Procedure completed
2014/2256(INI) Implementation of Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society
Lead committee dossier: JURI/8/02354
Legal Basis RoP 052
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Opinion | CULT | ADINOLFI Isabella (EFD) | |
| Opinion | IMCO | STIHLER Catherine (S&D) | |
| Opinion | ITRE | BLANCO LÓPEZ José (S&D) | |
| Lead | JURI | REDA Julia (Verts/ALE) | COMODINI CACHIA Therese (EPP), HONEYBALL Mary (S&D), DZHAMBAZKI Angel (ECR), CAVADA Jean-Marie (ALDE), CHRYSOGONOS Kostas (GUE/NGL), FERRARA Laura (EFD) |
Legal Basis RoP 052
Activites
- 2015/07/09 Decision by Parliament, 1st reading/single reading
- 2015/06/24 Committee report tabled for plenary, single reading
-
2015/06/16
Vote in committee, 1st reading/single reading
-
2015/01/15
Committee referral announced in Parliament, 1st reading/single reading
Documents
- Committee report tabled for plenary, single reading: A8-0209/2015
- Decision by Parliament, 1st reading/single reading: T8-0273/2015
| Amendments | Dossier |
| 893 |
2014/2256(INI)
2015/02/25
IMCO
82 amendments...
Amendment 1 #
Draft opinion Paragraph 1 1. Welcomes the
Amendment 10 #
Draft opinion Paragraph 2 2. Notes that Directive 2001/29/EC (Infosoc Directive) was adopted in 2001 and that the digital use of material subject to copyright has changed and dramatically increased since then; highlights the need for the Commission to respond to technological developments and adapt current laws to economic realities;
Amendment 11 #
Draft opinion Paragraph 2 a (new) 2a. Highlights the fact that legislative differences in Member States cause legal uncertainties hindering the creation of Digital Single Market and cross-border accessibility of copyright content;
Amendment 12 #
Draft opinion Paragraph 2 a (new) 2a. Recalls that the primary objective of copyright is the protection of authors and their just rewards;
Amendment 13 #
Draft opinion Paragraph 2 a (new) 2a. Recalls that the value generated in the digital economy by copyrighted works should be shared fairly with the rights holders; calls on the Commission to assess the extent and impact of this value transfer in favour of digital technical intermediaries;
Amendment 14 #
Draft opinion Paragraph 2 b (new) 2b. Recognises the need for more harmonisation at the European Union level in order to improve free movement of services and products based on creative content;
Amendment 15 #
Draft opinion Paragraph 3 3.
Amendment 16 #
Draft opinion Paragraph 3 3. Recalls that copyright and related rights play a
Amendment 17 #
Draft opinion Paragraph 3 3. Recalls that copyright and related rights play an important role, as they protect and stimulate both the development and marketing of new products and services and the creation and exploitation of their creative content, thereby contributing to improved competitiveness, employment and innovation across several industry sectors in the EU, therefore any harmonisation of copyright must be taken at a high level of protection;
Amendment 18 #
Draft opinion Paragraph 3 3. Recalls that copyright and related rights play an important role, as they protect and stimulate both the development and marketing of new products and services and the creation and exploitation of their creative content, thereby contributing to improved competitiveness, employment and innovation across several industry sectors in the EU; stresses that the EU has strong creative potential and rich cultural diversity that must be protected on the internal market and at international level by a clear and precise legal framework;
Amendment 19 #
Draft opinion Paragraph 3 3. Recalls that copyright and related rights can play an important role, if they acknowledge the changes of behaviours of users, as they protect and stimulate both the development and marketing of new products and services and the creation and exploitation of their creative content, thereby contributing to improved competitiveness, employment and innovation across several industry sectors in the EU;
Amendment 2 #
Draft opinion Paragraph 1 1.
Amendment 20 #
Draft opinion Paragraph 3 3. Recalls that copyright and related rights play an important role, as they protect and stimulate both the development and marketing of new products and services and the creation and exploitation of their creative content, thereby contributing to improved competitiveness, employment
Amendment 21 #
Draft opinion Paragraph 3 a (new) 3a. Draws the Commission’s attention to the fact that the term of protection of copyright has been harmonised at European level by a directive that was revised in 2011 (Directive 2011/77/EU of 27 September 2011 amending Directive 2006/116/EC), under which protection lasts for 70 years after the author’s death, in line with average life expectancy in the European Union; highlights the economic importance of the cultural and creative industries, which account for more than 7 million jobs in the European Union and generate a total of 4.2% of EU GDP;
Amendment 22 #
Draft opinion Paragraph 3 a (new) 3a. Believes that the modernisation of copyright rules in the EU would be incomplete without an update of Directive 2000/31/EC on electronic commerce and suggests that the European Commission should consider actions in this direction;
Amendment 23 #
Draft opinion Paragraph 4 4. Recognises th
Amendment 24 #
Draft opinion Paragraph 4 4. Recognises the need to ensure appropriate remuneration and to protect the rights of all categories of right holders in a better way; recalls that while the cultural and creative industries (CCI)
Amendment 25 #
Draft opinion Paragraph 4 4. Recognises the need to ensure appropriate remuneration and to protect the rights of all categories of right holders in a better way; recalls that while the cultural and creative industries (CCI) employ more than seven million people and contribute 4.5% of EU GDP annually, and that even though the services, technologies and options permitting the general public to access creative works grow every day, the earnings of right holders in the CCI sector keep decreasing; notes that effective system for the protection of copyright is necessary to ensure the return of the investment required to produce copyright works;
Amendment 26 #
Draft opinion Paragraph 4 4. Recognises the need to ensure appropriate remuneration and to protect the rights of all categories of right holders in a better way; recalls that while the cultural and creative industries (CCI) employ more than seven million people and contribute 4.5% of EU GDP annually, and that even though the services, technologies and options permitting the general public to access creative works grow every day, the earnings of right holders in the CCI sector keep decreasing; stresses that this trend is largely due to the excessive value absorbed by intermediaries within the meaning of Directive 2001/29/CE;
Amendment 27 #
Draft opinion Paragraph 4 4. Recognises the need to ensure appropriate remuneration and to protect the rights of all categories of right holders in a better way; recalls that while the cultural and creative industries (CCI) employ more than seven million people and contribute 4.5% of EU GDP annually, and that even though the services, technologies and options permitting the general public to access creative works grow every day, the
Amendment 28 #
Draft opinion Paragraph 4 4. Recognises the need to ensure appropriate remuneration and to protect the rights of all categories of right holders in a better way; recalls that while the cultural and creative industries (CCI) employ more than seven million people and contribute 4.5% of EU GDP annually, and that even though the services, technologies and options permitting the general public to access creative works grow every day, the earnings of right holders in the CCI sector keep decreasing, in contrast to the growing profits made by intermediaries;
Amendment 29 #
Draft opinion Paragraph 4 a (new) 4a. Stresses the need to strengthen the bargaining position of authors and creators in the value chain in the digital age;
Amendment 3 #
Draft opinion Paragraph 1 1. Welcomes the appointment of
Amendment 30 #
Draft opinion Paragraph 5 5.
Amendment 31 #
Draft opinion Paragraph 5 5. Highlights the fact that Member States’ provisions on copyright and related rights vary
Amendment 32 #
Draft opinion Paragraph 5 5. Highlights the fact that Member States’ provisions on copyright and related rights vary considerably, and that the
Amendment 33 #
Draft opinion Paragraph 5 5. Highlights the fact that Member States’ provisions on copyright and related rights vary considerably, and that the exclusivity which copyright grants its owner is, in principle, limited to the territorial boundaries of the Member State where the right has been granted, which leads to market fragmentation across the EU; points out that territoriality in built into copyright, endowing Member States with their cultural policy instruments;
Amendment 34 #
Draft opinion Paragraph 5 5. Highlights the fact that Member States’ provisions on copyright and related rights vary considerably, and that the exclusivity which copyright grants its owner is, in principle, limited to the territorial boundaries of the Member State where the right has been granted, which leads to market fragmentation across the EU; recalls that this fragmentation is also the result of consumer preferences and market adaptation to them;
Amendment 35 #
Draft opinion Paragraph 5 5. Highlights the fact that Member States’ provisions on copyright and related rights vary considerably, and that the exclusivity which copyright grants its owner is, in principle, limited to the territorial boundaries of the Member State where the right has been granted
Amendment 36 #
Draft opinion Paragraph 5 5. Highlights the fact that Member States’ provisions on copyright and related rights vary considerably, and that the exclusivity which copyright grants its owner is, in principle, limited to the territorial boundaries of the Member State where the right has been granted, which may lead
Amendment 37 #
Draft opinion Paragraph 5 5. Highlights the fact that Member States’ provisions on copyright and related rights vary considerably, and that the exclusivity which copyright grants its owner is, in principle, limited to the territorial boundaries of the Member State where the right has been granted, which leads to market fragmentation and major divergences in enforcement across the EU;
Amendment 38 #
Draft opinion Paragraph 5 a (new) 5a. Highlights the importance of clear communication to consumers about the performances of the content they are buying in line with the EU Consumer Rights Directive;
Amendment 39 #
Draft opinion Paragraph 5 a (new) 5a. Believes that common effort should be made in combatting copyright infringements in the EU in order to ensure the protection of copyright and fair remuneration for authors of copyrighted online content;
Amendment 4 #
Draft opinion Paragraph 1 1.
Amendment 40 #
Draft opinion Paragraph 6 Amendment 41 #
Draft opinion Paragraph 6 6.
Amendment 42 #
Draft opinion Paragraph 6 6. Stresses that territorial fragmentation may require users aspiring to offer content- related services across the EU to secure multiple licenses;
Amendment 43 #
Draft opinion Paragraph 6 6. Stresses that territorial fragmentation may require users aspiring to offer content- related services across the EU to secure multiple licenses;
Amendment 44 #
Draft opinion Paragraph 6 6. Stresses that territorial fragmentation may require users aspiring to offer content- related services across the EU to secure multiple licenses; emphasises the fact that differences in limitations and exceptions create additional legal costs and legal uncertainty, thereby undermining innovation and investment, and contributing in some cases to market concentration; recalls that consumers
Amendment 45 #
Draft opinion Paragraph 6 6. Stresses that territorial fragmentation may require users aspiring to offer content- related services across the EU to secure multiple licenses; emphasises the fact that differences in limitations and exceptions create additional legal costs and legal uncertainty; calls therefore on the Commission to examine which of the optional exceptions and limitations referred to in Directive 2001/29/EC could be transformed to mandatory ones, to allow equal access to cultural diversity across borders within the internal market and to improve legal security; recalls that consumers may be denied access to certain content services on geographical grounds;
Amendment 46 #
Draft opinion Paragraph 6 6. Stresses that territorial fragmentation may require users aspiring to offer content- related services across the EU to secure multiple licenses; emphasises the fact that differences in limitations and exceptions create additional legal costs and legal uncertainty; recalls that consumers may be denied access to certain content services on geographical grounds, which runs counter to the objective of Directive 2001/29/EC of implementing the four freedoms of the internal market;
Amendment 47 #
Draft opinion Paragraph 6 6. Stresses that territorial fragmentation may require users aspiring to offer content- related services across the EU to secure multiple licenses; emphasises the fact that differences in limitations and exceptions create additional legal costs and legal uncertainty; recalls that consumers may be denied access to certain content services on
Amendment 48 #
Draft opinion Paragraph 6 6. Stresses that territorial fragmentation may require users aspiring to offer content- related services across the EU to secure multiple licenses; emphasises the fact that differences in limitations and exceptions create additional legal costs and legal uncertainty; recalls that consumers may be denied access to certain content services on geographical grounds; therefore urges the Commission to propose adequate solutions for the better cross-border accessibility to copyright content for consumers;
Amendment 49 #
Draft opinion Paragraph 6 6. Stresses that
Amendment 5 #
Draft opinion Paragraph 1 1.
Amendment 50 #
Draft opinion Paragraph 6 6. Stresses that territorial fragmentation may require users aspiring to offer content- related services across the EU to secure multiple licenses;
Amendment 51 #
Draft opinion Paragraph 6 a (new) 6a. Believes that although there is a need to find solutions which would ensure services portability i.e. when consumers travel between different Member States, it is of the utmost importance to preserve consumer choice in regard to access to different, including linguistically, cultural content;
Amendment 52 #
Draft opinion Paragraph 6 a (new) 6a. Stresses the importance of bringing more clarity and transparency of the copyright regime for copyright users, in particular with regard to user-generated content and copyright levies, to foster creativity, the further development of online platforms, and ensure appropriate remuneration of copyright holders;
Amendment 53 #
Draft opinion Paragraph 6 a (new) 6a. 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 to ensure balanced competition that moves beyond the existence of 28 different tax regimes;
Amendment 54 #
Draft opinion Paragraph 6 a (new) 6a. Reiterates the importance of a modern pro-competitive and consumers friendly copyright framework responding to the challenges of the digital environment; recognises the need of a holistic approach in the modernisation of the copyright rules to address the existent market fragmentations in particular for online rights management and to guarantee a safe, adequate and secure environment for consumers, creators and copyright users;
Amendment 55 #
Draft opinion Paragraph 7 7. Welcomes, therefore, the adoption of Directive 2014/26/EU on collective rights management and multi-territorial licensing of rights, which provides the right balance between public´s access to cultural works, ease for rights clearance for users and adequate remuneration of creators and believes that implementation of this directive will lead to a clearer set of EU- wide standards resulting in a faster and more flexible licensing infrastructure adapted to specific usage;
Amendment 56 #
Draft opinion Paragraph 7 7. Welcomes, therefore, the adoption of Directive 2014/26/EU on collective rights management and multi-territorial licensing of rights, and believes that implementation of this directive will lead to a clearer set of EU-wide standards resulting in a faster and more flexible licensing infrastructure; notes however that fragmentation still remains and further legislative action is required, including harmonisation of exceptions, which are necessary for the completion of the digital single market;
Amendment 57 #
Draft opinion Paragraph 7 7.
Amendment 58 #
Draft opinion Paragraph 8 8. Believes
Amendment 59 #
Draft opinion Paragraph 8 8. Believes that there is a need to further improve cross-border access and the portability of services which are essential for
Amendment 6 #
Draft opinion Paragraph 1 1. Welcomes the appointment of two Commissioners who will work on further developing the EU digital agenda and copyright issues in the course of the new Commission mandate; welcomes the Commission Work Programme for 2015 insofar as it promises to deliver a Digital Single Market Package which includes the objective of modernising copyright rules to make them fit for the digital age;
Amendment 60 #
Draft opinion Paragraph 8 8. Believes that there is a need to further improve cross-border access and the
Amendment 61 #
Draft opinion Paragraph 8 8. Believes that there is a need to further improve cross-border access and the portability of services which are essential for consumers to be able to get the services they want, where and when they want them in a legal and authorised manner;
Amendment 62 #
Draft opinion Paragraph 8 a (new) 8a. Stresses that any legislative change in this area should ensure accessibility for people with disabilities to works and services that are protected by copyright and related rights and should adapt to the digital environment;
Amendment 63 #
Draft opinion Paragraph 8 a (new) 8a. Stresses that consumers often face various limitations and the notion of consumers' rights in the copyright framework is very often absent; calls on the Commission to assess the effectiveness of the current copyright law from a consumers' perspective and to develop a set of clear and comprehensive consumers' rights;
Amendment 64 #
Draft opinion Paragraph 9 9. Urges the Commission to promote a
Amendment 65 #
Draft opinion Paragraph 9 9. Urges the Commission to pro
Amendment 66 #
Draft opinion Paragraph 9 9. Urges the Commission to promote a
Amendment 67 #
Draft opinion Paragraph 9 9. Urges the Commission to promote a flexible and balanced framework for
Amendment 68 #
Draft opinion Paragraph 9 9. Urges the Commission to promote a flexible and balanced framework for exceptions and limitations that does not cause any harm to right holders and that conforms with consumer expectations; emphasises the important role that exceptions and limitations agreed on for public-interest reasons, for the purpose of education and teaching, play in providing access to knowledge as well as in encouraging cultural and societal participation; urges the Commission and the Member States to consider e-books as part of public lending schemes, provided that all necessary agreements with the relevant right holders have been reached
Amendment 69 #
Draft opinion Paragraph 9 9. Urges the Commission to promote a flexible and balanced framework for exceptions and limitations that does not cause any harm to right holders and that conforms with consumer expectations; emphasises the important role that exceptions and limitations agreed on for public-interest reasons, for the purpose of education and teaching, play in providing access to knowledge as well as in encouraging cultural and societal participation; urges the Commission and the Member States to consider e-books as part of public lending schemes
Amendment 7 #
Draft opinion Paragraph 1 a (new) 1a. Stresses that the comprehensive and coherent regulation of digital market is an essential precondition for economic growth;
Amendment 70 #
Draft opinion Paragraph 9 9. Urges the Member States and the Commission to promote a flexible and balanced framework for exceptions and limitations that does not cause any harm to copyright holders and that conforms
Amendment 71 #
Draft opinion Paragraph 9 9. Urges the Commission to promote a flexible and balanced framework for exceptions and limitations that does not cause any harm to right holders and that conforms with consumer expectations; emphasises the important role that exceptions and limitations agreed on for public-interest reasons, for the purpose of research, education and teaching, play in providing access to knowledge as well as in encouraging cultural and societal participation; urges the Commission and the Member States to
Amendment 72 #
Draft opinion Paragraph 9 a (new) 9a. Recommends studying the rules governing file-sharing for non- commercial purposes, which should provide mechanisms to ensure that intermediaries pay fair compensation for creative work;
Amendment 73 #
Draft opinion Paragraph 10 10. Welcomes the idea of a structured stakeholder dialogue
Amendment 74 #
Draft opinion Paragraph 10 10. Welcomes the structured stakeholder dialogue ‘Licenses for Europe’, launched by the Commission in 2013; notes however that this dialogue did not reach a consensus and remains without prejudice to the possible need for policy action; believes that relevant stakeholder engagement and sharing of best practices is essential if a more homogenous implementation of copyright laws across the EU is to be reached;
Amendment 75 #
Draft opinion Paragraph 10 10. Welcomes the structured stakeholder dialogue ‘Licenses for Europe’, launched by the Commission in 2013 that showed that there are no copyright-related problems as regards cross-border availability and portability of music; believes that relevant stakeholder engagement and sharing of best practices is essential if a more homogenous implementation of copyright laws across the EU is to be reached;
Amendment 76 #
Draft opinion Paragraph 10 10. Welcomes the structured stakeholder dialogue
Amendment 77 #
Draft opinion Paragraph 10 10. Welcomes the structured stakeholder dialogue ‘Licenses for Europe’, launched by the Commission in 2013; believes that relevant stakeholder engagement and sharing of best practices is essential if a
Amendment 78 #
Draft opinion Paragraph 11 11. Highlights the importance of promoting
Amendment 79 #
Draft opinion Paragraph 11 11. Highlights the importance of promoting greater interoperability for software, as lack of interoperability hampers innovation and reduces competition in the EU; believes that lack of interoperability may lead to market dominance of one particular product, which in turn stifles competition and limits consumer choice in the EU; recognises that a number of these issues are linked to competition law and highlights that healthy competition along with the protection of intellectual property rights are essential for doing business with legal content.
Amendment 8 #
Draft opinion Paragraph 2 2. Notes that Directive 2001/29/EC (Infosoc Directive) was adopted in 2001 and that the digital use of material subject to copyright has changed and dramatically increased since then; stresses the need to adapt it 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 80 #
Draft opinion Paragraph 11 11. Highlights the importance of promoting greater interoperability for software and terminals, as lack of interoperability hampers innovation and reduces competition in the EU and slows down innovation; the resulting lack of interoperability is hampering the development of new content services at the expense of artists seeking a broader public throughout Europe; believes that lack of interoperability may lead to market dominance of one particular product, which in turn stifles competition and limits consumer choice in the EU.
Amendment 81 #
Draft opinion Paragraph 11 11. Highlights the importance of promoting greater interoperability for software, as lack of interoperability hampers innovation and reduces competition in the EU; believes that lack of interoperability may lead to market dominance of one particular product, which in turn stifles competition and limits consumer choice in the EU; highlights the importance of copyright exceptions that allow enhanced accessibility to digital content for persons with disabilities; recognises that the inability to purchase content in an appropriate format for users with disabilities also creates a barrier to trade for enterprises; recognises that a number of these issues are linked to competition law and highlights that healthy competition along with the protection of intellectual property rights are essential for doing business with legal content; further recognises that the inability to purchase content in an appropriate format that can support users with disabilities reduces the cultural output and content offer available across the Member States.
Amendment 82 #
Draft opinion Paragraph 11 a (new) 11a. Enforcement of copyright rules should be proportionate and respect user´s fundamental rights and freedoms, such as the right to presumption of innocence, the right to fair trial, confidentiality of communications. Any restrictions to user´s rights must be foreseen by law.
Amendment 9 #
Draft opinion Paragraph 2 2. Notes that Directive 2001/29/EC (Infosoc Directive) was adopted in 2001 and that the digital
source: 549.401
2015/03/05
JURI
556 amendments...
Amendment 1 #
Motion for a resolution Citation 1 – having regard to Articles 4, 26, 34, 114, 118 and 1
Amendment 10 #
Motion for a resolution 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 100 #
Motion for a resolution Recital D Amendment 101 #
Motion for a resolution Recital D D. whereas Article 17 of the Charter of Fundamental Rights
Amendment 102 #
Motion for a resolution Recital D D. whereas Article 17 of the Charter of Fundamental Rights enshrines the right to property
Amendment 103 #
Motion for a resolution Recital D D. whereas Article 17 of the Charter of Fundamental Rights enshrines the right to property,
Amendment 104 #
Motion for a resolution Recital D a (new) Da. Whereas Article 52 of the Charter of Fundamental Rights establishes a principle of proportionality, according to which any limitation on the exercise of the rights and freedoms recognised by this Charter must be provided for by law and respect the essence of those rights and freedoms, only if they are necessary and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others;
Amendment 105 #
Motion for a resolution Recital D a (new) Da. whereas the right of the creator to protection of his or her creative works must continue to apply in the digital age;
Amendment 106 #
Motion for a resolution Recital D a (new) Da. whereas the creative and cultural industries make a major contribution to the EU economy, providing more than 7 million indirect jobs and accounting for 4% of EU GDP, according to the latest estimates;
Amendment 107 #
Motion for a resolution Recital D b (new) Db. Whereas the Special Rapporteur of the United Nations in the field of cultural rights in her report on copyright policy and the right to science and culture (A/HRC/28/57) highlights the key role of exceptions and limitations for creation, and the importance of fair contractual terms for the protection of authorship;
Amendment 108 #
Motion for a resolution Recital E Amendment 109 #
Motion for a resolution Recital E Amendment 11 #
Motion for a resolution 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 110 #
Motion for a resolution Recital E Amendment 111 #
Motion for a resolution Recital E Amendment 112 #
Motion for a resolution Recital E E. whereas decisions on technical standards can have a significant impact on human rights – including the right to freedom of expression, protection of personal data and user security – as well as on access to content10 and on the right of creators to receive appropriate remuneration; __________________
Amendment 113 #
Motion for a resolution Recital E E. whereas
Amendment 114 #
Motion for a resolution Paragraph -1 c (new) –1c. Points out that copyright is the tangible means of ensuring that creators are remunerated and that the creative process is funded;
Amendment 115 #
Motion for a resolution 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 116 #
Motion for a resolution Recital E a (new) Ea. whereas the harmonious and systematic development of the Europeana digital library, which was founded in 2008 as part of an EU initiative, has made works from Member States’ libraries available;
Amendment 117 #
Motion for a resolution Recital E a (new) Ea. Whereas the current highly fragmented system of national private copy levies constitutes a deeply unfair, flawed and outdated system for compensating right holders for what amounts to an ordinary and perfectly harmless use by consumers of legally acquired content and whereas there are no objective and fair methods to redistribute the so called compensation from this use as there is no way to establish which legally acquired works citizens are copying in the privacy of their own homes;
Amendment 118 #
Motion for a resolution 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 119 #
Motion for a resolution Recital E a (new) Ea. whereas the period during which works are protected in the digital environment is often out of proportion to the time required in order to recover creation costs and to the average marketing life of works;
Amendment 12 #
Motion for a resolution 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 120 #
Motion for a resolution Recital E a (new) Ea. whereas creative works are one of the main sources nourishing the digital economy and information technology players such as search engines, social media and platforms for user-generated content, but virtually all the value generated by creative works is transferred to those digital intermediaries, which refuse to pay authors or negotiate extremely low levels of remuneration;
Amendment 121 #
Motion for a resolution Paragraph -1 b (new) -1b. Points out that digital technologies have redefined the value chain in the cultural economy to the detriment of authors, performers or producers of copyrighted works, and in favour of on- line communication service providers; stresses that copyright must not be regarded as the only solution for combating this; calls therefore on the Commission to consider revising the E- Commerce Directive, and in particular Articles 12 to 15 thereof;
Amendment 122 #
Motion for a resolution Recital E b (new) Eb. whereas the Directive 2011/77/EU of the European Parliament and of the Council of 27 September 2011 and the Directive 2006/116/EC of 12 December 2006 on the term of protection of copyright and certain related rights harmonised the terms of protection of copyright and neighbouring rights by establishing a complete harmonisation of the period of protection for each type of work and each related right in the Member States;
Amendment 123 #
Motion for a resolution Recital E b (new) Eb. Whereas the fragmented system of private copy levies causes disproportional bureaucratic burdens and major problems for the proper functioning of the European internal market for all goods covered by the unjust and outdated levy system which is detrimental to growth and economic development in Europe; whereas the European digital single market will therefore not become a reality until private copy levies have been phased out;
Amendment 124 #
Motion for a resolution Recital E b (new) Eb. whereas the Directive 2011/77/EU of the European Parliament and of the Council of 27 September 2011 and the Directive 2006/116/EC of 12 December 2006 on the term of protection of copyright and certain related rights harmonised the terms of protection of copyright and neighbouring rights by establishing a complete harmonisation of the period of protection for each type of work and each related right in the Member States;
Amendment 125 #
Motion for a resolution Recital E b (new) Eb. whereas the EU legislative authorities have a duty to promote a clear legal framework for copyright and related rights that can be understood by all stakeholders, in particular the general public, and ensures legal certainty;
Amendment 126 #
Motion for a resolution Recital E b (new) Eb. having regard to the competitive advantage and growing power of a number of Internet intermediaries and to the negative impact of this situation on authors' creative potential and on the development of services offered by other distributors of creative works;
Amendment 127 #
Motion for a resolution Paragraph -1 a (new) -1a. Emphasises that any revision of Directive 2001/29/EC should continue to safeguard the principle of fair remuneration for rightholders; calls for a reaffirmation of the principle of territoriality, enabling each Member State to safeguard the fair remuneration principle within the framework of its own cultural policy;
Amendment 128 #
Motion for a resolution Recital E c (new) Ec. whereas when defining the legal framework for copyright and related rights account should be taken of the need to promote innovative industrial and commercial models, taking advantage of the opportunities offered by new technologies, in order to make EU businesses more competitive;
Amendment 129 #
Motion for a resolution Recital E c (new) Ec. whereas the Commission’s priority and the focus of its 2014-2019 programme is the creation of growth and jobs;
Amendment 13 #
Motion for a resolution Citation 4 – having regard to the Berne Convention for the Protection of Literary and Artistic Works, and expressly to the Three Steps Test,
Amendment 130 #
Motion for a resolution Paragraph -1 (new) -1. Points out that the existence of copyright and related rights inherently implies territoriality; emphasises that there is no contradiction between that principle and measures to ensure the portability of content;
Amendment 131 #
Motion for a resolution Recital E d (new) Ed. whereas many creative on-line services have developed thanks to the application of the Directive, and consumers have never before had access to such a wide range of creative and cultural works – with more than 3 000 on-line on-demand audiovisual services, 2 million titles available as e-books, 230 digital music services and 43 million licensed musical works;
Amendment 132 #
Motion for a resolution Recital E d (new) Ed. whereas technological innovation can be a factor in legal standards becoming obsolete, and whereas in order to counter this the legal framework for copyright and related rights should be simplified and modernised by introducing an open standard relating to the interpretation of exceptions and limitations;
Amendment 133 #
Motion for a resolution Recital E e (new) Ee. whereas measures taken on an individual basis by Member States to extend the scope of protection beyond the provisions of the EU legal framework on copyright and related rights make for legal fragmentation which impedes the functioning of the internal market and increases legal uncertainty for the public, and are therefore to be deprecated;
Amendment 134 #
Motion for a resolution Recital E e (new) Ee. whereas users need access to a plentiful and diverse supply of high- quality content;
Amendment 135 #
Motion for a resolution Recital E f (new) Ef. whereas the right to charge for private copies, which is provided for in several Member States, appears unclear, obsolete and unjustified in a digital context, in view of the fact that it applies, for example, to the making of back-up copies or to the storage of copyrighted works by a given author, and whereas a proper degree of transparency should be ensured, with information being given to the public on the actual scale and purpose of the copy-taking and on the use to which the copies will be put;
Amendment 136 #
Motion for a resolution Paragraph 1 Amendment 137 #
Motion for a resolution Paragraph 1 1.
Amendment 138 #
Motion for a resolution Paragraph 1 1. Welcomes the Commission
Amendment 139 #
Motion for a resolution Paragraph 1 1. Welcomes the Commission’s initiative of conducting a consultation on copyright, which attracted great interest from
Amendment 14 #
Motion for a resolution Citation 4 – having regard to the Berne Convention for the Protection of Literary and Artistic Works and the three-step test,
Amendment 140 #
Motion for a resolution Paragraph 1 1. Welcomes the Commission’s initiative of conducting a consultation on copyright, which attracted great interest from
Amendment 141 #
Motion for a resolution Paragraph 1 1. Welcomes the Commission’s initiative of conducting a consultation on copyright, which attracted great interest
Amendment 142 #
Motion for a resolution Paragraph 1 1. Welcomes the Commission’s initiative of conducting a consultation on copyright, which attracted great interest from civil society
Amendment 143 #
Motion for a resolution Paragraph 1 1. Welcomes the Commission’s initiative of conducting a consultation on copyright
Amendment 144 #
Motion for a resolution Paragraph 1 1. Welcomes the Commission’s initiative
Amendment 145 #
Motion for a resolution Paragraph 1 1. Welcomes the Commission’s initiative of conducting a consultation on copyright, which attracted great interest
Amendment 146 #
Motion for a resolution Paragraph 1 1. Welcomes the Commission’s initiative of conducting a consultation on copyright, which attracted great interest from
Amendment 147 #
Motion for a resolution Paragraph 1 1. Welcomes the Commission’s initiative of conducting a consultation on copyright, which attracted great interest from
Amendment 148 #
Motion for a resolution Paragraph 1 1. Welcomes the Commission’s initiative of conducting a consultation on copyright,
Amendment 149 #
Motion for a resolution Paragraph 1 a (new) 1a. Recalls that copyright and related rights protect and stimulate both the development and marketing of new products and services and the creation and exploitation of their creative content, thereby contributing to improved competitiveness, employment and innovation across several industry sectors in the EU;
Amendment 15 #
Motion for a resolution Citation 4 – having regard to the Berne Convention for the Protection of Literary and Artistic Works, in particular to the three-step test established therein,
Amendment 150 #
Motion for a resolution Paragraph 1 c (new) 1c. Considers that lessons may be drawn for other types of content from the approach taken in the Collective Rights Management Directive, but that issues concerning portability and geoblocking may not be solved by one all- encompassing solution but may require several different interventions, both regulatory and market-led, in addition to enhanced enforcement of existing law including in competition, services and copyright;
Amendment 151 #
Motion for a resolution Paragraph 1 b (new) 1b. Stresses that copyright is only as effective as the enforcement measures in place to protect it and that in order to ensure a flourishing and innovative creative sector copyright enforcement must be robust;
Amendment 152 #
Motion for a resolution Paragraph 2 Amendment 153 #
Motion for a resolution Paragraph 2 2. Notes with
Amendment 154 #
Motion for a resolution Paragraph 2 2. Notes with
Amendment 155 #
Motion for a resolution Paragraph 2 2. Notes
Amendment 156 #
Motion for a resolution Paragraph 2 2. Notes with
Amendment 157 #
Motion for a resolution Paragraph 2 2. Notes with
Amendment 158 #
Motion for a resolution Paragraph 2 2. Notes
Amendment 159 #
Motion for a resolution Paragraph 2 2. Notes
Amendment 16 #
Motion for a resolution Citation 4 – having regard to the Berne Convention for the Protection of Literary and Artistic Works, and expressly to the Three Steps Test,
Amendment 160 #
Motion for a resolution 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
Amendment 161 #
Motion for a resolution Paragraph 2 2.
Amendment 162 #
Motion for a resolution Paragraph 2 a (new) 2a. Emphasizes that any reform of the copyright framework needs to find the right balance between user access and fair remuneration for creators and other rightholders and should take as a basis a high level of protection, and develop an evidence-based approach, taking into consideration the interest of small and medium-sized enterprises, since rights are crucial to intellectual creation and provide a stable, clear and flexible legal base that fosters investment and growth in the creative and cultural sector, whilst removing legal uncertainties and inconsistencies that adversely affect the functioning of the internal market to the prejudice of consumers and rightholders;
Amendment 163 #
Motion for a resolution Paragraph 2 a (new) 2a. Emphasizes that any reform of the copyright framework needs to find the right balance between user access and fair remuneration for creators and other rightholders and should take as a basis a high level of protection, and develop an evidence-based approach taking into consideration the interest of small and medium-sized enterprises, since rights are crucial to intellectual creation and provide a stable, clear and flexible legal base that fosters investment and growth in the creative and cultural sector, whilst removing legal uncertainties and inconsistencies that adversely affect the functioning of the internal market to the prejudice of consumers and rightholders;
Amendment 164 #
Motion for a resolution Paragraph 2 a (new) 2b. Believes that consumers should be able to access and buy online content from another Member State when it is not accessible from a provider in their own Member State; stresses that clear information should be provided to consumers when purchasing a digital content license regarding any geographical limitations of the use of that content;
Amendment 165 #
Motion for a resolution Paragraph 2 b (new) 2b. Stresses that the creative output of the European Union is one of its richest resources, and those who want to enjoy it should be able to pay to do so, even when it is only sold in another Member State;
Amendment 166 #
Motion for a resolution Paragraph 2 a (new) 2a. Believes a reform of the EU copyright system which moves beyond the current fragmentation among Member States to be essential for full and proper development of a digital single market. Considers it important therefore for there to be uniform rules at European level, for the current rules to be updated in response to the dissemination of new technologies and to user and consumer behaviour, and for it to be recognised that copyright holders need to receive appropriate remuneration in the context of a new negotiating position vis-à-vis intermediaries;
Amendment 167 #
Motion for a resolution Paragraph 2 a (new) 2a. Notes that the creative and cultural sectors, as represented by authors, performers, publishers, producers, broadcasters, collective rights management bodies and other rightholders, as well as the majority of Member States, share the view that the current legal framework is suitable and sufficiently flexible to address in a sustainable way the demand for content available on-line throughout the Member States;
Amendment 168 #
Motion for a resolution Paragraph 2 a (new) 2a. Notes with concern the growing number of illegal on-line services and the increasing incidence of piracy and, more generally, of infringements of intellectual property rights, a trend that poses a serious threat to Member States’ economies and to creativity in the European Union;
Amendment 169 #
Motion for a resolution Paragraph 2 a (new) 2c. Emphasizes that any reform of the copyright framework should take as a basis a high level of protection, since rights are crucial to intellectual creation and provide a stable, clear and flexible legal base that fosters investment and growth in the creative and cultural sector, whilst removing legal uncertainties and inconsistencies that adversely affect the functioning of the internal market;
Amendment 17 #
Motion for a resolution 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 170 #
Motion for a resolution Paragraph 2 a (new) 2d. Alongside the important task of expanding functioning structures for the digital Single Market, steps must also be taken to ensure that the analogue Single Market continues to function properly;
Amendment 171 #
Motion for a resolution Paragraph 2 b (new) 2b. Stresses that Europe's cultural and creative industries are an engine for economic growth and job creation in Europe, employing 3.3% of the EU's workforce and generating more than 4.2% of the EU's GDP; highlights, however, that recent economic growth in the sector has mainly been generated by its ICT-related activities whereas traditional activities have featured a significant decrease of their economic contribution and employment rates;
Amendment 172 #
Motion for a resolution Paragraph 2 b (new) 2b. Points out that copyright-intensive industries employ more than seven million people in the Union; asks the Commission, therefore, to ensure that, in line with the principles of better regulation, any legislative initiative to modernise copyright be preceded by an exhaustive ex-ante assessment of its impact in terms of growth and jobs, as well as its potential costs and benefits;
Amendment 173 #
Motion for a resolution Paragraph 2 b (new) 2b. Points out that SMEs in the cultural and creative sectors are helping to make the EU more competitive and that they have considerable potential for creating jobs and growth;
Amendment 174 #
Motion for a resolution Paragraph 2 c (new) 2c. Emphasises that a reform of the EU's copyright acquis should continue to strengthen Europe's cultural and creative industries by improving legal certainty in the digital sphere for all involved parties, including rightholders, businesses and users, and by setting incentives for innovative licensing schemes online and new business models for online distribution of content, thus allowing the sector to benefit from the digital revolution while safeguarding a balanced value chain;
Amendment 175 #
Motion for a resolution Paragraph 2 c (new) 2c. Emphasises that any revision of EU copyright law must be properly focused and must be based on convincing data, with a view to securing the continued development of Europe’s creative industries;
Amendment 176 #
Motion for a resolution Paragraph 2 d (new) 2d. Recognizes that commercial copyright infringing activities pose a serious threat to the functioning of the digital single market and to the development of the legal offer of diversified cultural and creative content online;
Amendment 177 #
Motion for a resolution Paragraph 2 e (new) 2e. Deems it indispensable to strengthen the position of authors and creators and improve their remuneration with regard to the digital distribution and exploitation of their works;
Amendment 178 #
Motion for a resolution Paragraph 3 3. Acknowledges the necessity for the rights of authors and performers to be pro
Amendment 179 #
Motion for a resolution 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
Amendment 18 #
Motion for a resolution 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 180 #
Motion for a resolution 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 contractual position of authors and performers in relation to other rightholders and intermediaries; calls for the inclusion in the EU legislation of the principles set out in Court of Justice case law in relation to the private copying system;
Amendment 181 #
Motion for a resolution 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
Amendment 182 #
Motion for a resolution Paragraph 3 3. Acknowledges the necessity for authors and performers to be provided with legal protection
Amendment 183 #
Motion for a resolution 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 producing and bringing works to the market, and the need for appropriate remuneration for all categories of rightholders; calls for
Amendment 184 #
Motion for a resolution Paragraph 3 3. Acknowledges the necessity
Amendment 185 #
Motion for a resolution 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
Amendment 186 #
Motion for a resolution Paragraph 3 3. Acknowledges the legal principle and 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; c
Amendment 187 #
Motion for a resolution 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
Amendment 188 #
Motion for a resolution 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 contractual position of authors and performers in relation to other rightholders and intermediaries, especially those who use their works and offer them as a service to end users;
Amendment 189 #
Motion for a resolution 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; recognises that the dissemination of culture and knowledge is in the public interest; calls for improvements to the contractual position of authors and performers in relation to other rightholders and intermediaries;
Amendment 19 #
Motion for a resolution Citation 7 a (new) – having regard to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS),
Amendment 190 #
Motion for a resolution 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;
Amendment 191 #
Motion for a resolution Paragraph 3 3. Acknowledges the necessity for all cultural entities, including 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 contractual position of authors and performers in relation to other rightholders and intermediaries;
Amendment 192 #
Motion for a resolution Paragraph 3 3. Acknowledges the necessity for authors and performers to be provided with up-to-date, EU-wide 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 contractual position of authors and performers in relation to other rightholders and intermediaries;
Amendment 193 #
Motion for a resolution 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
Amendment 194 #
Motion for a resolution 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 - in the digital environment and in the analogue world alike; calls for improvements to the contractual position of authors and performers in relation to other rightholders and intermediaries;
Amendment 195 #
Motion for a resolution 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
Amendment 196 #
Motion for a resolution 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
Amendment 197 #
Motion for a resolution Paragraph 3 – subparagraph 1 (new) Emphasises that any reform of the copyright framework needs to find the right balance between user access and fair remuneration and compensation for creators and other rightholders and should take as a basis the rights of creators, while taking into consideration the interest of small and medium-sized enterprises, since rights are crucial to intellectual creation and provide a stable, clear and flexible legal base that fosters investment and growth in the creative and cultural sector, whilst removing legal uncertainties and inconsistencies that adversely affect the functioning of the internal market to the prejudice of consumers and rightholders;
Amendment 198 #
Motion for a resolution Paragraph 3 a (new) 3a. Notes that a proportionate protection of copyright works and other protected matter is of great importance, including from a cultural standpoint; under Article 167 of the Treaty, the Community is required to take cultural aspects into account in its activity;
Amendment 199 #
Motion for a resolution Paragraph 3 b (new) 3b. Stresses that authors and performers must receive fair remuneration in the digital environment and in the analogue world alike;
Amendment 2 #
Motion for a resolution Citation 1 – having regard to Articles 4, 26, 34, 114 and 1
Amendment 20 #
Motion for a resolution Citation 7 a (new) – having regard to the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS),
Amendment 200 #
Motion for a resolution Paragraph 3 c (new) 3c. Calls for the introduction of Community provisions in the area of contract law applicable to copyright, particularly safeguarding authors' rights to bring their works to the market in case a rightholder has refrained from making use of an exclusive right to the work in question for an extended period of time;
Amendment 201 #
Motion for a resolution Paragraph 3 d (new) 3d. Notes that the existing definitions and scope of the exclusive rights for reproduction, for the communication to the public and for the making available to the public, and for distribution, need clarification to better fit the technological and cross-border nature of digital exploitation acts, and to facilitate the clearance of rights;
Amendment 202 #
Motion for a resolution Paragraph 3 e (new) 3e. Points out that copyright is a driving force for social and economic development in the broadest sense; notes that within the EU the cultural and creative industries which rely on copyright generate 4.2% of GDP and provide 7 million jobs; notes that the potential of this kind offered by the cultural and creative industry also derives from the fact that, in the EU, rights last for 70 years from the time of the author’s death, in accordance with the Berne Convention, which lays down minimum standards for the duration of protection;
Amendment 203 #
Motion for a resolution 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 204 #
Motion for a resolution Paragraph 3 g (new) 3g. Notes that the current legal framework provides for neighbouring rights for performers, phonogram producers, film producers and broadcasting companies, but not for press publishers; calls on the Commission, therefore, to analyse whether neighbouring rights for press publishers can provide appropriate protection and remuneration for their work in a digital media world;
Amendment 205 #
Motion for a resolution Paragraph 3 h (new) 3h. Calls on the Commission to restore balance to copyright holders’ contractual powers by imposing a reasonable period for the use of rights transferred by them to third parties, after which those rights would lapse;
Amendment 206 #
Motion for a resolution Paragraph 3 i (new) 3i. Calls therefore on the Commission to consider introducing a levy which can be levied solely by collecting societies and is applicable to the reproduction and making available for commercial purposes of third-party copyright- protected content provided to the general public by service providers within the meaning of Article 14 of the E-Commerce Directive, provided no other contractual arrangements have been made and the rightholder receives no any other remuneration for this;
Amendment 207 #
Motion for a resolution 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 208 #
Motion for a resolution Paragraph 4 Amendment 209 #
Motion for a resolution Paragraph 4 Amendment 21 #
Motion for a resolution Citation 7 b (new) – having regard to the September 2013 intellectual property rights study carried out jointly by the European Patent Office (EPO) and the office for Harmonisation in the Internal Market (OHIM), entitled 'Intellectual property rights intensive industries: contribution to economic performance and employment in the European Union', which shows that about 39% of total economic activity in the EU, worth some EUR 4 700 billion a year, is generated by IPR-intensive industries, as is, in addition, 26% of direct employment (or 56 million jobs), with indirect employment accounting for a further 9% of the total number of jobs in the EU,
Amendment 210 #
Motion for a resolution Paragraph 4 Amendment 211 #
Motion for a resolution Paragraph 4 Amendment 212 #
Motion for a resolution Paragraph 4 Amendment 213 #
Motion for a resolution Paragraph 4 Amendment 214 #
Motion for a resolution Paragraph 4 Amendment 215 #
Motion for a resolution Paragraph 4 Amendment 216 #
Motion for a resolution Paragraph 4 Amendment 217 #
Motion for a resolution Paragraph 4 Amendment 218 #
Motion for a resolution Paragraph 4 4.
Amendment 219 #
Motion for a resolution Paragraph 4 4.
Amendment 22 #
Motion for a resolution Citation 7 b (new) – having regard to the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled,
Amendment 220 #
Motion for a resolution Paragraph 4 4. Considers that the introduction of
Amendment 221 #
Motion for a resolution Paragraph 4 4.
Amendment 222 #
Motion for a resolution Paragraph 4 4.
Amendment 223 #
Motion for a resolution Paragraph 4 4.
Amendment 224 #
Motion for a resolution Paragraph 4 4. Considers the introduction of an optional single European Copyright Title on the basis of Article 118 TFEU that would apply directly and uniformly across the EU, in
Amendment 225 #
Motion for a resolution 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/EC; notes that a similar harmonisation was introduced by Directive 2012/28/EU on certain permitted uses of orphan works;
Amendment 226 #
Motion for a resolution 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
Amendment 227 #
Motion for a resolution Paragraph 4 4.
Amendment 228 #
Motion for a resolution Paragraph 4 a (new) 4a. Considers that a large part of the fragmentation of the digital single market for cultural content needs to be tackled with further legislative measures, also besides the review of the Directive 2001/29/EC, targeted at the lack of harmonised approach notably with regards to the licensing of cultural content and in this context welcomes the progress which was achieved through the adoption of the Collective Rights Management Directive as an important first step;
Amendment 229 #
Motion for a resolution Paragraph 4 b (new) 4b. Notes the adoption by the Commission of legal instruments aiming at removing obstacles to bringing out the full economic potential from the exploitation of public sector information, and allowing the re-use of such information even in the presence of intellectual property rights;
Amendment 23 #
Motion for a resolution Citation 8 a (new) Member States shall allow companies to build reserves in accordance with their articles of association.
Amendment 230 #
Motion for a resolution Paragraph 4 c (new) 4c. Points out that, in the fragile ecosystem which produces and finances creative work, exclusive rights and freedom of contract are key components because they make for improved risk sharing, enable a range of players to get involved in joint projects for a culturally diverse audience and underpin the incentive to invest in professional content production;
Amendment 231 #
Motion for a resolution Paragraph 4 d (new) 4d. Considers the introduction of a single European Copyright Title as a long term project, which should be progressed
Amendment 232 #
Motion for a resolution 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 233 #
Motion for a resolution Paragraph 4 f (new) 4f. Draws attention to the fact that multi- territorial licensing, as provided for in Directive 2014/26/EU on collective management of copyright, is an option when broadcasters want Europe-wide coverage;
Amendment 234 #
Motion for a resolution Paragraph 4 g (new) 4g. Urges the Commission to present concrete proposals to amend the Directive 2001/29/EG before December 2015
Amendment 235 #
Motion for a resolution Paragraph 4 h (new) 4h. Points out that the financing, production and co-production of films and television content depend to a great extent on exclusive territorial licences granted to local distributers on a range of platforms reflecting the cultural specificities of the various markets in Europe; that being so, emphasises that the ability, under the principle of freedom of contract, to select the extent of territorial coverage and the type of distribution platform encourages investment in films and television content and promotes cultural diversity; calls on the Commission to ensure that any initiative to modernise copyright is preceded by a wide-ranging study of its likely impact on the production, financing and distribution of films and television content, and also on cultural diversity;
Amendment 236 #
Motion for a resolution Paragraph 5 Amendment 237 #
Motion for a resolution Paragraph 5 Amendment 238 #
Motion for a resolution Paragraph 5 Amendment 239 #
Motion for a resolution Paragraph 5 Amendment 24 #
Motion for a resolution Citation 9 Amendment 240 #
Motion for a resolution Paragraph 5 Amendment 241 #
Motion for a resolution Paragraph 5 Amendment 242 #
Motion for a resolution Paragraph 5 Amendment 243 #
Motion for a resolution Paragraph 5 Amendment 244 #
Motion for a resolution Paragraph 5 Amendment 245 #
Motion for a resolution Paragraph 5 5. Recommends
Amendment 246 #
Motion for a resolution Paragraph 5 5. Recommends that the EU legislator further lower the barriers to the re-use of public sector information
Amendment 247 #
Motion for a resolution Paragraph 5 5. Recommends that the EU legislator should, while protecting personal information, further lower the barriers
Amendment 248 #
Motion for a resolution Paragraph 5 5. Recommends that the EU legislator, to protect the public interest, further lower the barriers to the re-use of public sector information by exempting works produced by the public sector – as part of the political, legal and administrative process – from copyright protection;
Amendment 249 #
Motion for a resolution Paragraph 5 5. Recommends that the EU legislator
Amendment 25 #
Motion for a resolution Citation 9 Amendment 250 #
Motion for a resolution Paragraph 5 5. Recommends that the EU legislator should, while protecting personal information, further lower the barriers
Amendment 251 #
Motion for a resolution Paragraph 5 a (new) 5a. Recalls the adoption of Directive 2013/37/EU on 26 June 2013 on the re- use of public sector information, which provides a common legal framework for an EU market for government-held data (public sector information) and includes provisions on transparency and competition;
Amendment 252 #
Motion for a resolution Paragraph 6 Amendment 253 #
Motion for a resolution Paragraph 6 Amendment 254 #
Motion for a resolution Paragraph 6 Amendment 255 #
Motion for a resolution Paragraph 6 Amendment 256 #
Motion for a resolution Paragraph 6 Amendment 257 #
Motion for a resolution 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;
Amendment 258 #
Motion for a resolution Paragraph 6 6.
Amendment 259 #
Motion for a resolution 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;
Amendment 26 #
Motion for a resolution Citation 9 Amendment 260 #
Motion for a resolution 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;
Amendment 261 #
Motion for a resolution 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
Amendment 262 #
Motion for a resolution Paragraph 6 6. Calls on the Commission to effectively 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 263 #
Motion for a resolution Paragraph 6 6. Calls on the Commission to safeguard public domain works, which are by definition not subject to copyright protection, and
Amendment 264 #
Motion for a resolution Paragraph 6 6. Calls on the Commission to safeguard public domain works, which are by definition not subject to copyright protection, and
Amendment 265 #
Motion for a resolution Paragraph 6 6. Calls on the Commission to
Amendment 266 #
Motion for a resolution Paragraph 6 a (new) 6a. Considers that the registration of works should be encouraged, in order to clearly identify and locate right holders, as well as to distinguish between copyrighted and non-copyrighted works, thus improving legal certainty, facilitating the licensing of rights and limiting the spread of orphan works; more broadly, is of the opinion that mechanisms allowing to identify the initial rightholder, the transfer of rights and the publication date of the work, should serve as a presumption of authorship;
Amendment 267 #
Motion for a resolution Paragraph 7 Amendment 268 #
Motion for a resolution Paragraph 7 Amendment 269 #
Motion for a resolution Paragraph 7 Amendment 27 #
Motion for a resolution Citation 9 Amendment 270 #
Motion for a resolution Paragraph 7 Amendment 271 #
Motion for a resolution Paragraph 7 Amendment 272 #
Motion for a resolution Paragraph 7 7.
Amendment 273 #
Motion for a resolution Paragraph 7 7.
Amendment 274 #
Motion for a resolution Paragraph 7 7. Calls on the Commission to
Amendment 275 #
Motion for a resolution Paragraph 7 7.
Amendment 276 #
Motion for a resolution Paragraph 7 7.
Amendment 277 #
Motion for a resolution Paragraph 7 7. Calls on the Commission to
Amendment 278 #
Motion for a resolution Paragraph 7 7. Calls on the Commission to harmonise the term of protection of copyright to a duration that does not exceed the current international standards set out in the Berne Convention; points out to the Commission that copyright is a driving force for social and economic development in the broadest sense; notes that, with a turnover on the EU market exceeding EUR 535 billion, the cultural and creative industries that rely on copyright generate 4.2% of GDP within the EU and provide 7 million jobs (for local – and mainly younger – people); notes that, by offering stable employment especially at a time of crisis, they are proving highly resilient to the economic crisis and are consequently holding out immense economic potential; notes that the potential of this kind offered by the cultural and creative industry also derives from the fact that, in the EU, in accordance with the Berne Convention, which lays down minimum standards for the duration of protection, rights last for 70 years from the time of the author’s death;
Amendment 279 #
Motion for a resolution Paragraph 7 7. Calls on the Commission to
Amendment 28 #
Motion for a resolution Citation 9 Amendment 280 #
Motion for a resolution Paragraph 7 7. Calls on the Commission to harmonise the term of protection of copyright and related rights to a duration that does not exceed the current international standards set out in the Berne Convention, taking into account the time needed to recover investment costs, the average marketing life of a work and the public interest in the dissemination of creative works;
Amendment 281 #
Motion for a resolution Paragraph 7 7.
Amendment 282 #
Motion for a resolution Paragraph 7 7. Calls on the Commission to harmonise the term of protection of copyright to a duration that does not
Amendment 283 #
Motion for a resolution Paragraph 7 a (new) 7a. Notes that the current legal Acquis recognises the full harmonisation of exclusive rights, whereas exceptions and limitations to exclusive rights remain optional and not harmonised;
Amendment 284 #
Motion for a resolution Paragraph 7 b (new) 7b. Notes the significant number of suggestions that have been put forward in the replies to the consultation of the Commission on the review of the EU copyright rules, to introduce new exceptions and limitations to exclusive rights, as well as broadening the scope of existing exceptions;
Amendment 285 #
Motion for a resolution Paragraph 8 8. Calls on the EU legislator to remain faithful to the objective stated in Directive 2001/29/EC of providing an adequate protection for copyright and neighbouring rights as one of the main ways of ensuring European cultural creativity and safeguarding a fair balance between the different
Amendment 286 #
Motion for a resolution Paragraph 8 8. Calls on the EU legislator to remain faithful to the objective stated in Directive 2001/29/EC of safeguarding a fair balance between the different categories of rightholders and users of protected
Amendment 287 #
Motion for a resolution Paragraph 8 8. Calls on the EU legislator to remain faithful to the objective stated in Directive 2001/29/EC of providing an adequate protection for copyright and neighbouring rights as one of the main ways of ensuring European cultural creativity and safeguarding a fair balance between the different categories of rightholders and users of protected subject-
Amendment 288 #
Motion for a resolution Paragraph 8 a (new) 8a. Recalls that Member States have a positive obligation to provide for a robust and flexible system of copyright exceptions and limitations in order to honour their human rights obligations
Amendment 289 #
Motion for a resolution 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 29 #
Motion for a resolution Citation 12 a (new) - having regard to Directive 2004/48/EC of the European Parliament and of the Council on the enforcement of intellectual property rights,
Amendment 290 #
Motion for a resolution Paragraph 9 9. Notes that
Amendment 291 #
Motion for a resolution Paragraph 9 9.
Amendment 292 #
Motion for a resolution Paragraph 9 9. Notes that exceptions and limitations
Amendment 293 #
Motion for a resolution Paragraph 9 9. Notes that technological changes have led to renewed interest in exceptions and limitations, especially their role in the digital environment
Amendment 294 #
Motion for a resolution Paragraph 9 9. Notes that exceptions
Amendment 295 #
Motion for a resolution Paragraph 9 9. Notes th
Amendment 296 #
Motion for a resolution Paragraph 9 9. Notes that exceptions and limitations in the digital environment
Amendment 297 #
Motion for a resolution Paragraph 9 9. Notes that technological changes have led to renewed interest in exceptions and limitations, especially their role in the digital environment
Amendment 298 #
Motion for a resolution Paragraph 9 9. Notes that technological changes have led to renewed interest in exceptions and limitations, especially their role in the digital environment
Amendment 299 #
Motion for a resolution Paragraph 9 9. Notes that exceptions and limitations in the digital environment too should be enjoyed
Amendment 3 #
Motion for a resolution Citation 1 – having regard to Articles 4, 26, 34, 114, 118 and 1
Amendment 30 #
Motion for a resolution Citation 13 – having regard to
Amendment 300 #
Motion for a resolution Paragraph 9 9.
Amendment 301 #
Motion for a resolution 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 302 #
Motion for a resolution Paragraph 9 9. Notes that
Amendment 303 #
Motion for a resolution Paragraph 9 9. Notes that the ability to benefit from exceptions and limitations should be enjoyed in the digital environment
Amendment 304 #
Motion for a resolution Paragraph 9 9. Notes that exceptions and limitations and appropriate remuneration for creators in the digital environment should be enjoyed without any unequal treatment as compared with those granted in the analogue world;
Amendment 305 #
Motion for a resolution Paragraph 9 9. Notes that the ability to benefit from exceptions and limitations should be enjoyed in the digital environment
Amendment 306 #
Motion for a resolution Paragraph 9 – subparagraph 1 (new) Highlights the advisability of introducing new exceptions and limitations which should take into account technological developments and new forms of both the expression and the use of works in a digital environment;
Amendment 307 #
Motion for a resolution Paragraph 10 Amendment 308 #
Motion for a resolution Paragraph 10 Amendment 309 #
Motion for a resolution Paragraph 10 Amendment 31 #
Motion for a resolution Citation 13 a (new) - having regard to Directive 2001/84/EC on the resale right for the benefit of the author of an original work of art,
Amendment 310 #
Motion for a resolution Paragraph 10 10.
Amendment 311 #
Motion for a resolution Paragraph 10 10.
Amendment 312 #
Motion for a resolution Paragraph 10 10.
Amendment 313 #
Motion for a resolution Paragraph 10 10.
Amendment 314 #
Motion for a resolution Paragraph 10 10.
Amendment 315 #
Motion for a resolution Paragraph 10 10.
Amendment 316 #
Motion for a resolution Paragraph 10 10.
Amendment 317 #
Motion for a resolution Paragraph 10 10.
Amendment 318 #
Motion for a resolution Paragraph 10 10.
Amendment 319 #
Motion for a resolution Paragraph 10 10. Views with concern, in view of the development of cross-border activities, the increasing impact of
Amendment 32 #
Motion for a resolution Citation 15 a (new) – having regard to its resolution of 3 June 2010 on enforcement of intellectual property rights in the internal market,
Amendment 320 #
Motion for a resolution Paragraph 10 10. Views with concern the increasing impact of differences among Member States in the implementation of exceptions, which creates legal uncertainty for authors and users and has direct negative effects on the functioning of the digital single market, in view of the development of cross-border activities;
Amendment 321 #
Motion for a resolution Paragraph 10 10. Views with concern the increasing impact of differences among Member States in the implementation of exceptions, which creates legal uncertainty and has direct negative effects on the functioning of the digital single market, in view of the development of cross-border activities and EU global competitiveness and innovation;
Amendment 322 #
Motion for a resolution Paragraph 10 a (new) 10a. Emphasizes that industry geoblocking practices should not prevent cultural minorities living in EU Member States from accessing existing contents or services in their language that are either free or paid for;
Amendment 323 #
Motion for a resolution Paragraph 10 b (new) 10b. Supports the initiatives aimed at enhancing the portability, within the EU, of online services of legally acquired and legally made available content, whilst fully respecting copyrights and the interests of right-holders;
Amendment 324 #
Motion for a resolution Paragraph 10 c (new) 10c. Calls for modern, harmonized EU wide copyright, to ensure innovative startups can flourish and roll out their services on a single European digital market;
Amendment 325 #
Motion for a resolution Paragraph 10 d (new) 10d. Recalls that the European cultural markets are naturally heterogeneous because of the European cultural and linguistic diversity, notes that this diversity should be considered as a benefit rather than an obstacle to the Single Market;
Amendment 326 #
Motion for a resolution Paragraph 10 e (new) 10e. Takes note of the importance of territorial licenses in the EU, particularly with regards to audiovisual and film production which is primarily based on broadcasters pre-purchase or pre- financing systems;
Amendment 327 #
Motion for a resolution Paragraph 11 Amendment 328 #
Motion for a resolution Paragraph 11 Amendment 329 #
Motion for a resolution Paragraph 11 Amendment 33 #
Motion for a resolution Citation 16 a (new) – having regard to its resolution of 16 February 2012 on access by blind people to books and other printed products,
Amendment 330 #
Motion for a resolution Paragraph 11 Amendment 331 #
Motion for a resolution Paragraph 11 Amendment 332 #
Motion for a resolution Paragraph 11 Amendment 333 #
Motion for a resolution Paragraph 11 Amendment 334 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to
Amendment 335 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to
Amendment 336 #
Motion for a resolution Paragraph 11 11.
Amendment 337 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to
Amendment 338 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to
Amendment 339 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to
Amendment 34 #
Motion for a resolution Citation 17 a (new) - having regard to the Green Paper of 13 July 2011 on the online distribution of audiovisual works,
Amendment 340 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to
Amendment 341 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to make uniform and mandatory 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 342 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to make mandatory 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; takes the view that any harmonisation of copyright and related rights must be based on a high level of protection, since these rights are crucial for intellectual creation; notes that protecting these rights helps to ensure the maintenance and development of creativity in the interests of creators, performers, producers, consumers, culture, industry and the public at large;
Amendment 343 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to
Amendment 344 #
Motion for a resolution Paragraph 11 11. Calls on the Commission to
Amendment 345 #
Motion for a resolution Paragraph 11 a (new) 11a. Stresses that the "three-step test" of international copyright law should serve to encourage the establishment of a solid and flexible system of exceptions and limitations;
Amendment 346 #
Motion for a resolution Paragraph 11 b (new) 11b. Urges the European legislator to ensure that all citizens can enjoy at national level, judicial or administrative procedures enabling to request the implementation and expansion of exceptions and limitations to assure their constitutional and human rights;
Amendment 347 #
Motion for a resolution Paragraph 11 c (new) 11c. Calls on the Commission to examine the present limitations and exceptions with a view to bringing about policies to boost the development of the existing market, an aim which can be achieved only by ensuring a proper reward for authors, that is to say, those who create the products offered on that market, and by providing legal certainty;
Amendment 348 #
Motion for a resolution Paragraph 11 d (new) 11d. Calls for expanding mandatory exceptions beneficial for public interest institutions, such as libraries, museums and archives, which play a central role in facilitating online access to cultural heritage, and access to information that allows them to make protected works in their collections, that are not in commercial circulation anymore, or otherwise actively managed by their rights holders, available for online access by the public;
Amendment 349 #
Motion for a resolution Paragraph 11 e (new) 11e. Temporary acts of reproduction, which are transient or incidental [and] an integral and essential part of a technological process and whose sole purpose is to enable: (a) a transmission in a network between third parties by an intermediary, or (b) a lawful use of a work or other subject-matter to be made, and which have no independent economic significance, should remain a mandatory exception.
Amendment 35 #
Motion for a resolution 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 350 #
Motion for a resolution Paragraph 11 f (new) 11f. Considers it necessary to strengthen exceptions for institutions of public interest, such as libraries, museums and archives, in order to promote wide- ranging access to cultural heritage, including through online platforms;
Amendment 351 #
Motion for a resolution Paragraph 11 g (new) 11g. Calls on the Commission to consider with care the possibility of making certain exceptions mandatory where the purpose is to protect fundamental rights, particularly to combat discrimination or protect freedom of the press; realls in this context that fair compensation should be provided for these exceptions;
Amendment 352 #
Motion for a resolution Paragraph 11 h (new) 11h. Recalls the importance of SMEs in the cultural and creative industries in terms of job creation and growth in the European Union; stresses that the vast majority of SMEs in the cultural and creative industries take advantage of the flexibility of copyright rules to produce, invest and distribute cultural and creative works but also to develop innovative solutions which enable users to gain access to creative works on line adapted to the preferences and specificities of local markets;
Amendment 353 #
Motion for a resolution Paragraph 11 i (new) 11i. Calls on the Commission to introduce new mandatory exceptions, such as for user-generated content, text and data mining;
Amendment 354 #
Motion for a resolution Paragraph 11 j (new) Amendment 355 #
Motion for a resolution Paragraph 11 k (new) 11k. Urges increased legal certainty with regards to sharing copyright protected content through 'peer-to-peer' (P2P) networks;
Amendment 356 #
Motion for a resolution Paragraph 11 l (new) 11l. Calls for broad exceptions for non- commercial use of protected works for educational organizations, teachers and students;
Amendment 357 #
Motion for a resolution Paragraph 12 12. Notes with interest the development of new forms of use of works on digital networks, in particular transformative uses, and calls for fair remuneration solutions linked to new forms of exploitation of works on platforms and networks in the digital environment;
Amendment 358 #
Motion for a resolution Paragraph 12 12. Notes with interest the development of new forms of use of works on digital networks, in particular transformative uses
Amendment 359 #
Motion for a resolution Paragraph 12 12. Notes with interest the development of new forms of use of works on digital networks, in particular transformative uses, and stresses in this connection the need for service-providers and technical intermediaries on the Internet to remunerate rightholders for the use of works on their platforms and networks;
Amendment 36 #
Motion for a resolution Citation 17 a (new) - having regard to the Commission Green Paper of 13 July 2011 on the online distribution of audiovisual works in the European Union: opportunities and challenges towards a digital single market (COM(2011 427 final),
Amendment 360 #
Motion for a resolution 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 361 #
Motion for a resolution 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 362 #
Motion for a resolution 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 proper remuneration and fair compensation for creators and the objective of the public interest for access to cultural goods and knowledge;
Amendment 363 #
Motion for a resolution Paragraph 12 a (new) 12a. Acknowledges the importance of full exploitation of new technologies in order to increase the legal offer of content by encouraging re-use mechanisms and the birth of a digital second-hand market;
Amendment 364 #
Motion for a resolution Paragraph 12 b (new) 12b. Calls for broad exceptions also for informal educational purposes;
Amendment 365 #
Motion for a resolution Paragraph 12 c (new) 12c. Calls for open access in publishing, in particular for publicly funded research;
Amendment 366 #
Motion for a resolution Paragraph 12 d (new) 12d. Calls for making relevant existing exceptions such as parody, quotation and incidental use and private copying mandatory across all Member States;
Amendment 367 #
Motion for a resolution Paragraph 13 Amendment 368 #
Motion for a resolution Paragraph 13 Amendment 369 #
Motion for a resolution Paragraph 13 Amendment 37 #
Motion for a resolution 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 370 #
Motion for a resolution Paragraph 13 Amendment 371 #
Motion for a resolution Paragraph 13 Amendment 372 #
Motion for a resolution Paragraph 13 Amendment 373 #
Motion for a resolution Paragraph 13 Amendment 374 #
Motion for a resolution Paragraph 13 13. Calls for the adoption of a
Amendment 375 #
Motion for a resolution Paragraph 13 13.
Amendment 376 #
Motion for a resolution Paragraph 13 13. Calls for
Amendment 377 #
Motion for a resolution Paragraph 13 13.
Amendment 378 #
Motion for a resolution Paragraph 13 13.
Amendment 379 #
Motion for a resolution Paragraph 13 13.
Amendment 38 #
Motion for a resolution 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 380 #
Motion for a resolution Paragraph 13 13. Calls for the adoption of a
Amendment 381 #
Motion for a resolution Paragraph 13 13. Calls for
Amendment 382 #
Motion for a resolution Paragraph 13 a (new) 13a. Calls for exceptions and limitations which have an appropriate level of flexibility and are technologically neutral;
Amendment 383 #
Motion for a resolution Paragraph 14 14.
Amendment 384 #
Motion for a resolution 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;
Amendment 385 #
Motion for a resolution Paragraph 14 14. Urges the European legislator to ensure the technological neutrality and future- compatibility of exceptions and limitations
Amendment 386 #
Motion for a resolution Paragraph 14 14. Urges the European legislator to ensure the technological neutrality and future compatibility of exceptions and limitations
Amendment 387 #
Motion for a resolution 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;
Amendment 388 #
Motion for a resolution 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;
Amendment 389 #
Motion for a resolution Paragraph 14 14. Urges the European legislator to ensure
Amendment 39 #
Motion for a resolution 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 390 #
Motion for a resolution 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;
Amendment 391 #
Motion for a resolution Paragraph 14 14. Urges the European legislator to ensure
Amendment 392 #
Motion for a resolution Paragraph 14 14. Urges the European legislator to ensure the technological neutrality and future- compatibility of exceptions and limitations
Amendment 393 #
Motion for a resolution Paragraph 14 14. Urges the European legislator to ensure the technological neutrality and future- compatibility of exceptions and limitations
Amendment 394 #
Motion for a resolution Paragraph 14 14. Urges the European legislator to ensure the technological neutrality and future- compatibility of exceptions and limitations
Amendment 395 #
Motion for a resolution 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 all content, including audio-visual quotations in its scope;
Amendment 396 #
Motion for a resolution Paragraph 14 a (new) 14a. Notes with interest the recent United States regulations regarding net neutrality, just launched by the US Federal Communications Commission; calls on the Commission to assess what inspiration it can draw from these new rules in the context of the revision of Directive 2001/29;
Amendment 397 #
Motion for a resolution Paragraph 15 Amendment 398 #
Motion for a resolution Paragraph 15 15. Stresses that the ability to
Amendment 399 #
Motion for a resolution Paragraph 15 15. Stresses that the ability to freely link
Amendment 4 #
Motion for a resolution Citation 1 – having regard to Articles 4, 26, 34, 114 and 1
Amendment 40 #
Motion for a resolution 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 400 #
Motion for a resolution Paragraph 15 15.
Amendment 401 #
Motion for a resolution Paragraph 15 15. Stresses that the ability to
Amendment 402 #
Motion for a resolution Paragraph 15 15. Stresses that the ability to freely link from one resource to another
Amendment 403 #
Motion for a resolution Paragraph 15 15. Stresses that the ability to freely link from one resource to another is
Amendment 404 #
Motion for a resolution Paragraph 15 15.
Amendment 405 #
Motion for a resolution Paragraph 15 15.
Amendment 406 #
Motion for a resolution Paragraph 15 15. Stresses that the ability to freely link from one resource to another is one of the fundamental building blocks of the free and open internet; calls on the EU legislator to
Amendment 407 #
Motion for a resolution Paragraph 15 15.
Amendment 408 #
Motion for a resolution 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
Amendment 409 #
Motion for a resolution 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
Amendment 41 #
Motion for a resolution Citation 18 a (new) - having regard to the Memorandum of Understanding of 20 September 2011 on key principles on the digitisation and making available of out-of-commerce works, with a view to facilitating the digitisation and making available of books and learned journals for European libraries and similar establishments,
Amendment 410 #
Motion for a resolution Paragraph 15 15. Stresses that the ability to freely link from one resource to another is one of the fundamental building blocks of the
Amendment 411 #
Motion for a resolution Paragraph 15 a (new) 15a. Suggests a review of the liability of service providers and intermediaries in order to clarify their legal status and liability with regards to copyrights, to guarantee that due diligence is exercised throughout the creative process and supply chain, and to ensure a fair remuneration for creators and rightholders within the European Union.
Amendment 412 #
Motion for a resolution Paragraph 15 b (new) 15b. Calls for an end to geoblocking, as it prevents the emergence of a single digital market and hinders citizens access to information for which they have already paid taxes;
Amendment 413 #
Motion for a resolution Paragraph 16 16.
Amendment 414 #
Motion for a resolution Paragraph 16 16. Calls on the EU legislator to ensure that th
Amendment 415 #
Motion for a resolution Paragraph 16 16.
Amendment 416 #
Motion for a resolution Paragraph 16 16.
Amendment 417 #
Motion for a resolution Paragraph 16 16.
Amendment 418 #
Motion for a resolution Paragraph 16 16. Calls
Amendment 419 #
Motion for a resolution Paragraph 16 16. Calls on the
Amendment 42 #
Motion for a resolution Citation 19 a (new) - having regard to the report on the online distribution of audiovisual works in the European Union (A7-0262/2012),
Amendment 420 #
Motion for a resolution Paragraph 16 16. Calls on the EU legislator to ensure that the use of photographs, video footage or other images of works which are permanently located in public places is permitted and that this initiative on copyright makes for wider understanding of artistry and creativity and their importance for the development of society, and to regulate the development of new commercial interests posing a threat to copyright;
Amendment 421 #
Motion for a resolution Paragraph 16 16. C
Amendment 422 #
Motion for a resolution Paragraph 16 16.
Amendment 423 #
Motion for a resolution Paragraph 16 16.
Amendment 424 #
Motion for a resolution Paragraph 16 16. Calls on the EU legislator to ensure that
Amendment 425 #
Motion for a resolution Paragraph 16 16. Calls on the EU legislator to ensure that the use of photographs, video footage or other images of works which are permanently located in public places is permitted for non-commercial purposes;
Amendment 426 #
Motion for a resolution Paragraph 16 16. Calls on the EU legislator to ensure that the non-commercial use of photographs, video footage or other images of works which are permanently located in public places is permitted;
Amendment 427 #
Motion for a resolution Paragraph 16 16. Calls on the EU legislator to ensure that the use of photographs, video footage or other images of works which are permanently located in public places is permitted, as a mandatory exception;
Amendment 428 #
Motion for a resolution Paragraph 16 16. Calls on the EU legislator to ensure that the use of photographs, video footage or other images of
Amendment 429 #
Motion for a resolution Paragraph 16 a (new) 16a. Maintains that the development of the digital market is impossible unless creative and cultural industries are developed alongside it;
Amendment 43 #
Motion for a resolution Citation 20 a (new) - having regard to the September 2013 joint EPO and OHIM study entitled 'Intellectual property rights intensive industries: contribution to economic performance and employment in the European Union',
Amendment 430 #
Motion for a resolution Paragraph 16 b (new) 16b. Calls on Member States to consider incorporating into their national law the ‘panorama’ exception to the extent that works permanently located in public places are produced by the public sector;
Amendment 431 #
Motion for a resolution Paragraph 17 Amendment 432 #
Motion for a resolution Paragraph 17 Amendment 433 #
Motion for a resolution Paragraph 17 Amendment 434 #
Motion for a resolution Paragraph 17 17.
Amendment 435 #
Motion for a resolution Paragraph 17 17. Emphasises that the existing limitation on the exception for caricature, parody and pastiche
Amendment 436 #
Motion for a resolution Paragraph 17 17. Emphasises th
Amendment 437 #
Motion for a resolution Paragraph 17 17. Emphasises that
Amendment 438 #
Motion for a resolution Paragraph 17 17. Emphasises that the existing exception for caricature, parody and pastiche
Amendment 439 #
Motion for a resolution Paragraph 17 17. Emphasises that the existing limitation on the exception for caricature, parody and pastiche
Amendment 44 #
Motion for a resolution Citation 20 a (new) - having regard to articles 27 of the Universal Declaration of Human Rights;
Amendment 440 #
Motion for a resolution Paragraph 17 17. Emphasises that the existing limitation on the exception for caricature, parody and pastiche
Amendment 441 #
Motion for a resolution Paragraph 18 18.
Amendment 442 #
Motion for a resolution Paragraph 18 18.
Amendment 443 #
Motion for a resolution Paragraph 18 18.
Amendment 444 #
Motion for a resolution Paragraph 18 18.
Amendment 445 #
Motion for a resolution Paragraph 18 18. Stresses the need to
Amendment 446 #
Motion for a resolution Paragraph 18 18. Stresses the need to enable automated analytical techniques for text and data (e.g. ‘text and data mining’)
Amendment 447 #
Motion for a resolution Paragraph 18 18. Stresses the need to enable automated analytical techniques for text and data (e.g. ‘text and data mining’) for all purposes, provided that permission to
Amendment 448 #
Motion for a resolution Paragraph 18 18. Stresses the need to enable automated analytical techniques for text and data (e.g. ‘text and data mining’) for
Amendment 449 #
Motion for a resolution Paragraph 18 18. Stresses the need to enable automated analytical techniques for text and data (e.g. ‘text and data mining’)
Amendment 45 #
Motion for a resolution Citation 20 b (new) - having regard to the E-Commerce Directive,
Amendment 450 #
Motion for a resolution Paragraph 18 18. Stresses the need to enable automated analytical techniques for text and data (e.g. ‘text and data mining’) for all purposes, provided that permission to read the work has been acquired, as a mandatory exception;
Amendment 451 #
Motion for a resolution Paragraph 18 a (new) 18a. Maintains that the development of the digital market is closely linked to, and has to go hand in hand with, the development of creative and cultural industries, this being the only way to achieve lasting prosperity;
Amendment 452 #
Motion for a resolution Paragraph 18 b (new) 18b. Acknowledges that Text and data Mining is an emerging and promising practice, in particular for the research field, recalls that innovative licensing solutions are established, but that any preferential treatment should only be applied for non-commercial use.
Amendment 453 #
Motion for a resolution Paragraph 19 Amendment 454 #
Motion for a resolution Paragraph 19 Amendment 455 #
Motion for a resolution Paragraph 19 Amendment 456 #
Motion for a resolution Paragraph 19 19.
Amendment 457 #
Motion for a resolution 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
Amendment 458 #
Motion for a resolution Paragraph 19 19. Calls for a broad exception for research and education purposes, which should cover not only educational establishments but a
Amendment 459 #
Motion for a resolution Paragraph 19 19. Calls
Amendment 46 #
Motion for a resolution 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 to the recognition and protection of the intellectual property rights of authors;
Amendment 460 #
Motion for a resolution Paragraph 19 19. Calls for a
Amendment 461 #
Motion for a resolution Paragraph 19 19. Calls for
Amendment 462 #
Motion for a resolution Paragraph 19 19. Calls for
Amendment 463 #
Motion for a resolution Paragraph 19 19. Calls for a broad exception for research and education purposes, which should cover not only educational establishments, universities and institutions specialising in high-level artistic, musical and dance training but any kind of educational or research
Amendment 464 #
Motion for a resolution Paragraph 19 19. Calls for a
Amendment 465 #
Motion for a resolution 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
Amendment 466 #
Motion for a resolution Paragraph 19 19. Calls for a broad exception for research and education purposes,
Amendment 467 #
Motion for a resolution Paragraph 19 19. Calls for a broad exception for research and education purposes, which should cover not only educational establishments in cross-border use, but any kind of educational or research activity, including non-formal education;
Amendment 468 #
Motion for a resolution Paragraph 19 19. Calls for a
Amendment 469 #
Motion for a resolution Paragraph 19 19. Calls for a broad exception for research and education purposes, which should cover not only educational establishments but a
Amendment 47 #
Motion for a resolution Recital A A. whereas the European legal framework for copyright and related rights is central to the promotion of creativity and innovation, cultural diversity, economic growth and to access to knowledge and information;
Amendment 470 #
Motion for a resolution 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
Amendment 471 #
Motion for a resolution Paragraph 19 a (new) 19a. stresses that any new exceptions or limitations introduced to the EU copyright legal system needs to be duly justified by a sound and objective economic and legal analysis
Amendment 472 #
Motion for a resolution Paragraph 20 Amendment 473 #
Motion for a resolution Paragraph 20 Amendment 474 #
Motion for a resolution Paragraph 20 20.
Amendment 475 #
Motion for a resolution Paragraph 20 20.
Amendment 476 #
Motion for a resolution Paragraph 20 20.
Amendment 477 #
Motion for a resolution Paragraph 20 20.
Amendment 478 #
Motion for a resolution Paragraph 20 20.
Amendment 479 #
Motion for a resolution Paragraph 20 20.
Amendment 48 #
Motion for a resolution 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, while at the same time also providing authors of literary and artistic works with sufficient recognition and protection of their intellectual property rights;
Amendment 480 #
Motion for a resolution Paragraph 20 20.
Amendment 481 #
Motion for a resolution Paragraph 20 20. Calls for the adoption of a
Amendment 482 #
Motion for a resolution Paragraph 20 20. Calls for the adoption of a mandatory exception allowing public and research libraries to lend books to the public in digital formats for personal use, irrespective of the place of access; recommends that authors should be compensated for e-lending through a statutory licence to the same extent as this is the case for the lending of physical books;
Amendment 483 #
Motion for a resolution Paragraph 20 20. Calls
Amendment 484 #
Motion for a resolution Paragraph 20 20. Calls
Amendment 485 #
Motion for a resolution 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 access, so that their public interest duty of disseminating knowledge can be fulfilled effectively and in an up-to-date manner;
Amendment 486 #
Motion for a resolution Paragraph 20 20. Calls for the adoption of a mandatory exception allowing public and research libraries to lend books to the public in digital formats for personal use, irrespective of the place of access; recommends that authors should be compensated for e-lending through a statutory licence to the same extent as this is the case for the lending of physical books;
Amendment 487 #
Motion for a resolution Paragraph 20 a (new) 20a. Stresses the need to ensure the swift ratification of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled, without making the ratification conditional to the revision of the EU legal framework on copyright, and then ensure that the copyright laws of Member States contain adequate exceptions to facilitate the availability of works in formats accessible to persons with visual impairments and other disabilities, such as deafness.
Amendment 488 #
Motion for a resolution Paragraph 20 b (new) 20b. Calls for the adoption of a mandatory exception allowing libraries to digitalise content for the purposes of consultation, cataloguing and archiving;
Amendment 489 #
Motion for a resolution Paragraph 21 Amendment 49 #
Motion for a resolution Recital A A. whereas the European legal framework for copyright and related rights is
Amendment 490 #
Motion for a resolution Paragraph 21 Amendment 491 #
Motion for a resolution Paragraph 21 Amendment 492 #
Motion for a resolution Paragraph 21 Amendment 493 #
Motion for a resolution Paragraph 21 21. C
Amendment 494 #
Motion for a resolution Paragraph 21 21.
Amendment 495 #
Motion for a resolution Paragraph 21 21.
Amendment 496 #
Motion for a resolution Paragraph 21 21. Calls on the EU legislator to
Amendment 497 #
Motion for a resolution Paragraph 21 21. Calls on the EU legislator to
Amendment 498 #
Motion for a resolution Paragraph 21 21.
Amendment 499 #
Motion for a resolution Paragraph 21 21.
Amendment 5 #
Motion for a resolution Citation 1 – having regard to Articles 4, 26, 34, 114, 118 and 1
Amendment 50 #
Motion for a resolution Recital A A. whereas a revision of the European legal framework for copyright and related rights is central to the promotion of creativity
Amendment 500 #
Motion for a resolution Paragraph 21 21. Calls on the EU legislator to
Amendment 501 #
Motion for a resolution Paragraph 21 21.
Amendment 502 #
Motion for a resolution Paragraph 21 21. Calls on the EU legislator to preclude Member States from introducing statutory licences for the compensation of rightholders for
Amendment 503 #
Motion for a resolution Paragraph 21 21.
Amendment 504 #
Motion for a resolution Paragraph 21 21.
Amendment 505 #
Motion for a resolution Paragraph 21 21. Calls on the EU legislator to protect consumers by preclud
Amendment 506 #
Motion for a resolution Paragraph 21 21. Calls on the EU legislator to preclude Member States from introducing statutory licences for the compensation of rightholders for the harm caused by acts made permissible by an exception that is legally permitted under that country's own legislation;
Amendment 507 #
Motion for a resolution Paragraph 21 a (new) 21a. Requests the Commission to explore the various legal bases at EU level that are necessary to allow, as EU rule or in Member States, the legalization of non- commercial private sharing between individuals of digital works, which is a right of EU citizens that should not be jeopardized by copyright rules;
Amendment 508 #
Motion for a resolution Paragraph 21 b (new) 21b. Calls for ensuring access to information for persons with a disability, which is directly related to the disability and of a non-commercial nature;
Amendment 509 #
Motion for a resolution Paragraph 21 c (new) 21c. Deplores the lack of harmonisation between Member States as regards the interpretation of Article 5.2 b of Directive 2001/29/EC on exceptions for reproductions on any medium made by a natural person for private use, and as regards the remuneration schemes to compensate for the prejudice to rightholders put in place in some Member States to allow for the fair compensation of the rightholders in relation to these acts of copying, which affects the functioning of the internal market;
Amendment 51 #
Motion for a resolution 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 510 #
Motion for a resolution Paragraph 22 22.
Amendment 511 #
Motion for a resolution Paragraph 22 22. C
Amendment 512 #
Motion for a resolution Paragraph 22 22.
Amendment 513 #
Motion for a resolution Paragraph 22 22.
Amendment 514 #
Motion for a resolution Paragraph 22 22.
Amendment 515 #
Motion for a resolution Paragraph 22 22.
Amendment 516 #
Motion for a resolution Paragraph 22 22.
Amendment 517 #
Motion for a resolution Paragraph 22 22.
Amendment 518 #
Motion for a resolution Paragraph 22 22.
Amendment 519 #
Motion for a resolution Paragraph 22 22.
Amendment 52 #
Motion for a resolution Recital A A. whereas the European legal framework for copyright and related rights is central to
Amendment 520 #
Motion for a resolution Paragraph 22 22. Calls for the adoption of harmonised criteria for defining the harm caused to rightholders in respect of reproductions made by a natural person for private use, taking into account recital 35 of the Directive, which recognises that harm to rightholders in some circumstances is minimal and no payment is made, and for harmonised transparency measures as regards the private copying levies put in place in some Member States13 ; Draws attention to the the discretion of Member States to provide alternative modes of compensation to levies; __________________ 13 As stated in António Vitorino’s recommendations of 31 January 2013 resulting from the latest mediation process conducted by the Commission in respect of private copying and reprography levies.
Amendment 521 #
Motion for a resolution Paragraph 22 22. Calls for the adoption of harmonised criteria for defining the harm caused to
Amendment 522 #
Motion for a resolution Paragraph 22 22. Calls for the adoption of harmonised criteria, established on the basis of scientifically proven studies, for defining the harm caused to rightholders in respect of reproductions made by a natural person for private use, and for harmonised transparency measures as regards the private copying levies put in place in some Member States13; __________________ 13 As stated in António Vitorino’s recommendations of 31 January 2013 resulting from the latest mediation process conducted by the Commission in respect of private copying and reprography levies.
Amendment 523 #
Motion for a resolution Paragraph 22 a (new) 22a. Notes that the right to impose private copying levies should be governed in such a way as to inform citizens of the actual amount of the levy, its purpose and how it is going to be used;
Amendment 524 #
Motion for a resolution Paragraph 22 b (new) 22b. Stresses that digital levies should be made more transparent and optimised to safeguard rightholder and consumer rights and by taking into account Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market;
Amendment 525 #
Motion for a resolution Paragraph 22 c (new) 22c. Invites the Commission to include alternative types of remuneration in the Directive 2001/29/EG to ensure a fair balance between the copyright owner and the user;
Amendment 526 #
Motion for a resolution Paragraph 22 d (new) 22d. Cautions against private enforcement of copyright to ensure a clear separation of powers, and the appropriate judicial and democratic oversight;
Amendment 527 #
Motion for a resolution Paragraph 22 e (new) 22e. Proposes to strengthen authors' rights by making remuneration rights tied to exceptions and limitations non- transferable to other rightholders;
Amendment 528 #
Motion for a resolution Paragraph 22 f (new) 22f. Asks for further clarification that in the light of a fair balance, no double remuneration should be charged, if the user makes a backup copy, where no harm is caused. The remuneration should refer to the actual damage.
Amendment 529 #
Motion for a resolution Paragraph 23 Amendment 53 #
Motion for a resolution Recital A A. whereas the European legal framework for copyright and related rights is central to the promotion of creativity and innovation, to safeguarding cultural diversity and to access to knowledge and information;
Amendment 530 #
Motion for a resolution Paragraph 23 Amendment 531 #
Motion for a resolution Paragraph 23 23. Stresses that
Amendment 532 #
Motion for a resolution Paragraph 23 23. Stresses that the effective exercise of exceptions or limitations, and access to content that is not subject to copyright or related rights protection, should not be hindered by technological measures and that member states should have sufficient enforcement measures in place to deter any such actions;
Amendment 533 #
Motion for a resolution Paragraph 23 23.
Amendment 534 #
Motion for a resolution Paragraph 23 23.
Amendment 535 #
Motion for a resolution Paragraph 23 23. Stresses that the effective exercise of exceptions or limitations, and access to content that is not subject to copyright or related rights protection, should not be
Amendment 536 #
Motion for a resolution Paragraph 23 23. Stresses that the effective exercise of exceptions or limitations, and access to content that is not subject to copyright or related rights protection, should not be waived by contract or hindered by technological measures of protection or online contracts in the digital environment;
Amendment 537 #
Motion for a resolution Paragraph 23 23. Stresses that the effective exercise of exceptions or limitations, and access to content that is not subject to copyright or related rights protection, should not be unduly hindered by technological measures;
Amendment 538 #
Motion for a resolution Paragraph 23 a (new) 23a. Points out that the rapid rate of technological development in the digital market calls for a technologically neutral legislative framework for copyrights;
Amendment 539 #
Motion for a resolution Paragraph 24 Amendment 54 #
Motion for a resolution Recital A A. whereas the European legal framework for copyright and related rights is central to the promotion of creativity
Amendment 540 #
Motion for a resolution Paragraph 24 Amendment 541 #
Motion for a resolution Paragraph 24 Amendment 542 #
Motion for a resolution Paragraph 24 Amendment 543 #
Motion for a resolution Paragraph 24 Amendment 544 #
Motion for a resolution Paragraph 24 Amendment 545 #
Motion for a resolution Paragraph 24 Amendment 546 #
Motion for a resolution Paragraph 24 Amendment 547 #
Motion for a resolution Paragraph 24 Amendment 548 #
Motion for a resolution Paragraph 24 Amendment 549 #
Motion for a resolution Paragraph 24 24.
Amendment 55 #
Motion for a resolution Recital A A. whereas the European legal framework for copyright and related rights is central to the promotion of creativity and innovation, cultural diversity, economic growth and to access to knowledge and information;
Amendment 550 #
Motion for a resolution Paragraph 24 24.
Amendment 551 #
Motion for a resolution Paragraph 24 24. Recommends
Amendment 552 #
Motion for a resolution Paragraph 24 a (new) 24a. Urges to establish that the orders against intermediaries to protect copyright are given only by the competent judicial authority with reference to the limits imposed by Directive 2004/48 (ex Art. 11), the Charter of Fundamental Rights of the European Union, Article. 51, par. 1, and Article 6 TEU;
Amendment 553 #
Motion for a resolution Paragraph 24 b (new) 24b. Recognises the role of proportionate and effective enforcement in supporting creators, rightholders and consumers;
Amendment 554 #
Motion for a resolution Paragraph 24 c (new) 24c. Calls on distributors to publish all available information concerning the technological measures necessary to ensure interoperability of their content;
Amendment 555 #
Motion for a resolution Paragraph 24 d (new) 24d. Expresses concern and regret with regard to the political obstacles in the Council which are still delaying ratification of the Treaty of Marrakesh for the Blind, which was already signed by the European Union in 2013;
Amendment 556 #
Motion for a resolution Paragraph 24 e (new) 24e. Calls on the Commission and the legislature to consider solutions for the displacement of value from content to services; stresses the need to adjust the definition of the status of intermediary in the current digital environment;
Amendment 56 #
Motion for a resolution Recital A a (new) Aa. whereas a harmonised legal framework which protects copyright and related rights by establishing a greater degree of legal certainty and a high level of protection can foster substantial investment in creativity and innovation and contribute to growth and greater competitiveness in Europe, as regards both content and the digital economy and, more generally, in broad areas of industry and the arts; whereas in this way existing jobs can be safeguarded and new jobs created;
Amendment 57 #
Motion for a resolution Recital A a (new) Aa. Whereas copyright law in the EU should reflect the core principles and values of European law, including freedom of expression and information as well as freedom of competition;
Amendment 58 #
Motion for a resolution 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 59 #
Motion for a resolution Recital A a (new) Aa. whereas in pursuit of those objectives the interests of authors, performers, cultural entrepreneurs and the general public, who make use of creative works, need to be set off against each other;
Amendment 60 #
Motion for a resolution Recital A b (new) Ab. whereas the purpose of copyright has traditionally been to strike a balance between the opposing interests of stakeholders by, on the one hand, ensuring adequate remuneration for creative work performed and investments made and, on the other, establishing a number of exceptions to and limitations on exclusive rights, in order to foster the dissemination of creative works;
Amendment 61 #
Motion for a resolution 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 62 #
Motion for a resolution 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, while providing for a high level of protection of intellectual property to foster investment in creativity and innovation and creative developments, and to safeguard employment and encourage job creation;
Amendment 63 #
Motion for a resolution 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 while maintaining the vitality of a sustainable creative economy in Europe;
Amendment 64 #
Motion for a resolution Recital B B. whereas Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society
Amendment 65 #
Motion for a resolution 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, while providing for a high level of protection of intellectual property to foster investment in creativity and innovation and creative developments, and to safeguard employment and encourage job creation;
Amendment 66 #
Motion for a resolution Recital B B. whereas the objective of Directive 2001/29/EC
Amendment 67 #
Motion for a resolution 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, while providing for a high level of protection of intellectual property, taking as a basis the rights of creators, to foster investment in creativity and innovation and creative developments, and to safeguard employment and encourage job creation;
Amendment 68 #
Motion for a resolution Recital B B. whereas the objective of Directive 2001/29/EC
Amendment 69 #
Motion for a resolution Recital B a (new) Ba. Whereas the European Commission and the Member States are making considerable investments in the digitization and online accessibility of the rich collections of Europe's cultural heritage institutions, so that citizens can enjoy access from everywhere on any device;
Amendment 7 #
Motion for a resolution Citation 1 a (new) – having regard to the UNESCO Convention of 20 October 2005 on the Protection and Promotion of the Diversity of Cultural Expressions,
Amendment 70 #
Motion for a resolution 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 #
Motion for a resolution Recital B a (new) Ba. whereas the digital revolution has brought with it new technique and means of communication and opened the way to new forms of expression which, while calling into question the long-established three-way relationship between creators, cultural entrepreneurs and users, has spurred the emergence of a knowledge- based economy providing new jobs and helping to promote culture and innovation;
Amendment 72 #
Motion for a resolution Recital B a (new) Ba. whereas Directive 2001/29/EC also addresses a number of EU obligations under international law, including the provisions of the Berne Convention for the Protection of Literary and Artistic Works, of the WIPO Copyright Treaty and of the WIPO Performances and Phonograms Treaty;
Amendment 73 #
Motion for a resolution Recital B b (new) Bb. Whereas geoblocking is common practice in Europe and limits access to content to national territory;
Amendment 74 #
Motion for a resolution Recital B b (new) Bb. whereas in the new digital environment consumers are not only users of creative works but are also increasingly becoming creators and distributors of their own works, albeit not on a commercial basis;
Amendment 75 #
Motion for a resolution Recital B b (new) Bb. whereas any political initiative concerning the digital single market must be in keeping with the Charter of Fundamental Rights of the European Union, and in particular Articles 11, 13, 14, 16, 17 and 22 thereof;
Amendment 76 #
Motion for a resolution Recital B c (new) Bc. Whereas cultural diversity and language diversity exceeds national borders, with some European languages spoken in multiple countries;
Amendment 77 #
Motion for a resolution Recital B c (new) Bc. whereas the harmonisation of certain aspects of copyright and related rights in the information society sought by Directive 2001/29/EC has not been achieved, in particular as regards the exceptions and limitations for which the directive provides;
Amendment 78 #
Motion for a resolution Recital B d (new) Bd. Whereas European citizens pay taxes for public broadcasting and in some occasions private copyright levies;
Amendment 79 #
Motion for a resolution Recital B d (new) Bd. whereas the failure to harmonise laws on copyright and related rights is hampering the completion and operation of the internal market provided for in the Treaties;
Amendment 8 #
Motion for a resolution 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 80 #
Motion for a resolution Recital B e (new) Be. Whereas the establishment of a fully functioning market for copyright protected works in the European Union, as necessitated in particular by the Internet as the primary means of providing information and entertainment services across the Member States, requires common rules on copyright in the EU that reflect and integrate both the civil and common law traditions of copyright and authors' right respectively;
Amendment 81 #
Motion for a resolution Recital B e (new) Be. whereas the failure to harmonise laws on copyright and related rights and the resulting restrictions on access to digital content available on line are viewed by the general public as arbitrary and unpredictable, and are thus a source of legal uncertainty;
Amendment 82 #
Motion for a resolution Recital B f (new) Bf. Whereas twenty years of harmonization has brought only partial harmonization on certain aspects of the law of copyright in the Member States of the EU;
Amendment 83 #
Motion for a resolution Recital B f (new) Bf. whereas in its communication entitled ‘A single market for 21st century Europe’ (COM(2007)0724), the Commission emphasised the need to promote the free movement of knowledge and innovation as a ‘fifth freedom’ in the single market;
Amendment 84 #
Motion for a resolution 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
Amendment 85 #
Motion for a resolution 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
Amendment 86 #
Motion for a resolution 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
Amendment 87 #
Motion for a resolution 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
Amendment 88 #
Motion for a resolution 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 protection of intellectual property;
Amendment 89 #
Motion for a resolution 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
Amendment 9 #
Motion for a resolution Citation 2 – having regard to Articles 11, 13, 14, 16, 17, 22, 47 and 52 of the Charter of Fundamental Rights of the European Union,
Amendment 90 #
Motion for a resolution Recital C C. whereas the Charter of Fundamental Rights protects the freedom of expression, the freedom of the arts and scientific research, cultural diversity, intellectual property rights, freedom of information, the right to education and the freedom to conduct a business;
Amendment 91 #
Motion for a resolution Recital C C. whereas the Charter of Fundamental Rights protects
Amendment 92 #
Motion for a resolution Recital C C. whereas the Charter of Fundamental Rights protects
Amendment 93 #
Motion for a resolution 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
Amendment 94 #
Motion for a resolution Recital C a (new) Ca. Whereas Article 11 of the Charter of Fundamental Rights defines the right of freedom of expression as including the freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers;
Amendment 95 #
Motion for a resolution Recital D Amendment 96 #
Motion for a resolution Recital D Amendment 97 #
Motion for a resolution Recital D Amendment 98 #
Motion for a resolution Recital D Amendment 99 #
Motion for a resolution Recital D source: 549.469
2015/03/06
CULT
121 amendments...
Amendment 1 #
Draft opinion Paragraph -1 (new) -1. Reiterates the importance of a modern pro-competitive and citizens friendly copyright framework responding to the challenges of the digital environment; recognises the need of a holistic approach in the modernisation of the copyright rules to address the existent market fragmentations in particular for online rights management and to guarantee a safe, adequate and secure environment for consumers, creators and copyright users;
Amendment 10 #
Draft opinion Paragraph 1 1. Highlights the need for a common definition of ‘public domain’ so as to ensure the widespread dissemination of cultural content across the
Amendment 100 #
Draft opinion 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 101 #
Draft opinion Paragraph 7 Amendment 102 #
Draft opinion Paragraph 7 7. Stresses that digital levies should be
Amendment 103 #
Draft opinion Paragraph 7 7. Stresses that digital levies should be m
Amendment 104 #
Draft opinion Paragraph 7 7. Stresses that digital levies should be modernised in light of the development of digital technologies to safeguard rightholder and consumer rights and by taking into account Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market; in particular calls for the adoption of harmonised criteria for the interpretation of the harm caused to rightholders in respect of reproductions made by a natural person for private use, and for harmonised transparency measures as regards the private copying levies put in place in some Member States;
Amendment 105 #
Draft opinion Paragraph 7 a (new) 7a. Notes that further analysis is necessary on the viability of measures to the fair compensation of rightholders in respect of reproductions made by natural persons for private use, while seeks more transparency and better optimalisation for the existing measures as digital levies to safeguard rightholder and consumer rights;
Amendment 106 #
Draft opinion Paragraph 7 a (new) 7a. Suggests to follow the instructions included in António Vitorino's recommendations, of 31 January 2013 resulting from the last mediation process on private copying and reprography levies conducted by the Commission, especially with regard to the clear indication of the percentage to be allocated to private copying in sales to consumers and the introduction of the principle of perception of private copying proceeds directly by authors, ensuring that this allocation is not intermediated by a third party, or that there are intermediate steps that do not impair the right of the author to see themselves fully recognised the fair compensation; fair compensation may not apply to the business sector and professional users, given the incompatibility of such use with the concept of private copying;
Amendment 107 #
Draft opinion Paragraph 8 Amendment 108 #
Draft opinion Paragraph 8 8. Suggests a review of the liability of service providers
Amendment 109 #
Draft opinion Paragraph 8 8. Suggests a review of the liability of
Amendment 11 #
Draft opinion Paragraph 1 a (new) 1a. Notes that the rules laid down by the Term Directive have been implemented in different ways by Member States leading to divergences in termination of copyright protection and when works fall into the public domain in different Member States; therefore calls on the Commission to harmonise the term of protection of copyright and the way it is calculated across the Union to ensure it does not exceed the current international standards set out in the Berne Convention;
Amendment 110 #
Draft opinion Paragraph 8 8. Suggests a review of the liability of service providers
Amendment 111 #
Draft opinion Paragraph 8 8. Suggests
Amendment 112 #
Draft opinion Paragraph 8 8. Suggests a review of the liability and status of service providers to guarantee the legal dissemination of culture a
Amendment 113 #
Draft opinion Paragraph 8 a (new) 8a. Calls for the introduction of Community provisions in the area of contract law applicable to copyright, particularly safeguarding authors' rights to bring their works to the market in case a rightholder has refrained from making use of an exclusive right to the work in question for an extended period of time;
Amendment 114 #
Draft opinion Paragraph 8 a (new) 8a. Urges to establish that the orders against intermediaries to protect copyright are given only by the competent judicial authority with reference to the limits imposed by Directive 2004/48 (ex Art. 11), the Charter of Fundamental Rights of the European Union, Article. 51, par. 1, and Article. 6 TEU;
Amendment 115 #
Draft opinion Paragraph 8 a (new) 8a. Stresses the necessity for authors and performers to be provided with legal protection for their creative and artistic work; taking into account specificity of the audiovisual sector recommends introducing an unwaivable right to remuneration for authors of audiovisual works for making their works available;
Amendment 116 #
Draft opinion Paragraph 8 a (new) 8a. Recognizes that commercial copyright infringing activities pose a serious threat to the functioning of the digital single market and to the development of the legal offer of diversified cultural and creative content online;
Amendment 117 #
Draft opinion Paragraph 8 a (new) 8a. Recognizes that commercial copyright infringing activities pose a serious threat to the functioning of the digital single market and to the development of the legal offer of diversified cultural and creative content online;
Amendment 118 #
Draft opinion Paragraph 8 b (new) 8b. Suggests to strengthen the safe harbour principles in the matter of liability of service providers to guarantee widespread dissemination of culture within the EU and in accordance with the Charter of Fundamental Rights of the European Union and ECHR;
Amendment 119 #
Draft opinion Paragraph 8 b (new) 8b. Points out that the rapid rate of technological development in the digital market calls for a technologically neutral legislative framework for copyrights;
Amendment 12 #
Draft opinion Paragraph 1 a (new) 1a. Calls for the revision of the Directive in the light of development of digital technologies in the last decade and their considerable impact on the way content is created, produced and disseminated;
Amendment 120 #
Draft opinion Paragraph 8 b (new) 8b. Points out that the rapid rate of technological development in the digital market calls for a technologically neutral legislative framework for copyrights;
Amendment 121 #
Draft opinion Paragraph 8 c (new) Amendment 13 #
Draft opinion Paragraph 1 a (new) 1a. Recalls that the European cultural markets are naturally heterogeneous because of the European cultural and linguistic diversity, notes that this diversity should be considered as a benefit rather than an obstacle to the Single Market;
Amendment 14 #
Draft opinion Paragraph 1 c (new) 1c. Recalls that the European cultural markets are naturally heterogeneous because of the European cultural and linguistic diversity, notes that this diversity should be considered as a benefit rather than an obstacle to the Single Market;
Amendment 15 #
Draft opinion Paragraph 1 e (new) 1e. Recalls that the European cultural markets are heterogeneous representing the European cultural and linguistic diversity, notes that this diversity should be considered as a benefit rather than an obstacle to the Single Market;
Amendment 16 #
Draft opinion Paragraph 1 g (new) 1g. Stresses that the copyright framework and its effective enforcement, that attain and safeguard a fair remuneration for artists, creators and rightholders play a vital role in encouraging creativity, fostering cultural diversity and ensuring the creation of new creative and cultural content across the Union;
Amendment 17 #
Draft opinion 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 18 #
Draft opinion Paragraph 1 b (new) 1b. Stresses that the copyright framework and its effective enforcement, that attain and safeguard a fair remuneration for artists, creators and rightholders play a vital role in encouraging creativity, fostering cultural diversity and ensuring the creation of new creative and cultural content across the Union;
Amendment 19 #
Draft opinion Paragraph 1 a (new) 1a. Stresses that a fair remuneration of authors and creators is key to support Union cultural contents and to ensure effective freedom to create; underlines however that interests of intermediaries and rightholders are not equivalent to author's interests and urges therefore the Commission to explore new legal solutions with the objective of strenghtening the contractual position of authors and creators regarding rightholders;
Amendment 2 #
Draft opinion Paragraph -1 (new) -1. Highlights that adequate protection of copyright works and subject matter of related rights is also of great importance from a cultural standpoint. Article 167 of the Treaty on the Functioning of the European Union requires the Union to take cultural aspects into account in its action;
Amendment 20 #
Draft opinion Paragraph 1 b (new) 1b. Recommends that the EU legislator should, while protecting personal information, further lower the barriers for re-use of public sector information by exempting official works, which are produced by government employees as part of their official duty within the political, legal and administrative process, from copyright protection;
Amendment 21 #
Draft opinion Paragraph 1 b (new) 1b. Acknowledges the important role played by copyright legislation in safeguarding the interests of artists, creators and authors, whilst stimulating creativity, cultural and artistic livelihoods;
Amendment 22 #
Draft opinion Paragraph 1 d (new) 1d. Recalls that there is nothing within the current legal framework to prohibit the use of multi-territorial and pan- European licences, notes however that the demand for those licences remains weak, and stresses that these licences should remain optional; emphasizes that multi- territorial and pan-European licenses should ensure the fair remuneration of artists, creators and right-holders;
Amendment 23 #
Draft opinion Paragraph 1 b (new) 1b. Recalls that there is nothing within the current legal framework to prohibit the use of multi-territorial and pan- European licences, calls for an easier access to those optional licences; emphasizes that multi-territorial and pan- European licenses should ensure the fair remuneration of artists, creators and right-holders;
Amendment 24 #
Draft opinion Paragraph 1 c (new) 1c. Underlines the need to provide for appropriate remuneration of authors and all categories of rightholders;
Amendment 25 #
Draft opinion Paragraph 1 c (new) 1c. Emphasizes that any reform of the copyright framework should take as a basis a high level of protection, and develop an evidence-based approach taking into consideration the interest of small and medium-sized enterprises, since rights are crucial to intellectual creation and provide a stable, clear and flexible legal base that fosters investment and growth in the creative and cultural sector, whilst removing legal uncertainties and inconsistencies that adversely affect the functioning of the internal market to the prejudice of consumers and rightholders;
Amendment 26 #
Draft opinion Paragraph 1 b (new) 1b. Emphasizes that any reform of the copyright framework should take as a basis of proportional and adequate protection, since rights are crucial to intellectual creation and provide a stable, clear and flexible legal base that fosters investment and growth in the creative and cultural sector, whilst removing legal uncertainties and inconsistencies that adversely affect the functioning of the internal market;
Amendment 27 #
Draft opinion Paragraph 1 h (new) 1h. Emphasizes that any reform of the copyright framework should take as a basis a high level of protection, since rights are crucial to intellectual creation and provide a stable, clear and flexible legal base that fosters investment and growth in the creative and cultural sector, whilst removing legal uncertainties and inconsistencies that adversely affect the functioning of the internal market;
Amendment 28 #
Draft opinion Paragraph 1 d (new) 1d. Acknowledges the role of producers, publishers and distributors in disseminating cultural works and highlights the need of safeguarding a fair balance between the interests of all parties;
Amendment 29 #
Draft opinion Paragraph 1 d (new) 1d. Stresses that any reform on copyright needs to find 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, and which enables users to access services but at the same time can generate sufficient benefits to promote Europe's cultural content and to generate more content;
Amendment 3 #
Draft opinion Paragraph -1 (new) -1. Urges to improve the contractual position of authors and performers in their relation to other rightholders and intermediaries;
Amendment 30 #
Draft opinion Paragraph 1 d (new) 1d. Recalls that the Union, as well as the Member States, are parties to international treaties on copyright that involve a certain number of obligations and guarantees that should be respected;
Amendment 31 #
Draft opinion Paragraph 1 g (new) 1g. Acknowledges the high interest of all stakeholders, including consumers, rightholders and other stakeholders in the copyright reform, as indicated by the responses to the public consultation conducted by the Commission;
Amendment 32 #
Draft opinion Paragraph 1 e (new) 1e. Acknowledges the high interest of all stakeholders, including consumers, rightholders and other stakeholders in the copyright reform, as indicated by the responses to the public consultation conducted by the Commission;
Amendment 33 #
Draft opinion Paragraph 1 c (new) 1c. Supports the initiatives aimed at enhancing the portability, within the Union, of online services of legally acquired and legally made available content, whilst fully respecting copyrights and the interests of right-holders;
Amendment 34 #
Draft opinion Paragraph 1 f (new) 1f. Supports the initiatives aimed at enhancing the portability, within the Union, of online services of legally acquired and legally made available content, whilst fully respecting copyrights and the interests of right-holders;
Amendment 35 #
Draft opinion Paragraph 1 e (new) 1e. Supports the initiatives aimed at enhancing the portability of online services of legally acquired and legally made available content within the Union, whilst fully respecting copyrights and the interests of right-holders;
Amendment 36 #
Draft opinion Paragraph 1 a (new) 1a. Notes that several studies have demonstrated that the cultural and creative sectors, often copyright intensive, already account for up to 4.5% of GDP and up to 8.5 million jobs in the Union and are not only essential for cultural diversity but also significantly contribute to social and economic development, competitiveness, growth and jobs;
Amendment 37 #
Draft opinion Paragraph 1 f (new) 1f. Notes that several studies have demonstrated that the cultural and creative sectors, often copyright intensive, already account for up to 4.5% of GDP and up to 8.5 million jobs in the Union and are not only essential for cultural diversity but also significantly contribute to social and economic development;
Amendment 38 #
Draft opinion 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 39 #
Draft opinion Paragraph 2 Amendment 4 #
Draft opinion Paragraph -1 (new) -1. Reminds that any harmonisation of copyright and related rights must take as a basis a high level of protection;
Amendment 40 #
Draft opinion Paragraph 2 Amendment 41 #
Draft opinion Paragraph 2 2.
Amendment 42 #
Draft opinion Paragraph 3 3. Stresses that
Amendment 43 #
Draft opinion Paragraph 3 3. Stresses that the ability to link one resource to another is one of the fundamental building blocks of the Internet, but stresses that under certain circumstances, embedding and linking
Amendment 44 #
Draft opinion Paragraph 3 3. Stresses that
Amendment 45 #
Draft opinion Paragraph 3 3. Stresses that under certain circumstances embedding and linking
Amendment 46 #
Draft opinion Paragraph 3 3. Stresses that embedding and linking should not be considered acts of communication to the public
Amendment 47 #
Draft opinion Paragraph 3 3. Stresses that embedding and linking
Amendment 48 #
Draft opinion Paragraph 3 3. Stresses that
Amendment 49 #
Draft opinion Paragraph 4 Amendment 5 #
Draft opinion Paragraph 1 Amendment 50 #
Draft opinion Paragraph 4 Amendment 51 #
Draft opinion Paragraph 4 Amendment 52 #
Draft opinion Paragraph 4 Amendment 53 #
Draft opinion Paragraph 4 4. Emphasises th
Amendment 54 #
Draft opinion Paragraph 4 4. Emphasises the need to update the concept of ‘reproduction of works’ by taking into account the possibilities offered by digital technologies in terms of communication to the public and accessibility for persons with disabilities;
Amendment 55 #
Draft opinion Paragraph 4 a (new) 4a. Recalls the European Parliament resolution of 27 February 2014 on private copying levies (2013/2114 (INI)) and ask the Commission to implement those proposals in a coherent manner;
Amendment 56 #
Draft opinion Paragraph 5 Amendment 57 #
Draft opinion Paragraph 5 Amendment 58 #
Draft opinion Paragraph 5 5.
Amendment 59 #
Draft opinion Paragraph 5 5. Urges
Amendment 6 #
Draft opinion Paragraph 1 Amendment 60 #
Draft opinion Paragraph 5 5.
Amendment 61 #
Draft opinion Paragraph 5 5. Urges for the establishment of mandatory limitations and exceptions
Amendment 62 #
Draft opinion Paragraph 5 5.
Amendment 63 #
Draft opinion Paragraph 5 5. Urges for the establishment of mandatory limitations and exceptions to copyright,
Amendment 64 #
Draft opinion Paragraph 5 a (new) 5a. Reminds that a fair balance of rights and interests between the different categories of rightholders, as well as between the different categories of rightholders and users of protected subject-matter must be safeguarded; the existing exceptions and limitations to the rights as set out by the Member States have to be reassessed in the light of the new electronic environment; existing differences in the exceptions and limitations to certain restricted acts have direct negative effects on the functioning of the internal market of copyright and related rights; such differences could well become more pronounced in view of the further development of transborder exploitation of works and cross-border activities; in order to ensure the proper functioning of the internal market, such exceptions and limitations should be defined and implemented more harmoniously; the degree of their harmonisation should be based on their impact on the smooth functioning of the internal market and improving of cultural production, while ensuring fair compensation of authors; ;Or. en
Amendment 65 #
Draft opinion Paragraph 5 a (new) 5a. Stresses the need to adopt provisions which enable, due to limitations and exceptions to the rights of copyright holders, works published in formats that are accessible to visually impaired people to be reproduced, distributed and made available; these measures are vital for ensuring that people with disabilities are able to fully participate in social, cultural and economic life;
Amendment 66 #
Draft opinion Paragraph 5 a (new) 5a. Urges the European legislator to ensure technological neutrality and future-compatibility of exceptions and limitations by taking due account of the effects of media convergence; therefore calls on the EU legislator to expressly include audio-visual quotations in the existing quotation exception in order to enable the use of quotations in new media formats; these quotations should be adequate in terms of length in relation to the type of source material;
Amendment 67 #
Draft opinion Paragraph 5 a (new) 5a. Encourages, to fully exploit the possibilities offered by new digital technologies and favour learning and widespread culture dissemination, to provide for new mechanisms of content fruition such as e-lending;
Amendment 68 #
Draft opinion Paragraph 5 a (new) 5a. Notes that the room for manoeuvre left to Member States in accordance with the subsidiarity principle has enabled them to adapt exceptions and limitations to their social and economic circumstances;
Amendment 69 #
Draft opinion Paragraph 5 a (new) 5a. Recalls that no Member State has applied, or expressed the desire to apply, all the exceptions listed within the 2001/29/EC Directive, recalls that the facultative list of exceptions results from the variety of national cultural policies and provides a necessary flexibility to the Member States;
Amendment 7 #
Draft opinion Paragraph 1 Amendment 70 #
Draft opinion Paragraph 5 a (new) 5a. Stresses that when Member States provide for exceptions and limitations they should ensure that rightholders receive fair compensation and that the exceptions or limitations do not conflict with a normal exploitation of the work or subject-matter and do not unreasonably prejudice the legitimate interests of the rightholder;
Amendment 71 #
Draft opinion 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 72 #
Draft opinion Paragraph 5 b (new) 5b. Calls on the European legislator to ensure that the use of photographs, video footage or other images of works which are permanently located in public places are permitted;
Amendment 73 #
Draft opinion Paragraph 5 b (new) 5b. Urges the Commission and Member states to provide for an updated exception that allows Libraries, Archives and Museums to make protected works in their collections that are not in commercial circulations anymore or otherwise actively managed by their rightsholders available for online access by the public;
Amendment 74 #
Draft opinion Paragraph 5 b (new) 5b. Highlights that, in order to widespread disseminate culture and increase educational possibilities, new technologies should be used to increase the legal offer of content by encouraging re-use mechanisms and the birth of a digital second-hand market;
Amendment 75 #
Draft opinion Paragraph 5 b (new) 5b. Acknowledge that Text and data Mining is an emerging and promising practice, in particular for the research field, recalls that innovative licensing solutions are established, but that any preferential treatment should only be applied for non-commercial use;
Amendment 76 #
Draft opinion Paragraph 5 b (new) 5b. Calls on the Commission to ensure that exceptions and limitations are properly implemented; calls on Member States, at the same time, to provide all possible information concerning best practices and the obstacles encountered in the implementation of those exceptions and limitations, in order to promote equal access to cultural diversity across borders within the internal market and to improve legal certainty;
Amendment 77 #
Draft opinion Paragraph 5 f (new) 5f. Where exceptions and limitations are provided for, stresses the need for them to be targeted and narrow whilst reflecting modern digital use, and for clarity to the user with regards to the scope and limits of these exceptions and limitations in order to avoid consumer confusion and ensure legal certainty;
Amendment 78 #
Draft opinion Paragraph 5 b (new) 5b. Where exceptions and limitations are provided for, stresses the need for them to be targeted whilst reflecting modern digital use, and for clarity to the user with regards to the scope and limits of these exceptions and limitations in order to avoid consumer confusion and ensure legal certainty;
Amendment 79 #
Draft opinion Paragraph 5 c (new) 5c. Emphasizes that the exception for caricature, parody and pastiche should apply regardless of the purpose of the parodic use;
Amendment 8 #
Draft opinion Paragraph 1 1. Highlights the need for a common definition of ‘public domain’ works, which are by definition not subject to copyright protection, so as to ensure the widespread dissemination of cultural content across the
Amendment 80 #
Draft opinion Paragraph 5 c (new) 5c. Suggests to the Commission to limit the cases of impediment of free movement of goods and services by blocking the access to content on a territorial basis so that measures put in place are proportionate and applied to avoid the creation of detrimental barriers to legitimate trade and therefore calls for providing safeguards against abuses;
Amendment 81 #
Draft opinion Paragraph 5 c (new) 5c. Notes the need to carry out an in-depth study of exceptions for research and education purposes before contemplating any changes to the relevant Community rules;
Amendment 82 #
Draft opinion Paragraph 5 b (new) 5b. Recognises the importance of libraries for accessing knowledge and encourages the efforts made by the stakeholders to find market-based, contractual and license-based voluntary solutions to allow libraries to make use of the digital environment while respecting the rightholders' interests; notes that the technology allows e-lending of digital content in a way that permit an effective control, calls the Commission to take this into account;
Amendment 83 #
Draft opinion Paragraph 5 c (new) 5c. Recognises the importance of libraries for accessing knowledge and encourages the efforts made by the stakeholders to find voluntary solutions to allow libraries to make use of the digital environment while respecting the rightholders' interests; notes that the technology allow e-lending of e-books in a way that permit an effective control, making it similar to the lending of physical copies, calls the Commission to take this into account;
Amendment 84 #
Draft opinion Paragraph 5 c (new) 5c. Recognises the importance of libraries for accessing knowledge and encourages the efforts made by the stakeholders to find solutions to allow libraries to make use of the digital environment while respecting the rightholders' interests; notes that the technology allows e-lending of e-books in a way that permits an effective control, making it similar to the lending of physical copies;
Amendment 85 #
Draft opinion Paragraph 5 d (new) 5d. Acknowledges the importance of libraries for access to knowledge; encourages stakeholders to find appropriate solutions to enable libraries to fulfil their potential in the digital environment whilst respecting rightholders’ interests;
Amendment 86 #
Draft opinion Paragraph 5 d (new) 5d. Stresses the need to enable automated analytical techniques for text and data ('text and data mining'), for all purposes, provided that the permission to read the work has been acquired;
Amendment 87 #
Draft opinion Paragraph 5 c (new) 5c. Recalls that the Marrakech Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities requires to have a mandatory exception to copyrights for the non-commercial uses to the benefit of persons with a disability, which are directly related to the disability, to the extent required by the specific disability;
Amendment 88 #
Draft opinion Paragraph 5 d (new) 5d. Recalls that the Marrakech Treaty will require the Union to have a mandatory exception to copyrights for the non- commercial uses to the benefit of persons with a disability, which are directly related to the disability, to the extent required by the specific disability;
Amendment 89 #
Draft opinion Paragraph 5 d (new) 5d. Recalls that the Marrakech Treaty will require the Union to have a mandatory exception to copyrights for the non- commercial uses to the benefit of persons with a disability, which are directly related to the disability, to the extent required by the specific disability;
Amendment 9 #
Draft opinion Paragraph 1 1. Highlights the need for a common definition of ‘public domain’ so as to ensure the widespread dissemination of cultural content across the
Amendment 90 #
Draft opinion Paragraph 6 Amendment 91 #
Draft opinion Paragraph 6 Amendment 92 #
Draft opinion Paragraph 6 Amendment 93 #
Draft opinion Paragraph 6 6. Highlights the fact that a general flexible exception
Amendment 94 #
Draft opinion Paragraph 6 6. Highlights the fact that a general flexible exception
Amendment 95 #
Draft opinion Paragraph 6 6.
Amendment 96 #
Draft opinion Paragraph 6 a (new) 6a. Calls for the introduction of a de minimis exception and limitation that applies analogically the discipline already provided in Article 5.3, in cases that are not regulated, especially bearing in mind the swift technological evolution; this de minimis exception should be evaluated in light of the qualitative and quantitative parameters of three-step test, as provided for by Article 5.5 of the Directive;
Amendment 97 #
Draft opinion Paragraph 6 a (new) 6a. Calls for a flexible interpretation of exceptions and limitations to exclusive rights, allowing to apply exceptions and limitations to uses that are similar to the ones in the original legal provisions, thereby ensuring that exceptions and limitations can be adapted to new forms of usage emerging due to technological change; such flexibility would be subject to the three-step-test, which grants limitations and exceptions in certain special cases that do not conflict with the normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author or rightholder;
Amendment 98 #
Draft opinion Paragraph 6 a (new) 6a. Stresses the fact that exceptions and limitations should be applied whilst taking account of the specific individual features of digital and analogue environments and should neither conflict with the normal exploitation of the work nor unreasonably prejudice the legitimate interests of the author or rightholder; they are established for very specific reasons and should be strictly interpreted by the Member States;
Amendment 99 #
Draft opinion 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;
source: 549.431
2015/03/25
ITRE
134 amendments...
Amendment 1 #
Draft opinion Paragraph 1 1. Stresses that
Amendment 10 #
Draft opinion Paragraph 2 2. Underlines that copyright and related rights should constitute
Amendment 100 #
Draft opinion Paragraph 7 7. Stresses that any legislative change in this area should ensure accessibility for people with disabilities to products and services protected by copyright and related rights
Amendment 101 #
Draft opinion Paragraph 7 7. Stresses that any legislative change in this area should ensure accessibility for people with disabilities to products and services protected by copyright and related rights; Notes the conclusion of the Marrakesh Treaty and requests that an exception be made to allow any person who cannot access a library because of their disability to receive library loans electronically.
Amendment 102 #
Draft opinion Paragraph 7 7. Stresses that any legislative change in this area should ensure accessibility for people with disabilities to products and services protected by copyright and related rights; in this regard, notes the importance of the Marrakesh Treaty; underlines that much work remains to be done in order to open up access to content for people with disabilities, in addition to those affected by visual impairment;
Amendment 103 #
Draft opinion Paragraph 7 7. Stresses that any legislative change in this area should ensure accessibility for people with disabilities to products and services protected by copyright and related rights; expresses concern and regret with regard to the political obstacles in the Council which are still delaying ratification of the Treaty of Marrakesh for the Blind, which was signed by the European Union in 2013;
Amendment 104 #
Draft opinion Paragraph 7 7. Stresses that any legislative change in this area should ensure
Amendment 105 #
Draft opinion Paragraph 7 a (new) 7a. Calls on the Commission to propose an harmonised framework for exceptions and limitations to address the fragmented market, improve legal security and foster cross-border accessibility of copyright content, to allow equal access to cultural diversity across the EU and to conform to consumer expectations;
Amendment 106 #
Draft opinion Paragraph 7 a (new) 7a. Stresses the importance of allowing for content mining (also known as text and data mining) for research projects including both commercial and non- commercial purposes, provided that permission to read the work has been obtained.
Amendment 107 #
Draft opinion Paragraph 7 a (new) 7a. Stresses that any changes to legislation in this field must help improve security of remuneration for copyright holders and the balance of the European cultural economy;
Amendment 108 #
Draft opinion Paragraph 7 a (new) 7a. Underlines the need for a broad and mandatory exception for research purposes, text and data mining, which should cover any kind of research activity.
Amendment 109 #
Draft opinion Paragraph 7 a (new) 7a. Calls on the Commission to propose a mandatory exception for text and data mining to allow researchers to maintain Europe's competitive edge in a global environment.
Amendment 11 #
Draft opinion Paragraph 2 2. Underlines that copyright and related rights constitute the legal framework for the European cultural and creative industries and form the basis for their ability to generate economic activity and employment
Amendment 110 #
Draft opinion Paragraph 7 b (new) 7b. Calls for a flexible interpretation of exceptions and limitations to exclusive rights, allowing to apply exceptions and limitations to uses that are similar to the ones in the original legal provisions, thereby ensuring that exceptions and limitations can be adapted to new forms of usage emerging due to technological change;
Amendment 111 #
Draft opinion Paragraph 7 b (new) 7b. Recalls that when Member States provide for exceptions and limitations, they should ensure that the exceptions or limitations do not conflict with a normal exploitation of the work or subject-matter and do not unreasonably prejudice the legitimate interests of the rightholder;
Amendment 112 #
Draft opinion Paragraph 7 b (new) 7b. As copyright protection is only as effective as the enforcement measures which protect it. Therefore, in order to ensure that the CCI sector in Europe can flourish and to protect innovation, copyright protection must be robust;
Amendment 113 #
Draft opinion Paragraph 8 8. Urges the Commission to take into account the rapidly growing user-created content on the internet when reviewing copyright rules; any new proposal should aim to find a fair balance between protecting IPR and fostering a dynamic and creative internet. For instance, the Commission should propose a legal definition of 'public domain' works that are by definition not subject to copyright protection giving to authors the freedom to dedicate their works to the public domain, and making sure that these works to be protected against private appropriation, either through digitisation or through other means;
Amendment 114 #
Draft opinion Paragraph 8 8. Urges the Commission to take into account the rapidly growing us
Amendment 115 #
Draft opinion Paragraph 8 8. Urges the Commission to take into account the rapidly growing us
Amendment 116 #
Draft opinion Paragraph 8 8. Urges the Commission to take into account the rapidly growing user-created content on the internet and the importance of enhanced user information regarding obligations for anyone who knowingly provides hyperlinks to unauthorised content or links that circumvent paywalls when reviewing copyright rules; any new proposal should aim to find a fair balance between protecting IPR and fostering a dynamic and creative internet.
Amendment 117 #
Draft opinion Paragraph 8 8. Urges the Commission to take into account the rapidly growing user-created content on the internet when reviewing the copyright
Amendment 118 #
Draft opinion Paragraph 8 8. Urges the Commission to take into account the rapidly growing user-created content on the internet when reviewing copyright rules; any new proposal should aim to find a fair balance between
Amendment 119 #
Draft opinion Paragraph 8 8. Urges the Commission to take into account the rapidly growing user-
Amendment 12 #
Draft opinion Paragraph 2 2. Underlines that copyright and related rights constitute the legal framework for the European cultural and creative industries
Amendment 120 #
Draft opinion Paragraph 8 8. Urges the Commission to take into account the rapidly growing user-created content on the internet when reviewing copyright rules; any new proposal should aim to find a fair balance between protecting IPR and the end-users while also fostering a dynamic and creative internet with wide variety of content.
Amendment 121 #
Draft opinion Paragraph 8 a (new) 8a. Notes with concern that the value generated in the digital economy from the exploitation of copyright protected works is not fairly shared, including because of the taxation regime of services providers, with the rightholders; calls on the Commission to investigate the extent and the impact of this transfer of value to the internet intermediaries;
Amendment 122 #
Draft opinion Paragraph 8 a (new) 8a. Encourages the Commission to continue dialogue and collaboration with the United States, on the respective copyright legislative frameworks, within the Transatlantic Trade and Investment Partnership negotiations, to address potential market access barriers and trade obstacles;
Amendment 123 #
Draft opinion Paragraph 8 a (new) 8a. Deplores the introduction of statutory licenses in some MS aimed at news aggregators for acts already made permissible by an exception and calls on the EU legislator to preclude Member States from unilaterally introducing such schemes, which have caused significant damage to the digital economy;
Amendment 124 #
Draft opinion Paragraph 8 a (new) 8a. Stresses that business models in the cultural and creative industries are constantly changing and the aim of the legal framework should be to ensure technological neutrality and facilitate the adjustment process to stimulate future growth, competitiveness and innovation of the Digital Single Market;
Amendment 125 #
Draft opinion Paragraph 8 a (new) 8a. Calls for a broad exception for research and education purposes, which should cover educational and research activities linked to an educational establishment or institution recognised by national authorities or legislation or within the purview of an educational or research programme.
Amendment 126 #
Draft opinion Paragraph 8 a (new) 8a. Acknowledges that text and data mining is an emerging and promising practice, in particular for research; recalls that innovative licensing solutions are established, but that preferential treatment should be applied for non- commercial purpose;
Amendment 127 #
Draft opinion Paragraph 8 a (new) 8a. Calls on the Commission to adapt and standardise the exceptions and limitations permitted in the regulatory framework of the analogue world to the new scenario represented by the digital paradigm, and in particular by cloud computing technologies;
Amendment 128 #
Draft opinion Paragraph 8 a (new) 8a. Supports the initiatives aimed at enhancing the portability, within the EU, of online services of legally acquired and legally made available content, whilst fully respecting copyrights and the interests of right-holders;
Amendment 129 #
Draft opinion Paragraph 8 a (new) 8a. Calls on the Commission to relaunch its work to improve ‘notice-and-action’ procedures’ with a view to bringing forward a legislative proposal without a revision of Directive 2000/31/EC (e-commerce).
Amendment 13 #
Draft opinion Paragraph 2 2. Underlines that copyright and related rights constitute the legal framework for the European
Amendment 130 #
Draft opinion Paragraph 8 b (new) 8b. Believes that common effort should be made in combatting copyright infringements in the EU in order to ensure the protection of copyright and fair remuneration; stresses the need to raise consumer awareness of the consequence of infringement of copyright and related rights;
Amendment 131 #
Draft opinion Paragraph 8 b (new) 8b. whereas the Directive 2013/37/EU on 26 June 2013 on the re-use of public sector information, which provides a common legal framework for an EU market for government-held data (public sector information) and also includes provision on transparency and competition;
Amendment 132 #
Draft opinion Paragraph 8 b (new) 8b. Acknowledges that Text and data Mining is an emerging and promising practice, in particular for the research field, recalls that innovative licensing solutions are established, but that any preferential treatment should only be applied for non-commercial use.
Amendment 133 #
Draft opinion Paragraph 8 b (new) 8b. Urges the Commission to find ways for public and research libraries to lend books to the public in digital formats, irrespective of the place of access and ensuring a fair remuneration to rightholders
Amendment 134 #
Draft opinion Paragraph 8 b (new) 8b. Urges to find a proper solution to ensure that no one should make a profit out of copyright infringements;
Amendment 14 #
Draft opinion Paragraph 2 2. Underlines that copyright and related rights constitute the legal framework for the European cultural and creative industries and form the basis for their ability to generate economic activity and employment
Amendment 15 #
Draft opinion Paragraph 2 2. Underlines that copyright and related rights constitute the legal framework for the European cultural and creative industries and form the basis for their ability to generate economic activity and employment; views with interest the current debate on the merits of introducing a single European Copyright Title on the basis of Article 118 TFEU;
Amendment 16 #
Draft opinion Paragraph 2 2. Underlines that copyright and related rights constitute the legal framework for the European cultural and creative industries, as well as the educational and research sector and for
Amendment 17 #
Draft opinion Paragraph 2 2. Underlines that copyright and related rights constitute the legal framework for the European cultural and creative industries and form the basis for their ability to generate economic activity
Amendment 18 #
Draft opinion Paragraph 2 2. Underlines that copyright and related rights constitute the legal framework for
Amendment 19 #
Draft opinion Paragraph 2 a (new) 2a. Emphasizes that any reform of the copyright framework should take as a basis a high level of protection, since rights are crucial to intellectual creation and provide a stable, clear and flexible legal base that fosters investment and growth in the creative and cultural sector, whilst removing legal uncertainties and inconsistencies that adversely affect the functioning of the internal market;
Amendment 2 #
Draft opinion Paragraph 1 1. Stresses that 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;
Amendment 20 #
Draft opinion Paragraph 2 a (new) 2a. Copyright and related rights are the rights on which the whole creative industries and this value chain are built upon; therefore calls on the Commission to support and protect creators' intellectual property rights to enable creative industries in Europe to flourish.
Amendment 21 #
Draft opinion Paragraph 2 a (new) 2a. Stresses that cultural and creative contents online are key drivers of development of the information society, information technologies and investments in digital infrastructure and services, which thereby foster innovation, growth and creativity.
Amendment 22 #
Draft opinion Paragraph 2 a (new) 2a. Reiterates that the European Union should support its cultural and creative sectors, through a stable, clear and flexible legislative framework, allowing these industries to produce, invest and grow;
Amendment 23 #
Draft opinion Paragraph 2 a (new) 2a. Underlines the need for a modernised copyright that will provide innovative individuals and SMEs the flexibility to contribute to a European single digital market;
Amendment 24 #
Draft opinion Paragraph 2 a (new) 2a. Underlines that the modernisation of the existing copyright rules is an integral part of the Digital Economy;
Amendment 25 #
Draft opinion Paragraph 2 a (new) 2a. Reassesses that copyright is one of the driving forces of innovation and creativity;
Amendment 26 #
Draft opinion Paragraph 2 b (new) 2b. Emphasizes that the reform of the EU copyright framework should ensure a high level of protection for the rightholders, provide the necessary legal clarity and certainty, as well as the flexibility needed to foster investment and growth in the creative and cultural sector; highlights the necessity of removing the legal uncertainties and inconsistencies that adversely affect the functioning of the internal market;
Amendment 27 #
Draft opinion Paragraph 2 b (new) 2b. Recognizes that the development of e- commerce and online activities has brought benefits for society as a whole, but has changed the way IPR enforcement should be considered, particularly because it affords new possibilities for infringement and for spreading tolerance for the idea that IPR infringements could be considered legitimate, especially among the young generation;
Amendment 28 #
Draft opinion Paragraph 2 b (new) 2b. Innovation in creativity and technological advances can have a significant impact on people's lives by enabling different groups to communicate creatively and work collaboratively, thereby both improving the existing skills of creative people and creating added value. This contribute to improved competitiveness, employment and innovation across Europe;
Amendment 29 #
Draft opinion Paragraph 2 b (new) 2b. Recognizes that commercial copyright infringing activities pose a serious threat to the functioning of the digital single market and to the development of the legal offer of diversified cultural and creative content online;
Amendment 3 #
Draft opinion Paragraph 1 1. Stresses that 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; emphasises that cultural industries continued to create jobs during the economic crisis of 2008-2012 and have played an important role in boosting European Union's competitiveness;
Amendment 30 #
Draft opinion Paragraph 2 b (new) 2b. Calls on the Commission to propose a copyright reform built around the indispensable moral rights of authors and creators;
Amendment 31 #
Draft opinion Paragraph 2 c (new) 2c. Recalls that the European cultural markets are naturally heterogeneous because of the European cultural and linguistic diversity, notes that this diversity should be considered as a benefit rather than an obstacle to the Single Market.
Amendment 32 #
Draft opinion Paragraph 2 c (new) 2c. Stresses that enforcement of intellectual property rights plays a significant role in ensuring consumers' confidence and safety, whereas counterfeiting is very often linked with a black economy, cybercrime and terrorism;
Amendment 33 #
Draft opinion Paragraph 3 3.
Amendment 34 #
Draft opinion Paragraph 3 3. Acknowledges the need to review Directive 2001/29/EC in order to ensure appropriate remuneration for copyright holders and appropriate protection of these rights, as well the rights of users in a changing and constantly evolving technological environment, which brings both opportunities and challenges. One of the main aim should be copyright modernization in order to facilitate cross- border access to services and content, while preserving high level of protection of intellectual property rights, serving development and cultural diversity;
Amendment 35 #
Draft opinion Paragraph 3 3. Welcomes the commitment of the Commission on further developing the EU Digital Agenda, including the objective of modernising copyright rules. Acknowledges the need to review Directive 2001/29/EC in order to ensure
Amendment 36 #
Draft opinion Paragraph 3 3. Acknowledges the need to review Directive 2001/29/EC in order to ensure appropriate remuneration for copyright holders and appropriate protection of these rights in a changing and constantly evolving technological environment, which brings both opportunities and challenges; In this regards, emphasizes the need to ensure a fair balance between the different categories of rightholders, as well as between the different categories of rightholders and users of protected subject-matters;
Amendment 37 #
Draft opinion Paragraph 3 3. Acknowledges the need to review Directive 2001/29/EC in order to ensure appropriate remuneration for copyright holders and appropriate protection of these rights in a changing and constantly evolving technological environment, which brings both opportunities and challenges; but also asks for a strong engagement on the principle to re-open as soon as possible by coherence, the Directive 2000/31/EC on electronic commerce, or at the very least Articles 12 to 15 of this legislation.
Amendment 38 #
Draft opinion Paragraph 3 3.
Amendment 39 #
Draft opinion Paragraph 3 3. Acknowledges the need to review Directive 2001/29/EC in order to ensure appropriate remuneration for copyright holders and appropriate protection of these rights in a changing and constantly evolving technological environment, which brings both opportunities and challenges; stresses that modernised copyright rules should achieve a fair balance between all parties involved: consumers, users, creators and right holders.
Amendment 4 #
Draft opinion Paragraph 1 1. Stresses that the European cultural and creative industries are an engine for economic growth, innovation, competitiveness and job creation in the EU, as they employ more than 7 million people and generate more than 4.2 % of EU GDP; emphasises that cultural industries continued to create jobs during the economic crisis of 2008-2012; underlines the importance of the Digital Single Market for SMEs;
Amendment 40 #
Draft opinion Paragraph 3 3. Acknowledges the need to review Directive 2001/29/EC in order to ensure appropriate remuneration for copyright holders and appropriate protection of these rights in
Amendment 41 #
Draft opinion Paragraph 3 3. Acknowledges the need to review Directive 2001/29/EC in order to ensure appropriate remuneration for
Amendment 42 #
Draft opinion Paragraph 3 3.
Amendment 43 #
Draft opinion Paragraph 3 3. Acknowledges the need to review Directive 2001/29/EC in order to ensure a
Amendment 44 #
Draft opinion Paragraph 3 a (new) 3a. Calls on the Commission to carry out an assessment of the different private copying mechanisms in Europe, taking into account the effectiveness and transparency of levies and the changes in the use of private copying ; Considers that the Commission should address the divergences of private copying mechanisms to ensure the free movement of goods and services in the internal market, the fair remuneration of creative and cultural contents and to facilitate the development of new and innovative business models
Amendment 45 #
Draft opinion Paragraph 3 a (new) 3a. Emphasises that a reform of the EU's copyright acquis should continue to strengthen Europe's cultural and creative industries by improving legal certainty in the digital sphere for all involved parties, including rightsholders, businesses and users, and by setting incentives for innovative licensing schemes online and new business models for online distribution of content, thus allowing the sector to benefit from the digital revolution while safeguarding a balanced value chain.
Amendment 46 #
Draft opinion Paragraph 3 a (new) 3a. Believes that the digital environment is generating new forms of production, distribution and consumption that call for adaptation of the current limitations and exceptions in the analogue world to the reality and requirements of the digital environment so as to enable a response to the growth in, and new demand for, online products and services while at the same time ensuring appropriate protection for copyright and related rights and fair remuneration for right holders;
Amendment 47 #
Draft opinion Paragraph 3 a (new) 3a. Believes this review also to be justified by the number of optional exceptions provided for in the Annex to the Directive, which has resulted in a patchwork of national solutions detrimental to intelligibility and legal certainty at a European level; considers therefore that this list of exceptions should be harmonised as fully as is possible;
Amendment 48 #
Draft opinion Paragraph 3 a (new) 3a. Recognises that an appropriate adaptation of Directive 2001/29/EC to the digital era may give rise to entrepreneurship and new business models, thus fostering innovation and employment.
Amendment 49 #
Draft opinion Paragraph 3 a (new) 3a. Calls on the Commission to explore the possibility to significantly shorten the duration of the harmonised terms of protections of copyright within the framework of a modern trade policy agenda;
Amendment 5 #
Draft opinion Paragraph 1 1.
Amendment 50 #
Draft opinion Paragraph 3 a (new) 3a. Welcomes the European Commission commitment to modernise EU legislation on copyright and on audiovisual media service.
Amendment 51 #
Draft opinion Paragraph 3 b (new) 3b. Notes that the application of the European Union legal framework for copyright and related rights is varying widely among Member States, which may create obstacles to the full development and functioning of the Digital Single Market;
Amendment 52 #
Draft opinion Paragraph 3 b (new) 3b. Calls on the Commission to consider a minimum of harmonisation of the exceptions and limitations referred to in Directive 2001/29/EC, including as a means to ensure greater legal certainty;
Amendment 53 #
Draft opinion Paragraph 4 4.
Amendment 54 #
Draft opinion Paragraph 4 4. Considers it necessary to develop a legal framework to strengthen the negotiating and contractual position of authors and performers in relation to other right holders and intermediaries, while keeping the interpretation of exceptions and limitations on the level of Member States to permit the adaptation of the copyright system to different national circumstances and social needs;
Amendment 55 #
Draft opinion Paragraph 4 4. Considers it necessary to develop a legal framework that will be evidence-based, taking into account the experience of all relevant stakeholders, while also strengthening the negotiating and contractual position of authors and performers in relation to other right holders and intermediaries;
Amendment 56 #
Draft opinion Paragraph 4 4.
Amendment 57 #
Draft opinion Paragraph 4 4. Considers it necessary to develop a legal framework to
Amendment 58 #
Draft opinion Paragraph 4 4. Considers it necessary to develop a legal framework to strengthen the negotiating and contractual position of a
Amendment 59 #
Draft opinion Paragraph 4 a (new) 4a. Considers the necessity of strengthening the legal framework of exceptions and limitations for education and research, which in particular supports new educational services and innovative research. The law should also clarify that researchers are allowed to read and analyse all available information, also through text and data mining – taking into account economic added value and competitiveness of European research;
Amendment 6 #
Draft opinion Paragraph 1 a (new) 1a. Given the importance of creative and cultural industries (CCI) in Europe and, given that employment in cultural industries cannot be easily outsourced, stresses the importance of the role of creative and cultural industries both in job creation and as an engine of growth for the European economy;
Amendment 60 #
Draft opinion Paragraph 4 a (new) 4a. Suggests a review of the liability of service providers and intermediaries in order to clarify their legal status and liability with regards to copyrights, to guarantee that due diligence is exercised throughout the creative process and supply chain, and to ensure a fair remuneration for creators and rightholders within the European Union.
Amendment 61 #
Draft opinion Paragraph 4 a (new) 4a. Considers it necessary, as part of an overall reform of copyright, also to introduce measures apt to increase the cross-border supply and availability of digital content, such as new rules on consumer protection, the development of e-commerce, the approximation of VAT rates and the expansion of digital networks;
Amendment 62 #
Draft opinion Paragraph 4 a (new) 4a. Acknowledges that Internet users are increasingly becoming content creators and vectors in opening the knowledge to the general public, thus requiring more legal flexibility when generating new content, remixing or sharing copyright protected content online;
Amendment 63 #
Draft opinion Paragraph 4 b (new) 4b. Considers it necessary to provide a clear updated framework for cultural institutions that allow libraries to conduct e-lending and allows libraries, archives and museums to make available online protected works that are no longer in commercial circulation;
Amendment 64 #
Draft opinion Paragraph 5 5.
Amendment 65 #
Draft opinion Paragraph 5 5. Welcomes the multi-territorial licensing of rights under Directive 2014/26/EU as an
Amendment 66 #
Draft opinion Paragraph 5 5. Welcomes the multi-territorial licensing of rights under Directive 2014/26/EU as an example and a way of overcoming the fragmented internal market;
Amendment 67 #
Draft opinion Paragraph 5 5.
Amendment 68 #
Draft opinion Paragraph 5 5. Welcomes the multi-territorial licensing of rights under Directive 2014/26/EU as an example and a way of overcoming the fragmented internal market; encourages the development of balanced and flexible solutions that help overcome the existing barriers to cross-border access and availability of products and services, including the development of mechanisms for the cross-border portability of lawfully acquired audio-visual content;
Amendment 69 #
Draft opinion Paragraph 5 5. Welcomes the multi-territorial licensing of rights under Directive 2014/26/EU as an example and a way of overcoming the fragmented internal market; encourages the development of balanced and flexible solutions that help overcome the existing barriers to cross-border access and availability of products and services; Also insists that exceptions and limitations to copyright are a key aspect of the copyright system and an important avenue to overcome such barriers;
Amendment 7 #
Draft opinion Paragraph 1 a (new) 1a. Considers that EU copyright law needs to be reformed so as to overcome the current lack of uniformity among the Member States and thus develop the digital single market to the full;
Amendment 70 #
Draft opinion Paragraph 5 5.
Amendment 71 #
Draft opinion Paragraph 5 5. Welcomes
Amendment 72 #
Draft opinion Paragraph 5 5. Welcomes the multi-territorial licensing of rights under Directive 2014/26/EU as an example and a way of overcoming the fragmented internal market; encourages the development of balanced and flexible solutions that help overcome the existing barriers to cross-border access and availability of products and services while ensuring respect for cultural diversity;
Amendment 73 #
Draft opinion Paragraph 5 5. Welcomes the multi-territorial licensing of rights under Directive 2014/26/EU as an example and a way of overcoming the fragmented internal market; encourages the development of balanced and flexible solutions that help overcome
Amendment 74 #
Draft opinion Paragraph 5 a (new) 5a. Notes that, subject to exceptions and limitations, the rights of the creators should be identical in the analogue and digital world; acknowledges that the list of exceptions and limitations requires further consideration so that it is appropriate for the digital era, thus contributing to economic growth, the full development of the Digital Single Market and competitiveness;
Amendment 75 #
Draft opinion Paragraph 5 a (new) 5a. Takes note of the importance of territorial licenses in the EU, particularly with regards to audiovisual and film production which is primarily based on broadcasters pre-purchase or pre- financing systems;
Amendment 76 #
Draft opinion Paragraph 5 a (new) 5a. Recalls that Member States have a positive obligation to provide for a robust and flexible system of copyright exceptions and limitations in order to honour their human rights obligations;
Amendment 77 #
Draft opinion Paragraph 5 b (new) 5b. Calls for a flexible interpretation of exceptions and limitations to exclusive rights, allowing to apply exceptions and limitations to uses that are similar to the ones in the original legal provisions of the directive 2001/29/CE, thereby ensuring that exceptions and limitations can be adapted to new forms of usage emerging due to technological change; such flexibility would be subject to the three- step-test, which grants limitations and exceptions in certain special cases that do not conflict with the normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author or rightholder;
Amendment 78 #
Draft opinion Paragraph 5 b (new) 5b. Stresses that digital levies should be made more transparent and optimised to safeguard rightholder and consumer rights and by taking into account Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi- territorial licensing of rights in musical works for online use in the internal market;
Amendment 79 #
Draft opinion Paragraph 5 c (new) 5c. Calls for a mandatory exception for research and education purposes, which should cover any kind of educational and research activities, including distance education; This should cover not only educational establishments and institutions but also non-governmental organisations recognised by national authorities or legislation or within the purview of an educational or research programme, as well as digital education;
Amendment 8 #
Draft opinion Paragraph 1 a (new) 1a. Welcomes the great interest shown as well as the contributions made by EU citizens in the European Commission Public Consultation round on the Review of the EU Copyright Rules;
Amendment 80 #
Draft opinion Paragraph 5 d (new) 5d. Calls for the adoption of a mandatory exception allowing public and research libraries to lend books to the public in digital formats for personal use, irrespective of the place of access;
Amendment 81 #
Draft opinion Paragraph 5 e (new) 5e. Stresses the need to enable automated analytical techniques for text and data ('text and data mining'), for all purposes, provided that the permission to read the work has been acquired, as a mandatory exception;
Amendment 82 #
Draft opinion Paragraph 5 f (new) 5f. Considers that the practice to restrict access to online content based on the location of the users, that had previously paid for the service to access that content, is harmful to the functioning of the networks and hinders the development of the single digital market;
Amendment 83 #
Draft opinion Paragraph 6 6.
Amendment 84 #
Draft opinion Paragraph 6 6. Stresses that protection of copyright and related rights must respect technological neutrality; But also notes that the digital environment is not the same as the analogue world and stresses the need to closely examine whether additional or alternative forms of copyright protection are needed to address this;
Amendment 85 #
Draft opinion Paragraph 6 6. Stresses that protection of copyright and related rights must respect technological neutrality while providing for a high level of protection of intellectual property to foster investment in creativity and innovation and creative developments, and to safeguard employment and encourage job creation;
Amendment 86 #
Draft opinion Paragraph 6 6. Stresses that protection of copyright and related rights must respect technological neutrality; furthermore stresses that all rights and limitations in the digital environment should be equal to those granted in the analogue world;
Amendment 87 #
Draft opinion Paragraph 6 6. Stresses that protection of copyright and related rights must respect technological neutrality
Amendment 88 #
Draft opinion Paragraph 6 6. Stresses that protection of copyright and related rights must respect technological neutrality and be respected both online and offline;
Amendment 89 #
Draft opinion Paragraph 6 a (new) 6a. Highlights the need to promote greater interoperability in particular for software and terminal, as lack of interoperability hampers innovation, reduces competition and harms consumer; believes that lack of interoperability leads to market dominance of one particular product or service, which in turn stifles competition and limits consumer choice in the EU;
Amendment 9 #
Draft opinion Paragraph 1 a (new) 1a. Reminds that notable contribution to the economic growth, innovation, and job creation in the EU is also generated by institutions relying on exceptions and limitations to copyright;
Amendment 90 #
Draft opinion Paragraph 6 a (new) 6a. Recommends that the EU legislator should, while protecting personal information, further lower the barriers for re-use of public sector information by exempting official works, which are produced by government employees as part of their official duty within the political, legal and administrative process, from copyright protection;
Amendment 91 #
Draft opinion Paragraph 6 a (new) 6a. Recalls that copyright protection is only as effective as the enforcement measures which protect it. Therefore, in order to ensure that the CCI sector in Europe can flourish and to protect innovation, copyright protection must be robust;
Amendment 92 #
Draft opinion Paragraph 6 a (new) 6a. Recognises the necessity and benefits of ensuring portability of online services of legally acquired and legally made available content, within the European Union;
Amendment 93 #
Draft opinion Paragraph 6 b (new) 6b. Notes that the current highly fragmented system of national private copy levies constitutes a deeply unfair and outdated system for compensating rightholders for what amounts to an ordinary and perfectly harmless use by consumers of legally acquired content and that there are no objective and fair methods to redistribute the so-called compensation; therefore, calls on the Commission to phase out private copy levies to fully realise the Digital Single Market;
Amendment 94 #
Draft opinion Paragraph 6 b (new) 6b. Acknowledges that the wide roll-out of internet coverage has given rise to the development of new forms of use of works and calls for adequate return solutions for the rightholders in the digital environment, while also ensuring citizens' access to cultural goods and knowledge;
Amendment 95 #
Draft opinion Paragraph 6 b (new) 6b. Stresses that private entities, e.g. Internet Service Providers and platform owners, should not be obliged to participate in extra-judiciary copyright enforcing;
Amendment 96 #
Draft opinion Paragraph 6 c (new) 6c. Calls on the Commission to assess the available solutions for text and data mining for non-commercial scientific research purposes, taking into account options such as the licensing model, already developed in some Member States;
Amendment 97 #
Draft opinion Paragraph 6 d (new) 6d. With full respect to the principle of subsidiarity, calls on the Commission to explore whether measures to ensure the fair compensation of rightholders in respect of reproductions made by natural persons for private use, such as the private copying levies, are up-to-date and efficient solutions;
Amendment 98 #
Draft opinion Paragraph 6 e (new) 6e. Encourages libraries and archives to engage in voluntary agreements with rightholders, which would enable them to fulfil their public mission in the digital society, while respecting the rights of rightholders;
Amendment 99 #
Draft opinion Paragraph 7 7. Stresses that any legislative change in this area should ensure accessibility for people with disabilities to products and services protected by copyright and related rights; in particular, urges the EU to ratify the Marrakesh Treaty to Facilitate Access to Published Works by Visually Impaired Persons and Persons with Print Disabilities which requires to have a mandatory exception for the non- commercial uses to the benefit of persons with a disability, which are directly related to the disability, to the extent required by the specific disability;
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