EUROPEAN PARLIAMENT 2014 - 2019

Committee on Legal Affairs

2014/2256(INI)

5.3.2015

AMENDMENTS 281 - 556

Draft report Julia Reda (PE546.580v02-00)

on the implementation of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (2014/2256(INI))

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EN United in diversity EN

AM_Com_NonLegReport

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Amendment 281 Kostas Chrysogonos, Jiří Maštálka

Motion for a resolution Paragraph 7

Motion for a resolution Amendment

7. Calls on the Commission to harmonise 7. Notes that the term of protection of the term of protection of copyright to a copyright has been harmonised at EU duration that does not exceed the current level by Directive 2006/116/EC (which international standards set out in the Berne was revised by Directive 2011/77/EU) Convention; without prejudice to the current international standards set out in the Berne Convention; and encourages Member States to finalise the transposition and implementation of this directive in a streamlined manner;

Or. en

Amendment 282 Helga Trüpel, Heidi Hautala

Motion for a resolution Paragraph 7

Motion for a resolution Amendment

7. Calls on the Commission to harmonise 7. Calls on the Commission to harmonise the term of protection of copyright to a the term of protection of copyright to a duration that does not exceed the current duration that does not fall below the international standards set out in the Berne current international standards set out in Convention; the Berne Convention, while refraining from any further extension of the terms of protection;

Or. de

Amendment 283 Julia Reda, Josef Weidenholzer

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Motion for a resolution Paragraph 7 a (new)

Motion for a resolution Amendment

7a. Notes that the current legal Acquis recognises the full harmonisation of exclusive rights, whereas exceptions and limitations to exclusive rights remain optional and not harmonised;

Or. en

Amendment 284 Julia Reda, Josef Weidenholzer

Motion for a resolution Paragraph 7 b (new)

Motion for a resolution Amendment

7b. Notes the significant number of suggestions that have been put forward in the replies to the consultation of the Commission on the review of the EU copyright rules, to introduce new exceptions and limitations to exclusive rights, as well as broadening the scope of existing exceptions;

Or. en

Amendment 285 Jiří Maštálka

Motion for a resolution Paragraph 8

Motion for a resolution Amendment

8. Calls on the EU legislator to remain 8. Calls on the EU legislator to remain faithful to the objective stated in faithful to the objective stated in Directive 2001/29/EC of safeguarding a Directive 2001/29/EC of providing an fair balance between the different adequate protection for copyright and

PE549.469v01-00 4/131 AM\1052463EN.doc EN categories of rightholders and users of neighbouring rights as one of the main protected subject-matter, as well as ways of ensuring European cultural between the different categories of creativity and safeguarding a fair balance rightholders; between the different categories of rightholders and users of protected subject- matter, as well as between the different categories of rightholders;

Or. en

Amendment 286 Laura Ferrara

Motion for a resolution Paragraph 8

Motion for a resolution Amendment

8. Calls on the EU legislator to remain 8. Calls on the EU legislator to remain faithful to the objective stated in faithful to the objective stated in Directive 2001/29/EC of safeguarding a Directive 2001/29/EC of safeguarding a fair balance between the different fair balance between the different categories of rightholders and users of categories of rightholders and users of protected subject-matter, as well as protected content, as well as between the between the different categories of different categories of rightholders; rightholders;

Or. it

Amendment 287 Kostas Chrysogonos, Jiří Maštálka

Motion for a resolution Paragraph 8

Motion for a resolution Amendment

8. Calls on the EU legislator to remain 8. Calls on the EU legislator to remain faithful to the objective stated in Directive faithful to the objective stated in Directive 2001/29/EC of safeguarding a fair balance 2001/29/EC of providing an adequate between the different categories of protection for copyright and neighbouring rightholders and users of protected subject- rights as one of the main ways of matter, as well as between the different ensuring European cultural creativity and categories of rightholders; safeguarding a fair balance between the

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different categories of rightholders and users of protected subject-matter, as well as between the different categories of rightholders;

Or. en

Amendment 288 Pascal Durand

Motion for a resolution Paragraph 8 a (new)

Motion for a resolution Amendment

8a. Recalls that Member States have a positive obligation to provide for a robust and flexible system of copyright exceptions and limitations in order to honour their human rights obligations

Or. en

Amendment 289 Juan Fernando López Aguilar, Sergio Gutiérrez Prieto, Eider Gardiazabal Rubial, José Blanco López

Motion for a resolution Paragraph 8 b (new)

Motion for a resolution Amendment

8b. Emphasises that any legislative change in this field should guarantee people with disabilities access to works and services protected by copyright and related rights and should be adapted to the digital environment;

Or. es

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Amendment 290 Marie-Christine Boutonnet

Motion for a resolution Paragraph 9

Motion for a resolution Amendment

9. Notes that exceptions and limitations in 9. Notes that digital and analogue markets the digital environment should be enjoyed are different, and that therefore use without any unequal treatment as should be made of the techniques compared with those granted in the introduced since the entry into force of analogue world; Directive 2001/29/EC;

Or. fr

Amendment 291 Enrico Gasbarra

Motion for a resolution Paragraph 9

Motion for a resolution Amendment

9. Notes that exceptions and limitations in 9. Urges the Commission to adapt and the digital environment should be enjoyed standardise the exceptions and limitations without any unequal treatment as that are permitted in the regulatory compared with those granted in the framework of the analogue world to the analogue world; new scenario represented by the digital paradigm, and in particular by cloud computing technologies;

Or. it

Amendment 292 Jean-Marie Cavada, Virginie Rozière

Motion for a resolution Paragraph 9

Motion for a resolution Amendment

9. Notes that exceptions and limitations in 9. Notes that exceptions and limitations the digital environment should be enjoyed must be applied in such a way as to take

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without any unequal treatment as account of the particular respective compared with those granted in the characteristics of the digital and analogue analogue world; environments;

Or. fr

Amendment 293 József Szájer

Motion for a resolution Paragraph 9

Motion for a resolution Amendment

9. Notes that exceptions and limitations in 9. Notes that technological changes have the digital environment should be enjoyed led to renewed interest in exceptions and without any unequal treatment as limitations, especially their role in the compared with those granted in the digital environment and considers that the analogue world; rights enjoyed by the creators of work in the digital world should be identical to those enjoyed in the analogue world, subject to the exceptions and limitations set out. Recognises that further analysis of the exceptions and limitations is sought so as to consider how these can serve the public in the digital age;

Or. en

Amendment 294 Inês Cristina Zuber

Motion for a resolution Paragraph 9

Motion for a resolution Amendment

9. Notes that exceptions and limitations in 9. Notes that exceptions should be used for the digital environment should be enjoyed the purposes for which they were designed without any unequal treatment as and not to create new business models; compared with those granted in the analogue world;

Or. pt

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Amendment 295 Angel Dzhambazki, Sajjad Karim

Motion for a resolution Paragraph 9

Motion for a resolution Amendment

9. Notes that exceptions and limitations in 9. Notes the importance of exceptions and the digital environment should be enjoyed limitations in the digital environment being without any unequal treatment as technologically neutral, where possible, compared with those granted in the and accessible for persons with analogue world; disabilities; in this regard, notes the conclusion of the Marrakesh Treaty, which will facilitate access for the visual impaired for books, and encourages ratification in early course; believes that the Treaty is a good step forward, but that much work remains to be done in order to open up access to content for people with disabilities, in addition to those affected by visual impairment;

Or. en

Amendment 296 Constance Le Grip, Marc Joulaud, Sabine Verheyen

Motion for a resolution Paragraph 9

Motion for a resolution Amendment

9. Notes that exceptions and limitations in 9. Notes that exceptions and limitations in the digital environment should be enjoyed the digital environment cannot be enjoyed without any unequal treatment as in the same way in the digital environment compared with those granted in the and in the analogue environment; calls analogue world; for exceptions and limitations to be tailored to the environment in which they apply; (The two markets do not operate in the same way at all.)

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Or. fr

Amendment 297 Therese Comodini Cachia, Eva Paunova, Pavel Svoboda, József Szájer, Giovanni Toti, Rosa Estaràs Ferragut, Luis de Grandes Pascual, Milan Zver, Sabine Verheyen

Motion for a resolution Paragraph 9

Motion for a resolution Amendment

9. Notes that exceptions and limitations in 9. Notes that technological changes have the digital environment should be enjoyed led to renewed interest in exceptions and without any unequal treatment as limitations, especially their role in the compared with those granted in the digital environment and considers that the analogue world; rights enjoyed by the creators of work in the digital world should be identical to those enjoyed in the analogue world, subject to the exceptions and limitations set out. Recognises that further analysis of the exceptions and limitations is sought so as to consider how these can serve the public in the digital age;

Or. en

Amendment 298 Mary Honeyball, Silvia Costa

Motion for a resolution Paragraph 9

Motion for a resolution Amendment

9. Notes that exceptions and limitations in 9. Notes that technological changes have the digital environment should be enjoyed led to renewed interest in exceptions and without any unequal treatment as limitations, especially their role in the compared with those granted in the digital environment and considers that the analogue world; rights enjoyed by the creators of work in the digital world should be identical to those enjoyed in the analogue world, subject to the exceptions and limitations set out. Recognises that further analysis of the application of the exceptions and

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limitations is required so as to consider how these can serve the public in the digital age;

Or. en

Amendment 299 Tonino Picula

Motion for a resolution Paragraph 9

Motion for a resolution Amendment

9. Notes that exceptions and limitations in 9. Notes that exceptions and limitations in the digital environment should be enjoyed the digital environment too should be without any unequal treatment as enjoyed solely for their intended purposes; compared with those granted in the considers that the purpose of their analogue world; establishment must not be to create new business models whereby authors’ works would be exploited by applying exceptions and limitations in such a way as to deny authors the royalties arising from the use of their works;

Or. hr

Amendment 300 Angelika Niebler

Motion for a resolution Paragraph 9

Motion for a resolution Amendment

9. Notes that exceptions and limitations in 9. Calls on the Commission to give careful the digital environment should be enjoyed consideration to the extent to which it is without any unequal treatment as feasible directly to transfer exceptions and compared with those granted in the limitations from the analogue world to a analogue world; digital environment; stresses, at the same time, that the right of the creator to protection of his or her creative works must continue to apply in the digital age;

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Or. de

Amendment 301 Juan Fernando López Aguilar, José Blanco López, Sergio Gutiérrez Prieto, Eider Gardiazabal Rubial

Motion for a resolution Paragraph 9

Motion for a resolution Amendment

9. Notes that exceptions and limitations in 9. Notes that exceptions and limitations in the digital environment should be enjoyed the digital environment should be enjoyed without any unequal treatment as compared without any unequal treatment as compared with those granted in the analogue world; with those granted in the analogue world, ensuring that holders of copyright and related rights receive a fair remuneration for their works;

Or. es

Amendment 302 Axel Voss

Motion for a resolution Paragraph 9

Motion for a resolution Amendment

9. Notes that exceptions and limitations in 9. Notes that the rights and protection of the digital environment should be enjoyed creators in the digital environment should without any unequal treatment as compared be enjoyed without any unequal treatment with those granted in the analogue world; as compared with those granted in the analogue world;

Or. de

Amendment 303 Victor Negrescu

Motion for a resolution Paragraph 9

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Motion for a resolution Amendment

9. Notes that exceptions and limitations in 9. Notes that the ability to benefit from the digital environment should be enjoyed exceptions and limitations should be without any unequal treatment as enjoyed in the digital environment without compared with those granted in the any unequal treatment compared to those analogue world; granted in the analogue world;

Or. en

Amendment 304 Helga Trüpel, Heidi Hautala

Motion for a resolution Paragraph 9

Motion for a resolution Amendment

9. Notes that exceptions and limitations in 9. Notes that exceptions and limitations the digital environment should be enjoyed and appropriate remuneration for without any unequal treatment as compared creators in the digital environment should with those granted in the analogue world; be enjoyed without any unequal treatment as compared with those granted in the analogue world;

Or. de

Amendment 305 Julia Reda, Victor Negrescu, Josef Weidenholzer

Motion for a resolution Paragraph 9

Motion for a resolution Amendment

9. Notes that exceptions and limitations in 9. Notes that the ability to benefit from the digital environment should be enjoyed exceptions and limitations should be without any unequal treatment as enjoyed in the digital environment without compared with those granted in the any unequal treatment compared to those analogue world; granted in the analogue world;

Or. en

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Amendment 306 Laura Ferrara

Motion for a resolution Paragraph 9 – subparagraph 1 (new)

Motion for a resolution Amendment

Highlights the advisability of introducing new exceptions and limitations which should take into account technological developments and new forms of both the expression and the use of works in a digital environment;

Or. it

Amendment 307 Juan Fernando López Aguilar, Sergio Gutiérrez Prieto, Eider Gardiazabal Rubial, José Blanco López

Motion for a resolution Paragraph 10

Motion for a resolution Amendment

10. Views with concern the increasing deleted impact of differences among Member States in the implementation of exceptions, which creates legal uncertainty and has direct negative effects on the functioning of the digital single market, in view of the development of cross-border activities;

Or. es

Amendment 308 Virginie Rozière

Motion for a resolution Paragraph 10

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Motion for a resolution Amendment

10. Views with concern the increasing deleted impact of differences among Member States in the implementation of exceptions, which creates legal uncertainty and has direct negative effects on the functioning of the digital single market, in view of the development of cross-border activities;

Or. fr

Amendment 309 Marie-Christine Boutonnet

Motion for a resolution Paragraph 10

Motion for a resolution Amendment

10. Views with concern the increasing deleted impact of differences among Member States in the implementation of exceptions, which creates legal uncertainty and has direct negative effects on the functioning of the digital single market, in view of the development of cross-border activities;

Or. fr

Amendment 310 Angel Dzhambazki, Sajjad Karim

Motion for a resolution Paragraph 10

Motion for a resolution Amendment

10. Views with concern the increasing 10. Notes the right of each Member State impact of differences among Member to tailor exceptions in accordance with States in the implementation of their market and traditions and in

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exceptions, which creates legal line with the principles of subsidiarity and uncertainty and has direct negative effects proportionality; However, Member States on the functioning of the digital single may consider that some exceptions may market, in view of the development of benefit from common approaches and any cross-border activities; exceptions pursued should aim to stimulate economic growth, the development of the Digital Single Market and competitiveness;

Or. en

Amendment 311 Marie-Christine Boutonnet

Motion for a resolution Paragraph 10

Motion for a resolution Amendment

10. Views with concern the increasing 10. Recalls that each Member State may impact of differences among Member continue to legislate on the basis of States in the implementation of respect for and conservation and exceptions, which creates legal promotion of its cultural identity, uncertainty and has direct negative effects contributing to the cultural richness of on the functioning of the digital single Europe; market, in view of the development of cross-border activities;

Or. fr

Amendment 312 Constance Le Grip

Motion for a resolution Paragraph 10

Motion for a resolution Amendment

10. Views with concern the increasing 10. Observes that the list of 20 optional impact of differences among Member exceptions in Directive 2001/29/EC has States in the implementation of permitted a flexibility of implementation exceptions, which creates legal which was necessary in order to take uncertainty and has direct negative effects account of the diversity of the legal on the functioning of the digital single traditions of the Member States and their

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Or. fr

Amendment 313 József Szájer

Motion for a resolution Paragraph 10

Motion for a resolution Amendment

10. Views with concern the increasing 10. Notes the importance of European impact of differences among Member cultural diversity, which provides States in the implementation of exceptions, opportunities rather than obstacles to the which creates legal uncertainty and has Single Market, and notes that the possible direct negative effects on the functioning differences in the implementation of of the digital single market, in view of the exceptions may be handled on a case-by- development of cross-border activities; case basis and market driven solutions , to avoid legal uncertainty and to protect the functioning of the digital single market, in view of the development of cross-border activities;

Or. en

Amendment 314 Angelika Niebler

Motion for a resolution Paragraph 10

Motion for a resolution Amendment

10. Views with concern the increasing 10. Stresses the importance of Member impact of differences among Member States’ room for manoeuvre in the States in the implementation of exceptions, implementation of exceptions, which which creates legal uncertainty and has reflects specific cultural and economic direct negative effects on the functioning features in the Member States; of the digital single market, in view of the development of cross-border activities;

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Or. de

Amendment 315 Jean-Marie Cavada, Virginie Rozière

Motion for a resolution Paragraph 10

Motion for a resolution Amendment

10. Views with concern the increasing 10. Notes that the room for manoeuvre impact of differences among Member left to Member States under the States in the implementation of subsidiarity principle has made it possible exceptions, which creates legal to adapt the exceptions to social and uncertainty and has direct negative effects economic realities in the Member States on the functioning of the digital single without creating obstacles to the market, in view of the development of functioning of the internal market; cross-border activities;

Or. fr

Amendment 316 Mary Honeyball, Theresa Griffin

Motion for a resolution Paragraph 10

Motion for a resolution Amendment

10. Views with concern the increasing 10. Notes the importance of European impact of differences among Member cultural diversity, which provides States in the implementation of exceptions, opportunities rather than obstacles to the which creates legal uncertainty and has Single Market, and notes that the direct negative effects on the functioning differences in the implementation of of the digital single market, in view of the exceptions may have negative effects on development of cross-border activities; the functioning of the internal market, and may also lead to legal uncertainty, but that these should be handled on a case-by- case basis, while stressing that works of cultural value should be available to all to be enjoyed but should also be subject to copyright protection;

Or. en

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Amendment 317 Therese Comodini Cachia, Marc Joulaud, Mary Honeyball, József Szájer, Giovanni Toti, Luis de Grandes Pascual, Rosa Estaràs Ferragut, Sabine Verheyen

Motion for a resolution Paragraph 10

Motion for a resolution Amendment

10. Views with concern the increasing 10. Notes the importance of European impact of differences among Member cultural diversity, which provides States in the implementation of exceptions, opportunities rather than obstacles to the which creates legal uncertainty and has Single Market, and notes that the possible direct negative effects on the functioning differences in the implementation of of the digital single market, in view of the exceptions may be handled on a case-by- development of cross-border activities; case basis and market driven solutions , to avoid legal uncertainty and to protect the functioning of the digital single market, in view of the development of cross-border activities;

Or. en

Amendment 318 Axel Voss

Motion for a resolution Paragraph 10

Motion for a resolution Amendment

10. Views with concern the increasing 10. Notes the added value that cultural impact of differences among Member diversity offers for the European internal States in the implementation of exceptions, market, and stresses that possible which creates legal uncertainty and has differences among Member States in the direct negative effects on the functioning implementation of exceptions should be of the digital single market, in view of the dealt with on a case-by-case basis in order development of cross-border activities; to avoid legal uncertainty and safeguard the functioning of the digital single market, in view of the development of cross-border activities;

Or. de

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Amendment 319 Laura Ferrara

Motion for a resolution Paragraph 10

Motion for a resolution Amendment

10. Views with concern the increasing 10. Views with concern, in view of the impact of differences among Member development of cross-border activities, the States in the implementation of exceptions, increasing impact of the lack of uniformity which creates legal uncertainty and has among Member States in the direct negative effects on the functioning implementation of exceptions, which of the digital single market, in view of the creates legal uncertainty and has direct development of cross-border activities; negative effects on the functioning of the digital single market, on the incentive to create and promote innovative industrial and trade models and on competition;

Or. it

Amendment 320 Sergio Gaetano Cofferati, Lidia Joanna Geringer de Oedenberg

Motion for a resolution Paragraph 10

Motion for a resolution Amendment

10. Views with concern the increasing 10. Views with concern the increasing impact of differences among Member impact of differences among Member States in the implementation of exceptions, States in the implementation of exceptions, which creates legal uncertainty and has which creates legal uncertainty for authors direct negative effects on the functioning and users and has direct negative effects of the digital single market, in view of the on the functioning of the digital single development of cross-border activities; market, in view of the development of cross-border activities;

Or. it

Amendment 321 Julia Reda, Christian Ehler, Josef Weidenholzer

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Motion for a resolution Paragraph 10

Motion for a resolution Amendment

10. Views with concern the increasing 10. Views with concern the increasing impact of differences among Member impact of differences among Member States in the implementation of exceptions, States in the implementation of exceptions, which creates legal uncertainty and has which creates legal uncertainty and has direct negative effects on the functioning direct negative effects on the functioning of the digital single market, in view of the of the digital single market, in view of the development of cross-border activities; development of cross-border activities and EU global competitiveness and innovation;

Or. en

Amendment 322 Pascal Durand

Motion for a resolution Paragraph 10 a (new)

Motion for a resolution Amendment

10a. Emphasizes that industry geoblocking practices should not prevent cultural minorities living in EU Member States from accessing existing contents or services in their language that are either free or paid for;

Or. en

Amendment 323 Christian Ehler, Sabine Verheyen, Marc Joulaud

Motion for a resolution Paragraph 10 b (new)

Motion for a resolution Amendment

10b. Supports the initiatives aimed at

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enhancing the portability, within the EU, of online services of legally acquired and legally made available content, whilst fully respecting copyrights and the interests of right-holders;

Or. en

Amendment 324 Marietje Schaake

Motion for a resolution Paragraph 10 c (new)

Motion for a resolution Amendment

10c. Calls for modern, harmonized EU wide copyright, to ensure innovative startups can flourish and roll out their services on a single European digital market;

Or. en

Amendment 325 Christian Ehler, Sabine Verheyen, Marc Joulaud

Motion for a resolution Paragraph 10 d (new)

Motion for a resolution Amendment

10d. Recalls that the European cultural markets are naturally heterogeneous because of the European cultural and linguistic diversity, notes that this diversity should be considered as a benefit rather than an obstacle to the Single Market;

Or. en

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Amendment 326 Christian Ehler, Sabine Verheyen, Marc Joulaud

Motion for a resolution Paragraph 10 e (new)

Motion for a resolution Amendment

10e. Takes note of the importance of territorial licenses in the EU, particularly with regards to audiovisual and film production which is primarily based on broadcasters pre-purchase or pre- financing systems;

Or. en

Amendment 327 Kostas Chrysogonos

Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Calls on the Commission to make delete mandatory all the exceptions and limitations referred to in Directive 2001/29/EC, to allow equal access to cultural diversity across borders within the internal market and to improve legal certainty;

Or. el

Amendment 328 Constance Le Grip

Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Calls on the Commission to make deleted

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mandatory all the exceptions and limitations referred to in Directive 2001/29/EC, to allow equal access to cultural diversity across borders within the internal market and to improve legal certainty;

Or. fr

Amendment 329 Virginie Rozière

Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Calls on the Commission to make deleted mandatory all the exceptions and limitations referred to in Directive 2001/29/EC, to allow equal access to cultural diversity across borders within the internal market and to improve legal certainty;

Or. fr

Amendment 330 Angelika Niebler

Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Calls on the Commission to make deleted mandatory all the exceptions and limitations referred to in Directive 2001/29/EC, to allow equal access to cultural diversity across borders within the internal market and to improve legal certainty;

Or. de

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Amendment 331 Kostas Chrysogonos on behalf of the GUE/NGL Group Jiří Maštálka

Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Calls on the Commission to make deleted mandatory all the exceptions and limitations referred to in Directive 2001/29/EC, to allow equal access to cultural diversity across borders within the internal market and to improve legal certainty;

Or. en

Amendment 332 Marie-Christine Boutonnet

Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Calls on the Commission to make deleted mandatory all the exceptions and limitations referred to in Directive 2001/29/EC, to allow equal access to cultural diversity across borders within the internal market and to improve legal certainty;

Or. fr

Amendment 333 Eva Paunova

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Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Calls on the Commission to make deleted mandatory all the exceptions and limitations referred to in Directive 2001/29/EC, to allow equal access to cultural diversity across borders within the internal market and to improve legal certainty;

Or. en

Amendment 334 Axel Voss

Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Calls on the Commission to make 11. Calls on the Commission to ensure mandatory all the exceptions and that all the exceptions and limitations limitations referred to in Directive referred to in Directive 2001/29/EC are 2001/29/EC, to allow equal access to implemented appropriately, that equal cultural diversity across borders within the access to cultural diversity across borders internal market and to improve legal within the internal market is promoted and certainty; that legal certainty is improved, taking account of the subsidiarity principle, specific cultural and legal features in the Member States and the clearly demonstrated cross-border impact of the exceptions and limitations concerned;

Or. de

Amendment 335 Jean-Marie Cavada

Motion for a resolution Paragraph 11

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Motion for a resolution Amendment

11. Calls on the Commission to make 11. Calls on the Commission to ensure the mandatory all the exceptions and proper application of the exceptions and limitations referred to in Directive limitations and to provide all the 2001/29/EC, to allow equal access to information necessary to promote equal cultural diversity across borders within the access to cultural diversity across borders internal market and to improve legal within the internal market and to improve certainty; legal certainty;

Or. fr

Amendment 336 Tadeusz Zwiefka, Bogdan Brunon Wenta

Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Calls on the Commission to make 11. underlines that the exceptions and mandatory all the exceptions and limitations referred to in Directive limitations referred to in Directive 2001/29/EC should be implemented in a 2001/29/EC, to allow equal access to way to allow equal access to cultural cultural diversity across borders within the diversity across borders within the internal internal market and to improve legal market and to improve legal certainty; certainty;

Or. en

Amendment 337 Juan Fernando López Aguilar, Sergio Gutiérrez Prieto, Eider Gardiazabal Rubial, José Blanco López

Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Calls on the Commission to make 11. Calls on the Commission to examine a mandatory all the exceptions and minimum of harmonisation of all the limitations referred to in Directive exceptions and limitations referred to in 2001/29/EC, to allow equal access to Directive 2001/29/EC, to allow equal

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cultural diversity across borders within the access to cultural diversity across borders internal market and to improve legal within the internal market and to improve certainty; legal certainty;

Or. es

Amendment 338 Angel Dzhambazki, Sajjad Karim

Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Calls on the Commission to make 11. Calls on the Commission to enhance mandatory all the exceptions and the provision of information to creators limitations referred to in Directive and consumers regarding exceptions and 2001/29/EC, to allow equal access to limitations in all Member States to cultural diversity across borders within improve legal certainty; the internal market and to improve legal certainty;

Or. en

Amendment 339 József Szájer

Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Calls on the Commission to make 11. Calls on the Commission to ensure the mandatory all the exceptions and proper implementation of all the limitations referred to in Directive exceptions and limitations referred to in 2001/29/EC, to allow equal access to Directive 2001/29/EC, and to provide all cultural diversity across borders within the necessary information to promote an internal market and to improve legal equal access to cultural diversity across certainty; borders within the internal market and to improve legal certainty, while ensuring respect for the principle of subsidiarity, cultural diversity and evidence of clear cross-border impact;

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Or. en

Amendment 340 Cecilia Wikström

Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Calls on the Commission to make 11. Calls on the Commission to propose a mandatory all the exceptions and list of mandatory exceptions and limitations referred to in Directive limitations in its review of Directive 2001/29/EC, to allow equal access to 2001/29/EC, as this would allow equal cultural diversity across borders within the access to cultural diversity across borders internal market and to improve legal within the internal market and improve certainty; legal certainty;

Or. en

Amendment 341 Lidia Joanna Geringer de Oedenberg

Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Calls on the Commission to make 11. Calls on the Commission to make mandatory all the exceptions and uniform and mandatory all the exceptions limitations referred to in Directive and limitations referred to in Directive 2001/29/EC, to allow equal access to 2001/29/EC, to allow equal access to cultural diversity across borders within the cultural diversity across borders within the internal market and to improve legal internal market and to improve legal certainty; certainty;

Or. pl

Amendment 342 Helga Trüpel, Heidi Hautala

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Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Calls on the Commission to make 11. Calls on the Commission to make mandatory all the exceptions and mandatory all the exceptions and limitations referred to in Directive limitations referred to in Directive 2001/29/EC, to allow equal access to 2001/29/EC, to allow equal access to cultural diversity across borders within the cultural diversity across borders within the internal market and to improve legal internal market and to improve legal certainty; certainty; takes the view that any harmonisation of copyright and related rights must be based on a high level of protection, since these rights are crucial for intellectual creation; notes that protecting these rights helps to ensure the maintenance and development of creativity in the interests of creators, performers, producers, consumers, culture, industry and the public at large;

Or. de

Amendment 343 Therese Comodini Cachia, Luis de Grandes Pascual, Rosa Estaràs Ferragut, Marc Joulaud, Pavel Svoboda, Jean-Marie Cavada, József Szájer, Giovanni Toti, Sabine Verheyen

Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Calls on the Commission to make 11. Calls on the Commission to ensure the mandatory all the exceptions and proper implementation of all the limitations referred to in Directive exceptions and limitations referred to in 2001/29/EC, to allow equal access to Directive 2001/29/EC, and to provide all cultural diversity across borders within the necessary information to promote an internal market and to improve legal equal access to cultural diversity across certainty; borders within the internal market and to improve legal certainty, while ensuring respect for the principle of subsidiarity, cultural diversity and evidence of clear cross-border impact;

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Or. en

Amendment 344 Mary Honeyball

Motion for a resolution Paragraph 11

Motion for a resolution Amendment

11. Calls on the Commission to make 11. Calls on the Commission to examine mandatory all the exceptions and the application of minimum standards limitations referred to in Directive across the exceptions and limitations, and 2001/29/EC, to allow equal access to further to ensure the proper cultural diversity across borders within the implementation of the exceptions and internal market and to improve legal limitations referred to in Directive certainty; 2001/29/EC, and an equal access to cultural diversity across borders within the internal market and to improve legal certainty;

Or. en

Amendment 345 Pascal Durand

Motion for a resolution Paragraph 11 a (new)

Motion for a resolution Amendment

11a. Stresses that the "three-step test" of international copyright law should serve to encourage the establishment of a solid and flexible system of exceptions and limitations;

Or. en

Amendment 346 Pascal Durand

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Motion for a resolution Paragraph 11 b (new)

Motion for a resolution Amendment

11b. Urges the European legislator to ensure that all citizens can enjoy at national level, judicial or administrative procedures enabling to request the implementation and expansion of exceptions and limitations to assure their constitutional and human rights;

Or. en

Amendment 347 Ivan Jakovčić

Motion for a resolution Paragraph 11 c (new)

Motion for a resolution Amendment

11c. Calls on the Commission to examine the present limitations and exceptions with a view to bringing about policies to boost the development of the existing market, an aim which can be achieved only by ensuring a proper reward for authors, that is to say, those who create the products offered on that market, and by providing legal certainty;

Or. hr

Amendment 348 Marietje Schaake

Motion for a resolution Paragraph 11 d (new)

Motion for a resolution Amendment

11d. Calls for expanding mandatory

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exceptions beneficial for public interest institutions, such as libraries, museums and archives, which play a central role in facilitating online access to cultural heritage, and access to information that allows them to make protected works in their collections, that are not in commercial circulation anymore, or otherwise actively managed by their rights holders, available for online access by the public;

Or. en

Amendment 349 Julia Reda

Motion for a resolution Paragraph 11 e (new)

Motion for a resolution Amendment

11e. Temporary acts of reproduction, which are transient or incidental [and] an integral and essential part of a technological process and whose sole purpose is to enable: (a) a transmission in a network between third parties by an intermediary, or (b) a lawful use of a work or other subject-matter to be made, and which have no independent economic significance, should remain a mandatory exception.

Or. en

Amendment 350 Sergio Gaetano Cofferati, Lidia Joanna Geringer de Oedenberg, Evelyn Regner

Motion for a resolution Paragraph 11 f (new)

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Motion for a resolution Amendment

11f. Considers it necessary to strengthen exceptions for institutions of public interest, such as libraries, museums and archives, in order to promote wide- ranging access to cultural heritage, including through online platforms;

Or. it

Amendment 351 Virginie Rozière, Mady Delvaux

Motion for a resolution Paragraph 11 g (new)

Motion for a resolution Amendment

11g. Calls on the Commission to consider with care the possibility of making certain exceptions mandatory where the purpose is to protect fundamental rights, particularly to combat discrimination or protect freedom of the press; realls in this context that fair compensation should be provided for these exceptions;

Or. fr

Amendment 352 Jean-Marie Cavada, Mary Honeyball

Motion for a resolution Paragraph 11 h (new)

Motion for a resolution Amendment

11h. Recalls the importance of SMEs in the cultural and creative industries in terms of job creation and growth in the European Union; stresses that the vast majority of SMEs in the cultural and

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creative industries take advantage of the flexibility of copyright rules to produce, invest and distribute cultural and creative works but also to develop innovative solutions which enable users to gain access to creative works on line adapted to the preferences and specificities of local markets;

Or. fr

Amendment 353 Marietje Schaake

Motion for a resolution Paragraph 11 i (new)

Motion for a resolution Amendment

11i. Calls on the Commission to introduce new mandatory exceptions, such as for user-generated content, text and data mining;

Or. en

Amendment 354 Julia Reda

Motion for a resolution Paragraph 11 j (new)

Motion for a resolution Amendment

11j. Exceptions or limitations should be made mandatory in the following cases: (a) in respect of reproductions on paper or any similar medium, effected by the use of any kind of photographic technique or by some other process having similar effects, with the exception of sheet music, provided that the rightholders receive fair compensation;

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(b) in respect of reproductions on any medium made by a natural person for private use and for ends that are neither directly nor indirectly commercial, on condition that the rightholders receive fair compensation; (c) in respect of acts of reproduction made by publicly accessible libraries, educational establishments or museums, or by archives, which are not for direct or indirect economic or commercial advantage; (d) in respect of ephemeral recordings of works made by broadcasting organisations by means of their own facilities and for their own broadcasts; the preservation of these recordings in official archives should, on the grounds of their exceptional documentary character, be permitted; (e) in respect of reproductions of broadcasts made by social institutions pursuing non-commercial purposes, such as hospitals or prisons, on condition that the rightholders receive fair compensation. (f) use for the sole purpose of illustration for teaching or scientific research, as long as the source, including the author's name, is indicated, unless this turns out to be impossible and to the extent justified by the non-commercial purpose to be achieved; (g) uses, for the benefit of people with a disability, which are directly related to the disability and of a non-commercial nature, to the extent required by the specific disability; (h) reproduction by the press, communication to the public or making available of published articles on current economic, political or religious topics or of broadcast works or other subject-matter of the same character, in cases where such use is not expressly reserved, and as

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long as the source, including the author's name, is indicated, or use of works or other subject-matter in connection with the reporting of current events, to the extent justified by the informatory purpose and as long as the source, including the author's name, is indicated, unless this turns out to be impossible; (i) quotations for purposes such as criticism or review, provided that they relate to a work or other subject-matter which has already been lawfully made available to the public, that, unless this turns out to be impossible, the source, including the author's name, is indicated, and that their use is in accordance with fair practice, and to the extent required by the specific purpose; (j) use for the purposes of public security or to ensure the proper performance or reporting of administrative, parliamentary or judicial proceedings; (k) use of political speeches as well as extracts of public lectures or similar works or subject-matter to the extent justified by the informatory purpose and provided that the source, including the author's name, is indicated, except where this turns out to be impossible; (l) use during religious celebrations or official celebrations organised by a public authority; (m) use of works, such as works of architecture or sculpture, made to be located permanently in public places; (n) incidental inclusion of a work or other subject-matter in other material; (o) use for the purpose of advertising the public exhibition or sale of artistic works, to the extent necessary to promote the event, excluding any other commercial use; (p) use for the purpose of caricature, parody or pastiche;

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(q) use in connection with the demonstration or repair of equipment; (r) use of an artistic work in the form of a building or a drawing or plan of a building for the purposes of reconstructing the building; (s) use by communication or making available, for the purpose of research or private study, to individual members of the public by dedicated terminals on the premises of establishments referred to in paragraph 2(c) of works and other subject-matter not subject to purchase or licensing terms which are contained in their collections; (t) use in certain other cases of minor importance where exceptions or limitations already exist under national law, provided that they only concern analogue uses and do not affect the free circulation of goods and services within the Community, without prejudice to the other exceptions and limitations contained in this paragraph;

Or. en

Amendment 355 Marietje Schaake

Motion for a resolution Paragraph 11 k (new)

Motion for a resolution Amendment

11k. Urges increased legal certainty with regards to sharing copyright protected content through 'peer-to-peer' (P2P) networks;

Or. en

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Amendment 356 Marietje Schaake

Motion for a resolution Paragraph 11 l (new)

Motion for a resolution Amendment

11l. Calls for broad exceptions for non- commercial use of protected works for educational organizations, teachers and students;

Or. en

Amendment 357 Constance Le Grip

Motion for a resolution Paragraph 12

Motion for a resolution Amendment

12. Notes with interest the development of 12. Notes with interest the development of new forms of use of works on digital new forms of use of works on digital networks, in particular transformative uses; networks, in particular transformative uses, and calls for fair remuneration solutions linked to new forms of exploitation of works on platforms and networks in the digital environment;

Or. fr

Amendment 358 József Szájer

Motion for a resolution Paragraph 12

Motion for a resolution Amendment

12. Notes with interest the development of 12. Notes with interest the development of new forms of use of works on digital new forms of use of works on digital networks, in particular transformative uses; networks, in particular transformative uses,

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and stresses that these should be subject to the same level of copyright protection while keeping the best balance between an efficient protection that provides for a proper remuneration for creators and the objective of the public interest for access to cultural goods and knowledge.

Or. en

Amendment 359 Jean-Marie Cavada

Motion for a resolution Paragraph 12

Motion for a resolution Amendment

12. Notes with interest the development of 12. Notes with interest the development of new forms of use of works on digital new forms of use of works on digital networks, in particular transformative uses; networks, in particular transformative uses, and stresses in this connection the need for service-providers and technical intermediaries on the Internet to remunerate rightholders for the use of works on their platforms and networks;

Or. fr

Amendment 360 Juan Fernando López Aguilar, José Blanco López, Sergio Gutiérrez Prieto, Eider Gardiazabal Rubial

Motion for a resolution Paragraph 12

Motion for a resolution Amendment

12. Notes with interest the development of 12. Notes with interest the development of new forms of use of works on digital new forms of use of works on digital networks, in particular transformative uses; networks, in particular transformative uses; emphasises the need to ensure copyright is protected to the same extent as in the analogue world;

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Or. es

Amendment 361 Therese Comodini Cachia, Eva Paunova, Pavel Svoboda, Marc Joulaud, Jean-Marie Cavada, József Szájer, Giovanni Toti, Rosa Estaràs Ferragut, Luis de Grandes Pascual, Milan Zver, Sabine Verheyen

Motion for a resolution Paragraph 12

Motion for a resolution Amendment

12. Notes with interest the development of 12. Notes with interest the development of new forms of use of works on digital new forms of use of works on digital networks, in particular transformative uses; networks, in particular transformative uses, and stresses that these should be subject to the same level of copyright protection while keeping the best balance between an efficient protection that provides for a proper remuneration for creators and the objective of the public interest for access to cultural goods and knowledge;

Or. en

Amendment 362 Mary Honeyball

Motion for a resolution Paragraph 12

Motion for a resolution Amendment

12. Notes with interest the development of 12. Notes with interest the development of new forms of use of works on digital new forms of use of works on digital networks, in particular transformative uses; networks, in particular transformative uses, and stresses that these should be subject to the same level of copyright protection while keeping the best balance between an efficient protection that provides for proper remuneration and fair compensation for creators and the objective of the public interest for access to cultural goods and knowledge;

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Or. en

Amendment 363 Isabella Adinolfi

Motion for a resolution Paragraph 12 a (new)

Motion for a resolution Amendment

12a. Acknowledges the importance of full exploitation of new technologies in order to increase the legal offer of content by encouraging re-use mechanisms and the birth of a digital second-hand market;

Or. en

Amendment 364 Marietje Schaake

Motion for a resolution Paragraph 12 b (new)

Motion for a resolution Amendment

12b. Calls for broad exceptions also for informal educational purposes;

Or. en

Amendment 365 Marietje Schaake

Motion for a resolution Paragraph 12 c (new)

Motion for a resolution Amendment

12c. Calls for open access in publishing, in particular for publicly funded research;

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Or. en

Amendment 366 Marietje Schaake

Motion for a resolution Paragraph 12 d (new)

Motion for a resolution Amendment

12d. Calls for making relevant existing exceptions such as parody, quotation and incidental use and private copying mandatory across all Member States;

Or. en

Amendment 367 Tadeusz Zwiefka, Bogdan Brunon Wenta

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Calls for the adoption of an open deleted norm introducing flexibility in the interpretation of exceptions and limitations in certain special cases that do not conflict with the normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author or rightholder;

Or. en

Amendment 368 Juan Fernando López Aguilar, Sergio Gutiérrez Prieto, Eider Gardiazabal Rubial, José Blanco López

Motion for a resolution Paragraph 13

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Motion for a resolution Amendment

13. Calls for the adoption of an open deleted norm introducing flexibility in the interpretation of exceptions and limitations in certain special cases that do not conflict with the normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author or rightholder;

Or. es

Amendment 369 Angel Dzhambazki, Sajjad Karim

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Calls for the adoption of an open deleted norm introducing flexibility in the interpretation of exceptions and limitations in certain special cases that do not conflict with the normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author or rightholder;

Or. en

Amendment 370 Virginie Rozière

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Calls for the adoption of an open deleted norm introducing flexibility in the interpretation of exceptions and

PE549.469v01-00 44/131 AM\1052463EN.doc EN limitations in certain special cases that do not conflict with the normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author or rightholder;

Or. fr

Amendment 371 Angelika Niebler

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Calls for the adoption of an open deleted norm introducing flexibility in the interpretation of exceptions and limitations in certain special cases that do not conflict with the normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author or rightholder;

Or. de

Amendment 372 Marie-Christine Boutonnet

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Calls for the adoption of an open deleted norm introducing flexibility in the interpretation of exceptions and limitations in certain special cases that do not conflict with the normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author or rightholder;

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Or. fr

Amendment 373 Constance Le Grip, Marc Joulaud, Sabine Verheyen

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Calls for the adoption of an open deleted norm introducing flexibility in the interpretation of exceptions and limitations in certain special cases that do not conflict with the normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author or rightholder;

Or. fr

Amendment 374 Isabella Adinolfi

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Calls for the adoption of an open norm 13. Calls for the adoption of a de minimis introducing flexibility in the exception and limitation to analogically interpretation of exceptions and apply the discipline already provided in limitations in certain special cases that do Article 5.3, in cases that are not regulated, not conflict with the normal exploitation especially bearing in mind the swift of the work and do not unreasonably technological evolution. Such de minimis prejudice the legitimate interests of the exception should be evaluated in light of author or rightholder; the qualitative and quantitative parameters of three-step test, as provided for by Article 5.5 of the Directive;

Or. en

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Amendment 375 Therese Comodini Cachia, Eva Paunova, Jean-Marie Cavada, József Szájer, Giovanni Toti, Luis de Grandes Pascual, Rosa Estaràs Ferragut, Sabine Verheyen

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Calls for the adoption of an open 13. Recalls that the exceptions and norm introducing flexibility in the limitations should not conflict with the interpretation of exceptions and normal exploitation of the work and do not limitations in certain special cases that do unreasonably prejudice the legitimate not conflict with the normal exploitation of interests of the author or rightholder, while the work and do not unreasonably keeping the interpretation of exceptions prejudice the legitimate interests of the and limitations on the level of Member author or rightholder; States to permit the adaptation of the copyright system to different national circumstances and social needs;

Or. en

Amendment 376 Julia Reda, Mary Honeyball, Josef Weidenholzer

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Calls for the adoption of an open norm 13. Calls for a flexible interpretation of introducing flexibility in the interpretation exceptions and limitations to exclusive of exceptions and limitations in certain rights, allowing to apply exceptions and special cases that do not conflict with the limitations to uses that are similar to the normal exploitation of the work and do not ones in the original legal provisions, unreasonably prejudice the legitimate thereby ensuring that exceptions and interests of the author or rightholder; limitations can be adapted to new forms of usage emerging due to technological change; such flexibility would be subject to the three-step-test, which grants limitations and exceptions in certain special cases that do not conflict with the normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author or rightholder;

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Or. en

Amendment 377 József Szájer

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Calls for the adoption of an open 13. Recalls that the exceptions and norm introducing flexibility in the limitations should not conflict with the interpretation of exceptions and normal exploitation of the work and do not limitations in certain special cases that do unreasonably prejudice the legitimate not conflict with the normal exploitation of interests of the author or rightholder, while the work and do not unreasonably keeping the interpretation of exceptions prejudice the legitimate interests of the and limitations on the level of Member author or rightholder; States to permit the adaptation of the copyright system to different national circumstances and social needs;

Or. en

Amendment 378 Axel Voss

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Calls for the adoption of an open 13. Stresses that exceptions and limitations norm introducing flexibility in the should not conflict with the normal interpretation of exceptions and exploitation of the work and do not limitations in certain special cases that do unreasonably prejudice the legitimate not conflict with the normal exploitation of interests of the author or rightholder; takes the work and do not unreasonably the view that, where necessary, the prejudice the legitimate interests of the Member States should be able to adapt the author or rightholder; exceptions and limitations in individual cases;

Or. de

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Amendment 379 Jean-Marie Cavada, Therese Comodini Cachia, Virginie Rozière

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Calls for the adoption of an open 13. Recalls that exceptions and limitations norm introducing flexibility in the must not conflict with the normal interpretation of exceptions and exploitation of the work or unreasonably limitations in certain special cases that do prejudice the legitimate interests of the not conflict with the normal exploitation of author or rightholder; they are created for the work and do not unreasonably quite specific reasons and must be strictly prejudice the legitimate interests of the applied by Member States; author or rightholder;

Or. fr

Amendment 380 Enrico Gasbarra, Silvia Costa

Motion for a resolution Paragraph 13

Motion for a resolution Amendment

13. Calls for the adoption of an open norm 13. Calls for the adoption of a certain introducing flexibility in the interpretation norm in the interpretation of exceptions of exceptions and limitations in certain and limitations in cases that do not conflict special cases that do not conflict with the with the normal exploitation of the work normal exploitation of the work and do not and do not unreasonably prejudice the unreasonably prejudice the legitimate legitimate interests of the author or interests of the author or rightholder; rightholder;

Or. it

Amendment 381 Helga Trüpel, Heidi Hautala

Motion for a resolution Paragraph 13

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Motion for a resolution Amendment

13. Calls for the adoption of an open norm 13. Calls for consideration to be given to introducing flexibility in the interpretation an open norm making it possible to react of exceptions and limitations in certain promptly to new technologies and content special cases that do not conflict with the and introducing flexibility in the normal exploitation of the work and do not interpretation of exceptions and limitations unreasonably prejudice the legitimate in certain special cases that do not conflict interests of the author or rightholder; with the normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author or rightholder, in accordance with the three- step test;

Or. de

Amendment 382 Angel Dzhambazki, Sajjad Karim

Motion for a resolution Paragraph 13 a (new)

Motion for a resolution Amendment

13a. Calls for exceptions and limitations which have an appropriate level of flexibility and are technologically neutral;

Or. en

Amendment 383 Virginie Rozière, Mady Delvaux

Motion for a resolution Paragraph 14

Motion for a resolution Amendment

14. Urges the European legislator to 14. Considers that the exception for ensure the technological neutrality and quotation should continue to be strictly future-compatibility of exceptions and defined, while including the possibility of limitations by taking due account of the its extension to audio-visual quotations; effects of media convergence; considers,

PE549.469v01-00 50/131 AM\1052463EN.doc EN in particular, that the exception for quotation should expressly include audio- visual quotations in its scope;

Or. fr

Amendment 384 Tadeusz Zwiefka, Bogdan Brunon Wenta

Motion for a resolution Paragraph 14

Motion for a resolution Amendment

14. Urges the European legislator to ensure 14. Urges the European legislator to ensure the technological neutrality and future- the technological neutrality and future- compatibility of exceptions and limitations compatibility of exceptions and limitations by taking due account of the effects of by taking due account of the effects of media convergence; considers, in media convergence; particular, that the exception for quotation should expressly include audio- visual quotations in its scope;

Or. en

Amendment 385 József Szájer

Motion for a resolution Paragraph 14

Motion for a resolution Amendment

14. Urges the European legislator to ensure 14. Urges the European legislator to ensure the technological neutrality and future- the technological neutrality and future- compatibility of exceptions and limitations compatibility of exceptions and limitations by taking due account of the effects of while serving the public interest by media convergence; considers, in fostering incentives to create, finance and particular, that the exception for distribute new works and to make those quotation should expressly include audio- works available to the public in new, visual quotations in its scope; innovative and compelling ways;

Or. en

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Amendment 386 Axel Voss

Motion for a resolution Paragraph 14

Motion for a resolution Amendment

14. Urges the European legislator to ensure 14. Urges the European legislator to ensure the technological neutrality and future the technological neutrality and future compatibility of exceptions and limitations compatibility of exceptions and limitations; by taking due account of the effects of media convergence; considers, in particular, that the exception for quotation should expressly include audio- visual quotations in its scope;

Or. de

Amendment 387 Enrico Gasbarra

Motion for a resolution Paragraph 14

Motion for a resolution Amendment

14. Urges the European legislator to ensure 14. Urges the European legislator to ensure the technological neutrality and future- the technological neutrality and future- compatibility of exceptions and limitations compatibility of exceptions and limitations by taking due account of the effects of by taking due account of the effects of media convergence; considers, in media convergence; particular, that the exception for quotation should expressly include audio- visual quotations in its scope;

Or. it

Amendment 388 Angelika Niebler

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Motion for a resolution Paragraph 14

Motion for a resolution Amendment

14. Urges the European legislator to ensure 14. Urges the European legislator to ensure the technological neutrality and future the technological neutrality and future compatibility of exceptions and limitations compatibility of exceptions and limitations by taking due account of the effects of by taking due account of the effects of media convergence; considers, in media convergence; particular, that the exception for quotation should expressly include audio- visual quotations in its scope;

Or. de

Amendment 389 Victor Negrescu

Motion for a resolution Paragraph 14

Motion for a resolution Amendment

14. Urges the European legislator to ensure 14. Urges the European legislator to ensure the technological neutrality and future- technological neutrality and future- compatibility of exceptions and limitations compatibility of exceptions and limitations by taking due account of the effects of by taking due account of the effects of media convergence; considers, in media convergence; therefore calls on the particular, that the exception for EU legislator to expressly include audio- quotation should expressly include audio- visual quotations in the existing quotation visual quotations in its scope; exception in order to enable the use of quotations in new media formats; these quotations should be adequate in terms of length in relation to the type of source material;

Or. en

Amendment 390 Constance Le Grip, Marc Joulaud, Sabine Verheyen

Motion for a resolution Paragraph 14

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Motion for a resolution Amendment

14. Urges the European legislator to ensure 14. Urges the European legislator to ensure the technological neutrality and future- the technological neutrality and future- compatibility of exceptions and limitations compatibility of exceptions and limitations by taking due account of the effects of by taking due account of the effects of media convergence; considers, in media convergence; particular, that the exception for quotation should expressly include audio- visual quotations in its scope;

Or. fr

Amendment 391 Julia Reda, Victor Negrescu, Josef Weidenholzer

Motion for a resolution Paragraph 14

Motion for a resolution Amendment

14. Urges the European legislator to ensure 14. Urges the European legislator to ensure the technological neutrality and future- technological neutrality and future- compatibility of exceptions and limitations compatibility of exceptions and limitations by taking due account of the effects of by taking due account of the effects of media convergence; considers, in media convergence; therefore calls on the particular, that the exception for EU legislator to expressly include audio- quotation should expressly include audio- visual quotations in the existing quotation visual quotations in its scope; exception in order to enable the use of quotations in new media formats; these quotations should be adequate in terms of length in relation to the type of source material;

Or. en

Amendment 392 Therese Comodini Cachia, Eva Paunova, Jean-Marie Cavada, Constance Le Grip, Rosa Estaràs Ferragut, József Szájer, Giovanni Toti, Luis de Grandes Pascual, Milan Zver, Sabine Verheyen

Motion for a resolution Paragraph 14

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Motion for a resolution Amendment

14. Urges the European legislator to ensure 14. Urges the European legislator to ensure the technological neutrality and future- the technological neutrality and future- compatibility of exceptions and limitations compatibility of exceptions and limitations by taking due account of the effects of while serving the public interest by media convergence; considers, in fostering incentives to create, finance and particular, that the exception for distribute new works and to make those quotation should expressly include audio- works available to the public in new, visual quotations in its scope; innovative and compelling ways;

Or. en

Amendment 393 Mary Honeyball, Silvia Costa

Motion for a resolution Paragraph 14

Motion for a resolution Amendment

14. Urges the European legislator to ensure 14. Urges the European legislator to ensure the technological neutrality and future- the technological neutrality and future- compatibility of exceptions and limitations compatibility of exceptions and limitations by taking due account of the effects of while fostering incentives to create, media convergence; considers, in finance and distribute new works and to particular, that the exception for make those works available to the public quotation should expressly include audio- in new, innovative and compelling ways; visual quotations in its scope;

Or. en

Amendment 394 Jean-Marie Cavada, Therese Comodini Cachia

Motion for a resolution Paragraph 14

Motion for a resolution Amendment

14. Urges the European legislator to ensure 14. Urges the European legislator to ensure the technological neutrality and future- the technological neutrality and future- compatibility of exceptions and limitations compatibility of exceptions and limitations

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by taking due account of the effects of by taking due account of the effects of media convergence; considers, in media convergence; particular, that the exception for quotation should expressly include audio- visual quotations in its scope;

Or. fr

Amendment 395 Lidia Joanna Geringer de Oedenberg

Motion for a resolution Paragraph 14

Motion for a resolution Amendment

14. Urges the European legislator to ensure 14. Urges the European legislator to ensure the technological neutrality and future- the technological neutrality and future- compatibility of exceptions and limitations compatibility of exceptions and limitations by taking due account of the effects of by taking due account of the effects of media convergence; considers, in media convergence; considers, in particular, that the exception for quotation particular, that the exception for quotation should expressly include audio-visual should expressly include all content, quotations in its scope; including audio-visual quotations in its scope;

Or. pl

Amendment 396 Enrico Gasbarra

Motion for a resolution Paragraph 14 a (new)

Motion for a resolution Amendment

14a. Notes with interest the recent United States regulations regarding net neutrality, just launched by the US Federal Communications Commission; calls on the Commission to assess what inspiration it can draw from these new rules in the context of the revision of Directive 2001/29;

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Or. it

Amendment 397 Marie-Christine Boutonnet

Motion for a resolution Paragraph 15

Motion for a resolution Amendment

15. Stresses that the ability to freely link deleted from one resource to another is one of the fundamental building blocks of the internet; calls on the EU legislator to make it clear that reference to works by means of a hyperlink is not subject to exclusive rights, as it does not consist in a communication to a new public12; ______12 Order of the Court of Justice of 21 October 2014 in Case C-348/13, BestWater International GmbH v Michael Mebes and Stefan Potsch (request for a preliminary ruling from Germany’s Bundesgerichtshof).

Or. fr

Amendment 398 Constance Le Grip

Motion for a resolution Paragraph 15

Motion for a resolution Amendment

15. Stresses that the ability to freely link 15. Stresses that the ability to link from one from one resource to another is one of the resource to another, particularly by means fundamental building blocks of the of a hyperlink, is one of the fundamental internet; calls on the EU legislator to building blocks of the internet, and recalls make it clear that reference to works by that these hyperlinks may lead either to means of a hyperlink is not subject to protected works or to content which is free exclusive rights, as it does not consist in a of rights;

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communication to a new public12; ______12 Order of the Court of Justice of 21 October 2014 in Case C-348/13, BestWater International GmbH v Michael Mebes and Stefan Potsch (request for a preliminary ruling from Germany’s Bundesgerichtshof).

Or. fr

Amendment 399 Juan Fernando López Aguilar, Sergio Gutiérrez Prieto, Eider Gardiazabal Rubial, José Blanco López

Motion for a resolution Paragraph 15

Motion for a resolution Amendment

15. Stresses that the ability to freely link 15. Stresses that the ability to freely link from one resource to another is one of the one resource to another is one of the fundamental building blocks of the fundamental building blocks of the internet; calls on the EU legislator to make internet; calls on the EU legislator to it clear that reference to works by means provide clarification on cases in which the of a hyperlink is not subject to exclusive establishment of links does not constitute rights, as it does not consist in a an act of communication to the original communication to a new public12; public in line with the judgment of the Court of Justice in C-466/12 of 13 February 2014, the Svensson case; ______12 Order of the Court of Justice of 21 12 Order of the Court of Justice of 21 October 2014 in Case C-348/13, BestWater October 2014 in Case C-348/13, BestWater International GmbH v Michael Mebes and International GmbH v Michael Mebes and Stefan Potsch (request for a preliminary Stefan Potsch (request for a preliminary ruling from Germany’s ruling from Germany’s Bundesgerichtshof). Bundesgerichtshof).

Or. es

Amendment 400 József Szájer

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Motion for a resolution Paragraph 15

Motion for a resolution Amendment

15. Stresses that the ability to freely link 15. Notes that the ability to link from one from one resource to another is one of the resource to another is one of the fundamental building blocks of the fundamental building blocks of the internet internet; calls on the EU legislator to and underlines that any further make it clear that reference to works by legislation must accurately reflect the means of a hyperlink is not subject to existing definitions and principles set in exclusive rights, as it does not consist in a the European case law, stating that when communication to a new public12 ; the hyperlink allows the recipients to circumvent the restrictions on access to the protected work, so that can access the protected work, which was otherwise unavailable to them, then this constitutes a communication to a new public and it is subject to exclusive rights; ______12 Order of the Court of Justice of 21 12 Order of the Court of Justice of 21 October 2014 in Case C-348/13, BestWater October 2014 in Case C-348/13, BestWater International GmbH v Michael Mebes and International GmbH v Michael Mebes and Stefan Potsch (request for a preliminary Stefan Potsch (request for a preliminary ruling from Germany’s ruling from Germany’s Bundesgerichtshof). Bundesgerichtshof).

Or. en

Amendment 401 Jean-Marie Cavada

Motion for a resolution Paragraph 15

Motion for a resolution Amendment

15. Stresses that the ability to freely link 15. Stresses that the ability to link from one from one resource to another is one of the resource to another by means of a fundamental building blocks of the hyperlink is indeed one of the fundamental internet; calls on the EU legislator to building blocks of the internet, but that, in make it clear that reference to works by certain cases, the link and the means of a hyperlink is not subject to incorporation may be regarded as a exclusive rights, as it does not consist in a communication to a new public and, by

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communication to a new public12; virtue of that very fact, constitute a breach of copyright; ______12 Order of the Court of Justice of 21 October 2014 in Case C-348/13, BestWater International GmbH v Michael Mebes and Stefan Potsch (request for a preliminary ruling from Germany’s Bundesgerichtshof).

Or. fr

Amendment 402 Angelika Niebler

Motion for a resolution Paragraph 15

Motion for a resolution Amendment

15. Stresses that the ability to freely link 15. Stresses that the ability to freely link from one resource to another is one of the from one resource to another and the fundamental building blocks of the protection of intellectual property are internet; calls on the EU legislator to among the fundamental building blocks of make it clear that reference to works by the internet; notes that the Court of Justice means of a hyperlink is not subject to of the European Union has established a exclusive rights, as it does not consist in a fair balance on the basis of Directive communication to a new public12; 2001/29/EC12; ______12 Order of the Court of Justice of 21 12 Order of the Court of Justice of 21 October 2014 in Case C-348/13, BestWater October 2014 in Case C-348/13, BestWater International GmbH v Michael Mebes and International GmbH v Michael Mebes and Stefan Potsch (request for a preliminary Stefan Potsch (request for a preliminary ruling from Germany’s ruling from Germany’s Bundesgerichtshof). Bundesgerichtshof).

Or. de

Amendment 403 Mary Honeyball

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Motion for a resolution Paragraph 15

Motion for a resolution Amendment

15. Stresses that the ability to freely link 15. Stresses that the ability to freely link from one resource to another is one of the from one resource to another is an fundamental building blocks of the important feature of the internet, but internet; calls on the EU legislator to stresses that under certain circumstances, make it clear that reference to works by embedding and linking may be prejudicial means of a hyperlink is not subject to to the rights of the creator; further exclusive rights, as it does not consist in a stresses the need to accurately reflect the communication to a new public12 ; existing definitions and principles set out in European case law; ______12 Order of the Court of Justice of 21 12 Order of the Court of Justice of 21 October 2014 in Case C-348/13, BestWater October 2014 in Case C-348/13, BestWater International GmbH v Michael Mebes and International GmbH v Michael Mebes and Stefan Potsch (request for a preliminary Stefan Potsch (request for a preliminary ruling from Germany’s ruling from Germany’s Bundesgerichtshof). Bundesgerichtshof).

Or. en

Amendment 404 Axel Voss

Motion for a resolution Paragraph 15

Motion for a resolution Amendment

15. Stresses that the ability to freely link 15. Notes that the ability to link from one from one resource to another is one of the resource to another is a feature of internet fundamental building blocks of the use and stresses that hyperlinks must be internet; calls on the EU legislator to used in accordance with the relevant make it clear that reference to works by European case law, i.e. they must not be means of a hyperlink is not subject to used to circumvent restrictions on access exclusive rights, as it does not consist in a to a work that was originally protected communication to a new public12; and not accessible to users12; ______12 Order of the Court of Justice of 21 12 Order of the Court of Justice of 21 October 2014 in Case C-348/13, BestWater October 2014 in Case C-348/13, BestWater International GmbH v Michael Mebes and International GmbH v Michael Mebes and

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Stefan Potsch (request for a preliminary Stefan Potsch (request for a preliminary ruling from Germany’s ruling from Germany’s Bundesgerichtshof). Bundesgerichtshof). See also: Judgment of the Court of Justice of 13 February 2014 in Case 466/12, Svensson.

Or. de

Amendment 405 Angel Dzhambazki, Sajjad Karim

Motion for a resolution Paragraph 15

Motion for a resolution Amendment

15. Stresses that the ability to freely link 15. Notes that the ability to freely link from one resource to another is one of the content lawfully made available from one fundamental building blocks of the resource to another is one of the internet; calls on the EU legislator to make fundamental building blocks of the it clear that reference to works by means of internet; highlights the importance of a hyperlink is not subject to exclusive enhanced user information rights, as it does not consist in a regarding obligations for anyone who communication to a new public12 ; knowingly provides hyperlinks to unauthorised content or links that circumvent paywalls; calls on the EU legislator to make it clear that reference to works by means of a hyperlink is not subject to exclusive rights, as it does not consist in a communication to a new public12; ______12 Order of the Court of Justice of 21 12 Order of the Court of Justice of 21 October 2014 in Case C-348/13, BestWater October 2014 in Case C-348/13, BestWater International GmbH v Michael Mebes and International GmbH v Michael Mebes and Stefan Potsch (request for a preliminary Stefan Potsch (request for a preliminary ruling from Germany’s ruling from Germany’s Bundesgerichtshof). Bundesgerichtshof).

Or. en

Amendment 406 Cecilia Wikström

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Motion for a resolution Paragraph 15

Motion for a resolution Amendment

15. Stresses that the ability to freely link 15. Stresses that the ability to freely link from one resource to another is one of the from one resource to another is one of the fundamental building blocks of the fundamental building blocks of the free internet; calls on the EU legislator to make and open internet; calls on the EU it clear that reference to works by means of legislator to further clarify that reference a hyperlink is not subject to exclusive to works by means of a hyperlink is not rights, as it does not consist in a subject to exclusive rights, as it does not communication to a new public12 ; consist in a communication to a new public12; ______12 Order of the Court of Justice of 21 12 Order of the Court of Justice of 21 October 2014 in Case C-348/13, BestWater October 2014 in Case C-348/13, BestWater International GmbH v Michael Mebes and International GmbH v Michael Mebes and Stefan Potsch (request for a preliminary Stefan Potsch (request for a preliminary ruling from Germany’s ruling from Germany’s Bundesgerichtshof). Bundesgerichtshof).

Or. en

Amendment 407 Therese Comodini Cachia, Pavel Svoboda, Marc Joulaud, Constance Le Grip, József Szájer, Giovanni Toti, Rosa Estaràs Ferragut, Luis de Grandes Pascual, Milan Zver, Sabine Verheyen

Motion for a resolution Paragraph 15

Motion for a resolution Amendment

15. Stresses that the ability to freely link 15. Notes that the ability to link from one from one resource to another is one of the resource to another is one of the fundamental building blocks of the fundamental building blocks of the internet internet; calls on the EU legislator to and underlines that any further make it clear that reference to works by legislation must accurately reflect the means of a hyperlink is not subject to existing definitions and principles set in exclusive rights, as it does not consist in a the European case law stating that when communication to a new public12 ; the hyperlink allows the recipients to circumvent the restrictions on access to the protected work so that can access the

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protected work which was otherwise unavailable to them, then this constitutes a communication to a new public and it is subject to exclusive rights. ______12 Order of the Court of Justice of 21 12 October 2014 in Case C-348/13, BestWater International GmbH v Michael Mebes and Stefan Potsch (request for a preliminary ruling from Germany’s Bundesgerichtshof).

Or. en

Amendment 408 Enrico Gasbarra, Silvia Costa

Motion for a resolution Paragraph 15

Motion for a resolution Amendment

15. Stresses that the ability to freely link 15. Stresses that the ability to freely link from one resource to another is one of the from one resource to another is one of the fundamental building blocks of the fundamental building blocks of the internet; calls on the EU legislator to make internet; calls on the EU legislator to it clear that reference to works by means clarify the status of works that can be of a hyperlink is not subject to exclusive accessed through a hyperlink, also by rights, as it does not consist in a taking account of recent Court of Justice communication to a new public12; case law; ______12 Order of the Court of Justice of 21 12 Order of the Court of Justice of 21 October 2014 in Case C-348/13, BestWater October 2014 in Case C-348/13, BestWater International GmbH v Michael Mebes and International GmbH v Michael Mebes and Stefan Potsch (request for a preliminary Stefan Potsch (request for a preliminary ruling from Germany’s ruling from Germany’s Bundesgerichtshof). Bundesgerichtshof).

Or. it

Amendment 409 Virginie Rozière, Mady Delvaux

PE549.469v01-00 64/131 AM\1052463EN.doc EN

Motion for a resolution Paragraph 15

Motion for a resolution Amendment

15. Stresses that the ability to freely link 15. Stresses that the ability to freely link from one resource to another is one of the from one resource to another is one of the fundamental building blocks of the fundamental building blocks of the internet; calls on the EU legislator to make internet; calls on the EU legislator to it clear that reference to works by means of incorporate the case-law of the Court of a hyperlink is not subject to exclusive Justice into its positive law so that rights, as it does not consist in a reference to works by means of a hyperlink communication to a new public12; is not subject to exclusive rights, as it does not consist in a communication to a new public12; observes that this option must be strictly limited to links which lead to freely available content; observes that the online intermediaries liability regime applicable to links to illicit content should be tightened up, particularly by revising the e-commerce directive; ______12 Order of the Court of Justice of 21 12 Order of the Court of Justice of 21 October 2014 in Case C-348/13, BestWater October 2014 in Case C-348/13, BestWater International GmbH v Michael Mebes and International GmbH v Michael Mebes and Stefan Potsch (request for a preliminary Stefan Potsch (request for a preliminary ruling from Germany’s ruling from Germany’s Bundesgerichtshof). Bundesgerichtshof).

Or. fr

Amendment 410 Julia Reda, Josef Weidenholzer

Motion for a resolution Paragraph 15

Motion for a resolution Amendment

15. Stresses that the ability to freely link 15. Stresses that the ability to freely link from one resource to another is one of the from one resource to another is one of the fundamental building blocks of the fundamental building blocks of the internet; calls on the EU legislator to make Internet; calls on the EU legislator to it clear that reference to works by means of clarify that reference to works by means of

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a hyperlink is not subject to exclusive a hyperlink is not subject to exclusive rights, as it does not consist in a rights, as it does not consist in a communication to a new public12 ; communication to the public; ______12 Order of the Court of Justice of 21 12 Order of the Court of Justice of 21 October 2014 in Case C-348/13, BestWater October 2014 in Case C-348/13, BestWater International GmbH v Michael Mebes and International GmbH v Michael Mebes and Stefan Potsch (request for a preliminary Stefan Potsch (request for a preliminary ruling from Germany’s ruling from Germany’s Bundesgerichtshof). Bundesgerichtshof).

Or. en

Amendment 411 Christian Ehler, Sabine Verheyen, Marc Joulaud

Motion for a resolution Paragraph 15 a (new)

Motion for a resolution Amendment

15a. Suggests a review of the liability of service providers and intermediaries in order to clarify their legal status and liability with regards to copyrights, to guarantee that due diligence is exercised throughout the creative process and supply chain, and to ensure a fair remuneration for creators and rightholders within the European Union.

Or. en

Amendment 412 Marietje Schaake

Motion for a resolution Paragraph 15 b (new)

Motion for a resolution Amendment

15b. Calls for an end to geoblocking, as it prevents the emergence of a single digital

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market and hinders citizens access to information for which they have already paid taxes;

Or. en

Amendment 413 Marie-Christine Boutonnet

Motion for a resolution Paragraph 16

Motion for a resolution Amendment

16. Calls on the EU legislator to ensure 16. Notes that the mere presence of a that the use of photographs, video footage work in the public domain does not or other images of works which are deprive the author of his rights; permanently located in public places is permitted;

Or. fr

Amendment 414 Ivan Jakovčić

Motion for a resolution Paragraph 16

Motion for a resolution Amendment

16. Calls on the EU legislator to ensure that 16. Calls on the EU legislator to ensure that the use of photographs, video footage or this initiative on copyright makes for other images of works which are wider understanding of artistry and permanently located in public places is creativity and their importance for the permitted; development of society and to prevent the parasitic development of new commercial interests at the expense of authors and their rights;

Or. hr

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Amendment 415 József Szájer

Motion for a resolution Paragraph 16

Motion for a resolution Amendment

16. Calls on the EU legislator to ensure 16. Invites the EU legislator to recognise that the use of photographs, video footage that the use of photographs, video footage or other images of works which are or other images of works, which are permanently located in public places is permanently located in public places shall permitted; be considered to be in the public domain, where that use is for a non-commercial purpose or scale;

Or. en

Amendment 416 Constance Le Grip

Motion for a resolution Paragraph 16

Motion for a resolution Amendment

16. Calls on the EU legislator to ensure 16. Stresses that the commercial use of that the use of photographs, video footage photographs, video footage or other images or other images of works which are of works which are permanently located in permanently located in public places is public places should always be subject to permitted; prior authorisation from the authors or their authors’ society;

Or. fr

Amendment 417 Axel Voss

Motion for a resolution Paragraph 16

Motion for a resolution Amendment

16. Calls on the EU legislator to ensure 16. Acknowledges that the use of

PE549.469v01-00 68/131 AM\1052463EN.doc EN that the use of photographs, video footage photographs, video footage or other images or other images of works which are of works considered to be in the public permanently located in public places is domain which are permanently located in permitted; public places is permitted for non- commercial purposes;

Or. de

Amendment 418 Angel Dzhambazki, Sajjad Karim

Motion for a resolution Paragraph 16

Motion for a resolution Amendment

16. Calls on the EU legislator to ensure 16. Calls for the Commission to report on that the use of photographs, video footage the implementation of the Directive with or other images of works which are regard to progress on increasing permanently located in public places is awareness for consumers regarding permitted; exceptions and limitations, in particular with regard to differences across the EU, including use of photographs, video footage or other images of works which are permanently located in public places;

Or. en

Amendment 419 Cecilia Wikström

Motion for a resolution Paragraph 16

Motion for a resolution Amendment

16. Calls on the EU legislator to ensure 16. Calls on the Commission to propose in that the use of photographs, video footage the review of Directive 2001/29/EC that or other images of works which are the use of photographs, video footage or permanently located in public places is other images of works which are permitted; permanently located in public places shall be permitted;

Or. en

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Amendment 420 Tonino Picula

Motion for a resolution Paragraph 16

Motion for a resolution Amendment

16. Calls on the EU legislator to ensure that 16. Calls on the EU legislator to ensure that the use of photographs, video footage or the use of photographs, video footage or other images of works which are other images of works which are permanently located in public places is permanently located in public places is permitted; permitted and that this initiative on copyright makes for wider understanding of artistry and creativity and their importance for the development of society, and to regulate the development of new commercial interests posing a threat to copyright;

Or. hr

Amendment 421 Jean-Marie Cavada

Motion for a resolution Paragraph 16

Motion for a resolution Amendment

16. Calls on the EU legislator to ensure 16. Considers that the commercial use of that the use of photographs, video footage photographs, video footage or other images or other images of works which are of works which are permanently located in permanently located in public places is physical public places should always be permitted; subject to prior authorisation from the authors or any proxy acting for them;

Or. fr

Amendment 422 Therese Comodini Cachia, Marc Joulaud, Constance Le Grip, Luis de Grandes Pascual, Rosa Estaràs Ferragut, Giovanni Toti, József Szájer, Milan Zver, Sabine Verheyen

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Motion for a resolution Paragraph 16

Motion for a resolution Amendment

16. Calls on the EU legislator to ensure 16. Invites the EU legislator to recognise that the use of photographs, video footage that the use of photographs, video footage or other images of works which are or other images of works which are permanently located in public places is permanently located in public places is permitted; permitted shall considered to be in the public domain, where that use is for a non-commercial purpose or scale.

Or. en

Amendment 423 Mary Honeyball

Motion for a resolution Paragraph 16

Motion for a resolution Amendment

16. Calls on the EU legislator to ensure 16. Invites the EU legislator to recognise that the use of photographs, video footage that the use of photographs, video footage or other images of works which are or other images of works which are permanently located in public places is permanently located in physical public permitted; places is permitted and should be considered to be in the public domain, where that use is for a non-commercial purpose or scale;

Or. en

Amendment 424 Angelika Niebler

Motion for a resolution Paragraph 16

Motion for a resolution Amendment

16. Calls on the EU legislator to ensure that 16. Calls on the EU legislator to ensure that

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the use of photographs, video footage or the use of photographs, video footage or other images of works which are other images of works which are permanently located in public places is permanently located in public places is permitted; permitted, unless this material is itself already protected by copyright;

Or. de

Amendment 425 Inês Cristina Zuber

Motion for a resolution Paragraph 16

Motion for a resolution Amendment

16. Calls on the EU legislator to ensure that 16. Calls on the EU legislator to ensure that the use of photographs, video footage or the use of photographs, video footage or other images of works which are other images of works which are permanently located in public places is permanently located in public places is permitted; permitted for non-commercial purposes;

Or. pt

Amendment 426 Virginie Rozière, Mady Delvaux

Motion for a resolution Paragraph 16

Motion for a resolution Amendment

16. Calls on the EU legislator to ensure that 16. Calls on the EU legislator to ensure that the use of photographs, video footage or the non-commercial use of photographs, other images of works which are video footage or other images of works permanently located in public places is which are permanently located in public permitted; places is permitted;

Or. fr

Amendment 427 Julia Reda

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Motion for a resolution Paragraph 16

Motion for a resolution Amendment

16. Calls on the EU legislator to ensure that 16. Calls on the EU legislator to ensure that the use of photographs, video footage or the use of photographs, video footage or other images of works which are other images of works which are permanently located in public places is permanently located in public places is permitted; permitted, as a mandatory exception;

Or. en

Amendment 428 Lidia Joanna Geringer de Oedenberg

Motion for a resolution Paragraph 16

Motion for a resolution Amendment

16. Calls on the EU legislator to ensure that 16. Calls on the EU legislator to ensure that the use of photographs, video footage or the use of photographs, video footage or other images of works which are other images of any objects which are permanently located in public places is permanently located in public places is permitted; permitted;

Or. pl

Amendment 429 Ivan Jakovčić

Motion for a resolution Paragraph 16 a (new)

Motion for a resolution Amendment

16a. Maintains that the development of the digital market is impossible unless creative and cultural industries are developed alongside it;

Or. hr

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Amendment 430 Virginie Rozière

Motion for a resolution Paragraph 16 b (new)

Motion for a resolution Amendment

16b. Calls on Member States to consider incorporating into their national law the ‘panorama’ exception to the extent that works permanently located in public places are produced by the public sector;

Or. fr

Amendment 431 Jean-Marie Cavada

Motion for a resolution Paragraph 17

Motion for a resolution Amendment

17. Emphasises that the exception for deleted caricature, parody and pastiche should apply regardless of the purpose of the parodic use;

Or. fr

Amendment 432 Constance Le Grip

Motion for a resolution Paragraph 17

Motion for a resolution Amendment

17. Emphasises that the exception for deleted caricature, parody and pastiche should apply regardless of the purpose of the

PE549.469v01-00 74/131 AM\1052463EN.doc EN parodic use;

Or. fr

Amendment 433 Enrico Gasbarra

Motion for a resolution Paragraph 17

Motion for a resolution Amendment

17. Emphasises that the exception for deleted caricature, parody and pastiche should apply regardless of the purpose of the parodic use;

Or. it

Amendment 434 Julia Reda, Josef Weidenholzer

Motion for a resolution Paragraph 17

Motion for a resolution Amendment

17. Emphasises that the exception for 17. Highlights the importance of the caricature, parody and pastiche should exception for caricature, parody and apply regardless of the purpose of the pastiche for the protection of authors' parodic use; freedom of expression, which should therefore be made mandatory; notes with concern the implication of the Deckmyn ruling (C-201/13) that rightholders other than the author of a work can claim moral rights, and therefore calls on the legislator to clarify that moral rights are rights of the author of a work, that cannot be transferred to third-party rightholders;

Or. en

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Amendment 435 József Szájer

Motion for a resolution Paragraph 17

Motion for a resolution Amendment

17. Emphasises that the exception for 17. Emphasises that the existing limitation caricature, parody and pastiche should on the exception for caricature, parody and apply regardless of the purpose of the pastiche must be kept to strike a fair parodic use; balance between the interests and rights of the creators and original characters and the freedom of expression of the user of a protected work who is relying on the exception for parody, and to avoid uncontrolled abuse;

Or. en

Amendment 436 Virginie Rozière

Motion for a resolution Paragraph 17

Motion for a resolution Amendment

17. Emphasises that the exception for 17. Emphasises the importance of the caricature, parody and pastiche should exception for caricature, parody and apply regardless of the purpose of the pastiche as a factor in the vitality of parodic use; democratic debate;

Or. fr

Amendment 437 Angelika Niebler

Motion for a resolution Paragraph 17

Motion for a resolution Amendment

17. Emphasises that the exception for 17. Emphasises that existing exceptions for

PE549.469v01-00 76/131 AM\1052463EN.doc EN caricature, parody and pastiche should caricature, parody and pastiche have apply regardless of the purpose of the allowed a fair balance to be struck parodic use; between the interests of rightholders and users;

Or. de

Amendment 438 Axel Voss

Motion for a resolution Paragraph 17

Motion for a resolution Amendment

17. Emphasises that the exception for 17. Emphasises that the existing exception caricature, parody and pastiche should for caricature, parody and pastiche must be apply regardless of the purpose of the maintained in order to ensure a fair parodic use; balance between the interests of rightholders on the one hand and the freedom of opinion of users on the other;

Or. de

Amendment 439 Therese Comodini Cachia, Mary Honeyball, Marc Joulaud, Luis de Grandes Pascual, Rosa Estaràs Ferragut, Giovanni Toti, József Szájer, Milan Zver, Sabine Verheyen

Motion for a resolution Paragraph 17

Motion for a resolution Amendment

17. Emphasises that the exception for 17. Emphasises that the existing limitation caricature, parody and pastiche should on the exception for caricature, parody and apply regardless of the purpose of the pastiche must be kept to strike a fair parodic use; balance between the interests and rights of the creators and original characters and the freedom of expression of the user of a protected work who is relying on the exception for parody, and to avoid uncontrolled abuse12 a ; ______

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12 a Order of the Court of Justice of 3 September 2014 in Case C-201/13 (J. Deckmyn)

Or. en

Amendment 440 Mary Honeyball

Motion for a resolution Paragraph 17

Motion for a resolution Amendment

17. Emphasises that the exception for 17. Emphasises that the existing limitation caricature, parody and pastiche should on the exception for caricature, parody and apply regardless of the purpose of the pastiche must be kept to strike a fair parodic use; balance between the interests and rights of the creators and original characters and the freedom of expression of the user of a protected work who is relying on the exception for parody, and to avoid uncontrolled abuse;

Or. en

Amendment 441 Constance Le Grip, Marc Joulaud, Sabine Verheyen

Motion for a resolution Paragraph 18

Motion for a resolution Amendment

18. Stresses the need to enable automated 18. Encourages solutions such as the analytical techniques for text and data licensing model for text and data mining (e.g. ‘text and data mining’) for all for scientific research purposes; purposes, provided that permission to read the work has been acquired;

Or. fr

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Amendment 442 József Szájer

Motion for a resolution Paragraph 18

Motion for a resolution Amendment

18. Stresses the need to enable automated 18. Invites the Commission to assess analytical techniques for text and data whether data analysis activities could be (e.g. ‘text and data mining’) for all covered by the exception for scientific purposes, provided that permission to read research contained in Article 5.3.a) of the work has been acquired; the current Directive, which provides for an exception to the right of reproduction, (Article 2) when the protected work is used, and whether it enables automated analytical techniques for text and data, provided that permission to read the work has been acquired;

Or. en

Amendment 443 Therese Comodini Cachia, Pavel Svoboda, Mary Honeyball, Rosa Estaràs Ferragut, Luis de Grandes Pascual, Giovanni Toti, József Szájer, Sabine Verheyen

Motion for a resolution Paragraph 18

Motion for a resolution Amendment

18. Stresses the need to enable automated 18. Invites the Commission to assess analytical techniques for text and data whether data analysis activities could be (e.g. ‘text and data mining’) for all covered by the exception for scientific purposes, provided that permission to read research contained in Article 5.3.a) of the work has been acquired; the current Directive, which provides for an exception to the right of reproduction (Article 2) when the protected work is used, and whether it enables automated analytical techniques for text and data, provided that permission to read the work has been acquired;

Or. en

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Amendment 444 Axel Voss

Motion for a resolution Paragraph 18

Motion for a resolution Amendment

18. Stresses the need to enable automated 18. Welcomes the fact that Member States analytical techniques for text and data (e.g. may, on a voluntary basis and subject to ‘text and data mining’) for all purposes, licensing, enable automated analytical provided that permission to read the work techniques for text and data (e.g. ‘text and has been acquired; data mining’), provided that permission to read the work has been acquired;

Or. de

Amendment 445 Angel Dzhambazki, Sajjad Karim

Motion for a resolution Paragraph 18

Motion for a resolution Amendment

18. Stresses the need to enable automated 18. Stresses the need to facilitate formats analytical techniques for text and data for text and data (e.g. ‘text and data (e.g. ‘text and data mining’) for all mining’) for research purposes, while purposes, provided that permission to read recognising the investment that this the work has been acquired; requires by rightholders; highlights that exceptions for text and data should not facilitate the publication or sharing of copies made under the exception;

Or. en

Amendment 446 Angelika Niebler

Motion for a resolution Paragraph 18

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Motion for a resolution Amendment

18. Stresses the need to enable automated 18. Stresses the need to enable automated analytical techniques for text and data (e.g. analytical techniques for text and data (e.g. ‘text and data mining’) for all purposes, ‘text and data mining’) through licensing provided that permission to read the work agreements; has been acquired;

Or. de

Amendment 447 Laura Ferrara

Motion for a resolution Paragraph 18

Motion for a resolution Amendment

18. Stresses the need to enable automated 18. Stresses the need to enable automated analytical techniques for text and data (e.g. analytical techniques for text and data (e.g. ‘text and data mining’) for all purposes, ‘text and data mining’) for all purposes, provided that permission to read the work provided that permission to use the work has been acquired; has been acquired;

Or. it

Amendment 448 Virginie Rozière, Mady Delvaux

Motion for a resolution Paragraph 18

Motion for a resolution Amendment

18. Stresses the need to enable automated 18. Stresses the need to enable automated analytical techniques for text and data (e.g. analytical techniques for text and data (e.g. ‘text and data mining’) for all purposes, ‘text and data mining’) for purposes which provided that permission to read the work are not directly commercial, provided that has been acquired; permission to read the work has been acquired;

Or. fr

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Amendment 449 Jean-Marie Cavada

Motion for a resolution Paragraph 18

Motion for a resolution Amendment

18. Stresses the need to enable automated 18. Stresses the need to enable automated analytical techniques for text and data (e.g. analytical techniques for text and data (e.g. ‘text and data mining’) for all purposes, ‘text and data mining’), provided that provided that permission to read the work permission to read the work has been has been acquired; acquired and that the rightholders have been remunerated;

Or. fr

Amendment 450 Julia Reda

Motion for a resolution Paragraph 18

Motion for a resolution Amendment

18. Stresses the need to enable automated 18. Stresses the need to enable automated analytical techniques for text and data (e.g. analytical techniques for text and data (e.g. ‘text and data mining’) for all purposes, ‘text and data mining’) for all purposes, provided that permission to read the work provided that permission to read the work has been acquired; has been acquired, as a mandatory exception;

Or. en

Amendment 451 Tonino Picula

Motion for a resolution Paragraph 18 a (new)

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Motion for a resolution Amendment

18a. Maintains that the development of the digital market is closely linked to, and has to go hand in hand with, the development of creative and cultural industries, this being the only way to achieve lasting prosperity;

Or. hr

Amendment 452 Christian Ehler, Sabine Verheyen, Marc Joulaud

Motion for a resolution Paragraph 18 b (new)

Motion for a resolution Amendment

18b. Acknowledges that Text and data Mining is an emerging and promising practice, in particular for the research field, recalls that innovative licensing solutions are established, but that any preferential treatment should only be applied for non-commercial use.

Or. en

Amendment 453 Angelika Niebler

Motion for a resolution Paragraph 19

Motion for a resolution Amendment

19. Calls for a broad exception for delete research and education purposes, which should cover not only educational establishments but any kind of educational or research activity, including non-formal education;

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Or. de

Amendment 454 Cecilia Wikström

Motion for a resolution Paragraph 19

Motion for a resolution Amendment

19. Calls for a broad exception for deleted research and education purposes, which should cover not only educational establishments but any kind of educational or research activity, including non-formal education;

Or. en

Amendment 455 Jytte Guteland

Motion for a resolution Paragraph 19

Motion for a resolution Amendment

19. Calls for a broad exception for deleted research and education purposes, which should cover not only educational establishments but any kind of educational or research activity, including non-formal education;

Or. sv

Amendment 456 Constance Le Grip

Motion for a resolution Paragraph 19

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Motion for a resolution Amendment

19. Calls for a broad exception for 19. Stresses the need for a sound research and education purposes, which economic and legal analysis of the use of should cover not only educational protected works in education and establishments but any kind of research, and considers that any fresh educational or research activity, including exception to, or restriction of, copyright non-formal education; should be studied in depth;

Or. fr

Amendment 457 Juan Fernando López Aguilar, Sergio Gutiérrez Prieto, Eider Gardiazabal Rubial, José Blanco López

Motion for a resolution Paragraph 19

Motion for a resolution Amendment

19. Calls for a broad exception for research 19. Calls for a broad exception for research and education purposes, which should and education purposes, which should cover not only educational establishments cover not only educational establishments but any kind of educational or research but any kind of educational or research activity, including non-formal education; activity run under the aegis of educational programmes or institutions;

Or. es

Amendment 458 József Szájer

Motion for a resolution Paragraph 19

Motion for a resolution Amendment

19. Calls for a broad exception for research 19. Calls for a broad exception for research and education purposes, which should and education purposes, which should cover not only educational establishments cover not only educational establishments but any kind of educational or research but also educational or research activities activity, including non-formal education; linked to an educational establishment or institution recognised by national

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authorities or legislation or within the purview of an educational programme;

Or. en

Amendment 459 Virginie Rozière

Motion for a resolution Paragraph 19

Motion for a resolution Amendment

19. Calls for a broad exception for 19. Calls on the Commission to consider research and education purposes, which making the exception for research and should cover not only educational education purposes compulsory, and establishments but any kind of observes that this exception should be educational or research activity, including strictly defined; non-formal education;

Or. fr

Amendment 460 Axel Voss

Motion for a resolution Paragraph 19

Motion for a resolution Amendment

19. Calls for a broad exception for 19. Calls for an exception for research and research and education purposes, which education purposes, which, alongside should cover not only educational educational establishments should also establishments but any kind of educational cover educational and research or research activity, including non-formal programmes; education;

Or. de

Amendment 461 Enrico Gasbarra

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Motion for a resolution Paragraph 19

Motion for a resolution Amendment

19. Calls for a broad exception for 19. Calls for very careful consideration to research and education purposes, which be given to the importance of exceptions should cover not only educational for research and education purposes; notes establishments but any kind of educational with interest, in this regard, the discussion or research activity, including non-formal under way on the drafting of a new education; international treaty governing exceptions for libraries and archives;

Or. it

Amendment 462 Angel Dzhambazki, Sajjad Karim

Motion for a resolution Paragraph 19

Motion for a resolution Amendment

19. Calls for a broad exception for 19. Calls for targeted exceptions for research and education purposes, which research and education purposes; should cover not only educational establishments but any kind of educational or research activity, including non-formal education;

Or. en

Amendment 463 Laura Ferrara

Motion for a resolution Paragraph 19

Motion for a resolution Amendment

19. Calls for a broad exception for research 19. Calls for a broad exception for research and education purposes, which should and education purposes, which should cover not only educational establishments cover not only educational establishments, but any kind of educational or research universities and institutions specialising

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activity, including non-formal education; in high-level artistic, musical and dance training but any kind of educational or research activity, including non-formal education and the digitalisation of cultural traditions and heritage;

Or. it

Amendment 464 Victor Negrescu

Motion for a resolution Paragraph 19

Motion for a resolution Amendment

19. Calls for a broad exception for research 19. Calls for a mandatory exception for and education purposes, which should research and education purposes, which cover not only educational establishments should not only cover educational but any kind of educational or research establishments, but also amateur activity, including non-formal education; educational and research activities conducted by non-governmental organisations outside education institutions as well as digital education, for example in the form of so-called massive open online courses (MOOC), provided that they are not aimed at making a profit;

Or. en

Amendment 465 Marie-Christine Boutonnet

Motion for a resolution Paragraph 19

Motion for a resolution Amendment

19. Calls for a broad exception for research 19. Calls for a broad exception for research and education purposes, which should and education purposes, which should cover not only educational establishments cover not only educational establishments but any kind of educational or research but any kind of educational or research activity, including non-formal education; activity;

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Or. fr

Amendment 466 Sergio Gaetano Cofferati, Lidia Joanna Geringer de Oedenberg

Motion for a resolution Paragraph 19

Motion for a resolution Amendment

19. Calls for a broad exception for research 19. Calls for a broad exception for research and education purposes, which should and education purposes, in the general cover not only educational establishments public interest and in order to promote a but any kind of educational or research virtuous circulation of knowledge; takes activity, including non-formal education; the view that this should cover not only educational establishments but any kind of educational or research activity, including non-formal education;

Or. it

Amendment 467 Lidia Joanna Geringer de Oedenberg

Motion for a resolution Paragraph 19

Motion for a resolution Amendment

19. Calls for a broad exception for research 19. Calls for a broad exception for research and education purposes, which should and education purposes, which should cover not only educational establishments cover not only educational establishments but any kind of educational or research in cross-border use, but any kind of activity, including non-formal education; educational or research activity, including non-formal education;

Or. pl

Amendment 468 Julia Reda, Victor Negrescu, Josef Weidenholzer

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Motion for a resolution Paragraph 19

Motion for a resolution Amendment

19. Calls for a broad exception for research 19. Calls for a mandatory exception for and education purposes, which should research and education purposes, which cover not only educational establishments should not only cover educational but any kind of educational or research establishments, but also amateur activity, including non-formal education; educational and research activities conducted by non-governmental organisations outside education institutions as well as digital education, for example in the form of so-called massive open online courses (MOOC), provided that they are not aimed at making a profit;

Or. en

Amendment 469 Therese Comodini Cachia, Eva Paunova, Jean-Marie Cavada, Mary Honeyball, Luis de Grandes Pascual, József Szájer, Giovanni Toti, Rosa Estaràs Ferragut, Sabine Verheyen

Motion for a resolution Paragraph 19

Motion for a resolution Amendment

19. Calls for a broad exception for research 19. Calls for a broad exception for research and education purposes, which should and education purposes, which should cover not only educational establishments cover not only educational establishments but any kind of educational or research but also educational or research activities activity, including non-formal education; linked to an educational establishment or institution recognised by national authorities or legislation or within the purview of an educational programme;

Or. en

Amendment 470 Inês Cristina Zuber

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Motion for a resolution Paragraph 19

Motion for a resolution Amendment

19. Calls for a broad exception for research 19. Calls for a broad exception for research and education purposes, which should and education purposes, which should cover not only educational establishments cover not only educational establishments but any kind of educational or research but any kind of educational or research activity, including non-formal education; institute, including non-formal education;

Or. pt

Amendment 471 Tadeusz Zwiefka, Bogdan Brunon Wenta

Motion for a resolution Paragraph 19 a (new)

Motion for a resolution Amendment

19a. stresses that any new exceptions or limitations introduced to the EU copyright legal system needs to be duly justified by a sound and objective economic and legal analysis

Or. en

Amendment 472 Constance Le Grip

Motion for a resolution Paragraph 20

Motion for a resolution Amendment

20. Calls for the adoption of a mandatory deleted exception allowing libraries to lend books to the public in digital formats, irrespective of the place of access; (Lending books to the public remotely in digital formats would again favour commercial providers in the digital

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environment, to the detriment of the protection of authors and of the actual content of the works. From the technical point of view too, this raises numerous piracy issues.)

Or. fr

Amendment 473 Cecilia Wikström

Motion for a resolution Paragraph 20

Motion for a resolution Amendment

20. Calls for the adoption of a mandatory deleted exception allowing libraries to lend books to the public in digital formats, irrespective of the place of access;

Or. en

Amendment 474 József Szájer

Motion for a resolution Paragraph 20

Motion for a resolution Amendment

20. Calls for the adoption of a mandatory 20. Recognizes the importance of libraries exception allowing libraries to lend books for access to knowledge and encourages to the public in digital formats, the rightholders to identify appropriate irrespective of the place of access; market-based solutions to enable libraries to realise their potential in the digital environment while respecting the interests of all stakeholders, including consumers;

Or. en

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Amendment 475 Jean-Marie Cavada

Motion for a resolution Paragraph 20

Motion for a resolution Amendment

20. Calls for the adoption of a mandatory 20. Recognises the importance of libraries exception allowing libraries to lend books for access to knowledge; encourages the to the public in digital formats, parties concerned to work out appropriate irrespective of the place of access; solutions to enable libraries to realise their potential in the digital environment, while respecting the interests of rightholders;

Or. fr

Amendment 476 Angel Dzhambazki, Sajjad Karim

Motion for a resolution Paragraph 20

Motion for a resolution Amendment

20. Calls for the adoption of a mandatory 20. Stresses the importance of taking into exception allowing libraries to lend books account the conclusions of the numerous to the public in digital formats, experiments being undertaken by the book irrespective of the place of access; industry to establish fair, balanced and viable business models;

Or. en

Amendment 477 Axel Voss, Christian Ehler

Motion for a resolution Paragraph 20

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Motion for a resolution Amendment

20. Calls for the adoption of a mandatory 20. Recognises the importance of libraries exception allowing libraries to lend books for access to knowledge and calls for to the public in digital formats, appropriate market-based solutions to be irrespective of the place of access; developed that allow libraries to develop their potential in the digital environment while respecting the interests of all stakeholders, including consumers;

Or. de

Amendment 478 Therese Comodini Cachia, Eva Paunova, Pavel Svoboda, Marc Joulaud, Rosa Estaràs Ferragut, Luis de Grandes Pascual, József Szájer, Giovanni Toti, Milan Zver, Sabine Verheyen

Motion for a resolution Paragraph 20

Motion for a resolution Amendment

20. Calls for the adoption of a mandatory 20. Recognizes the importance of libraries exception allowing libraries to lend books for access to knowledge and encourages to the public in digital formats, the rightholders to identify appropriate irrespective of the place of access; market-based solutions to enable libraries to realise their potential in the digital environment while respecting the interests of all stakeholders included consumers;

Or. en

Amendment 479 Mary Honeyball

Motion for a resolution Paragraph 20

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Motion for a resolution Amendment

20. Calls for the adoption of a mandatory 20. Recognises the importance of libraries exception allowing libraries to lend books for access to knowledge and encourages to the public in digital formats, all stakeholders to enable libraries to irrespective of the place of access; realise their potential in the digital environment while respecting the rights of creators;

Or. en

Amendment 480 Angelika Niebler

Motion for a resolution Paragraph 20

Motion for a resolution Amendment

20. Calls for the adoption of a mandatory 20. Emphasises the importance, in the age exception allowing libraries to lend books of digitisation, of licensing agreements in to the public in digital formats, irrespective order to allow libraries to lend books of the place of access; legally to the public in digital formats;

Or. de

Amendment 481 Jiří Maštálka, Kostas Chrysogonos

Motion for a resolution Paragraph 20

Motion for a resolution Amendment

20. Calls for the adoption of a mandatory 20. Calls for the adoption of an exception exception allowing libraries to lend books allowing libraries to lend books to the to the public in digital formats, irrespective public in digital formats, irrespective of the of the place of access; place of access;

Or. en

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Amendment 482 Victor Negrescu

Motion for a resolution Paragraph 20

Motion for a resolution Amendment

20. Calls for the adoption of a mandatory 20. Calls for the adoption of a mandatory exception allowing libraries to lend books exception allowing public and research to the public in digital formats, irrespective libraries to lend books to the public in of the place of access; digital formats for personal use, irrespective of the place of access; recommends that authors should be compensated for e-lending through a statutory licence to the same extent as this is the case for the lending of physical books;

Or. en

Amendment 483 Juan Fernando López Aguilar, Sergio Gutiérrez Prieto, Eider Gardiazabal Rubial, José Blanco López

Motion for a resolution Paragraph 20

Motion for a resolution Amendment

20. Calls for the adoption of a mandatory 20. Calls on the Commission to examine exception allowing libraries to lend books ways for libraries to lend books to the to the public in digital formats, irrespective public in digital formats in compliance of the place of access; with copyright law and guaranteeing a fair remuneration for said rights;

Or. es

Amendment 484 Helga Trüpel, Heidi Hautala

Motion for a resolution Paragraph 20

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Motion for a resolution Amendment

20. Calls for the adoption of a mandatory 20. Calls on the Commission to consider exception allowing libraries to lend books the introduction of an exception allowing to the public in digital formats, irrespective libraries to lend books to the public in of the place of access; digital formats, irrespective of the place of access, provided financial compensation (library royalties) is provided;

Or. de

Amendment 485 Sergio Gaetano Cofferati, Lidia Joanna Geringer de Oedenberg, Evelyn Regner

Motion for a resolution Paragraph 20

Motion for a resolution Amendment

20. Calls for the adoption of a mandatory 20. Calls for the adoption of a mandatory exception allowing libraries to lend books exception allowing libraries to lend books to the public in digital formats, irrespective to the public in digital formats, irrespective of the place of access; of the place of access, so that their public interest duty of disseminating knowledge can be fulfilled effectively and in an up-to-date manner;

Or. it

Amendment 486 Julia Reda, Victor Negrescu, Josef Weidenholzer

Motion for a resolution Paragraph 20

Motion for a resolution Amendment

20. Calls for the adoption of a mandatory 20. Calls for the adoption of a mandatory exception allowing libraries to lend books exception allowing public and research to the public in digital formats, irrespective libraries to lend books to the public in of the place of access; digital formats for personal use, irrespective of the place of access; recommends that authors should be

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compensated for e-lending through a statutory licence to the same extent as this is the case for the lending of physical books;

Or. en

Amendment 487 Pascal Durand

Motion for a resolution Paragraph 20 a (new)

Motion for a resolution Amendment

20a. Stresses the need to ensure the swift ratification of the Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired, or Otherwise Print Disabled, without making the ratification conditional to the revision of the EU legal framework on copyright, and then ensure that the copyright laws of Member States contain adequate exceptions to facilitate the availability of works in formats accessible to persons with visual impairments and other disabilities, such as deafness.

Or. en

Amendment 488 Laura Ferrara

Motion for a resolution Paragraph 20 b (new)

Motion for a resolution Amendment

20b. Calls for the adoption of a mandatory exception allowing libraries to digitalise content for the purposes of consultation, cataloguing and archiving;

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Or. it

Amendment 489 Kostas Chrysogonos

Motion for a resolution Paragraph 21

Motion for a resolution Amendment

21. Calls on the EU legislator to preclude delete Member States from introducing statutory licences for the compensation of rightholders for the harm caused by acts made permissible by an exception;

Or. el

Amendment 490 Jean-Marie Cavada

Motion for a resolution Paragraph 21

Motion for a resolution Amendment

21. Calls on the EU legislator to preclude deleted Member States from introducing statutory licences for the compensation of rightholders for the harm caused by acts made permissible by an exception;

Or. fr

Amendment 491 Tadeusz Zwiefka, Bogdan Brunon Wenta

Motion for a resolution Paragraph 21

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Motion for a resolution Amendment

21. Calls on the EU legislator to preclude deleted Member States from introducing statutory licences for the compensation of rightholders for the harm caused by acts made permissible by an exception;

Or. en

Amendment 492 Jiří Maštálka, Kostas Chrysogonos

Motion for a resolution Paragraph 21

Motion for a resolution Amendment

21. Calls on the EU legislator to preclude deleted Member States from introducing statutory licences for the compensation of rightholders for the harm caused by acts made permissible by an exception;

Or. en

Amendment 493 Marie-Christine Boutonnet

Motion for a resolution Paragraph 21

Motion for a resolution Amendment

21. Calls on the EU legislator to preclude 21. Considers that the licensing system Member States from introducing statutory currently in use should be improved with licences for the compensation of care; rightholders for the harm caused by acts made permissible by an exception;

Or. fr

PE549.469v01-00 100/131 AM\1052463EN.doc EN

Amendment 494 József Szájer

Motion for a resolution Paragraph 21

Motion for a resolution Amendment

21. Calls on the EU legislator to preclude 21. Invites the Commission to analyse the Member States from introducing statutory necessity of measures, if any, to be licences for the compensation of implemented by Member States so as to rightholders for the harm caused by acts provide compensation to rightholders for made permissible by an exception; the harm caused by acts made permissible by an exception, while they should ensure that rightholders receive fair compensation and that the exceptions or limitations do not conflict with a normal exploitation of the work or subject-matter and do not unreasonably prejudice the legitimate interests of the rightholders ;

Or. en

Amendment 495 Therese Comodini Cachia, Mary Honeyball, Marc Joulaud, József Szájer, Giovanni Toti, Luis de Grandes Pascual, Rosa Estaràs Ferragut, Sabine Verheyen

Motion for a resolution Paragraph 21

Motion for a resolution Amendment

21. Calls on the EU legislator to preclude 21. Invites the Commission to analyse the Member States from introducing statutory necessity of measures, if any, to be licences for the compensation of implemented by Member States so as to rightholders for the harm caused by acts provide compensation to rightholders for made permissible by an exception; the harm caused by acts made permissible by an exception while they should ensure that rightholders receive fair compensation and that the exceptions or limitations do not conflict with a normal exploitation of the work or subject-matter and do not unreasonably prejudice the legitimate interests of the rightholder;

Or. en

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Amendment 496 Constance Le Grip

Motion for a resolution Paragraph 21

Motion for a resolution Amendment

21. Calls on the EU legislator to preclude 21. Calls on the EU legislator to ensure Member States from introducing statutory that Member States make provision for licences for the compensation of measures which are necessary in order to rightholders for the harm caused by acts provide compensation for the harm caused made permissible by an exception; to rightholders by acts made permissible by an exception;

Or. fr

Amendment 497 Virginie Rozière

Motion for a resolution Paragraph 21

Motion for a resolution Amendment

21. Calls on the EU legislator to preclude 21. Calls on the EU legislator to continue Member States from introducing statutory to guarantee to Member States the option licences for the compensation of of compensating rightholders for the harm rightholders for the harm caused by acts caused by acts made permissible by an made permissible by an exception; exception;

Or. fr

Amendment 498 Angelika Niebler

Motion for a resolution Paragraph 21

Motion for a resolution Amendment

21. Calls on the EU legislator to preclude 21. Respects the possibility available to

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Member States from introducing statutory Member States of introducing statutory licences for the compensation of licences for the compensation of rightholders for the harm caused by acts rightholders for the harm caused by acts made permissible by an exception; made permissible by an exception;

Or. de

Amendment 499 Axel Voss

Motion for a resolution Paragraph 21

Motion for a resolution Amendment

21. Calls on the EU legislator to preclude 21. Proposes that the EU legislator Member States from introducing statutory examine whether Member States should licences for the compensation of take measures for the compensation of rightholders for the harm caused by acts rightholders for the harm caused by acts made permissible by an exception; made permissible by an exception;

Or. de

Amendment 500 Juan Fernando López Aguilar, Sergio Gutiérrez Prieto, Eider Gardiazabal Rubial, José Blanco López

Motion for a resolution Paragraph 21

Motion for a resolution Amendment

21. Calls on the EU legislator to preclude 21. Calls on the EU legislator to guarantee Member States from introducing statutory rightholders fair remuneration for the licences for the compensation of harm caused by acts made permissible by rightholders for the harm caused by acts an exception; made permissible by an exception;

Or. es

Amendment 501 Victor Negrescu

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Motion for a resolution Paragraph 21

Motion for a resolution Amendment

21. Calls on the EU legislator to preclude 21. Deplores the introduction of statutory Member States from introducing statutory licenses in some member states aimed at licences for the compensation of news aggregators for acts already made rightholders for the harm caused by acts permissible by an exception and calls on made permissible by an exception; the EU legislator to preclude Member States from unilaterally introducing such schemes, which can cause significant damage to the digital economy;

Or. en

Amendment 502 Helga Trüpel, Heidi Hautala

Motion for a resolution Paragraph 21

Motion for a resolution Amendment

21. Calls on the EU legislator to preclude 21. Calls on the EU legislator to preclude Member States from introducing statutory Member States from introducing statutory licences for the compensation of licences for the compensation of rightholders for the harm caused by acts rightholders for alleged harm in the form made permissible by an exception; of neighbouring rights for press publishers;

Or. de

Amendment 503 Julia Reda, Victor Negrescu, Josef Weidenholzer

Motion for a resolution Paragraph 21

Motion for a resolution Amendment

21. Calls on the EU legislator to preclude 21. Deplores the introduction of statutory Member States from introducing statutory licenses in some member states aimed at

PE549.469v01-00 104/131 AM\1052463EN.doc EN licences for the compensation of news aggregators for acts already made rightholders for the harm caused by acts permissible by an exception and calls on made permissible by an exception; the EU legislator to preclude Member States from unilaterally introducing such schemes, which can cause significant damage to the digital economy;

Or. en

Amendment 504 Mary Honeyball

Motion for a resolution Paragraph 21

Motion for a resolution Amendment

21. Calls on the EU legislator to preclude 21. Invites the Commission to analyse the Member States from introducing statutory necessity of measures, if any, to be licences for the compensation of implemented by Member States so as to rightholders for the harm caused by acts provide compensation to rightholders for made permissible by an exception; the harm caused by acts made permissible by an exception while they should ensure that rightholders receive fair compensation and that the exceptions of limitations do not conflict with a normal exploitation of the work or subject-matter and do not unreasonably prejudice the legitimate interests of the rightholder;

Or. en

Amendment 505 Cecilia Wikström

Motion for a resolution Paragraph 21

Motion for a resolution Amendment

21. Calls on the EU legislator to preclude 21. Calls on the EU legislator to protect Member States from introducing statutory consumers by precluding Member States licences for the compensation of from introducing statutory licences for the rightholders for the harm caused by acts compensation of rightholders for the harm

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made permissible by an exception; caused by acts made permissible by an exception;

Or. en

Amendment 506 Enrico Gasbarra

Motion for a resolution Paragraph 21

Motion for a resolution Amendment

21. Calls on the EU legislator to preclude 21. Calls on the EU legislator to preclude Member States from introducing statutory Member States from introducing statutory licences for the compensation of licences for the compensation of rightholders for the harm caused by acts rightholders for the harm caused by acts made permissible by an exception; made permissible by an exception that is legally permitted under that country's own legislation;

Or. it

Amendment 507 Pascal Durand

Motion for a resolution Paragraph 21 a (new)

Motion for a resolution Amendment

21a. Requests the Commission to explore the various legal bases at EU level that are necessary to allow, as EU rule or in Member States, the legalization of non- commercial private sharing between individuals of digital works, which is a right of EU citizens that should not be jeopardized by copyright rules;

Or. en

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Amendment 508 Marietje Schaake

Motion for a resolution Paragraph 21 b (new)

Motion for a resolution Amendment

21b. Calls for ensuring access to information for persons with a disability, which is directly related to the disability and of a non-commercial nature;

Or. en

Amendment 509 Julia Reda, Christian Ehler, Josef Weidenholzer

Motion for a resolution Paragraph 21 c (new)

Motion for a resolution Amendment

21c. Deplores the lack of harmonisation between Member States as regards the interpretation of Article 5.2 b of Directive 2001/29/EC on exceptions for reproductions on any medium made by a natural person for private use, and as regards the remuneration schemes to compensate for the prejudice to rightholders put in place in some Member States to allow for the fair compensation of the rightholders in relation to these acts of copying, which affects the functioning of the internal market;

Or. en

Amendment 510 Jean-Marie Cavada

Motion for a resolution Paragraph 22

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Motion for a resolution Amendment

22. Calls for the adoption of harmonised 22. Believes that the private copying criteria for defining the harm caused to system is a virtuous system that balances rightholders in respect of reproductions the exception for copying for private use made by a natural person for private use, with the right to fair remuneration of and for harmonised transparency rightholders, and that it is a system worth measures as regards the private copying preserving; levies put in place in some Member States13; ______13 As stated in António Vitorino’s 13 As stated in António Vitorino’s recommendations of 31 January 2013 recommendations of 31 January 2013 resulting from the latest mediation process resulting from the latest mediation process conducted by the Commission in respect of conducted by the Commission in respect of private copying and reprography levies. private copying and reprography levies.

Or. fr

Amendment 511 Marie-Christine Boutonnet

Motion for a resolution Paragraph 22

Motion for a resolution Amendment

22. Calls for the adoption of harmonised 22. Considers that the right balance criteria for defining the harm caused to should be struck between the interests of rightholders in respect of reproductions the author and those of the public; made by a natural person for private use, and for harmonised transparency measures as regards the private copying levies put in place in some Member States13; the right of reproduction and adaption and the right to make back-up copies should be granted where the source of the copy is legal; ______13 As stated in António Vitorino’s recommendations of 31 January 2013 resulting from the latest mediation

PE549.469v01-00 108/131 AM\1052463EN.doc EN process conducted by the Commission in respect of private copying and reprography levies.

Or. fr

Amendment 512 Cecilia Wikström

Motion for a resolution Paragraph 22

Motion for a resolution Amendment

22. Calls for the adoption of harmonised 22. Underlines that citizens in all Member criteria for defining the harm caused to States should have a legal right to make rightholders in respect of reproductions private copies for their own use of legally made by a natural person for private use, acquired content without having to pay and for harmonised transparency extra compensation to right holders measures as regards the private copying through cumbersome and illogical levies levies put in place in some Member on technical devices; thus urges the States13 ; commission to propose a fully harmonised private copy exception which would not cause harm to right holders and which would thus not need to be compensated through a levy system; ______13 As stated in António Vitorino’s recommendations of 31 January 2013 resulting from the latest mediation process conducted by the Commission in respect of private copying and reprography levies.

Or. en

Amendment 513 Helga Trüpel

Motion for a resolution Paragraph 22

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Motion for a resolution Amendment

22. Calls for the adoption of harmonised 22. Urges the legislator to secure the right criteria for defining the harm caused to to (digital) private copying coupled with a rightholders in respect of reproductions levy for a reasonable remuneration that made by a natural person for private use, may not be technically limited; and for harmonised transparency measures as regards the private copying levies put in place in some Member States13; ______13 As stated in António Vitorino’s recommendations of 31 January 2013 resulting from the latest mediation process conducted by the Commission in respect of private copying and reprography levies.

Or. de

Amendment 514 Constance Le Grip, Marc Joulaud, Jean-Marie Cavada, Sabine Verheyen

Motion for a resolution Paragraph 22

Motion for a resolution Amendment

22. Calls for the adoption of harmonised 22. Recalls the European Parliament criteria for defining the harm caused to resolution of February 2014 which rightholders in respect of reproductions underlined the importance of the system made by a natural person for private use, of remuneration for private copying in and for harmonised transparency seeking to strike a balance between the measures as regards the private copying interests of consumers and those of levies put in place in some Member rightholders; States13; ______13 As stated in António Vitorino’s 13 As stated in António Vitorino’s recommendations of 31 January 2013 recommendations of 31 January 2013 resulting from the latest mediation process resulting from the latest mediation process conducted by the Commission in respect of conducted by the Commission in respect of private copying and reprography levies. private copying and reprography levies.

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Or. fr

Amendment 515 Mary Honeyball

Motion for a resolution Paragraph 22

Motion for a resolution Amendment

22. Calls for the adoption of harmonised 22. Suggests a review of the liability of criteria for defining the harm caused to service providers and intermediaries in rightholders in respect of reproductions order to clarify their legal status and made by a natural person for private use, liability with regards to copyright, in order and for harmonised transparency to guarantee and to ensure a fair measures as regards the private copying remuneration for creators and levies put in place in some Member rightholders within the EU; States13 ; ______13 As stated in António Vitorino’s 13 As stated in António Vitorino’s recommendations of 31 January 2013 recommendations of 31 January 2013 resulting from the latest mediation process resulting from the latest mediation process conducted by the Commission in respect of conducted by the Commission in respect of private copying and reprography levies. private copying and reprography levies.

Or. en

Amendment 516 Axel Voss

Motion for a resolution Paragraph 22

Motion for a resolution Amendment

22. Calls for the adoption of harmonised 22. Notes that a further examination of criteria for defining the harm caused to the transparent implementation of rightholders in respect of reproductions measures such as the private copying levy made by a natural person for private use, for the fair compensation of rightholders and for harmonised transparency measures in respect of reproductions made by a as regards the private copying levies put in natural person for private use is necessary place in some Member States13; for the protection of authors’ and users’ rights;

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______13 As stated in António Vitorino’s recommendations of 31 January 2013 resulting from the latest mediation process conducted by the Commission in respect of private copying and reprography levies.

Or. de

Amendment 517 Therese Comodini Cachia, Eva Paunova, Rosa Estaràs Ferragut, József Szájer, Giovanni Toti, Luis de Grandes Pascual, Sabine Verheyen

Motion for a resolution Paragraph 22

Motion for a resolution Amendment

22. Calls for the adoption of harmonised 22. Notes that further analysis is criteria for defining the harm caused to necessary on the viability of measures to rightholders in respect of reproductions the fair compensation of rightholders in made by a natural person for private use, respect of reproductions made by natural and for harmonised transparency persons for private use, in particular in measures as regards the private copying regard to more transparency and better levies put in place in some Member optimalisation for the existing measures States13 ; as digital levies to safeguard rightholder and consumer rights; ______13 As stated in António Vitorino’s recommendations of 31 January 2013 resulting from the latest mediation process conducted by the Commission in respect of private copying and reprography levies.

Or. en

Amendment 518 József Szájer

Motion for a resolution Paragraph 22

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Motion for a resolution Amendment

22. Calls for the adoption of harmonised 22. Notes that further analysis is criteria for defining the harm caused to necessary on the viability of measures to rightholders in respect of reproductions the fair compensation of rightholders in made by a natural person for private use, respect of reproductions made by natural and for harmonised transparency persons for private use, in particular in measures as regards the private copying regard to more transparency and better levies put in place in some Member optimalisation for the existing measures States13 ; as digital levies to safeguard rightholder and consumer rights; ______13 As stated in António Vitorino’s 13 As stated in António Vitorino’s recommendations of 31 January 2013 recommendations of 31 January 2013 resulting from the latest mediation process resulting from the latest mediation process conducted by the Commission in respect of conducted by the Commission in respect of private copying and reprography levies. private copying and reprography levies.

Or. en

Amendment 519 Virginie Rozière, Jean-Marie Cavada

Motion for a resolution Paragraph 22

Motion for a resolution Amendment

22. Calls for the adoption of harmonised 22. Recalls the importance of fair criteria for defining the harm caused to compensation for the harm caused to rightholders in respect of reproductions rightholders in respect of reproductions made by a natural person for private use, made by a natural person for private use; and for harmonised transparency measures as regards the private copying levies put in place in some Member States13; ______13 As stated in António Vitorino’s recommendations of 31 January 2013 resulting from the latest mediation process conducted by the Commission in respect of private copying and reprography levies.

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Or. fr

Amendment 520 Angel Dzhambazki, Sajjad Karim

Motion for a resolution Paragraph 22

Motion for a resolution Amendment

22. Calls for the adoption of harmonised 22. Calls for the adoption of harmonised criteria for defining the harm caused to criteria for defining the harm caused to rightholders in respect of reproductions rightholders in respect of reproductions made by a natural person for private use, made by a natural person for private use, and for harmonised transparency measures taking into account recital 35 of the as regards the private copying levies put in Directive, which recognises that harm to place in some Member States13 ; rightholders in some circumstances is minimal and no payment is made, and for harmonised transparency measures as regards the private copying levies put in place in some Member States13 ; Draws attention to the the discretion of Member States to provide alternative modes of compensation to levies; ______13 As stated in António Vitorino’s 13 As stated in António Vitorino’s recommendations of 31 January 2013 recommendations of 31 January 2013 resulting from the latest mediation process resulting from the latest mediation process conducted by the Commission in respect of conducted by the Commission in respect of private copying and reprography levies. private copying and reprography levies.

Or. en

Amendment 521 Lidia Joanna Geringer de Oedenberg

Motion for a resolution Paragraph 22

Motion for a resolution Amendment

22. Calls for the adoption of harmonised 22. Calls for the adoption of harmonised criteria for defining the harm caused to criteria for defining the harm caused to

PE549.469v01-00 114/131 AM\1052463EN.doc EN rightholders in respect of reproductions rightholders in respect of reproductions made by a natural person for private use, made by a natural person for private use, and for harmonised transparency measures and for harmonised transparency measures as regards the private copying levies put in concerning the expenditure algorithm for place in some Member States13; funds gained from the private copying levies put in place in some Member States13; ______13 As stated in António Vitorino’s 13 As stated in António Vitorino’s recommendations of 31 January 2013 recommendations of 31 January 2013 resulting from the latest mediation process resulting from the latest mediation process conducted by the Commission in respect of conducted by the Commission in respect of private copying and reprography levies. private copying and reprography levies.

Or. pl

Amendment 522 Laura Ferrara

Motion for a resolution Paragraph 22

Motion for a resolution Amendment

22. Calls for the adoption of harmonised 22. Calls for the adoption of harmonised criteria for defining the harm caused to criteria, established on the basis of rightholders in respect of reproductions scientifically proven studies, for defining made by a natural person for private use, the harm caused to rightholders in respect and for harmonised transparency measures of reproductions made by a natural person as regards the private copying levies put in for private use, and for harmonised place in some Member States13; transparency measures as regards the private copying levies put in place in some Member States13; ______13 As stated in António Vitorino’s 13 As stated in António Vitorino’s recommendations of 31 January 2013 recommendations of 31 January 2013 resulting from the latest mediation process resulting from the latest mediation process conducted by the Commission in respect of conducted by the Commission in respect of private copying and reprography levies. private copying and reprography levies.

Or. it

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Amendment 523 Laura Ferrara

Motion for a resolution Paragraph 22 a (new)

Motion for a resolution Amendment

22a. Notes that the right to impose private copying levies should be governed in such a way as to inform citizens of the actual amount of the levy, its purpose and how it is going to be used;

Or. it

Amendment 524 Christian Ehler, Sabine Verheyen, Marc Joulaud

Motion for a resolution Paragraph 22 b (new)

Motion for a resolution Amendment

22b. Stresses that digital levies should be made more transparent and optimised to safeguard rightholder and consumer rights and by taking into account Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market;

Or. en

Amendment 525 Evelyn Regner, Josef Weidenholzer

Motion for a resolution Paragraph 22 c (new)

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Motion for a resolution Amendment

22c. Invites the Commission to include alternative types of remuneration in the Directive 2001/29/EG to ensure a fair balance between the copyright owner and the user;

Or. en

Amendment 526 Marietje Schaake

Motion for a resolution Paragraph 22 d (new)

Motion for a resolution Amendment

22d. Cautions against private enforcement of copyright to ensure a clear separation of powers, and the appropriate judicial and democratic oversight;

Or. en

Amendment 527 Julia Reda, Josef Weidenholzer, Dietmar Köster

Motion for a resolution Paragraph 22 e (new)

Motion for a resolution Amendment

22e. Proposes to strengthen authors' rights by making remuneration rights tied to exceptions and limitations non- transferable to other rightholders;

Or. en

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Amendment 528 Evelyn Regner, Josef Weidenholzer

Motion for a resolution Paragraph 22 f (new)

Motion for a resolution Amendment

22f. Asks for further clarification that in the light of a fair balance, no double remuneration should be charged, if the user makes a backup copy, where no harm is caused. The remuneration should refer to the actual damage.

Or. en

Amendment 529 Constance Le Grip

Motion for a resolution Paragraph 23

Motion for a resolution Amendment

23. Stresses that the effective exercise of deleted exceptions or limitations, and access to content that is not subject to copyright or related rights protection, should not be hindered by technological measures;

Or. fr

Amendment 530 Virginie Rozière

Motion for a resolution Paragraph 23

Motion for a resolution Amendment

23. Stresses that the effective exercise of deleted exceptions or limitations, and access to content that is not subject to copyright or

PE549.469v01-00 118/131 AM\1052463EN.doc EN related rights protection, should not be hindered by technological measures;

Or. fr

Amendment 531 Angelika Niebler

Motion for a resolution Paragraph 23

Motion for a resolution Amendment

23. Stresses that the effective exercise of 23. Stresses that, especially in the digital exceptions or limitations, and access to age, the use of technological protection content that is not subject to copyright or measures should be allowed to redress the related rights protection, should not be balance between free reproduction (e.g. hindered by technological measures; in the context of private copying) and the exclusive right to reproduction;

Or. de

Amendment 532 Cecilia Wikström

Motion for a resolution Paragraph 23

Motion for a resolution Amendment

23. Stresses that the effective exercise of 23. Stresses that the effective exercise of exceptions or limitations, and access to exceptions or limitations, and access to content that is not subject to copyright or content that is not subject to copyright or related rights protection, should not be related rights protection, should not be hindered by technological measures; hindered by technological measures and that member states should have sufficient enforcement measures in place to deter any such actions;

Or. en

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Amendment 533 Jean-Marie Cavada, Virginie Rozière

Motion for a resolution Paragraph 23

Motion for a resolution Amendment

23. Stresses that the effective exercise of 23. Notes that the effective exercise of exceptions or limitations, and access to exceptions or limitations, and access to content that is not subject to copyright or content that is not subject to copyright or related rights protection, should not be related rights protection, is guaranteed by hindered by technological measures; Article 6(4) 0f Directive 2001/29/EC;

Or. fr

Amendment 534 Marie-Christine Boutonnet

Motion for a resolution Paragraph 23

Motion for a resolution Amendment

23. Stresses that the effective exercise of 23. Considers that the concept of the exceptions or limitations, and access to principle of territoriality should be content that is not subject to copyright or respected; related rights protection, should not be hindered by technological measures;

Or. fr

Amendment 535 Julia Reda, Josef Weidenholzer

Motion for a resolution Paragraph 23

Motion for a resolution Amendment

23. Stresses that the effective exercise of 23. Stresses that the effective exercise of exceptions or limitations, and access to exceptions or limitations, and access to content that is not subject to copyright or content that is not subject to copyright or related rights protection, should not be related rights protection, should not be

PE549.469v01-00 120/131 AM\1052463EN.doc EN hindered by technological measures; hindered by technological measures or contractual terms;

Or. en

Amendment 536 Pascal Durand

Motion for a resolution Paragraph 23

Motion for a resolution Amendment

23. Stresses that the effective exercise of 23. Stresses that the effective exercise of exceptions or limitations, and access to exceptions or limitations, and access to content that is not subject to copyright or content that is not subject to copyright or related rights protection, should not be related rights protection, should not be hindered by technological measures; waived by contract or hindered by technological measures of protection or online contracts in the digital environment;

Or. en

Amendment 537 Angel Dzhambazki, Sajjad Karim

Motion for a resolution Paragraph 23

Motion for a resolution Amendment

23. Stresses that the effective exercise of 23. Stresses that the effective exercise of exceptions or limitations, and access to exceptions or limitations, and access to content that is not subject to copyright or content that is not subject to copyright or related rights protection, should not be related rights protection, should not be hindered by technological measures; unduly hindered by technological measures;

Or. en

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Amendment 538 Christian Ehler, Sabine Verheyen, Marc Joulaud

Motion for a resolution Paragraph 23 a (new)

Motion for a resolution Amendment

23a. Points out that the rapid rate of technological development in the digital market calls for a technologically neutral legislative framework for copyrights;

Or. en

Amendment 539 Kostas Chrysogonos

Motion for a resolution Paragraph 24

Motion for a resolution Amendment

24. Recommends making legal protection delete against the circumvention of any effective technological measures conditional upon the publication of the source code or the interface specification, in order to secure the integrity of devices on which technological protections are employed and to ease interoperability; considers, in particular, that where the circumvention of technological measures is allowed, technological means to achieve such authorised circumvention must be available;

Or. el

Amendment 540 Constance Le Grip

Motion for a resolution Paragraph 24

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Motion for a resolution Amendment

24. Recommends making legal protection deleted against the circumvention of any effective technological measures conditional upon the publication of the source code or the interface specification, in order to secure the integrity of devices on which technological protections are employed and to ease interoperability; considers, in particular, that where the circumvention of technological measures is allowed, technological means to achieve such authorised circumvention must be available;

Or. fr

Amendment 541 Juan Fernando López Aguilar, Sergio Gutiérrez Prieto, Eider Gardiazabal Rubial, José Blanco López

Motion for a resolution Paragraph 24

Motion for a resolution Amendment

24. Recommends making legal protection deleted against the circumvention of any effective technological measures conditional upon the publication of the source code or the interface specification, in order to secure the integrity of devices on which technological protections are employed and to ease interoperability; considers, in particular, that where the circumvention of technological measures is allowed, technological means to achieve such authorised circumvention must be available;

Or. es

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Amendment 542 József Szájer

Motion for a resolution Paragraph 24

Motion for a resolution Amendment

24. Recommends making legal protection deleted against the circumvention of any effective technological measures conditional upon the publication of the source code or the interface specification, in order to secure the integrity of devices on which technological protections are employed and to ease interoperability; considers, in particular, that where the circumvention of technological measures is allowed, technological means to achieve such authorised circumvention must be available;

Or. en

Amendment 543 Angel Dzhambazki, Sajjad Karim

Motion for a resolution Paragraph 24

Motion for a resolution Amendment

24. Recommends making legal protection deleted against the circumvention of any effective technological measures conditional upon the publication of the source code or the interface specification, in order to secure the integrity of devices on which technological protections are employed and to ease interoperability; considers, in particular, that where the circumvention of technological measures is allowed, technological means to achieve such authorised circumvention must be available;

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Or. en

Amendment 544 Jiří Maštálka, Kostas Chrysogonos

Motion for a resolution Paragraph 24

Motion for a resolution Amendment

24. Recommends making legal protection deleted against the circumvention of any effective technological measures conditional upon the publication of the source code or the interface specification, in order to secure the integrity of devices on which technological protections are employed and to ease interoperability; considers, in particular, that where the circumvention of technological measures is allowed, technological means to achieve such authorised circumvention must be available;

Or. en

Amendment 545 Enrico Gasbarra

Motion for a resolution Paragraph 24

Motion for a resolution Amendment

24. Recommends making legal protection deleted against the circumvention of any effective technological measures conditional upon the publication of the source code or the interface specification, in order to secure the integrity of devices on which technological protections are employed and to ease interoperability; considers, in particular, that where the circumvention of technological measures is allowed,

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technological means to achieve such authorised circumvention must be available;

Or. it

Amendment 546 Axel Voss

Motion for a resolution Paragraph 24

Motion for a resolution Amendment

24. Recommends making legal protection delete against the circumvention of any effective technological measures conditional upon the publication of the source code or the interface specification, in order to secure the integrity of devices on which technological protections are employed and to ease interoperability; considers, in particular, that where the circumvention of technological measures is allowed, technological means to achieve such authorised circumvention must be available;

Or. de

Amendment 547 Jean-Marie Cavada, Therese Comodini Cachia

Motion for a resolution Paragraph 24

Motion for a resolution Amendment

24. Recommends making legal protection deleted against the circumvention of any effective technological measures conditional upon the publication of the source code or the interface specification, in order to secure the integrity of devices on which

PE549.469v01-00 126/131 AM\1052463EN.doc EN technological protections are employed and to ease interoperability; considers, in particular, that where the circumvention of technological measures is allowed, technological means to achieve such authorised circumvention must be available;

Or. fr

Amendment 548 Therese Comodini Cachia, Eva Paunova, Marc Joulaud, Pavel Svoboda, Jean-Marie Cavada, Mary Honeyball, József Szájer, Giovanni Toti, Luis de Grandes Pascual, Rosa Estaràs Ferragut, Sabine Verheyen

Motion for a resolution Paragraph 24

Motion for a resolution Amendment

24. Recommends making legal protection deleted against the circumvention of any effective technological measures conditional upon the publication of the source code or the interface specification, in order to secure the integrity of devices on which technological protections are employed and to ease interoperability; considers, in particular, that where the circumvention of technological measures is allowed, technological means to achieve such authorised circumvention must be available;

Or. en

Amendment 549 Angelika Niebler

Motion for a resolution Paragraph 24

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Motion for a resolution Amendment

24. Recommends making legal protection 24. Stresses that, especially in the digital against the circumvention of any effective age, the use of technological protection technological measures conditional upon measures should be allowed which redress the publication of the source code or the the balance between free reproduction interface specification, in order to secure (e.g. in the context of private copying) and the integrity of devices on which the exclusive right to reproduction; technological protections are employed and to ease interoperability; considers, in particular, that where the circumvention of technological measures is allowed, technological means to achieve such authorised circumvention must be available;

Or. de

Amendment 550 Marie-Christine Boutonnet

Motion for a resolution Paragraph 24

Motion for a resolution Amendment

24. Recommends making legal protection 24. Notes that the aims of the 2001 against the circumvention of any effective directive have not been attained; technological measures conditional upon technologies which make it possible to the publication of the source code or the limit unauthorised use of works, with the interface specification, in order to secure exception of software, must ensure the integrity of devices on which interoperability; technological protections are employed and to ease interoperability; considers, in particular, that where the circumvention of technological measures is allowed, technological means to achieve such authorised circumvention must be available;

Or. fr

Amendment 551 Inês Cristina Zuber

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Motion for a resolution Paragraph 24

Motion for a resolution Amendment

24. Recommends making legal protection 24. Recommends that the rules governing against the circumvention of any effective file-sharing for non-commercial purposes technological measures conditional upon be studied with a view to establishing the publication of the source code or the arrangements requiring intermediaries to interface specification, in order to secure pay fair compensation for creative work; the integrity of devices on which technological protections are employed and to ease interoperability; considers, in particular, that where the circumvention of technological measures is allowed, technological means to achieve such authorised circumvention must be available;

Or. pt

Amendment 552 Isabella Adinolfi

Motion for a resolution Paragraph 24 a (new)

Motion for a resolution Amendment

24a. Urges to establish that the orders against intermediaries to protect copyright are given only by the competent judicial authority with reference to the limits imposed by Directive 2004/48 (ex Art. 11), the Charter of Fundamental Rights of the European Union, Article. 51, par. 1, and Article 6 TEU;

Or. en

Amendment 553 Mary Honeyball

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Motion for a resolution Paragraph 24 b (new)

Motion for a resolution Amendment

24b. Recognises the role of proportionate and effective enforcement in supporting creators, rightholders and consumers;

Or. en

Amendment 554 Virginie Rozière

Motion for a resolution Paragraph 24 c (new)

Motion for a resolution Amendment

24c. Calls on distributors to publish all available information concerning the technological measures necessary to ensure interoperability of their content;

Or. fr

Amendment 555 Enrico Gasbarra, Silvia Costa, Lidia Joanna Geringer de Oedenberg

Motion for a resolution Paragraph 24 d (new)

Motion for a resolution Amendment

24d. Expresses concern and regret with regard to the political obstacles in the Council which are still delaying ratification of the Treaty of Marrakesh for the Blind, which was already signed by the European Union in 2013;

Or. it

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Amendment 556 Constance Le Grip, Marc Joulaud, Jean-Marie Cavada, Sabine Verheyen

Motion for a resolution Paragraph 24 e (new)

Motion for a resolution Amendment

24e. Calls on the Commission and the legislature to consider solutions for the displacement of value from content to services; stresses the need to adjust the definition of the status of intermediary in the current digital environment;

Or. fr

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