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European Parliament 2014-2019 Committee on Industry, Research and Energy 2016/0280(COD) 5.4.2017 AMENDMENTS 12 - 259 Draft opinion Zdzisław Krasnodębski (PE592.363v01-00) Copyright in the Digital Single Market Proposal for a directive (COM(2016)0593 – C8-0383/2016 – 2016/0280(COD)) AM\1107736EN.docx PE592.364v01-00 EN United in diversity EN AM_Com_LegOpinion PE592.364v01-00 2/151 AM\1107736EN.docx EN Amendment 12 Rolandas Paksas Proposal for a directive Recital 3 Text proposed by the Commission Amendment (3) Rapid technological developments (3) Rapid technological developments continue to transform the way works and continue to transform the way works and other subject-matter are created, produced, other subject-matter are created, produced, distributed and exploited. New business distributed and exploited. New business models and new actors continue to emerge. models and new actors continue to emerge. The objectives and the principles laid down The objectives and the principles laid down by the Union copyright framework remain by the Union copyright framework remain sound. However, legal uncertainty remains, sound. However, legal uncertainty remains, for both rightholders and users, as regards for both rightholders and users, as regards certain uses, including cross-border uses, certain uses, including cross-border uses, of works and other subject-matter in the of works and other subject-matter in the digital environment. As set out in the digital environment. As set out in the Communication of the Commission Communication of the Commission entitled ‘Towards a modern, more entitled ‘Towards a modern, more European copyright framework’26 , in some European copyright framework’26 , in some areas it is necessary to adapt and areas it is necessary to adapt and supplement the current Union copyright supplement the current Union copyright framework. This Directive provides for framework. In this context, with particular rules to adapt certain exceptions and respect to the abuse of embedding or limitations to digital and cross-border framing techniques of audio-visual environments, as well as measures to content on a commercial scale, the facilitate certain licensing practices as Commission will investigate all possible regards the dissemination of out-of- measures to create adequate safeguards commerce works and the online against such abuse. In addition, this availability of audiovisual works on video- Directive provides for rules to adapt certain on-demand platforms with a view to exceptions and limitations to digital and ensuring wider access to content. In order cross-border environments, as well as to achieve a well-functioning marketplace measures to facilitate certain licensing for copyright, there should also be rules on practices as regards the dissemination of rights in publications, on the use of works out-of-commerce works and the online and other subject-matter by online service availability of audiovisual works on video- providers storing and giving access to user on-demand platforms with a view to uploaded content and on the transparency ensuring wider access to content. In order of authors' and performers' contracts. to achieve a well-functioning marketplace for copyright, there should also be rules on rights in publications, on the use of works and other subject-matter by online service providers storing and giving access to user uploaded content and on the transparency of authors' and performers' contracts. _________________ _________________ AM\1107736EN.docx 3/151 PE592.364v01-00 EN 26 COM(2015) 626 final. 26 COM(2015) 626 final. Or. en Amendment 13 Theresa Griffin, Jude Kirton-Darling, Julie Ward, Clare Moody, Mary Honeyball, Miriam Dalli, Giorgos Grammatikakis, Pervenche Berès, Virginie Rozière Proposal for a directive Recital 3 Text proposed by the Commission Amendment (3) Rapid technological developments (3) Rapid technological developments continue to transform the way works and continue to transform the way works and other subject-matter are created, produced, other subject-matter are created, produced, distributed and exploited. New business distributed and exploited. New business models and new actors continue to emerge. models and new actors continue to emerge. The objectives and the principles laid down The objectives and the principles laid down by the Union copyright framework remain by the Union copyright framework remain sound. However, legal uncertainty remains, sound. However, legal uncertainty remains, for both rightholders and users, as regards for both rightholders and users, as regards certain uses, including cross-border uses, certain uses, including cross-border uses, of works and other subject-matter in the of works and other subject-matter in the digital environment. As set out in the digital environment. As set out in the Communication of the Commission Communication of the Commission entitled ‘Towards a modern, more entitled ‘Towards a modern, more European copyright framework’26 , in some European copyright framework’26 , in some areas it is necessary to adapt and areas it is necessary to adapt and supplement the current Union copyright supplement the current Union copyright framework. This Directive provides for framework. The Commission should rules to adapt certain exceptions and investigate all possible measures to limitations to digital and cross-border prevent the illegal use of copyright environments, as well as measures to protected visual and audio-visual content facilitate certain licensing practices as for commercial purposes, through for regards the dissemination of out-of- example embedding or framing commerce works and the online techniques. In addition, this Directive availability of audiovisual works on video- provides for rules to adapt certain on-demand platforms with a view to exceptions and limitations to digital and ensuring wider access to content. In order cross-border environments, as well as to achieve a well-functioning marketplace measures to facilitate certain licensing for copyright, there should also be rules on practices as regards the dissemination of rights in publications, on the use of works out-of-commerce works and the online and other subject-matter by online service availability of audiovisual works on video- providers storing and giving access to user on-demand platforms with a view to uploaded content and on the transparency ensuring wider access to content. In order of authors' and performers' contracts. to achieve a well-functioning marketplace for copyright, there should also be rules on rights in publications, on the use of works PE592.364v01-00 4/151 AM\1107736EN.docx EN and other subject-matter by online service providers storing and giving access to user uploaded content and on the transparency of authors' and performers' contracts. _________________ _________________ 26 COM(2015) 626 final. 26 COM(2015) 626 final. Or. en Amendment 14 Dario Tamburrano, Isabella Adinolfi, David Borrelli, Laura Ferrara Proposal for a directive Recital 3 Text proposed by the Commission Amendment (3) Rapid technological developments (3) Rapid technological developments continue to transform the way works and continue to transform the way works and other subject-matter are created, produced, other subject-matter are created, produced, distributed and exploited. New business distributed and exploited. New business models and new actors continue to emerge. models and new actors continue to emerge. The objectives and the principles laid down The objectives and the principles laid down by the Union copyright framework remain by the Union copyright framework remain sound. However, legal uncertainty remains, sound. However, legal uncertainty remains, for both rightholders and users, as regards for both rightholders and users, as regards certain uses, including cross-border uses, certain uses, including cross-border uses, of works and other subject-matter in the of works and other subject-matter in the digital environment. As set out in the digital environment. As set out in the Communication of the Commission Communication of the Commission entitled ‘Towards a modern, more entitled ‘Towards a modern, more European copyright framework’26 , in some European copyright framework’26 , in some areas it is necessary to adapt and areas it is necessary to adapt and supplement the current Union copyright supplement the current Union copyright framework. This Directive provides for framework. This Directive provides for rules to adapt certain exceptions and rules to adapt certain exceptions and limitations to digital and cross-border limitations to digital and cross-border environments, as well as measures to environments, as well as measures to facilitate certain licensing practices as facilitate certain licensing practices as regards the dissemination of out-of- regards the dissemination of out-of- commerce works and the online commerce works and the online availability of audiovisual works on video- availability of audiovisual works on video- on-demand platforms with a view to on-demand platforms with a view to ensuring wider access to content. In order ensuring wider access to content. In order to achieve a well-functioning marketplace to achieve a well-functioning marketplace for copyright, there should also be rules on for copyright, there should also be rules on rights in publications, on the use of works the use of works and other subject-matter and other subject-matter by online service by online service providers storing and AM\1107736EN.docx 5/151 PE592.364v01-00