-visual material for private use, accompanied by fair remuneration, and may allow consumers in countries that have introduced that limitation to copy their music and audio- visual collections from one medium or type of multimedia material to another freely and as frequently as they wish, without se eking authorisation from the rightholders, provided this is for their private use; ~~whereas any levies should be calculated on the basis of the possible harm to the rightholders resulting from the private copying act in question;~~

Amendment 21 #

Motion for a resolution
Recital E

E. whereas under Directive 2001/29 /EC, Member States may provide for an exception or limitation to the reproduction right for certain types of reproduction of audio, visual and audio-visual material for private use, accompanied by fair remuneration, and may allow consumers in countries that have introduced that limitation to copy their music and audio- visual collections from one medium or type of multimedia material to another freely and as frequently as they wish, without se eking authorisation from the rightholders, provided this is for their private use; whereas ~~any levies should be calculated~~the pervasive nature and ubiquitous presence of digital works makes calculation of levies on the basis of the possible harm to the rightholders resulting from the private copying act ian ~~question~~impossible task;

Amendment 22 #

Motion for a resolution
Recital E

E. whereas under Directive 2001/29 /EC, Member States may provide for an exception or limitation to the reproduction right for certain types of reproduction of audio, visual and audio-visual material for private use, accompanied by fair remuneration, and may allow consumers in countries that have introduced that limitation to copy their music and audio- visual collections from one medium or type of multimedia material to another ~~freely and as frequently as they wish~~, without seeking authorisation from the rightholders, provided this is for their private use; whereas any levies should be calculated on the basis of the possible harm to the rightholders resulting from the private copying act in question;

Amendment 23 #

Motion for a resolution
Recital E a (new)

Ea. whereas the concept of private copying levies is founded on the false assumption that consumers who make private copies would otherwise have bought multiple licensed copies of the same audio, visual or audio-visual material;

Amendment 24 #

Cecilia WIKSTRÖM, Christian ENGSTRÖM, Lidia Joanna GERINGER DE OEDENBERG

Motion for a resolution
Recital F

F. whereas the sum total of private copying levies collected in 23 of the 28 EU Member ~~has more than tripled since Directive 2001/29/EC came into force and~~States, according to the Commission’s estimates, now stands at over EUR 600 million~~, and~~; whereas ~~this constitutes a considerable amount for the artists~~, however, these figures should always be considered in relation to the overall amount contributed to gross value added by the creative sector;

Amendment 25 #

Motion for a resolution
Recital F

F. whereas the sum total of private copying levies collected in 23 of the 28 EU Member has more than tripled since Directive 2001/29/EC came into force and, according to the Commission's estimates, now stands at over EUR 600 million, and whereas this constitutes ~~a considerable amou~~less than 17% of the amount EUR 3.6 billion worth of liabilities to rightholders major collective management for ~~the artists~~ganisations had accumulated in 2010;

Amendment 26 #

Motion for a resolution
Recital G

~~G. whereas these levies only constitute a small proportion of the turnover of manufacturers and importers of traditional and digital recording media and material;~~deleted

Amendment 27 #

Motion for a resolution
Recital G

~~G. whereas these levies only constitute a small proportion of the turnover of manufacturers and importers of traditional and digital recording media and material;~~deleted

Amendment 28 #

Motion for a resolution
Recital G

G. whereas these levies only constitute a ~~small~~minute proportion of the turnover – estimated to total more than EUR 1 000 billion – of manufacturers and importers of traditional and digital recording media and material, which for the most part are non- European companies;

Amendment 29 #

Motion for a resolution
Recital G

G. whereas thesre ~~levies only constitute a small proportion of the turnover of~~are now virtually no European manufacturers ~~and~~or importers of traditional and digital recording media and material; whereas the non-European companies operating on the market today usually transfer their operations to sites enabling them to produce ever more cheaply; and whereas these levies only constitute a small proportion of their turnover;

Amendment 3 #

Cecilia WIKSTRÖM, Christian ENGSTRÖM, Lidia Joanna GERINGER DE OEDENBERG

Motion for a resolution
Citation 4

– having regard to the judgments of the Court of Justice of the European Union, particularly in cases C-467/08, Padawan v SGAE, of 21 October 2010, C-457/11 – C-460/11, VG Wort v Kyocera Mita and others, of 27 June 2013, ~~and~~ C-521/11, Austro Mechana v Amazon, of 11 July 2013, and C-462/09, Stichting de Thuiskopie v Opus Supplies Deutschland GmbH and others, of 16 June 2011,

Amendment 30 #

Motion for a resolution
Recital G

G. whereas these levies ~~only constitute a small proportion of the turnover of manufacturers and importers of~~, in some cases, constitute a substantial percentage of the price consumers pay for traditional and digital recording media and material;

Amendment 31 #

Motion for a resolution
Recital G a (new)

Ga. whereas many mobile terminals allow copying for private purposes in theory but are in fact not used for this purpose; calls, consequently, for long-term discussions to be conducted with a view to developing a more efficient and up-to-date approach that may not necessarily be based on a flat-rate levy on equipment;

Amendment 32 #

Motion for a resolution
Recital G a (new)

Ga. whereas when the prices at which material sells in a country that charges the levy are compared with those in one that does not, it becomes clear that the private copying levy has no appreciable impact on the prices of products;

Amendment 33 #

Motion for a resolution
Recital I

I. whereas Directive 2001/29/EC and the case law of the Court of Justice of the European Union do not require Member States to see that rightholders receive direct payment of the full levy collected for private copying, and whereas the Member States have broad powers of discretion to establish that part of that remuneration should be paid indirectly; whereas there must be no discrimination between national and EU rightholders as regards access to cultural and social payments from social and cultural funds;

Amendment 34 #

Motion for a resolution
Recital J

J. whereas the private copying levy is paid by consumers when purchasing recording or storage media or services ~~and they are therefore entitled to know of its existence and quantum~~irrespective of whether the intended use of those media or services is for the purpose of private copying of audio, visual and audio-visual material;

Amendment 35 #

Motion for a resolution
Recital K

K. whereas media and material prices do not vary according to the different rates of private copying levy applied across the Union, and whereas the abolition of private copying levies in Spain in 2012 has had no impact on media and material prices;deleted

Amendment 36 #

Cecilia WIKSTRÖM, Christian ENGSTRÖM, Lidia Joanna GERINGER DE OEDENBERG

Motion for a resolution
Recital K

Amendment 37 #

Motion for a resolution
Recital K

K. whereas media and material prices do ~~not~~ vary according to the different rates of private copying levy applied across the Union,; whereas manufacturers cross- subside levies across the EU in cases where levies are a very significant proportion of the purchase price of a device; and whereas the abolition of private copying levies in Spain in 2012 has had no impact on media and material prices;

Amendment 38 #

Motion for a resolution
Recital L

L. whereas disparities exist between the various models and collection rates for private copying levies and between their impact on ~~consumers and the single market; and whereas~~the single market; whereas a European framework needs to be laid down in order to afford a high degree of transparency for rightholders, manufacturers and importers of equipment, consumers, and service providers across the Union; and whereas, in so far as this is possible, a European framework should be created that guarantees that equivalent conditions apply to rightholders, consumers, manufacturers and importers of equipment and service providers across the Union;

Amendment 39 #

Cecilia WIKSTRÖM, Christian ENGSTRÖM, Lidia Joanna GERINGER DE OEDENBERG

Motion for a resolution
Recital L

L. whereas disparities exist between the various models and collection rates for private copying levies and between their impact on consumers and the single market; and whereas, to preserve the underlying stability of the system in the digital age in these days of the single market, the royalty arrangements in many Member States should be modernised and a European framework ~~should be~~ created that guarantees that equivalent conditions apply to rightholders, consumers, manufacturers and importers of equipment and service providers across the Union;

Amendment 4 #

Motion for a resolution
Citation 4

–- having regard to the judgments of the Court of Justice of the European Union, particularly in cases C-467/08, Padawan v. SGAE, of 21 October 2010, C-462/09, Stichting de Thuiskopie v. Opus and others, of 16 June 2011, C-457/11 – C- 460/11, VG Wort v. Kyocera Mita and others, of 27 June 2013, and C-521/11, Austro Mechana v. Amazon, of 11 July 2013,

Amendment 40 #

Motion for a resolution
Recital L

L. whereas disparities exist between the various models and collection rates for private copying levies and between their impact on consumers and the single market; and whereas a European framework should be created that guarantees that equivalent conditions apply to rightholders, consumers, manufacturers and importers of equipment and service providers across the Union until levies have been phased out;

Amendment 41 #

Motion for a resolution
Recital M

M. whereas the exemption and reimbursement arrangements for professional uses which have been introduced in the Member States have to be effective; whereas in some Member States these arrangements are far from satisfactory and ~~the~~ judicial decisions ~~adopted in some Member States~~ have not been applied;

Amendment 42 #

Motion for a resolution
Recital M

M. whereas the exemption and ~~reimburse~~payment arrangements for professional uses which have been introduced in the Member States are ~~far from satisfacto~~necessary and the judicial decisions adopted in some Member States have not always been applied;

Amendment 43 #

Motion for a resolution
Recital N

N. whereas in the case of online music sales, licence-granting practices are ~~being viewed as an alternative to~~supplemented by the system of private copying levies;

Amendment 44 #

Motion for a resolution
Recital N

N. whereas in the case of online music sales, licence-granting practices are ~~being viewed as an alternative~~complementary to the system of private copying levies;

Amendment 45 #

Motion for a resolution
Recital N

N. whereas in the case of online music sales, licence-granting practices are ~~being viewed as~~present an alternative to the system of private copying levies;

Amendment 46 #

Motion for a resolution
Recital N

N. whereas in the case of online music sales, licence-granting practices ~~are being viewed as~~may provide an alternative to the system of private copying levies until a more efficient and up-to-date approach can be found;

Amendment 47 #

Motion for a resolution
Recital N

N. whereas in the case of online ~~music~~works, both in terms of access and sales, licence- granting practices are ~~being viewed as an alternative to~~complementary the system of private copying levies;

Amendment 48 #

Cecilia WIKSTRÖM, Christian ENGSTRÖM, Lidia Joanna GERINGER DE OEDENBERG

Motion for a resolution
Recital N

N. whereas in the case of online ~~music~~ sales, ~~licence-granting practices are being viewed as an alternative to the system of private copying levie~~additional levies should not give rise to double payments;

Amendment 49 #

Motion for a resolution
Recital N a (new)

Na. whereas in the digital field in particular the classic copying process is being replaced by streaming systems where no copy of the copyrighted works is placed on the user's terminal, and preference should therefore be given to licensing models in these cases;

Amendment 5 #

Motion for a resolution
Citation 6 a (new)

- having regard to the impact assessment accompanying the document "Proposal for a Directive of the European Parliament and of the Council on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online uses in the internal market

Amendment 50 #

Cecilia WIKSTRÖM, Christian ENGSTRÖM, Lidia Joanna GERINGER DE OEDENBERG, Sajjad KARIM

Motion for a resolution
Paragraph 1

1. Points out that the cultural sector provides 5 millions of jobs in the EU and 2.6 % of its GDP, that it is one of the main drivers for growth in Europe and a wellspring for new and non-relocatable jobs, and that it stimulates innovation and offers an effective means of combating the current recessioncontributes to its GDP, and is therefore in need of a modern legal framework adapted to the digital market;

Amendment 51 #

Cecilia WIKSTRÖM, Christian ENGSTRÖM, Lidia Joanna GERINGER DE OEDENBERG, Sajjad KARIM

Motion for a resolution
Paragraph 1 a (new)

1a. Notes that only some Member States have opted to introduce an exception for private copying, with compensation for right holders, and that the cultural sector is a strong driving force for growth also in Member States which have not opted to impose private copy levies;

Amendment 52 #

Cecilia WIKSTRÖM, Christian ENGSTRÖM, Lidia Joanna GERINGER DE OEDENBERG

Motion for a resolution
Paragraph 1 b (new)

1b. Recalls that copyright law should balance the interests of inter alia creators and consumers; in this context considers that all European consumers should have a right to make private copies of legally acquired content;

Amendment 53 #

Cecilia WIKSTRÖM, Christian ENGSTRÖM, Lidia Joanna GERINGER DE OEDENBERG

Motion for a resolution
Paragraph 1 c (new)

1c. Therefore calls upon the Commission to present a legislative proposal to review Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society including a provision to fully harmonize exceptions and limitations with regards, inter alia, to private copying;

Amendment 54 #

Cecilia WIKSTRÖM, Christian ENGSTRÖM, Lidia Joanna GERINGER DE OEDENBERG, Sajjad KARIM

Motion for a resolution
Paragraph 1 d (new)

1d. Considers further that private copying of legally acquired content constitutes a normal use of the acquired products or services by the consumer which does not harm the legitimate interests of right holders and which should thus not warrant any compensation;

Amendment 55 #

Motion for a resolution
Paragraph 2

~~2. Emphasises that in times of budget austerity, private copying levies constitute a vital source of revenue for the cultural sector, and particularly for the performance arts;~~deleted

Amendment 56 #

Motion for a resolution
Paragraph 2

~~2. Emphasises that in times of budget austerity, private copying levies constitute a vital source of revenue for the cultural sector, and particularly for the performance arts;~~deleted

Amendment 57 #

Cecilia WIKSTRÖM, Christian ENGSTRÖM, Lidia Joanna GERINGER DE OEDENBERG

Motion for a resolution
Paragraph 2

2. Emphasises that ~~in times of budget austerity, private copying levies constitute a vital source of revenue for the cultural sector, and particularly for the performance arts~~the current fragmented copyright regime needs to be reformed to facilitate access to, and increase (global) circulation of, cultural and creative content, and in such a way as to enable artists, creators, consumers, businesses and audiences to benefit from digital developments, new distribution channels, new business models and other opportunities, especially in times of budget austerity;

Amendment 58 #

Motion for a resolution
Paragraph 2

2. Emphasises that in times of budget austerity, private copying levies constitute a ~~vital source of revenue for the cultural sector, and particularly for the performance arts~~substantial cost for consumers without providing a socially accepted source of revenue for the cultural sector;

Amendment 59 #

Cecilia WIKSTRÖM, Christian ENGSTRÖM, Lidia Joanna GERINGER DE OEDENBERG, Sajjad KARIM

Motion for a resolution
Paragraph 2 a (new)

2a. Notes that private copying levies currently constitute a source of income which is of varying importance for different categories of right holders and that its importance varies significantly between Member States;

Amendment 6 #

Motion for a resolution
Citation 7

–- having regard to ~~the~~António Vitorino's recommendations resulting from the mediation on private copying and reprography levies of 31 January 2013,

Amendment 60 #

Motion for a resolution
Paragraph 3

3. Believes that the private copying system is a virtuous system that balances the ~~right~~exception to copy~~ing~~ for private use with the right to fair remuneration to rightholders, and that it is a system worth preserving, especially in cases when rightholders are not in a position to license directly the reproduction right on multiple devices;

Amendment 61 #

Motion for a resolution
Paragraph 3

3. Believes that the private copying system is a virtuous system that balances the ~~right~~exception to copying for private use with fair remuneration to rightholders, and that it is a system worth preserving;

Amendment 62 #

Motion for a resolution
Paragraph 3

3. Believes that the private copying system is a virtuous system that balances the option of, and the right to, copying for private use with fair remuneration to rightholders, and that it is a system worth preserving;

Amendment 63 #

Motion for a resolution
Paragraph 3

3. Believes that the current private copying system ~~is a virtuous system that~~, which seeks to balances the right to copying for private use with fair remuneration to rightholders, ~~and that it is a sy~~should be fundamentally rethought and in the long term replaced by a more efficient system that keeps stemp w~~orth preserving~~ith the developments brought about by digitisation;

Amendment 64 #

Motion for a resolution
Paragraph 3

3. Believes that the private copying system is a virtuous system that balances the ~~right to~~exception for copying for private use with fair remuneration to rightholders, and that it is a system worth preserving; in the absence of alternatives in the short term; stresses, however, that discussions need to be held in the long term with a view to developing a more efficient and up-to-date approach that takes suitable account of specific circumstances in the 21st century;

Amendment 65 #

Cecilia WIKSTRÖM, Christian ENGSTRÖM, Lidia Joanna GERINGER DE OEDENBERG

Motion for a resolution
Paragraph 3

3. Believes that the private copying system is a ~~virtuous~~n outdated system that ~~balances the right to copying for private use with fair remuneration to rightholders, and that it is a system worth preserving~~should be substituted for a modern and harmonized system of copyright and related rights which strengthens the position and choice of artists and creators whilst creating a dynamic society where creative works can be easily accessed and built upon by artists and consumers alike, for example by permitting the right to freely make copies for private use;

Amendment 66 #

Motion for a resolution
Paragraph 3

3. Believes that the private copying levy system is a ~~virtuous system that balances the right to copying for private use with fair remuneration to rightholders, and that it is a system worth preserving~~n obsolete old fashioned system that should be phased out to give room for fair remuneration of artists and the right to make copies for private use;

Amendment 67 #

Motion for a resolution
Paragraph 4

4. Emphasises that the major disparities between national systems for the collection of levies, especially as regards the types of product subject to the levy and the rates of levy, ~~can~~ distorts competition ~~and give rise to ‘forum shopping’ within the internal market~~, incites double payment of levies, impedes the proper functioning of the internal market and deteriorates the support for copyright among citizens;

Amendment 68 #

Cecilia WIKSTRÖM, Christian ENGSTRÖM, Lidia Joanna GERINGER DE OEDENBERG

Motion for a resolution
Paragraph 5

Amendment 69 #

Motion for a resolution
Paragraph 5

5. Invites the ~~Member States to decid~~Commission to conduct a study on the essential elements of private copying, including the con ~~a common definition of the private copying levy, to look for~~cept of ‘fair compensation’, which at present is not explicitly regulated by Directive 2001/29/EC, and the concept of ‘harm’ to an author resulting from unauthorised reproduction of his or her work for private use; calls on the Commission to study the possibility of finding common ground as regards which products should be subject to the levy and to harmonise or, failing that, coordinate the negotiating arrangement for the rates applicable to private copying; ~~calls on the Commission to facilitate that process;~~

Amendment 7 #

Motion for a resolution
Citation 9 a (new)

- having regard to the Working Document of the Committee on Legal Affairs "Copyright in the music and audiovisual sectors", approved on 29 June 2011,

Amendment 70 #

Motion for a resolution
Paragraph 5

5. Invites the Member States to decide on a common ~~definition of the private copying levy, to look for common ground as regards which products should be subject to the levy~~criteria for the effective and transparent setting of rates and a uniform definition of the notion of 'harm' pursuant to Directive 2001/29/EC, and to harmonise the negotiating arrangement for the rates applicable to private copying; calls on the Commission to facilitate that process;:

Amendment 71 #

Cecilia WIKSTRÖM, Christian ENGSTRÖM, Lidia Joanna GERINGER DE OEDENBERG

Motion for a resolution
Paragraph 5

5. Invites the Member States to decide on a common definition of the private copying levy, to look for common ground as regards which products should be subject to the levy and to harmonise the negotiating arrangement for the rates applicable to private copying; calls on the Commission to facilitate that processEuropean Commission to put forward a proposal to review Directive 2001/29/EC with the aim of establishing a harmonized and flexible system of copyright and related rights in the EU, fit for the digital age;

Amendment 72 #

Motion for a resolution
Paragraph 5

5. Invites the Member States to ~~decide on a common definition of the~~phase out private copying levy,ies and to look for common ground as regards to which products should not be subject to the levy and to harmonise the negotiating arrangement for ~~the rates applicable to~~agreeing on the rates of decrease of private copying levy rates; calls on the Commission to facilitate that process;

Amendment 73 #

Cecilia WIKSTRÖM, Christian ENGSTRÖM, Lidia Joanna GERINGER DE OEDENBERG

Motion for a resolution
Paragraph 5 a (new)

5a. Calls on the Commission and the Member States to consider whether they might implement an enhanced cooperation procedure with a view to establishing a European private copying levy system;

Amendment 74 #

Motion for a resolution
Subheading 2

Single collection procedure, clearer consumer information and more efficient reimbursement procedures during the phase out period

Amendment 75 #

Motion for a resolution
Paragraph 6

~~6. Considers that the private copying levy should apply to all material, media and services whose value resides in their private recording and storage capacity;~~deleted

Amendment 76 #

Motion for a resolution
Paragraph 6

~~6. Considers that the private copying levy should apply to all material, media and services whose value resides in their private recording and storage capacity;~~deleted

Amendment 77 #

Motion for a resolution
Paragraph 6

6. Considers that the private copying levy should apply to all material~~, media and services~~ and media whose value resides in their private recording and storage capacity and their use by consumers to copy protected works;

Amendment 78 #

Motion for a resolution
Paragraph 6

6. Considers that the private copying levy should apply to ~~all~~ material, media and services wh~~ose value resides in their private recording and storage capacity~~ere they cause harm pursuant to Directive 2001/29/EC;

Amendment 79 #

Cecilia WIKSTRÖM, Christian ENGSTRÖM, Lidia Joanna GERINGER DE OEDENBERG

Motion for a resolution
Paragraph 6

6. ~~Considers that the private copying levy should apply to all material, med~~Recalls the right of Member States to provide exceptions for private copying, and the right of creators to receive compensation for such copying, to the extent that it causes unreasonable harm. In this regard, believes that the private copying levy applies to material and ~~services~~media whose value resides in their private recording and storage capacity;

Amendment 8 #

Motion for a resolution
Recital A

A. whereas culture and artistic creation form the bedrock of the European identity past and present, and ~~will play a vital role in the~~make manifest the fabric of economic and social development of the European Union now, and in the future;

Amendment 80 #

Cecilia WIKSTRÖM, Christian ENGSTRÖM, Lidia Joanna GERINGER DE OEDENBERG

Motion for a resolution
Paragraph 6

6. Considers that the private copying levy should apply ~~to all~~only to material, media and services ~~whose value resides in thei~~that are used exclusively or almost exclusively for private recording and storage ~~capacity~~;

Amendment 81 #

Motion for a resolution
Paragraph 6

6. Considers that the private copying levy should ~~apply to all~~not be extended to include new materials, media and services whose value resides in their ~~private recording and~~ storage capacity;

Amendment 82 #

Motion for a resolution
Paragraph 6 a (new)

6a. Stresses that the notion of private copies should be clearly defined for all materials and that the user should be able to access the copyright content on all media on the basis of a single payment; calls for arrangements already in force in Member States, such as exceptions and levy exemptions, to be respected and for it to be possible for them to apply in parallel on the market;

Amendment 83 #

Motion for a resolution
Paragraph 7

7. Considers that private copying levies should be payable by manufacturers or importers; notes that, if the levy were transferred to retailers, this would result in an excessive administrative burden for small and medium-sized distribution companies and collective rights management organisations;deleted

Amendment 84 #

Motion for a resolution
Paragraph 7

Amendment 85 #

Motion for a resolution
Paragraph 7

7. Considers that private copying levies should be payable by ~~manufacturers or importers; notes that, if the levy were transferred to retailers, this would result in an excessiv~~the final retailer and not the manufacturer as a short and medium term measure to reach the goal of a completely phased out levy system; notes that, if the levy were transferred to retailers, this would support the development of new technologies for content delivery which reduce administrative burden for small and medium-sized distribution companies ands well as collective rights management organisations;

Amendment 86 #

Motion for a resolution
Paragraph 7

7. Considers that, in the light of the ECJ judgments, private copying levies ~~should be~~ payable by manufacturers or importers~~; notes~~ should be examined; cautions, however, that~~, if~~ the ~~levy were transferred~~consequences of transferring the levy to retailers~~, this w~~ could result in an excessive administrative burden ~~for small and medium-sized distribution companies and collective rights management organisations~~;

Amendment 87 #

Motion for a resolution
Paragraph 7 a (new)

7a. Considers that private copying levies should be payable by retailers, as this would simplify procedures and prevent double payments;

Amendment 88 #

Motion for a resolution
Paragraph 7 a (new)

7a. Recommends that, in addition to this primary responsibility incumbent upon manufacturers and importers, there should be a joint responsibility applying to all those involved in the sales chain, extending as far as the ultimate consumer, the object being to prevent fraud and unfair competition;

Amendment 89 #

Motion for a resolution
Paragraph 8

8. Recommends that, in the case of cross- border transactions, private copying levies be collected in the Member State in which the product is placed on the market and that the product then be allowed to circulate freely in the internal market without being subject to additional levies;deleted

Amendment 9 #

Motion for a resolution
Recital B

B. whereas cultural content plays a pivotal role in the digital economy, whereas Europe’s digital growth will depend in future on having a varied supply of high- quality cultural content, and whereas it has emerged from consultations and several independent surveys that the cultural and creative sectors are facing common challenges from digitisation and globalisation~~, along with funding problems, and that EU-level action is needed to resolve these problems~~;

Amendment 90 #

Motion for a resolution
Paragraph 8

8. Recommends that, in the case of cross- border transactions, private copying levies be collected in the Member State in which ~~the product is placed~~receipt is taken onf the ~~market~~product or service and that the product then be allowed to circulate freely ion the internal market without being subject to additional levies;

Amendment 91 #

Motion for a resolution
Paragraph 8

8. Recommends that, in the case of cross- border transactions, private copying levies be collected in the Member State in which the ~~product is placed on the market and that the product then be allowed to circulate freely in the internal market without being subject to additional levi~~final user resides;

Amendment 92 #

Motion for a resolution
Paragraph 8

8. Recommends that, in the case of cross- border transactions, private copying levies be collected in the Member State in which ~~the~~final customer resides; notes that if a product is placed on the market ~~and that the product then~~it shall be allowed to circulate freely ~~in the internal market~~ without being subject to additional levies;

Amendment 93 #

Motion for a resolution
Paragraph 8

8. Recommends that, in the case of cross- border transactions, private copying levies be collected in the Member State in which the product is p~~laced on the market and that the product then be allowed to circulate freely in the internal market without being subject to additional levies~~urchased by the consumer;

Amendment 94 #

Motion for a resolution
Paragraph 8

8. Recommends that, in the case of cross- border transactions, private copying levies be collected in the Member State ~~in which the product is placed on the market and that the product then be allowed to circulate freely in the internal market without being subject to additional levies~~of residence of the end user, in keeping with the Court of Justice’s Opus ruling;

Amendment 95 #

Motion for a resolution
Paragraph 8

8. Recommends that, in the case of cross- border transactions, private copying levies be collected in the Member State in which the product is ~~placed on the market~~sold to the end-user and that the product then be allowed to circulate freely in the internal market without being subject to additional levies;

Amendment 96 #

Eija-Riitta KORHOLA

Motion for a resolution
Paragraph 8

8. ~~Recommends that, in the~~Supports the country of destination rule in cases of cross- border transactions~~, private copying levies be collected in the Member State in which~~ at EU level. The need for compensation arises, not from the cross-border transactions, but from the reproduct ~~is placed~~ion made on those m~~arket and that the product then be allowed to circulate freely in the internal market without being subject to additional levies~~edia/equipment by a natural person for private use. Therefore, payment of the applicable levy should be done according to the law of the country where the equipment used for private copying is purchased by the final consumer;

Amendment 97 #

Motion for a resolution
Paragraph 8 a (new)

8a. Calls on the Commission to assess the desirability of setting up a European declaration portal to lighten the workload and simplify the declaration process for manufacturers and importers; notes that the purpose of such a portal would be to provide a single site on which importers and distance sellers could declare cross- border sales and movements of eligible products;

Amendment 98 #

Motion for a resolution
Paragraph 8 a (new)

8a. Calls for confirmation at EU level that the country of destination rule applies where cross-border transactions are concerned; notes that the harm to be made good is brought about not by the movement of recording media, but by the reproduction carried out on those media by a natural person for a private use; considers that the distance seller must therefore be liable for payment of the levy chargeable under the law of the country where the media are purchased by the end users;

Amendment 99 #