2020/2073(INL) | [ParlTrack]

Draft opinion
Paragraph 3

3. Acknowledges that sport is a growing economic sector, which represents 2,12% of Union GDP and 2,72% of employment within the Union ~~(representing an estimated 5,67 million jobs)2~~ 2; acknowledges that the vast majority of sporting activities takes place in non- profit structures based on volunteering activity with 35 million amateurs assisting the development of mass-participation sport and the dissemination of sporting ideals, as do clubs and charitable sports associations; _________________ 2European Commission Study on the Economic Impact of Sport Through Sport Satellite Accounts, 2018.

Amendment 12 #

Draft opinion
Paragraph 3

3. Acknowledges that sport ~~is a growing economic sector, which~~-related sectors represents 2,12% of Union GDP and 2,72% of employment within the Union (representing an estimated 5,67 million jobs)~~2 ; _________________ 2European Commission Study on the Economic Impact of Sport Through Sport Satellite Accounts, 2018.~~;

Amendment 13 #

Draft opinion
Paragraph 3 a (new)

3 a. Considers that digital transformation could accelerate the commercialisation of sport and hence the concentration of funding in a small number of elite clubs; highlights the need for reinforced financial solidarity in the sport ecosystem, in particular for grassroots sport, and the need to ensure the sustainability of funding in the digital environment, guaranteeing established financing of sport activities whilst preserving the autonomy of sport;

Amendment 14 #

Draft opinion
Paragraph 3 a (new)

3 a. Acknowledges, as well, that education, sport services, public administration, accommodation and restaurant services and retail are the largest contributors as sport-related sectors to the Union GDP;

Amendment 15 #

Draft opinion
Paragraph 3 b (new)

3 b. Considers that digital transformation also brings many new opportunities, advantages, and revenue streams to sportsmen and sportswomen, sports organisers, and the sport sector as a whole, namely, it enhances sports experience for consumers, increases potential exposure, and enlarges the audiences and their engagement. The added value of legal online streaming services for the rights holders, commercial partners, and for the whole sports ecosystem comes from increased competitiveness, innovation, increased quality of content and services, and wider access for consumers, thus reducing the attractivity for consumers to visit illegal streaming services;

Amendment 16 #

Draft opinion
Paragraph 3 b (new)

3 b. Recalls that equal opportunity to participate and be involved at all supervision and decision-making levels in physical education, physical activity and sport, whether for the purpose of recreation, health promotion or high performance, is the right of every girl and every woman, that must be actively enforced;

Amendment 17 #

Draft opinion
Paragraph 4

4. Considers that broadcasting rights to live sport events constitute the primary source of income for professional sport in the Union and that such events represent an important source of content for media operators; Notes that such income is vital for the development of grassroots sports given that in many European countries redistribution to grassroots sport depends directly on revenue from sports broadcasting rights;deleted

Amendment 18 #

Draft opinion
Paragraph 4

Amendment 19 #

Draft opinion
Paragraph 4

4. Considers that broadcasting rights to live sport events constitute the primary source of income for professional sport in the Union and that such events represent an important source of content for media operators; Underlines the need to strike a balance between the rights of sports organisers and the rights of the free media with regards to freedom of expression and freedom of the press; Notes that such income is vital for the development of grassroots sports given that in many European countries redistribution to grassroots sport depends directly on revenue from sports broadcasting rights;

Amendment 2 #

Draft opinion
Paragraph 1 a (new)

1 a. Recalls that, under Article 165 of the Treaty on the Functioning of the European Union, the Union shall contribute to the promotion of European sporting issues, while taking account of the specific nature of sport, thus contributing to achieving the Union’s strategic objectives, and should aim at further developing and preserving the European model of sport in the digital environment;

Amendment 20 #

Draft opinion
Paragraph 4

4. Considers that broadcasting rights to live sport events constitute the primary source of income for professional sport in the Union and that such events represent an important source of content for media operators; Notes that a part such income ~~is vital for~~should be directed towards the development of grassroots sports given that in many European countries redistribution to grassroots sport depends directly on revenue from sports broadcasting rights; Calls on the Commission and Member States to promote such a redistribution to the entire Union;

Amendment 21 #

Draft opinion
Paragraph 4

4. Considers that broadcasting rights to live sport events together with sponsorship, advertisement and merchandising constitute the primary source of income for professional sport in the Union and that such events represent an important source of content for media operators; Notes that such income is vital for the development of grassroots sports given that in many European countries redistribution to grassroots sport depends directly on revenue from sports broadcasting rights;

Amendment 22 #

Draft opinion
Paragraph 4

4. Considers that broadcasting rights to live sport events constitute the primary source of income for ~~professional~~ sport in the Union and that such events represent an important source of content for media operators; Notes that such income is vital for the development of grassroots sports given that in many European countries redistribution to grassroots sport depends directly and sometimes exclusively on revenue from sports broadcasting rights;

Amendment 23 #

Draft opinion
Paragraph 4 a (new)

4 a. Notes that, apart from only a handful of “tier-one” sports events, including top division football and a few other sports events depending on national preferences, most professional sports struggle to attract significant revenue from selling their media rights; recalls European sport largely relies on a fabric of small clubs and associations which constitute the backbone of European grassroots sport; notes that a significant part of the irregular income comes from different types of fees such as membership, licensing, participation or subscriptions, public subsidies and sponsorships and that, according to the Commission Staff Wording Document - Impact Assessment accompanying the document Proposal for a Regulation of the European Parliament and of the Council to ensure the cross-border portability of online content services in the internal market1a, of the total budget for grassroots sport, revenue from media rights allocated to grassroots sport represents € 0.5 billion (0.7% of the total); notes that, according to that Commission Staff Working Document, revenues from the domestic sale of media rights make up around one quarter of the income of top division football clubs competing in UEFA club competitions and that in smaller leagues, which are less attractive for media content providers and advertisers, football clubs have to do with much more modest media revenues (10 % or less); _________________ 1ahttps://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:5201 5SC0270&from=EN

Amendment 24 #

Draft opinion
Paragraph 4 a (new)

4 a. Emphasizes that amateur sports is the basis for the professional level, as the small sports clubs at the grassroots level make a significant contribution to the development of young athletes and mostly work on a voluntary basis; Stresses the importance of grassroots sports in promoting social inclusion, especially as regards people with fewer opportunities, and in moving youth away from involvement in violence, including gender-based violence, crime and drug use; Notes that a fair distribution key is required for the income from broadcasting rights that does not leave amateur sports behind;

Amendment 25 #

Draft opinion
Paragraph 4 a (new)

4 a. Considers that sport, using a coordinated approach at the level of the Union, can help address transnational challenges;

Amendment 26 #

Draft opinion
Paragraph 5

5. Notes that ~~the main challenge faced by sport events’ organisers in the digital environment is the online piracy of live broadcasts~~while the digital environment is a challenge when it comes to piracy of sports broadcasting, it is also an opportunity for sports which traditionally are not broadcasted, including parasport and women’s sport, to be broadcasted online and get further visibility; stresses that media coverage is an important indirect driver of othe r reven~~ts they organise~~ue streams, raises a sport’s profile, increases the value of sponsorship deals and has significant potential in attracting new supporters;

Amendment 27 #

5. Notes that the main challenge faced by sport events’ organisers in the digital environment is the online piracy of live broadcasts of the events they organise, especially international sports events, with major territorial implications;

Amendment 28 #

Draft opinion
Paragraph 5 a (new)

5 a. Recognises that the Commission’s Memorandum of understanding (MoU) on online advertising and IPR as a voluntary agreement to limit advertising on websites and mobile applications that infringe copyright or disseminate counterfeit goods is an effective instrument to reduce piracy by minimising advertisement revenues for illegal streaming services;

Amendment 29 #

Draft opinion
Paragraph 5 a (new)

5 a. Recalls that illegal streaming is a complex, underground, multinational network that is expanding by the day; notes that visits to sports piracy websites reached 362.7 million visits in January 2019 alone;

Amendment 3 #

Draft opinion
Paragraph 2

2. Recalls also that sport promotes and teaches values such as tolerance, solidarity, cooperation, and civic engagement, equality, and inclusiveness, while substantially contributing to fundamental educational and cultural values, and serves as a vector for integration and health-enhancing physical activity; recalls that the Union's sport policy must support the aims and objectives of both professional and amateur sports;

Amendment 30 #

Draft opinion
Paragraph 6

6. Recalls that the combination of house right, media contract(s), and intellectual property protection of the audio-visual recording and broadcast effectively allows the sports event organisers to enjoy complete ownership and/or control over the audio-visual rights in the sports events; acknowledges that the upsurge of unlicensed live transmission of sports events ris ~~detrimental to both professional and grassroots sports and threatens~~ ks reducing advertising and sales revenues of “tier-one” sports events; notes that in response to reduced financial offers from media content operators, various “second-tier” rights holders have been exploiting their media rights through their own website or other o~~rganisation and sustainability of sports events as well the financial stability of the whole sport sector;~~nline platforms creating unique opportunities for niche sports to gain media exposure for fans, their brand, and their sponsors1d; _________________ 1dhttps://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:5201 5SC0270&from=EN.

Amendment 31 #

Draft opinion
Paragraph 6 a (new)

6 a. Recalls that end users may endure the consequences of accessing unlicensed stream content by exposing themselves to other forms of harm, including identity theft and other online related intrusions;

Amendment 32 #

Draft opinion
Paragraph 6 a (new)

6 a. Emphasises that infringements of exclusive media rights in sport threaten its long-term funding;

Amendment 33 #

Draft opinion
Paragraph 7

~~7. Notes that sport events’ organisers invest significant financial, technical and human resources to address online piracy and engage with service providers;~~deleted

Amendment 34 #

Draft opinion
Paragraph 7

7. Notes that sport events’ organisers invest significant financial, technical and human resources to address online piracy ~~and~~, engage with service providers, and rely heavily on the large digital infrastructure for ticketing systems, athlete tracking, e- commerce solutions, data and statistical analytics;

Amendment 35 #

Draft opinion
Paragraph 7 a (new)

(7a) Highlights the significant territorial impact of such events, in terms of sports participation and in economic terms, as they do a great deal to boost the economy of the areas hosting them, attracting many tourists and leveraging investment by sponsors and companies in the localities concerned;

Amendment 36 #

Draft opinion
Paragraph 8

8. Stresses that COVID-19 has had a devastating impact on sports ~~events organisers, especially on ticketing revenues, thereby increasing the dependence of sports~~-related sectors and grassroots sport, which has been affected the most, but so has been the professional sport and the entire sport industry and its stakeholders: athletes, coaches, instructors, administrators (employees in sport organisations), volunteers, competition officials (e.g. referees, delegates), businesses, especially micro and small businesses (e.g. fitness clubs, gyms, retailers, events’ organisers ~~on broadcasting revenues~~, marketing agencies, sport equipment producers and renters);

Amendment 37 #

Draft opinion
Paragraph 8 a (new)

8 a. Alerts that if there are no support measures, the economic crisis will result in the bankruptcy of many sports associations, in turn damaging the very fabric of sports in Europe; believes it is, therefore, crucial to support and stimulate a sustainable sport sector in the context of the European initiatives Support to mitigate Unemployment Risks in an Emergency4 (SURE), Coronavirus Response InvestmentInitiative5 (CRII), and Coronavirus Response Investment InitiativePlus6 (CRII+) as well as other initiatives at national and Union level;

Amendment 38 #

8 a. Underlines that in the current context new means of organising sport events should be envisaged, by making full use of the digital technologies available;

Amendment 39 #

Draft opinion
Paragraph 8 a (new)

8 a. Emphasizes that fan culture is an indispensable part of the sports experience and not just a backdrop for marketing a product;

Amendment 4 #

Draft opinion
Paragraph 2

2. Recalls also that sport promotes and teaches values such as ~~tolerance, solidarity, cooperation, and civic engagement~~mutual respect and understanding, solidarity, diversity, fairness, cooperation, and civic engagement; emphasizes that sport knows no borders and unites people from different socioeconomic backgrounds;

Amendment 40 #

Draft opinion
Paragraph 8 b (new)

8 b. Underlines that there is a general public interest in major sporting events such as the FIFA World Cup or the Olympic Games and that access to real- time information about these events must be guaranteed for all citizens; Notes that in this context the access of radio journalists and news reporters to sport events and stadiums also plays an important role, since the consumers are informed about national and international competitions through comments, interviews and reports;

Amendment 41 #

Draft opinion
Paragraph 8 b (new)

8 b. Recalls that sports education has been most often suspended or limited due to the current COVID-19 crisis and calls upon more common efforts to establish and resume, in safe conditions for professors and learners, this type of education across Europe, while at the same time helping it digitalize at a level that will enable the continuation, at a quality rate, of the activities involved;

Amendment 42 #

Draft opinion
Paragraph 8 c (new)

8 c. Underlines the difficulties faced by small sports clubs in dealing with the current pandemic and invites Member States to actively support these types of activities;

Amendment 43 #

Draft opinion
Paragraph 9 a (new)

9 a. Considers that the digital environment offers new opportunities for sport organisers to show sports events which would not be broadcasted free-to- air, and for citizens to access such events; calls on the Commission to allocate Union funding to support the broadcasting of such sport events;

Amendment 44 #

Draft opinion
Paragraph 10

10. Underlines that the legal offers of sports content should be better promoted in the Union and calls on the Commission to take measures that make it easier to find legal offers of sports content ~~and to regularly update the list of such offers on Agorateka.eu~~; recalls that the AVMSD provides for a possibility for Member States to prevent broadcasters under their jurisdiction from broadcasting events of major importance for society exclusively on pay-TV, thereby ensuring public access to these events on free television; asks Member States to implement this provision and facilitate wide access of events of high interest to society, among which sport events;

Amendment 45 #

Draft opinion
Paragraph 10

10. Underlines that the legal offers of sports content should be better promoted in the Union and calls on the Commission to take measures that make it easier to find legal offers of sports content and to regularly update the list of such offers on Agorateka.eu; Stresses that the responsibility for illegal online activities primarily rests with the providers of streams and platforms, not the consumers, who often unintentionally come across illegal online content and should be further informed on the legal options available;

Amendment 46 #

Draft opinion
Paragraph 10

10. Underlines that the legal offers of sports content should be better promoted and further enriched with extra features in the Union and calls on the Commission to take measures that make it easier to find legal offers of sports content and to regularly update the list of such offers on Agorateka.eu;

Amendment 47 #

Draft opinion
Paragraph 10

10. Underlines that the legal offers of sports content should be better promoted in the Union and calls on the Commission to take measures that make it easier to find legal and affordable offers of sports content and to regularly update the list of such offers on Agorateka.eu;

Amendment 48 #

Draft opinion
Paragraph 11

11. Recalls the statement of the Commission included as an Annex to the Resolution of the European Parliament on Copyright in the Digital Single Market adopted in March 2019 according to which “the Commission will assess the challenges of sport event organisers in the digital environment, in particular issues related to the illegal online transmissions of sport broadcasts”3 ; highlights that any legislative proposal addressing those challenges should be accompanied by an impact assessment and should be supported by economic evidence; _________________ 3 https://www.europarl.europa.eu/doceo/doc ument/TA-8-2019-0231_EN.pdf (not yet published in the OJ).

Amendment 49 #

Draft opinion
Paragraph 11 a (new)

11 a. Calls upon the Commission and Member States to revise the legislation regarding betting and gambling, online and offline, in order to assess the possibility of introducing special provisions designed to improve access to additional ressources by professional and amateur sports clubs;

Amendment 5 #

Draft opinion
Paragraph 2

2. Recalls also that sport promotes and teaches values such as tolerance, solidarity, cooperation, and civic engagement and can be considered as a cultural and social need;

Amendment 50 #

Draft opinion
Paragraph 11 a (new)

11 a. Underlines that the effective enforcement of intellectual property rights on sport broadcasts is essential to the sustainable funding of sport at all levels and to ensuring a level playing field;

Amendment 51 #

Draft opinion
Paragraph 12

~~12. Calls on the Commission to present without delay a legislative proposal to address the problem of online piracy of sports broadcasts;~~deleted

Amendment 52 #

Draft opinion
Paragraph 12

12. Calls on the Commission to present without delay a legislative proposal to address the problem of online piracy of sports broadcasts, because there is no single legal framework in the Member States and certainly not in third countries; Stresses the need for a Union-wide Regulation to provide a wide response to illegal broadcasting by regulating the responsibility of the platforms that host such illegal broadcasts;

Amendment 53 #

Draft opinion
Paragraph 12

12. Calls on the Commission to present ~~without delay a legislative proposal~~an assessment of the challenges of sport event organisers in the digital environment without delay and to consider a possible legislative proposal, including the possibility to address the problem of online piracy of sports broadcasts in the Digital Services Act;

Amendment 54 #

Draft opinion
Paragraph 12 a (new)

12 a. Emphasizes that the protection of intellectual property rights is a fundamental right enshrined in the Charter of Fundamental Rights; recalls, in this sense, that the protection of copyright must not lead to the erosion of fundamental rights such as freedom of expression, freedom of the press and consumer privacy online;

Amendment 55 #

Draft opinion
Paragraph 13

13. Stresses that sport content is usually distributed on an exclusive basis and very often watermarked and/or fingerprinted which means that there is no doubt about who has the right to broadcast that sports content online,; a~~nd that notices sent by sports events organisers to intermediaries regarding illegal streams or clips are almost never challenged~~cknowledges that acquiring premium sports rights makes a substantial part of broadcasters' expenses and that those rights are marketed on a platform-neutral basis with rights packages making it very difficult for smaller operators to acquire earmarked packages for certain platforms;

Amendment 56 #

Draft opinion
Paragraph 13 a (new)

13 a. Emphasises that intermediaries should put in place effective Know Your Business Customer obligations to prevent their services from being abused to facilitate the illegal streaming of sports events; to that end, calls on the Commission to propose such obligations within the upcoming Digital Services Act;

Amendment 57 #

Draft opinion
Paragraph 13 b (new)

13 b. Insists that measures aimed at protecting broadcast rights against illegal use and piracy must not negatively affect press freedom and the news media’s ability to inform citizens;

Amendment 58 #

Draft opinion
Paragraph 14

14. Calls for the removal of, or blocking of access to, infringing live sport broadcasts from online intermediaries to be immediate, or within a maximum of 30 minutes, after the receipt of notification from rights holders in order to be effective;deleted

Amendment 59 #

Draft opinion
Paragraph 14

14. Calls for the removal of~~, or blocking of access to,~~ infringing live sport broadcasts from online intermediaries to be ~~immediate, or within a maximum of 30 minutes, after the receipt of notification from rights~~ expeditious after the receipt of notification from rightsholders in order to be effective; calls for a robust and effective ‘notice-and-action’ mechanism whilst refraining from imposing any mandatory ‘upload- filtering’ of content and in compliance with the prohibition of a general monitoring obligation; underlines that infringing content should be removed where it is hosted and hosting providers should~~ers in order to be effective~~ address the misuse of their service for dissemination; calls on online video streaming services to take additional voluntary measures to remove or block access to infringing live sport broadcasts;

Amendment 6 #

Draft opinion
Paragraph 2

2. Recalls also that sport, if properly taught and practised, promotes and teaches values such as tolerance, solidarity, cooperation, and civic engagement;

Amendment 60 #

14. Calls for the removal of, or blocking of access to, infringing live sport broadcasts from online intermediaries to be immediate, or as fast as possible within a maximum of 30 minutes, after the receipt of notification from rights holders in order to be effective;

Amendment 61 #

Draft opinion
Paragraph 14

14. Calls for the removal of, or blocking of access to, infringing live sport broadcasts from online intermediaries to be immediate, or within a maximum of 3015 minutes, after the receipt of notification from rights holders in order to be effective;

Amendment 62 #

Draft opinion
Paragraph 14 a (new)

14 a. Calls for a clearly defined legal framework to ensure that online intermediaries act expeditiously to remove illegal content from their services; considers that such framework should include flagging and reporting systems, transparency obligations vis-a-vis platforms users, appropriate follow-up explanations and a complaints and redress mechanism, all flanked by effective enforcement;

Amendment 63 #

Draft opinion
Paragraph 15

15. Insists that providers of streaming servers and streaming platforms should implement ~~a real-time~~specific measures to take down ~~tool to~~and remove or disable access to infringing content as illegal live sports broadcasts available on their services; underlines the need for establishing clear redress mechanisms, with the option to appeal against any decision to remove or disable the content, in order to prevent potential abuses and unfair commercial or competition practices;

Amendment 64 #

Draft opinion
Paragraph 15

15. Insists that ~~providers of streaming servers and streaming platforms should implement a real-time take down tool to remove or disable access to illegal live sports broadcasts available on their services~~the Commission adopt uniform rules on notice and action procedures in order to speed up the removal of illegal and illegally shared content while promoting access to legal content in the digital environment;

Amendment 65 #

Draft opinion
Paragraph 15

15. Insists that providers of streaming servers and streaming platforms should implement a real-time take down and stay down tools to remove or disable access to illegal live sports broadcasts available on their services;

Amendment 66 #

Draft opinion
Paragraph 15 a (new)

15 a. Stresses that any such measures should not in any case violate fundamental rights of internet users, freedoms online, should respect the principle of net-neutrality and open Internet access for end-users; stresses that any such measures should not limit or wrongfully restrict freedom of expression and freedom of the press and should uphold to the principle of freedom of access to information to maintain wide access for the public to freely receive information about important events;

Amendment 67 #

Draft opinion
Paragraph 15 a (new)

15 a. Draws attention to the report issued by Synamedia showing that 51 % of sports fans still use pirate services to watch live sport on a monthly basis, despite 89 % of respondents owning a subscription to a pay-TV or over-the-top (OTT) platform and that 29 % of fans who use piracy websites say they have paid to access sports content through those services;

Amendment 68 #

Draft opinion
Paragraph 15 b (new)

15 b. Stresses that more nuanced and targeted approach to combatting piracy is needed where efforts to disrupt the broader piracy ecosystem are combined with targeting specific clusters of fans with a mix of access and payment models;

Amendment 69 #

Draft opinion
Paragraph 16

16. Considers that Member States and stakeholders should continue promoting among consumers a responsible online consumption of sports content and should involve leagues, clubs and education sector in awareness-raising campaigns on the impact of piracy on the sport sector;

Amendment 7 #

Draft opinion
Paragraph 2

2. Recalls also that sport promotes and teaches values such as tolerance, respect, solidarity, cooperation, and civic engagement;

Amendment 70 #

Draft opinion
Paragraph 16

16. Considers that Member States and stakeholders should continue promoting among consumers a responsible online consumption of sports content while ensuring that the integrity of the internal market and competition law are respected;

Amendment 71 #

Draft opinion
Paragraph 16

16. Considers that Member States and stakeholders should continue promoting among consumers a responsible and affordable online consumption of sports content;

Amendment 72 #

Draft opinion
Paragraph 16 a (new)

16 a. Recalls the importance of protecting traditional sports across Europe and invites the Commission to establish a special strategy for the protection and development, even through digital means, of such type of activities, included in the sports heritage of Member States and local European communities;

Amendment 73 #

Draft opinion
Paragraph 16 a (new)

16 a. Calls on Member States to promote the broadcasting of major sports events on free-to-air broadcasters, as sports is a form of popular culture that play an important part in the lives of citizens;

Amendment 74 #

Draft opinion
Paragraph 17

17. Calls on stakeholders in the sport sector, broadcasters, online intermediaries , and national, regional and local authorities to continue collaborating and exchanging information on good practices in order to ~~tackle the problem of online piracy of sport broadcasts~~address the challenges and grasp the opportunities the digital environment poses to organisers of sports event.

Amendment 8 #

Draft opinion
Paragraph 2

2. Recalls also that sport promotes and teaches values such as ~~tolerance~~respect, solidarity, cooperation, and civic engagement;

Amendment 9 #

Draft opinion
Paragraph 2 a (new)

2 a. Stresses that sport activity is essential to such values and should be encouraged by sport events’ organisers, stakeholders in the sport sector, broadcasters, online intermediaries and national authorities;

source: 660.125

2020/12/15 JURI 176 amendments...

Amendment 1 #

Motion for a resolution
Citation 1a (new)

- having regard to the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations of 1961,

Amendment 10 #

Motion for a resolution
Citation 13 a (new)

- having regard to the European Parliament resolution of 20 October 2020 with recommendations to the Commission on the Digital Services Act: adapting commercial and civil law rules for commercial entities operating online (2020/2019(INL)),

Amendment 100 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Nacho SÁNCHEZ AMOR, Tiemo WÖLKEN

Motion for a resolution
Paragraph 6 b (new)

6b. Considers that the profits made by operators as a result of EU action to crack down on illegal broadcasting should contribute to social cohesion objectives through sport; calls, therefore, for the European sports competition watchdog proposed in this report to be able to levy a 10% tax on the proceeds from the sale of digital broadcasting rights; suggests that this tax should be earmarked for the development of sport from the social, educational and cohesion point of view, in accordance with the Union’s objectives, by being allocated to the budgets of the Member States in relation to their primary competence, or to the Union in relation to its supporting competence in respect of sports policies;

Amendment 101 #

Motion for a resolution
Paragraph 7

7. Recalls that the Directive on electronic commerce provides that certain online service providers are to act expeditiously to remove or disable access to illegal information they store, upon obtaining actual knowledge or awareness thereof, through notices submitted to them; maintains that the notice and action procedure should form the basis for measures addressing illegal content in the Union; considers, however, that the current notice and take down procedure does not al~~low for~~ways guarantee swift enforcement in a way that provides effective remedies, considering the specific characteristic of “live” sport events; underlines that all provisions to be taken must be in line with the future Digital Services Act;

Amendment 102 #

Adrián VÁZQUEZ LÁZARA, Stéphane SÉJOURNÉ, Javier NART, Karen MELCHIOR

Motion for a resolution
Paragraph 7

Amendment 103 #

Motion for a resolution
Paragraph 7 a (new)

7a. Recalls Parliament´s resolution on a Digital Services Act (2020/2019 (INL)), which urges the Commission to ensure content hosting platforms to act expeditiously to make unavailable or remove content which is manifestly illegal;

Amendment 104 #

Adrián VÁZQUEZ LÁZARA, Stéphane SÉJOURNÉ, Javier NART

Motion for a resolution
Paragraph 7 b (new)

7b. Considers that illegal broadcasting of live sport events notified by a trusted flagger should be presumed to be manifestly illegal and therefore should be immediately rendered unavailable or removed from the platform;

Amendment 105 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Nacho SÁNCHEZ AMOR, Tiemo WÖLKEN

Motion for a resolution
Paragraph 8

8. Calls on the Commission to propose concrete measures specifically adapteding notice and action procedures to live sport events allowing for ~~immediate~~the timely and efficient removal of, or the disabling of access to, ~~content, including a real-time take down procedure~~illegal broadcasts, where there are no doubts about the ownership of the right concerned and the fact that the transmission was not authorised; stresses, nevertheless, that the core provisions of the Directive on electronic commerce, such as the prohibition of general monitoring obligations and the limited liability regime, must be upheld;

Amendment 106 #

Motion for a resolution
Paragraph 8

8. Calls on the Commission to examine whether the makings of any European legal instruments capable of addressing these issues are already in existence, to identify any shortcomings in the European regulatory framework and to propose concrete measures specifically adapted to live sport events allowing for immediate removal of, or the disabling of access to, content, including an accessible and efficient real-time take down procedure;

Amendment 107 #

Axel VOSS, Tomasz FRANKOWSKI, Geoffroy DIDIER

Motion for a resolution
Paragraph 8

8. Calls on the Commission to ~~propose~~assess the need for concrete measures specifically adapted to live sport events allowing for ~~immedia~~the removal of, or the disabling of access to, illegal content, ~~including a real-time take down procedure~~while avoiding to create ad-hoc measures to the ones to be revised in the future Digital Services Act;

Amendment 108 #

Motion for a resolution
Paragraph 8

8. Calls on the Commission to propose concrete measures specifically adapted to live sport events allowing for immediate removal of, or the disabling of access to, content, including a real-time take down procedure and stay-down obligations for right holders;

Amendment 109 #

Geoffroy DIDIER, Axel VOSS, Tomasz FRANKOWSKI, Sabine VERHEYEN, Andrzej HALICKI

Motion for a resolution
Paragraph 8 a (new)

8a. Stresses that sport content is often technically processed which means that there is no doubt about who has the right to broadcast that sports content online; stresses that the sport event organisers as right holders know all their official licensees which allows for unambiguous detecting of illegal streaming services;

Amendment 11 #

Motion for a resolution
Citation 13 b (new)

- having regard to the European Parliament resolution of 20 October 2020 with recommendations to the Commission on the Digital Services Act: Improving the functioning of the Single Market (2020/2018(INL)),

Amendment 110 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Nacho SÁNCHEZ AMOR, Tiemo WÖLKEN

Motion for a resolution
Paragraph 9

9. Not~~es that injunction procedures are relatively long and do not cope with the specific issue of illegal broadcasting of sport events; stress~~ices the existence of practices developed at national level, such as live injunctions and dynamic injunctions, that have proved to be solutions to tackle ~~piracy~~illegal distributions of sport events' broadcasts more efficiently; calls for the ~~introduction in Union law of~~assessment of the current injunction procedures aimed at ta~~llowing real-time blo~~ckling ~~of access to or removal of illegal online live sport content based on the model of “live” blocking orders and “dynamic injunctions”~~illegal online live sport events' broadcasts;

Amendment 111 #

Motion for a resolution
Paragraph 9

9. Notes that injunction procedures are relatively long and do not cope with the specific issue of illegal broadcasting of sport events; stresses the existence of practices developed at national level, such as live injunctions and dynamic injunctions, that have proved to be solutions to tackle piracy of sport events broadcasts more efficiently; calls fon the Commission to explore the possible introduction in Union law of injunction procedures aimed at a~~llowing real-time blocking of access to or removal of~~ddressing illegal online live sport content in real time, based on the model of “live” blocking orders and “dynamic injunctions”, including an evaluation of the efficiency of such measures and their impact on fundamental rights online;

Amendment 112 #

Motion for a resolution
Paragraph 9

9. Notes that injunction procedures are relatively long and do not cope with the specific issue of illegal broadcasting of sport events, usually coming into effect after the broadcast has ended; stresses the existence of practices developed at national level, such as live injunctions and dynamic injunctions, that have proved to be solutions to tackle piracy of sport events broadcasts more efficiently and promptly; calls for the introduction in Union law of injunction procedures aimed at allowing real-time blocking of access to or removal of illegal online live sport content based on the model of “live” blocking orders and “dynamic injunctions”;

Amendment 113 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Nacho SÁNCHEZ AMOR, Tiemo WÖLKEN

Motion for a resolution
Paragraph 9 a (new)

9a. Acknowledges that real time blocking of websites affects the fundamental rights of internet users and service providers; stresses, in this regard, that blocking injunctions must be subject to the principle of proportionality and strike a fair balance between the protection of intellectual property on the one hand, the freedom of expression and information, the freedom to conduct business, as well as the fundamental rights to privacy and to data protection on the other;

Amendment 114 #

Motion for a resolution
Paragraph 9 a (new)

9a. Recognises that injunction procedures to remove illegal sport events broadcast online, irrespective of the manner of their implementation, must ensure that the measures strictly target the illegal content and do not lead to the arbitrary and excessive blocking of legal content;

Amendment 115 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Nacho SÁNCHEZ AMOR, Tiemo WÖLKEN

Motion for a resolution
Paragraph 10

10. Emphasises the need for safeguards to ensure that the legal framework strikes the right balance between the need for efficiency of enforcement measures and the need to protect third party rights, including access to effective judicial remedy, appropriate information about the alleged infringement for the affected service providers and internet users, and adequate safeguards in relation to the protection of personal data;

Amendment 116 #

Motion for a resolution
Paragraph 10

10. Emphasises the need for safeguards to ensure that the legal framework strikes the right balance between the need for efficiency of enforcement measures and the need to protect ~~third party right~~fundamental rights and freedoms, but also to guarantee legal certainty for the beneficiaries of legal uses;

Amendment 117 #

Geoffroy DIDIER, Axel VOSS, Tomasz FRANKOWSKI, Sabine VERHEYEN, Andrzej HALICKI

Motion for a resolution
Paragraph 10

Amendment 118 #

Motion for a resolution
Paragraph 10 a (new)

10a. Stresses that real-time blocking may render large quantities of information on the internet inaccessible and must therefore be limited to cases where the unlawfulness of the specific broadcast has been established beyond doubt by an independent judicial body;

Amendment 119 #

Motion for a resolution
Paragraph 10 a (new)

10a. Underlines that the obligations for hosting providers of online content should be manageable for small businesses, SMEs and start-ups and should therefore include proportionate obligations;

Amendment 12 #

Angel DZHAMBAZKI, Geoffroy DIDIER, Axel VOSS, Tomasz FRANKOWSKI, Kosma ZŁOTOWSKI

Motion for a resolution
Citation 13 c (new)

- having regard to the European Parliament resolution of 20 October 2020 on the Digital Services Act and fundamental rights issues posed (2020/2022(INI)),

Amendment 120 #

Motion for a resolution
Paragraph 10 a (new)

10a. Considers, in that regard, that the enforcement measures for the protection of live content should be effective and proportionate;

Amendment 121 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Nacho SÁNCHEZ AMOR, Tiemo WÖLKEN

Motion for a resolution
Paragraph 10 a (new)

10a. Stresses that the responsibility for the illegal broadcasting of sports events does not lie with fans and consumers;

Amendment 122 #

Motion for a resolution
Paragraph 10 b (new)

10b. Stresses that the fundamental rights of individuals and consumers and service providers, including the rights to freedom of expression, privacy and protection of personal data, the right to conduct a business and the right to an effective remedy, cannot be undermined by the enforcement of copyright of sports events’ organisers;

Amendment 123 #

Adrián VÁZQUEZ LÁZARA, Stéphane SÉJOURNÉ, Javier NART

Motion for a resolution
Paragraph 11

11. Notes that Union law does not provide for a neighbouring right to copyright for sport event’s organisers but that some Members States have introduced specific rights for sport events’ organisers in their legislation, including a new “neighbouring right” to copyright, thus contributing to market fragmentation;

Amendment 124 #

Geoffroy DIDIER, Axel VOSS, Tomasz FRANKOWSKI, Sabine VERHEYEN, Andrzej HALICKI

Motion for a resolution
Paragraph 12

12. Considers that the creation in Union law of a new right for sport events’ organisers will not provide a solution to the challenge they face of a lack of effective and timely enforcement of their existing rights; ~~considers therefore that the proposal should not seek to establish such a new right;~~

Amendment 125 #

Geoffroy DIDIER, Axel VOSS, Tomasz FRANKOWSKI, Sabine VERHEYEN, Andrzej HALICKI

Motion for a resolution
Paragraph 13

13. Calls for cooperation between Member States authorities and between rightholders and intermediaries to be enhanced; further calls on the Commission, within its remit, to support Member States in their endeavours to improve existing infrastructure and measures;

Amendment 126 #

Motion for a resolution
Paragraph 13

13. Calls for cooperation between Member States authorities ~~and between~~, rightholders and intermediaries to be ~~enhan~~reinforced; further calls on the Commission, within its remit, to support Member States in their endeavours to improve existing infrastructure;

Amendment 127 #

Gilles LEBRETON, Gunnar BECK, Jean-Paul GARRAUD

Motion for a resolution
Paragraph 13 a (new)

13a. Calls on the Member States to maintain or introduce free live broadcasts of major sporting events, in particular national team matches, so as to allow free access to all individuals regardless of their financial resources; calls on the Commission to support their efforts in this respect;

Amendment 128 #

Motion for a resolution
Subheading 11

~~Final aspects~~deleted

Amendment 129 #

Motion for a resolution
Paragraph 14

~~14. Considers that the requested proposal does not have financial implications;~~deleted

Amendment 13 #

Motion for a resolution
Recital -A (new)

-A . whereas culture and sport are making increasingly significant contributions to our contemporary economy and to social development in the developing knowledge economy;

Amendment 130 #

Adrián VÁZQUEZ LÁZARA, Stéphane SÉJOURNÉ, Javier NART

Motion for a resolution
Annex I

~~[...]~~deleted

Amendment 131 #

Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 1

- to improve ~~and make~~the effectiveness of the current EU legal framework on enforcement of ~~intellectual~~ property rights with regard~~ing~~ to live sport events ~~effective~~, considering ~~the~~its specific nature ~~of live sport events~~ and, in particular, its short-t~~ime~~erm value, and to base the new legal framework on the best practices within the Member States;

Amendment 132 #

Geoffroy DIDIER, Axel VOSS, Tomasz FRANKOWSKI, Sabine VERHEYEN, Andrzej HALICKI

Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 1

- to improve and make the current legal framework on enforcement of intellectual property rights regarding live sport events more effective, considering the specific nature of live sport events and in particular its short-time value;

Amendment 133 #

Adrián VÁZQUEZ LÁZARA, Stéphane SÉJOURNÉ, Javier NART

Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 1 a (new)

- to extend the pre-emptive right of public channels, in respect of major international sports events, to sporting events the widest possible transmission of which can strengthen cohesion and the bond between the peoples of Europe;

Amendment 134 #

Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 1 a (new)

- to implement a European system establishing common criteria for the certification of "trusted flaggers";

Amendment 135 #

Adrián VÁZQUEZ LÁZARA, Stéphane SÉJOURNÉ, Javier NART

Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 2

- to clarify the existing legislation and adopt concrete measures to ensure the immediate removal or disabling of online access to illegal live sport events content identified by a trusted flagger to tackle efficiently illegal broadcast of live sport events;

Amendment 136 #

Geoffroy DIDIER, Axel VOSS, Tomasz FRANKOWSKI, Sabine VERHEYEN, Andrzej HALICKI

Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 2 a (new)

- to emphasise that intermediaries should put in place effective Know Your Business Customer obligations to prevent their services from being abused to facilitate the illegal streaming of sport events; to that end, calls on the Commission to propose such obligations within the upcoming Digital Services Act;

Amendment 137 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Nacho SÁNCHEZ AMOR, Tiemo WÖLKEN

Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 3

- to further harmonise, without prejudice to the general Union framework to be defined in a Digital Services Act, procedures ~~and~~, remedies and initiatives in the Union to boost the efficiency and speed of enforcement tools, including in the cross- border context;

Amendment 138 #

Geoffroy DIDIER, Axel VOSS, Tomasz FRANKOWSKI, Sabine VERHEYEN, Andrzej HALICKI

Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 3

- to further harmonise, without prejudice to the general Union framework to be defined in a Digital Services Act, procedures and remedies in the Union to ~~boost~~clearly improve and strengthen the efficiency of enforcement tools, including in the cross-border context;

Amendment 139 #

Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 3

- to further assess the need to harmonise, without prejudice to the general Union framework to be defined in a Digital Services Act, procedures and remedies in the Union to boost the efficiency of enforcement tools, including in the cross- border context;

Amendment 14 #

Motion for a resolution
Recital -A a (new)

-Aa. whereas the current Covid 19 and post-Covid 19 socio-economic context calls for any legislative initiative to take due account of consumers welfare and of citizens’ rights to access to information and to culture;

Amendment 140 #

Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 3 a (new)

- to establish a European agency for the supervision of competition in sport, which would be responsible for harmonising the application of the legal framework and consolidating the European sports ecosystem by ensuring that the growth of sport is in line with the pursuit of the Union's educational and social objectives;

Amendment 141 #

Adrián VÁZQUEZ LÁZARA, Stéphane SÉJOURNÉ, Javier NART

Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 3 b (new)

- to introduce a 10% tax on the proceeds from the sale of digital broadcasting rights, the revenue from which could be earmarked for the development of sport from the social, educational and cohesion point of view, in accordance with the Union’s objectives, by being allocated to the budgets of the Member States in relation to their primary competence, or to the Union in relation to its supporting competence in respect of sports policies;

Amendment 142 #

Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 4

- to improve enforcement tools to allow for real-time take down of illegal live sport content identified by a trusted flagger, considering their need for effective notice and take down mechanisms which imply immediate measures to be taken;

Amendment 143 #

Geoffroy DIDIER, Axel VOSS, Tomasz FRANKOWSKI, Sabine VERHEYEN, Andrzej HALICKI

Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 4

- to improve enforcement tools ~~to allow for real-time take down of~~and provide as soon as possible real-time take down to remove or disable access to illegal ~~live~~ sport ~~content~~broadcast available on their services, considering their need for ~~effective notice and take down mechanisms which imply~~ immediate measures to be taken;

Amendment 144 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Nacho SÁNCHEZ AMOR, Tiemo WÖLKEN

Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 4

- to ~~improve enforcement tools to allow for real-time take down of~~evaluate the efficiency of enforcement tools addressing illegal live sport content, considering their need for effective notice and take down mechanisms which imply ~~immediate~~timely and efficient measures to be taken;

Amendment 145 #

Adrián VÁZQUEZ LÁZARA, Stéphane SÉJOURNÉ, Javier NART

Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 5

- to explore the possibilities of harmoniseing the use of swift and adaptable ~~blocking~~ procedures in the event of repeated violations already established allowing for court-ordered real-time blocking of access to illegal online transmissions of live sport events , based on the model of “live” blocking orders and “dynamic injunctions”;

Amendment 146 #

Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 5

- to harmonise the use of swift and adaptable blocking procedures in the event of repeated violations already established allowing for real-time blocking of access to illegal online transmissions of live sport events identified by a trusted flagger, based on the model of “live” blocking orders and “dynamic injunctions”;

Amendment 147 #

Axel VOSS, Geoffroy DIDIER, Tomasz FRANKOWSKI

Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 6

- to ensure that the measures take into account the scope, magnitude and recurrence of the infringement and to target ~~professional~~ illegal transmissions~~, excluding the recording and posting of illegal amateur footage of sport events~~;

Amendment 148 #

Adrián VÁZQUEZ LÁZARA, Stéphane SÉJOURNÉ, Javier NART

Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 6

- to ensure that the measures take into account the scope, magnitude and recurrence of the infringement and to target professional illegal transmissions identified by a trusted flagger, excluding the recording and posting of illegal amateur footage of sport events;

Amendment 149 #

Geoffroy DIDIER, Axel VOSS, Tomasz FRANKOWSKI, Sabine VERHEYEN, Andrzej HALICKI

Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 6

- to ensure that the measures take into account the scope, magnitude and recurrence of the infringement and to target ~~professional~~ illegal transmissions, excluding the recording and posting of illegal amateur footage of sport events;

Amendment 15 #

Motion for a resolution
Recital A

A. whereas the development of the digital environment has made it easier for all fans to access sport events on all kinds of devices and has boosted the development of new online business models; whereas, a~~t the same time, it has facilitated~~ relationship of interdependence has developed between professional sports beyond major international sporting events and the digital environment, particularly as regards television rights; whereas the method of allocating television rights is based on auctions and helps to create a situation of inflation with extremely high break-even points; whereas this system and the break-even points it generates place the consumer in a situation of very high tariffs and fragmented supply that many Europeans are unwilling to accept or unable to afford; whereas, in this context, there is an increase in the illegal online transmission of sport broadcasts within and outside the Union;

Amendment 150 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Nacho SÁNCHEZ AMOR, Tiemo WÖLKEN

Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 7

- to ensure that the measures to be proposed are proportionate and keep the right balance between the need for the enforcement measures to be efficient and the need to protect third party rights, including service providers, fans and consumers whose fundamental rights to freedom of expression and information, privacy and protection of personal data, the right to conduct a business and the right to an effective remedy, cannot be undermined by the enforcement of copyright of sport events’ organisers;

Amendment 151 #

Geoffroy DIDIER, Axel VOSS, Tomasz FRANKOWSKI, Sabine VERHEYEN, Andrzej HALICKI

Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 7

- to ensure that the measures to be proposed are proportionate and keep the right balance between the need for the enforcement measures to be efficient and the need to protect relevant third party rights;

Amendment 152 #

Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 7 a (new)

- to clarify that the responsibility for the illegal broadcasting of sports events does not lie with fans and consumers;

Amendment 153 #

Adrián VÁZQUEZ LÁZARA, Stéphane SÉJOURNÉ, Javier NART

Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 8

- to complement the adaptation of the legislative framework with non-legislative measures, including ~~enhan~~reinforced cooperation between Member States authorities ~~and between~~, rightholders and intermediaries;

Amendment 154 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Nacho SÁNCHEZ AMOR, Tiemo WÖLKEN

Motion for a resolution
Annex I – part 2 – paragraph 1 – introductory part

Without prejudice to the modification, in the framework of a future Digital Services Act, of the general rules regarding the manner in which illegal online content is tackled by online intermediaries ~~, Directive 2000/31/EC (the Directive on electronic commerce) should be amended or~~, specific provisions regarding the rights of sport events organisers should be introduced in Union legislation, in order to:

Amendment 155 #

Adrián VÁZQUEZ LÁZARA, Stéphane SÉJOURNÉ, Javier NART

Motion for a resolution
Annex I – part 2 – paragraph 1 – introductory part

Without prejudice to ~~the~~ modification, s to be expected within the framework of ~~a futur~~the Digital Services Act~~, of the general rules regarding the manner in which~~ with regard to establishing general rules on tackling illegal ~~online~~ content ~~is tackled by online intermediaries , Directive 2000/31/EC (the Directive on electronic commerce) should~~online, Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce in the Internal Market (e-Commerce), shall be amended orto include specific provisions ~~regarding the rights of~~for sport events´ organisers ~~should be introduced in Union legislation, in order to~~, addressing, in particular, the following:

Amendment 156 #

Geoffroy DIDIER, Axel VOSS, Tomasz FRANKOWSKI, Sabine VERHEYEN, Andrzej HALICKI

Motion for a resolution
Annex I – part 2 – paragraph 1 – indent 1

- clarify the concept behind the phrase “acts expeditiously” set out in Article 14 of the Directive on electronic commerce in relation to an online intermediary, such that “expeditiously” is considered to mean ~~“immediately~~"that providers of information society services are obliged to immediately take down the infringing content from the notification of the infringement by rightholders and no later than 30 minutes after the start of the sport event”.

Amendment 157 #

Adrián VÁZQUEZ LÁZARA, Stéphane SÉJOURNÉ, Javier NART

Motion for a resolution
Annex I – part 2 – paragraph 1 – indent 1

- ~~clarify the concept behind the phrase “acts~~ define the notion of “expeditiously” ~~set out~~laid down in Article 14 ~~of the Directive on electronic commerce in relation to an online intermediary, such that “expeditiously” is considered to mean “immediately from the notification of the infringement by righthold~~paragraph 1 (b) of Directive 2000/31, in such a way that “expeditiously” means acting “immediately after receipt of the infringement notification from a trusted flaggers and no later than 30 minutes after ~~the start of the sport even~~notification receipt”.;

Amendment 158 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Nacho SÁNCHEZ AMOR

Motion for a resolution
Annex I – part 2 – paragraph 1 – indent 1

- clarify the concept behind the phrase “acts expeditiously” set out in Article 14 of the Directive on electronic commerce in relation to an online intermediary, such that “expeditiously” is considered to mean “immediately from the notification of the infringement by rightholders and by no later than ~~30 minutes after the start~~half-time of the sport event”. in question;

Amendment 159 #

Adrián VÁZQUEZ LÁZARA, Stéphane SÉJOURNÉ, Javier NART

Motion for a resolution
Annex I – part 2 – paragraph 1 – indent 1 a (new)

- establish a common European quality and technical reliability standard for software tools deployed by rightholders, intermediaries and other service providers in order to identify illegal broadcasting of live sport events with a view to create a certification scheme for “trusted flaggers”;

Amendment 16 #

Adrián VÁZQUEZ LÁZARA, Stéphane SÉJOURNÉ, Javier NART

Motion for a resolution
Recital A

A. whereas the development of the digital environment and new technologies has made it easier for all fans to access and view sport events broadcast on all kinds of devices and has boosted the development of new online business models and new ways of generating revenue from fresh sources; whereas, at the same time, it has facilitated illegal online transmission of sport broadcasts within and outside the Union;

Amendment 160 #

Motion for a resolution
Annex I – part 2 – paragraph 1 – indent 1 b (new)

- create the legal assumption that notifications issued by certified “trusted flaggers” are deemed to be accurate and reliable, and that the notified ongoing broadcasting is therefore presumed to be illegal and consequently would need to be rendered unavailable or removed expeditiously;

Amendment 161 #

Adrián VÁZQUEZ LÁZARA, Stéphane SÉJOURNÉ, Javier NART

Motion for a resolution
Annex I – part 2 – paragraph 1 – indent 1 c (new)

- establish adequate procedures for periodic evaluation and review of these certifications;

Amendment 162 #

Motion for a resolution
Annex I – part 2 – paragraph 1 – indent 2

- allow for real-time take down procedures targeting illegal live sport content, provided that a competent judicial body establishes that there are no doubts about the ownership of the right concerned and the fact that the transmission was not authorised;

Amendment 163 #

Motion for a resolution
Annex I – part 2 – paragraph 1 – indent 3

- ensure that the measures to be taken by intermediaries are effective, justified, proportionate, adequate, taking into account the seriousness and the scale of the infringement, as well as the seriousness of the interference with fundamental rights of service providers and internet users, whilst fully respecting the principles of the Directive on electronic commerce and the future Digital Services Act; make sure, for example, that the blocking of access to, or removal of, illegal content does not require the general monitoring of content, the blocking of entire IP addresses under which different domains can be hosted, or the blocking of an entire platform containing services that are legal, which would be disproportionate, unless the proportion of illegal services on a specific server demonstrates that the availability of legal services is only incidental;

Amendment 164 #

Geoffroy DIDIER, Axel VOSS, Tomasz FRANKOWSKI, Sabine VERHEYEN, Andrzej HALICKI

Motion for a resolution
Annex I – part 2 – paragraph 1 – indent 3

- ensure that the measures to be taken by intermediaries are effective, justified, proportionate, adequate~~, taking into account the seriousness and the scale of the infringement~~; make sure, for example, that the blocking of access to, or removal of, illegal content does not require the blocking of an entire platform containing services that are legal~~, which would be disproportionate, unless the proportion of illegal services on a specific server demonstrates that the availability of legal services is only incidental~~;

Amendment 165 #

Adrián VÁZQUEZ LÁZARA, Stéphane SÉJOURNÉ, Javier NART

Motion for a resolution
Annex I – part 2 – paragraph 1 – indent 3

- ensure that the measures to be taken by intermediaries are effective, justified, proportionate, adequate, taking into account the seriousness and the scale of the infringement; make sure, for example, that the blocking of access to, or removal of, illegal content does not require the blocking of an entire platform containing services that are legal, which would be disproportionate, unless the proportion of illegal services on a specific server demonstrates that the availability of legal services is only incidental; make sure that viewers can easily be redirected to a legal offering once the blocking measures have been notified;

Amendment 166 #

Geoffroy DIDIER, Axel VOSS, Tomasz FRANKOWSKI, Sabine VERHEYEN, Andrzej HALICKI

Motion for a resolution
Annex I – part 2 – paragraph 1 – indent 4

- provide ~~for~~and actively support ~~for~~ enforcement solutions, such as private agreements among stakeholders; in this respect, the Commission should report on and assess the appropriateness and impact of creating an obligation on streaming providers to perform real-time take downs to remove or disable access to illegal sport broadcast available on their services;

Amendment 167 #

Motion for a resolution
Annex I – part 2 – paragraph 1 – indent 4

- provide for support for enforcement solutions, such as private agreements among stakeholders; in this respect, the Commission should report on and assess the appropriateness and impact of creating an obligation ~~on streaming~~for online content providers to perform real-time take downs;

Amendment 168 #

Geoffroy DIDIER, Axel VOSS, Tomasz FRANKOWSKI, Sabine VERHEYEN, Andrzej HALICKI

Motion for a resolution
Annex I – part 2 – paragraph 2 – indent 2

- allow the use of blocking injunctions that run during the entire live broadcast of a sport event, but are limited to the duration of the live broadcast, thus blocking the infringing website only for the duration of the event; such injunctions should be temporary unless repeated violations occur;

Amendment 169 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Nacho SÁNCHEZ AMOR, Tiemo WÖLKEN

Motion for a resolution
Annex I – part 2 – paragraph 2 – indent 3

- harmonise legislation allowing, where live sport events are concerned, for the use of injunctions that should have the effect of blocking the access not only to the infringing website, but to any other website that contains the same infringement, regardless of the domain name or IP address used, and without the need for a new injunction to be issued;deleted

Amendment 17 #

Geoffroy DIDIER, Axel VOSS, Tomasz FRANKOWSKI, Sabine VERHEYEN, Andrzej HALICKI

Motion for a resolution
Recital A

A. whereas the development of the digital environment has made it easier for all fans to access sport events on all kinds of devices and has boosted the development of new online business models; whereas, at the same time, it has facilitated illegal online transmission of sport broadcasts and online piracy within and outside the Union;

Amendment 170 #

Geoffroy DIDIER, Axel VOSS, Tomasz FRANKOWSKI, Sabine VERHEYEN, Andrzej HALICKI

Motion for a resolution
Annex I – part 2 – paragraph 2 – indent 4

- specify that the removal of the illegal content should take place immediately after reception of the notice from right holders and no later than 30 minutes after the event started, provided that there is no doubt about who owns the content and whether any direct or indirect consent was given by the rightholders to make the content available to the public; strong indication should be put on the rightholders to prevent any removal of legal content; to that end, blocking access to or removing illegal content should in principle not require blocking the access to a server that hosts legal services and content;

Amendment 171 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Nacho SÁNCHEZ AMOR

Motion for a resolution
Annex I – part 2 – paragraph 2 – indent 4

- specify that the removal of the illegal content should take place immediately after reception of the notice and by no later than ~~30 minutes after the event started~~half-time of the sport event in question, provided that there is no doubt about who owns the content and whether any direct or indirect consent was given by the rightholders to make the content available to the public; ~~strong indication should be put on the rightholders to~~rightholders should also be held responsible for preventing any removal of legal content; to that end, blocking access to or removing illegal content should in principle not require blocking the access to a server that hosts legal services and content;

Amendment 172 #

Adrián VÁZQUEZ LÁZARA, Stéphane SÉJOURNÉ, Javier NART

Motion for a resolution
Annex I – part 2 – paragraph 2 – indent 4

- specify that ~~the~~ removal of the illegal ~~cont~~broadcasting of live sport events should take place immediately ~~after~~upon reception of the notice and no later than 30 minutes after ~~the event started, provided that there is no doubt about who owns the content and whether any direct~~receipt of the notification, provided that illegality of the broadcast has been notified by a trusted flagger or, in~~direct consent was given by the rightholders to make the content available to the public; strong indication~~ case of unambiguity of the rightholder; incentives should be p~~ut on~~rovided to the rightholders in order to prevent any removal of legal ~~content~~broadcasts; to that end, blocking access to or removing illegal ~~content should in principle~~broadcast shall not require blocking the access to a server that hosts legal services and content;

Amendment 173 #

Adrián VÁZQUEZ LÁZARA, Stéphane SÉJOURNÉ, Javier NART

Motion for a resolution
Annex I – part 2 – paragraph 2 – indent 5

- enhance cooperation between Member States’ authorities, including by way of exchange of data and best practices and creating a network of national authorities~~; the Commission should assess the added-value of appointing an independent administrative authority in each Member State that would have~~ with a role to play in the enforcement system, especially in the case of ~~swift enforcement~~rapid application, such as for online ~~piracy~~hacking of live sports content;

Amendment 174 #

Geoffroy DIDIER, Axel VOSS, Tomasz FRANKOWSKI, Sabine VERHEYEN, Andrzej HALICKI, Marion WALSMANN

Motion for a resolution
Annex I – part 2 – paragraph 2 – indent 5

- enhance cooperation between Member States’ authorities, including by way of exchange of data and best practices and by creating an active and up-to-date network of national authorities; the Commission should assess the added-value of appointing an independent administrative authority in each Member State that would have a role to play in the enforcement system, especially in the case of swift enforcement, such as for online piracy of live sport content;

Amendment 175 #

Motion for a resolution
Annex I – part 2 – paragraph 2 – indent 5

- ~~enhan~~reinforce cooperation between Member States’ authorities, including by way of exchange of data and best practices and creating a network of national authorities; the Commission should assess the added-value of appointing an independent administrative authority in each Member State that would have a role to play in the enforcement system, especially in the case of swift enforcement, such as for online piracy of live sport content;

Amendment 176 #

Adrián VÁZQUEZ LÁZARA, Stéphane SÉJOURNÉ, Javier NART

Motion for a resolution
Annex I – part 2 – paragraph 2 – indent 6

- ~~enhan~~reinforce the cooperation between intermediaries and rightholders, including by promoting the conclusion of Memoranda of Understanding that could provide for a specific notice and action procedure;

Amendment 18 #

Motion for a resolution
Recital A a (new)

Aa. whereas Union action in the field of sport takes into account its economic aspect, but also its human, educational, social, cultural and public health dimensions; whereas the risks linked to inflation in television rights undermine the whole ecosystem of amateur sport and give rise to legitimate mistrust on the part of the public, as illustrated by the recent LFP/Mediapro case in France; whereas opinion polls show that the high price of subscriptions, which is a consequence of inflation in the auctioning of television rights, is a deterrent for many viewers and thus deprives them of broadcasts; whereas in order for European sports policy to be coherent, the entire system that has been formed by sport and the digital environment needs to be taken into account so that action can be taken on the causes as well as the consequences;

Amendment 19 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Nacho SÁNCHEZ AMOR, Tiemo WÖLKEN

Motion for a resolution
Recital A a (new)

Aa. whereas extending the Geo- blocking Regulation could trigger growth in pan-EU exclusive licensing and thus reduce unjustified geo-blocking to sports event content online;

Amendment 2 #

Motion for a resolution
Citation 1 a (new)

- having regard to the Charter of Fundamental Rights of the European Union and in particular Articles 7, 8, 11, 16, 17(2), 47 and 52 thereof,

Amendment 20 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Nacho SÁNCHEZ AMOR, Tiemo WÖLKEN

Motion for a resolution
Recital A a (new)

Aa. whereas sport plays a key role in the social, cultural and economic prosperity of the Union and promotes common values of solidarity, diversity and social inclusion;

Amendment 21 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Nacho SÁNCHEZ AMOR, Tiemo WÖLKEN

Motion for a resolution
Recital A b (new)

Ab. whereas fan culture, built upon the freedom to share and live the sports experience both in real time and preceding or following live sports events, is an essential element of the role that sport plays in European society;

Amendment 22 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Nacho SÁNCHEZ AMOR, Tiemo WÖLKEN

Motion for a resolution
Recital A b (new)

Ab. whereas illegal uses can be avoided and reduced when content providers enable their services with more features allowing for interoperability and portability between platforms and devices;

Amendment 23 #

Motion for a resolution
Recital A c (new)

Ac. whereas the meaning and scope of the fundamental rights enshrined in the Charter are to be determined in accordance with the corresponding case law by the European Court of Human Rights;

Amendment 24 #

Motion for a resolution
Recital B

B. whereas the illegal transmission of sport events not only causes significant economic harm to the sector, which results in losses in subscription and advertising revenue, but is also part of the activities of criminal organisations, that are also harmful for consumers;deleted

Amendment 25 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Nacho SÁNCHEZ AMOR, Tiemo WÖLKEN

Motion for a resolution
Recital B

B. whereas the illegal transmission of sport events not only causes significant economic harm to the sector, which results in losses in subscription and advertising revenue and can even affect jobs in this sector, but is also part of the activities of criminal organisations, that are also harmful for consumers for example by exposing them to malware from free apps or the theft of credit card authentication and other personal data;

Amendment 26 #

Geoffroy DIDIER, Axel VOSS, Tomasz FRANKOWSKI, Sabine VERHEYEN, Andrzej HALICKI

Motion for a resolution
Recital B

B. whereas the illegal transmission of sport events and the spreading of illegal content online not only causes significant economic harm to the sector, which results in losses in subscription and advertising revenue, but is also part of the growing activities of criminal organisations, that are also harmful for consumers;

Amendment 27 #

Motion for a resolution
Recital B

B. whereas the illegal transmission of sport events not only causes significant economic harm to the sector, which results in losses in subscription and advertising revenue, but is also harmful for fans and consumers often as part of the activities of criminal organisations~~, that are also harmful for consumers~~;

Amendment 28 #

Angel DZHAMBAZKI, Geoffroy DIDIER, Axel VOSS, Tomasz FRANKOWSKI, Kosma ZŁOTOWSKI

Motion for a resolution
Recital B a (new)

Ba. whereas a purely technical legislative act will not protect the sports sector from the significant economic risks it faces; whereas the European Union must therefore combine the fight against criminal organisations with proposals capable of supporting the sector in an economic transition that is favourable to the sports ecosystem and the general public; whereas a stable sports ecosystem is characterised by the competitive intensity of the championship, by consumers following it, and by the benefits it creates for society and amateur sport;

Amendment 29 #

Motion for a resolution
Recital B a (new)

Ba. whereas the COVID-19 pandemic and the restrictions of access to sport events have created a drop in the sale of tickets for sport events and at the same time created opportunities for developing subscription to sport channels, and for enlarging online and tele broadcast audience, as well as for illegal streaming of sport event;

Amendment 3 #

Motion for a resolution
Citation 1 b (new)

- having regard to the Charter of Fundamental Rights of the European Union, especially its Article 7, Article 8 and Article 11,

Amendment 30 #

Angel DZHAMBAZKI, Geoffroy DIDIER, Axel VOSS, Tomasz FRANKOWSKI, Kosma ZŁOTOWSKI

Motion for a resolution
Recital B b (new)

Bb. whereas any legislative act relating to sport must help to reduce the crowding- out effect which professional football exerts on other sports, with repercussions in particular for amateur sports leagues; whereas the unparalleled media coverage of football should not wipe out the variety of sporting practices; whereas football's media revenue should therefore contribute to the development of other professional practices that are less accessible to the general public, amateur sport in all its forms, women’s sport and parasports;

Amendment 31 #

Motion for a resolution
Recital B b (new)

Bb. whereas free-to-air broadcasts of sport events have also been highly affected by piracy;

Amendment 32 #

Geoffroy DIDIER, Axel VOSS, Tomasz FRANKOWSKI, Sabine VERHEYEN, Andrzej HALICKI

Motion for a resolution
Recital C

C. whereas, sports events, as such, have a unique and, to that extent, original character which can transform them into subject-matter that is worthy of protection comparable to that of copyright works, and that protection should be granted, since, unlike other sectors, most of the value of a sport event broadcast lies in the fact that it is live and most of that value is lost when the event ends; whereas, consequently and only in this context, a swift reaction is needed to put an end to the illegal transmission online of sport events;

Amendment 33 #

Angel DZHAMBAZKI, Geoffroy DIDIER, Axel VOSS, Tomasz FRANKOWSKI, Kosma ZŁOTOWSKI

Motion for a resolution
Recital C

C. whereas, unlike other sectors, most of the value of a sport event broadcast lies in the fact that it is live and most of that value is lost when the event ends; whereas illegal streaming of sport event broadcast is more harmful in the first thirty minutes of its appearance online; whereas, consequently and only in this context, a swift reaction is needed to put an end to the illegal transmission online of sport events;

Amendment 34 #

Motion for a resolution
Recital C

C. whereas, unlike other sectors, most of the value of a live sport event broadcast lies in the fact that it is live ~~and most of that value is lost when the event ends; whereas, consequently and only in this context, a swift reaction is needed to put an end to the illegal transmissio~~; whereas, consequently and only in this context, the Commission should provide for a thorough impact assessment demonstrating the extent to which that sector is affected and consider ways to address it in con~~line of sport events;~~ sideration of other regulating priorities;

Amendment 35 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Nacho SÁNCHEZ AMOR, Tiemo WÖLKEN

Motion for a resolution
Recital C

C. whereas, unlike other sectors, most of the value of a sport event broadcast lies in the fact that it is live and most of that value is lost when the event ends; whereas, consequently and onespecially in this context, a swift and effective reaction is needed to put an end to the illegal transmission online of sport events;

Amendment 36 #

Motion for a resolution
Recital D

D. whereas action should focus on the root cause of illegal content streams, namely illegal website enablers and not on individuals, including fans and consumers, who unwillingly and unknowingly are involved in illegal streaming;

Amendment 37 #

Motion for a resolution
Recital D

D. whereas ~~action~~such assessment should focus on the root cause of illegal content streams, namely illegal website enablers and not on individual~~s who unwillingly and unknowingly are involved in illegal streaming~~ users;

Amendment 38 #

Motion for a resolution
Recital D

D. whereas action ~~should focus on the root cause of~~on illegal content streams~~, namely~~ should target illegal website enablers and not on individuals who unwillingly and unknowingly are involved in illegal streaming;

Amendment 39 #

Adrián VÁZQUEZ LÁZARA, Stéphane SÉJOURNÉ, Javier NART

Motion for a resolution
Recital D a (new)

Da. whereas the creation of any additional category of exclusive rights should be considered with the utmost caution, and following thorough evidence-based impact assessment , in order to enhance citizen trust in digital services and ensure legal certainty;

Amendment 4 #

Geoffroy DIDIER, Axel VOSS, Tomasz FRANKOWSKI, Sabine VERHEYEN, Andrzej HALICKI

Motion for a resolution
Citation 2

— having regard to Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC1 and to the Annex to Parliament’s legislative resolution namely the Commissions’ statement on sport event organisers, __________________ 1 OJ L 130, 17.5.2019, p. 92.

Amendment 40 #

Motion for a resolution
Recital D a (new)

Da. whereas, in recent years, new multimedia channels have proliferated for the illegal distribution of live sport events, among which the illicit use of Internet Protocol Television (IPTV) stands out due to its increasing volume;

Amendment 41 #

Angel DZHAMBAZKI, Kosma ZŁOTOWSKI

Motion for a resolution
Recital D b (new)

Db. whereas the limitations and exceptions enshrined in Directive 2001/29/EC and Directive (EU) 2019/790 allow for the use of copyright protected content under certain conditions, and should continue to apply regardless of sector specific categories of content, unless already provided for in the aforementioned instruments;

Amendment 42 #

Motion for a resolution
Recital E

E. whereas the professional illegal transmission of a whole sport event ~~should~~is to be distinguished from short sequences shared among fans and pertaining to fan culture and from content shared by journalists for the purpose of informing the general public as set out in the Audiovisual Media Services Directive; whereas, at the same time, the measures aimed at protecting broadcast rights against illegal use and piracy must not affect press freedom and the news media’s ability to inform citizens;

Amendment 43 #

Geoffroy DIDIER, Axel VOSS, Tomasz FRANKOWSKI, Sabine VERHEYEN, Andrzej HALICKI

Motion for a resolution
Recital E

E. whereas the ~~professional~~ illegal transmission of a whole sport event should be distinguished from short sequences shared among fans and pertaining to fan culture ~~and from content shared by journalists for the purpose of informing the general public as set out in the Audiovisual Media Services Directive~~;

Amendment 44 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Nacho SÁNCHEZ AMOR, Tiemo WÖLKEN

Motion for a resolution
Recital E

E. whereas the professional illegal transmission of a whole sport event should be distinguished from short sequences shared among and by fans ~~and~~that pertain~~ing~~ to a fan culture and from content shared by journalists and news reporters for the purpose of informing the general public as set out in the Audiovisual Media Services Directive and in the exercise of their right to freedom of expression;

Amendment 45 #

Karen MELCHIOR

Motion for a resolution
Recital E

E. whereas the professional illegal transmission of a whole sport event should be distinguished from short sequences shared among fans and pertaining to fan culture, in order to highlight incidents of, for example, hate speech and racism taking place, and from content shared by journalists for the purpose of informing the general public as set out in the Audiovisual Media Services Directive;

Amendment 46 #

Adrián VÁZQUEZ LÁZARA, Stéphane SÉJOURNÉ, Javier NART

Motion for a resolution
Recital E

E. whereas the ~~professional~~ illegal transmission of a whole sport event should be distinguished from ~~short sequences shared among fans and pertaining to fan culture and from content shared by journalists for the purpose of informing the general public~~content being legally shared and distributed, notably under the limitations and exceptions provided by copyright law, or for the purpose of informing the general public as allowed by the right to freedom of expression and information, and as set out in the Audiovisual Media Services Directive;

Amendment 47 #

Motion for a resolution
Recital E a (new)

Ea. whereas the number of rightholders, intermediaries and other service providers which develop software tools able to identify illegal broadcasting of live sport events with a minimum margin of error is steadily increasing; whereas, at the same time, the reliability of notifications issued by those rightholders, intermediaries and other service providers depends on the accuracy and technical quality of the software tools they deploy to identify illegal broadcasting of live sport events;

Amendment 48 #

Gilles LEBRETON, Gunnar BECK, Jean-Paul GARRAUD

Motion for a resolution
Recital E a (new)

Ea. whereas it is necessary to prevent all live broadcasts from becoming subject to payment, and thus to call on the Member States to maintain or introduce free live broadcasts of major sporting events, in particular national team matches, so as to allow free access to all individuals regardless of their financial resources;

Amendment 49 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Nacho SÁNCHEZ AMOR, Tiemo WÖLKEN

Motion for a resolution
Recital E a (new)

Ea. whereas certain major sports events are of general public interest and access to real-time information about them should therefore be guaranteed for all citizens and not be subject to undue or illegal restrictions; whereas this also concerns the journalists and news reporters who may provide such real-time information;

Amendment 5 #

Adrián VÁZQUEZ LÁZARA, Stéphane SÉJOURNÉ, Javier NART

Motion for a resolution
Citation 2 a (new)

- having regard to Directive (EU) 2019/789 of the European Parliament and of the Council of 17 April 2019 laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes, and amending Council Directive 93/83/EEC,

Amendment 50 #

Motion for a resolution
Recital E b (new)

Eb. whereas those rightholders, intermediaries and other service providers whose software tools are able to effectively and reliably identify illegal broadcasting of live sport events should be considered as “trusted flaggers”;

Amendment 51 #

Adrián VÁZQUEZ LÁZARA, Stéphane SÉJOURNÉ, Javier NART

Motion for a resolution
Recital E c (new)

Ec. whereas the fulfilment of quality and accuracy standards should be required in order to be legally considered as trusted flagger; whereas a certificate based on common European requirements would be the preferred option to ensure a coherent and effective recognition of trusted flaggers;

Amendment 52 #

Adrián VÁZQUEZ LÁZARA, Stéphane SÉJOURNÉ, Javier NART

Motion for a resolution
Recital E d (new)

Ed. whereas research and innovation to develop improved software tools to identify and report illegal broadcasting of live sport events should be promoted by the Union and the Member States;

Amendment 53 #

Motion for a resolution
Recital F

F. whereas sport events as such are not the subject matter of copyright protection under Union law, but the audiovisual recording and transmission of it is; whereas a sporting event cannot claim the same level of protection as a cultural work or product; whereas there is no harmonised protection in Union law for sport events’ organisers; whereas, however, specific protection for sport events’ organisers is provided in the legislation of some Member States;

Amendment 54 #

Motion for a resolution
Recital F

F. whereas sport events as such are not the subject matter of copyright protection under Union law, but the audiovisual recording and transmission of it is; whereas there is no harmonised protection in Union law for sport events’ organisers; whereas, however, specific protection for sport events’ organisers is provided in the legislation of some Member States, thereby generating legal uncertainty and fragmentation of the Union regulatory framework;

Amendment 55 #

Motion for a resolution
Recital F

F. whereas sport events as such are not the subject matter of copyright protection under Union law, but the audiovisual recording and transmission of it is; whereas there is no harmonised protection in Union law for sport events’ organisers as such; whereas, however, specific protection for sport events’ organisers is provided in the legislation of some Member States;

Amendment 56 #

Motion for a resolution
Recital F a (new)

Fa. whereas the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations already provides for the international protection of broadcasters, including of sport events;

Amendment 57 #

Motion for a resolution
Recital F b (new)

Fb. whereas the World Intellectual Property Organisation (WIPO) has so far failed in finding an agreement on an international Treaty for the Protection of Broadcasting Organisations, since a first mandate was adopted by the WIPO General Assembly in 2007;

Amendment 58 #

Motion for a resolution
Recital G

G. whereas Union law should provides for a balanced general framework for notice and action mechanisms enabling the removal or disabling of access to illegal information stored by intermediaries; whereas Union law provides for civil enforcement measures that judicial or administrative authorities can take ~~to prevent or to block~~under certain conditions, to address intellectual property rights infringements;

Amendment 59 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Nacho SÁNCHEZ AMOR, Tiemo WÖLKEN

Motion for a resolution
Recital H

H. whereas, ~~however, the current legal framework does not allow for the immediate action needed to remedy the illegal broadcast of live sport events; whereas, moreover,~~ Member States have adopted rules on notice and action mechanisms that are not harmonised;

Amendment 6 #

Geoffroy DIDIER, Axel VOSS, Tomasz FRANKOWSKI, Sabine VERHEYEN, Andrzej HALICKI

Motion for a resolution
Citation 2 a (new)

- having regard to Directive 2019/789 of the European Parliament and of the Council of 17 April 2019 laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes, and amending Council Directive 93/83/EEC,

Amendment 60 #

Motion for a resolution
Recital H

H. whereas, however, the current legal framework does not allow for the immediate action needed to remedy the illegal broadcast of live sport events; whereas, moreover, some Member States have adopted different rules on notice and action mechanisms that are not harmonised at Union level;

Amendment 61 #

Geoffroy DIDIER, Axel VOSS, Tomasz FRANKOWSKI, Sabine VERHEYEN, Andrzej HALICKI, Marion WALSMANN

Motion for a resolution
Recital H

H. whereas, however, the current legal framework does not allow for the necessary immediate action needed to remedy the illegal broadcast of live sport events; whereas, moreover, ~~Member States have adopted~~ rules on notice and action mechanisms ~~that~~existing in some Member States are not harmonised;

Amendment 62 #

Motion for a resolution
Recital H a (new)

Ha. whereas upholding the law in the digital world does not only involves effective enforcement of fundamental rights, in particular freedom of expression and information, freedom and pluralism of the media, privacy, safety and security, non-discrimination, respect for property and intellectual property rights, but also access to justice and due process;

Amendment 63 #

Motion for a resolution
Paragraph 1

1. ~~Requests that~~Calls on the Commission to take seriously the economic and social need to overhaul the model linking sport and the digital environment; calls on the Commission to submit without undue delay a report drawing clear conclusions backed with ambitious proposals for legislative acts, following the recommendations set out in the Annex hereto;

Amendment 64 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Nacho SÁNCHEZ AMOR, Tiemo WÖLKEN

Motion for a resolution
Paragraph 1

1. Requests that the Commission ~~submit~~evaluates without undue delay ~~a proposal for legislative acts, following the recommendations set out in the Annex hereto~~the need for further action, taking into account an informed impact assessment on the extent that the sector is affected by illegal activity and the possible solutions to address the issue, on the basis of the work already undertaken by WIPO;

Amendment 65 #

Motion for a resolution
Paragraph 1

1. Requests that the Commission ~~submit without undue delay~~, after carrying out the necessary impact assessments and stakeholder consultations, submit a proposal for legislative acts, following the recommendations set out in the Annex hereto;

Amendment 66 #

Geoffroy DIDIER, Axel VOSS, Tomasz FRANKOWSKI, Sabine VERHEYEN, Andrzej HALICKI, Marion WALSMANN

Motion for a resolution
Paragraph 1

1. ~~Requests that~~Calls on the Commission to submit without undue delay a proposal for legislative acts, following the recommendations set out in the Annex hereto;

Amendment 67 #

Angel DZHAMBAZKI, Geoffroy DIDIER, Axel VOSS, Tomasz FRANKOWSKI, Kosma ZŁOTOWSKI

Motion for a resolution
Paragraph 1 a (new)

1a. Highlights that such assessment should duly take into account the socio- economic dimension of the unauthorized use of signals, including the impact of the lack of access on the one hand and the need for an effective protection for broadcasters, on the other hand;

Amendment 68 #

Motion for a resolution
Paragraph 1 a (new)

1a. Considers that sport plays an important role in society and that the exploitation of sport events could participate to a larger extent in the financing of sporting activities that are beneficial to society at large;

Amendment 69 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Nacho SÁNCHEZ AMOR, Tiemo WÖLKEN

Motion for a resolution
Paragraph 2

2. Acknowledges that intellectual property rights are important for sport events’ organisers, as their exploitation represents a source of income, in particular in relation to the licensing of broadcasting rights for the sport events they organise; emphasizes the importance of this income for the funding and investment in grass roots sport, or amateur sports, and its contribution to society as an equalizer of people from different socio-economic backgrounds, with different physical abilities and of different genders.

Amendment 7 #

Angel DZHAMBAZKI, Geoffroy DIDIER, Axel VOSS, Tomasz FRANKOWSKI, Kosma ZŁOTOWSKI

Motion for a resolution
Citation 2 b (new)

- having regard to Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017 on cross-border portability of online content services in the internal market,

Amendment 70 #

Geoffroy DIDIER, Axel VOSS, Tomasz FRANKOWSKI, Sabine VERHEYEN, Andrzej HALICKI

Motion for a resolution
Paragraph 2

2. Acknowledges that intellectual property rights are important for sport events’ organisers, as their exploitation represents a relevant source of income, in particular in relation to the licensing of broadcasting rights for the sport events they organise;

Amendment 71 #

Motion for a resolution
Paragraph 2 a (new)

2a. Notes that, although sport events as such cannot be subject of copyright protection, the CJEU has confirmed that they have a unique and, to that extent original character which can transform them into subject-matter that is worthy of protection comparable to the protection of works; reminds that Union law provides for the protection of the audio-visual recording of a sport event and its broadcast, but sport events’ organisers can only benefit from this protection in some Member States;

Amendment 72 #

Motion for a resolution
Paragraph 2 a (new)

2a. Considers that sports events' organisers already receive a sufficient level of protection against unauthorized economic exploitation of their sports events;

Amendment 73 #

Geoffroy DIDIER, Axel VOSS, Tomasz FRANKOWSKI, Sabine VERHEYEN, Andrzej HALICKI

Motion for a resolution
Paragraph 2 a (new)

2a. Emphasises that infringements of media rights in sport threaten its long- term funding;

Amendment 74 #

Motion for a resolution
Subheading 3

Online ~~piracy~~illegal distribution of live sport events broadcasts

Amendment 75 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Nacho SÁNCHEZ AMOR, Tiemo WÖLKEN

Motion for a resolution
Paragraph 3

3. Considers that tackling online piracy of sport events that are broadcast “live” and which economic value lies in the “live” broadcast is ~~the main~~a major challenge ~~that~~for sport events’ organisers ~~face~~, which the European Union can help to resolve if the organisers make the necessary commitments to build a stable European sports ecosystem in line with social objectives;

Amendment 76 #

Motion for a resolution
Paragraph 3

3. Considers that tackling online piracy of sport events that are broadcast “live” and wh~~ich~~ose economic value lies in the “live” broadcast is the ~~main~~only challenge that sport events’ organisers face which may require a legislative response at Union level;

Amendment 77 #

Motion for a resolution
Paragraph 3

3. Considers that tackling online ~~piracy~~illegal distribution of sport events that are broadcast “live” ~~and which economic value lies in the “live” broadcast is the main~~is a challenge that sport events’ organisers face;

Amendment 78 #

Motion for a resolution
Paragraph 3 a (new)

3a. Underlines that one of the most efficient practices to tackle illegal distribution of sport events' broadcasts is the increase of affordable legal sources to watch content online;

Amendment 79 #

Geoffroy DIDIER, Axel VOSS, Tomasz FRANKOWSKI, Sabine VERHEYEN, Andrzej HALICKI

Motion for a resolution
Paragraph 3 a (new)

3a. Notes that sports event's organisers invest significant financial, technical and human resources to address online piracy and engage with service providers;

Amendment 8 #

Angel DZHAMBAZKI, Geoffroy DIDIER, Axel VOSS, Tomasz FRANKOWSKI, Kosma ZŁOTOWSKI

Motion for a resolution
Citation 2 c (new)

- having regard to Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC (‘Geo-blocking Regulation’),

Amendment 80 #

Motion for a resolution
Paragraph 3 a (new)

3a. Observes that the unauthorised streaming of sport events is a growing phenomenon that is harmful to the sport ecosystem and to consumers;

Amendment 81 #

Motion for a resolution
Paragraph 3 a (new)

3a. Points out that sports broadcast piracy also creates real risks for consumers, such as exposure to malware from free apps or theft of credit card authentication and other personal data;

Amendment 82 #

Geoffroy DIDIER, Axel VOSS, Tomasz FRANKOWSKI, Sabine VERHEYEN, Andrzej HALICKI

Motion for a resolution
Paragraph 3 b (new)

3b. Underlines that end users could be put in the position to endure the consequence of accessing illegal streaming of sport content by exposing themselves to other forms of harm such as identity theft, malware or other online related intrusions;

Amendment 83 #

Motion for a resolution
Subheading 4

NAssessment of the need for effective enforcement of rights

Amendment 84 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Nacho SÁNCHEZ AMOR, Tiemo WÖLKEN

Motion for a resolution
Paragraph 4

4. Stresses that, given the specific nature of live sport events broadcast, an~~d the fact that their value is mainly limited to the duration of the sport event in question, enforcement procedures need to be as swift as possible and to allow for immediate removal of~~ assessment is necessary on which enforcement procedures need to be considered in order to allow for the efficient response to illegal content;

Amendment 85 #

Motion for a resolution
Paragraph 4

4. Stresses that, given the specific nature of live sport events broadcast and the fact that their value is mainly limited to the duration of the sport event in question, enforcement procedures need to be as swift as possible and to allow for ~~immediate~~the timely and efficient removal of illegal content;

Amendment 86 #

Geoffroy DIDIER, Axel VOSS, Tomasz FRANKOWSKI, Sabine VERHEYEN, Andrzej HALICKI

Motion for a resolution
Paragraph 4

4. Stresses that, given the specific nature of live sport events broadcasts and the fact that their value is mainly limited to the duration of the sport event in question, enforcement procedures need to be as s~~wift~~oon as possible and to allow for immediate removal of illegal content;

Amendment 87 #

Marcos ROS SEMPERE, Ibán GARCÍA DEL BLANCO, Nacho SÁNCHEZ AMOR, Tiemo WÖLKEN

Motion for a resolution
Paragraph 5

5. Considers, however, that the current legal framework for injunction and for notice and take down mechanisms does not allow for an effective and timely enforcement of rights to remedy the illegal broadcast of live sport events; considers, therefore, that concrete measures, specific for live sport event broadcasts, should be adopted to adapt the current legal framework to fit these specific challenges and to allow for the prompt removal of illegal sport events broadcasts online; is of the view that real- time take down should be the objective to pursueIs of the view that the principle of no general monitoring enshrined in the E-commerce Directive shall remain intact;

Amendment 88 #

Motion for a resolution
Paragraph 5

5. Considers, however, that the current legal framework for injunction and for notice and take down mechanisms does not al~~low~~ways guarantee for an effective and timely enforcement of rights to remedy the illegal broadcast of live sport events; considers, therefore, that concrete measures, specific for live sport event broadcasts, should be adopted to adapt the current legal framework to fit these specific challenges and to allow for the ~~promp~~timely and efficient removal of illegal sport events broadcasts online; is of the view that real-time take down, provided that there are no doubts about the ownership of the right concerned and the fact that the transmission was not authorised should be the sole objective to pursue;

Amendment 89 #

Geoffroy DIDIER, Axel VOSS, Tomasz FRANKOWSKI, Sabine VERHEYEN, Andrzej HALICKI

Motion for a resolution
Paragraph 5

5. Considers, however, that the current legal framework for injunction and for notice and take down mechanisms does not allow for an effective and timely enforcement of rights to remedy the illegal broadcast of live sport events; considers, therefore, that concrete measures, specific for live sport event broadcasts, should be adopted as soon as possible to adapt the current legal framework to fit these specific challenges and to allow for the prompt removal of illegal sport events broadcasts online; is of the view that real- time take down should be the objective to pursue;

Amendment 9 #

Motion for a resolution
Citation 10 a (new)

- having regard to the Report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 30 November 2020 on the first short-term review of the Geo-Blocking Regulation,

Amendment 90 #

Motion for a resolution
Paragraph 5 a (new)

5a. Recommends, therefore, the establishment of a European body to supervise competition in sport, which would compensate for the shortcomings in the enforcement of the financial fair play rules and could harmonise the existing legal framework in order to combat the illegal streaming of content; suggests that the task of this technical unit should be to support the European sports ecosystem and the training of high-level sportsmen and women capable of entering the professional sports sector; takes the view that it should therefore reassess the case- law of the Court of Justice of the European Union, and in particular the judgment of 15 December 1995 in Case C- 415/93, the strict enforcement of which goes against the Union’s sporting, social and economic interests and those of its sports policy;

Amendment 91 #