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 EN providers storing and giving access to user giving access to user uploaded content and uploaded content and on the transparency on the transparency of authors' and of authors' and performers' contracts. performers' contracts. ______26 COM(2015) 626 final. 26 COM(2015) 626 final.
Or. en
Amendment 15 Pilar del Castillo Vera
Proposal for a directive Recital 5 a (new)
Text proposed by the Commission Amendment
(5 a) In the fields of research, education and preservation of cultural heritage, digital technologies permit new types of uses that are not clearly covered by the current Union rules on exceptions and limitations. In addition, the optional nature of exceptions and limitations provided for in Directives 2001/29/EC, 96/9/EC and 2009/24/EC in these fields may negatively impact the functioning of the internal market. This is particularly relevant as regards cross-border uses, which are becoming increasingly important in the digital environment. Therefore, the existing exceptions and limitations in Union law that are relevant for innovation and scientific research, teaching and preservation of cultural heritage should be reassessed in the light of those new uses. Mandatory exceptions or limitations for uses of text and data mining technologies in the field of scientific research, illustration for teaching in the digital environment and for preservation of cultural heritage should be introduced. For uses not covered by the exceptions or the limitation provided for in this Directive, the exceptions and limitations existing in Union law should continue to apply. Directives 96/9/EC and 2001/29/EC
PE592.364v01-00 6/151 AM\1107736EN.docx EN should be adapted.
Or. en
Amendment 16 Michèle Rivasi on behalf of the Verts/ALE Group
Proposal for a directive Recital 7 a (new)
Text proposed by the Commission Amendment
(7 a) In order to ensure that technological measures do not prevent the enjoyment of the exceptions and limitations established in this Directive, in Directive 2001/29/EC, Directive 96/9/EC, Directive 2009/24/EC or Directive 2012/28/EU, Article 6(4) of Directive 2001/29/EC needs to be updated in order to take account of the fact that in the marketplace, rightsholders are often unable to make available to the beneficiary of an exception or limitation the means of benefiting from that exception or limitation, because technological protection measures are generally not applied by the rightsholders themselves, but by third party suppliers who provide the content to consumers, such as online marketplaces, some of whom enjoy a dominant market position. The inability of users to make use of their rights under copyright exceptions and limitations is not just having a negative impact on users' fundamental rights, it is also detrimental to rightsholders who often find themselves in a weaker bargaining position vis-à-vis suppliers of digital content, especially when consumers are locked into the products and services offered by that seller through the use of technological measures. It is therefore insufficient to require Member States only to place obligations upon the rightsholders, who are generally unable to remove the technological protection measures put on their works by third AM\1107736EN.docx 7/151 PE592.364v01-00 EN parties. In addition, the act of circumventing technological protection measures for the purposes of enjoying exceptions and limitations to copyright and related rights needs to be exempted from the general legal protection of effective technological measures enshrined in Article 6(1) and 6(2) of Directive 2001/29/EC. Furthermore, the definition of "technological measures" in Article 6(3) of Directive 2001/29/EC needs to be clarified so as not to include measures which are designed to restrict authorised uses under copyright exceptions and limitations.
Or. en
Amendment 17 Rolandas Paksas
Proposal for a directive Recital 8
Text proposed by the Commission Amendment
(8) New technologies enable the (8) New technologies enable the automated computational analysis of automated computational analysis of information in digital form, such as text, information in digital form, such as text, sounds, images or data, generally known as sounds, images or data, generally known as text and data mining. Those technologies text and data mining. Those technologies allow researchers to process large amounts allow citizens, businesses, researchers, of information to gain new knowledge and journalists and any member of society discover new trends. Whilst text and data who has access to the internet, to process mining technologies are prevalent across large amounts of information to gain new the digital economy, there is widespread knowledge and discover new trends. acknowledgment that text and data mining Whilst text and data mining technologies can in particular benefit the research are prevalent across the digital economy, community and in so doing encourage there is widespread acknowledgment that innovation. However, in the Union, text and data mining can in particular research organisations such as universities benefit citizen science, businesses, the and research institutes are confronted with research community, journalism and other legal uncertainty as to the extent to which sectors of society and the economy and in they can perform text and data mining of so doing encourage innovation, growth content. In certain instances, text and data and jobs. However, in the Union, all mining may involve acts protected by organisations and individuals are copyright and/or by the sui generis confronted with legal uncertainty as to the database right, notably the reproduction of extent to which they can perform text and works or other subject-matter and/or the data mining of content. In certain PE592.364v01-00 8/151 AM\1107736EN.docx EN extraction of contents from a database. instances, text and data mining may Where there is no exception or limitation involve acts protected by copyright and/or which applies, an authorisation to by the sui generis database right, notably undertake such acts would be required the reproduction of works or other subject- from rightholders. Text and data mining matter and/or the extraction of contents may also be carried out in relation to mere from a database. Where there is no facts or data which are not protected by exception or limitation which applies, an copyright and in such instances no authorisation to undertake such acts would authorisation would be required. be required from rightholders. Text and data mining may also be carried out in relation to mere facts or data which are not protected by copyright and in such instances no authorisation would be required.
Or. en
Amendment 18 Dario Tamburrano, Isabella Adinolfi, David Borrelli, Laura Ferrara
Proposal for a directive Recital 8
Text proposed by the Commission Amendment
(8) New technologies enable the (8) New technologies enable the automated computational analysis of automated computational analysis of information in digital form, such as text, information in digital form, such as text, sounds, images or data, generally known as sounds, images or data, generally known as text and data mining. Those technologies text and data mining. Those technologies allow researchers to process large amounts allow citizens, startups, researchers and of information to gain new knowledge and journalists to process large amounts of discover new trends. Whilst text and data information to gain new knowledge and mining technologies are prevalent across discover new trends. Whilst text and data the digital economy, there is widespread mining technologies are prevalent across acknowledgment that text and data mining the digital economy, there is widespread can in particular benefit the research acknowledgment that text and data mining community and in so doing encourage can also benefit citizen science, business, innovation. However, in the Union, the research community and journalism research organisations such as and in so doing encourage innovation. universities and research institutes are However, in the Union, individuals and confronted with legal uncertainty as to the legal entities having lawful access to extent to which they can perform text and content are confronted with legal data mining of content. In certain uncertainty as to the extent to which they instances, text and data mining may can perform text and data mining thereof. involve acts protected by copyright and/or In certain instances, text and data mining by the sui generis database right, notably may involve acts protected by copyright the reproduction of works or other subject- and/or by the sui generis database right, matter and/or the extraction of contents notably the reproduction of works or other AM\1107736EN.docx 9/151 PE592.364v01-00 EN from a database. Where there is no subject-matter and/or the extraction of exception or limitation which applies, an contents from a database. Where there is authorisation to undertake such acts would no exception or limitation which applies, be required from rightholders. Text and an authorisation to undertake such acts data mining may also be carried out in would be required from rightholders. Text relation to mere facts or data which are not and data mining may also be carried out in protected by copyright and in such relation to mere facts or data which are not instances no authorisation would be protected by copyright and in such required. instances no authorisation would be required.
Or. en
Amendment 19 Theresa Griffin, Jude Kirton-Darling, Miriam Dalli, Jeppe Kofod, Mary Honeyball, Pervenche Berès, Clare Moody, Alessia Maria Mosca, Jens Geier
Proposal for a directive Recital 8
Text proposed by the Commission Amendment
(8) New technologies enable the (8) New technologies enable the automated computational analysis of automated computational analysis of information in digital form, such as text, information in digital form, such as text, sounds, images or data, generally known as sounds, images or data, generally known as text and data mining. Those technologies text and data mining. Those technologies allow researchers to process large amounts allow researchers to process large amounts of information to gain new knowledge and of information to gain new knowledge and discover new trends. Whilst text and data discover new trends. Whilst text and data mining technologies are prevalent across mining technologies are prevalent across the digital economy, there is widespread the digital economy, there is widespread acknowledgment that text and data mining acknowledgment that text and data mining can in particular benefit the research can in particular benefit the research community and in so doing encourage community and in so doing encourage innovation. However, in the Union, innovation, growth and jobs. However, in research organisations such as universities the Union, research organisations such as and research institutes are confronted with universities and research institutes are legal uncertainty as to the extent to which confronted with legal uncertainty as to the they can perform text and data mining of extent to which they can perform text and content. In certain instances, text and data data mining of content. In certain mining may involve acts protected by instances, text and data mining may copyright and/or by the sui generis involve acts protected by copyright and/or database right, notably the reproduction of by the sui generis database right, notably works or other subject-matter and/or the the reproduction of works or other subject- extraction of contents from a database. matter and/or the extraction of contents Where there is no exception or limitation from a database. Where there is no which applies, an authorisation to exception or limitation which applies, an undertake such acts would be required authorisation to undertake such acts would PE592.364v01-00 10/151 AM\1107736EN.docx EN from rightholders. Text and data mining be required from rightholders. Text and may also be carried out in relation to mere data mining may also be carried out in facts or data which are not protected by relation to mere facts or data which are not copyright and in such instances no protected by copyright and in such authorisation would be required. instances no authorisation would be required.
Or. en
Amendment 20 Julie Ward
Proposal for a directive Recital 8
Text proposed by the Commission Amendment
(8) New technologies enable the (8) New technologies enable the automated computational analysis of automated computational analysis of information in digital form, such as text, information in digital form, such as text, sounds, images or data, generally known as sounds, images or data, generally known as text and data mining. Those technologies text and data mining. Those technologies allow researchers to process large amounts allow researchers to process large amounts of information to gain new knowledge and of information to gain new knowledge and discover new trends. Whilst text and data discover new trends. Whilst text and data mining technologies are prevalent across mining technologies are prevalent across the digital economy, there is widespread the digital economy, there is widespread acknowledgment that text and data mining acknowledgment that text and data mining can in particular benefit the research can in particular benefit the research community and in so doing encourage community and in so doing encourage innovation. However, in the Union, innovation, sustainable growth and jobs. research organisations such as universities However, in the Union, research and research institutes are confronted with organisations such as universities and legal uncertainty as to the extent to which research institutes are confronted with legal they can perform text and data mining of uncertainty as to the extent to which they content. In certain instances, text and data can perform text and data mining of mining may involve acts protected by content. In certain instances, text and data copyright and/or by the sui generis mining may involve acts protected by database right, notably the reproduction of copyright and/or by the sui generis works or other subject-matter and/or the database right, notably the reproduction of extraction of contents from a database. works or other subject-matter and/or the Where there is no exception or limitation extraction of contents from a database. which applies, an authorisation to Where there is no exception or limitation undertake such acts would be required which applies, an authorisation to from rightholders. Text and data mining undertake such acts would be required may also be carried out in relation to mere from rightholders. Text and data mining facts or data which are not protected by may also be carried out in relation to mere copyright and in such instances no facts or data which are not protected by copyright and in such instances no AM\1107736EN.docx 11/151 PE592.364v01-00 EN authorisation would be required. authorisation would be required.
Or. en
Amendment 21 Pilar del Castillo Vera
Proposal for a directive Recital 8 a (new)
Text proposed by the Commission Amendment
(8 a) New technologies enable the automated computational analysis of information in digital form, such as text, sounds, images or data, generally known as text and data mining. Those technologies allow researchers to process large amounts of information to gain new knowledge and discover new trends. Whilst text and data mining technologies are prevalent across the digital economy, there is widespread acknowledgment that text and data mining can in particular benefit the research community and in so doing encourage innovation. However, in the Union, research organisations such as universities and research institutes as well as public and private organizations, start ups and individuals are confronted with legal uncertainty as to the extent to which they can perform text and data mining of content. In certain instances, text and data mining may involve acts protected by copyright and/or by the sui generis database right, notably the reproduction of works or other subject-matter and/or the extraction of contents from a database. Where there is no exception or limitation which applies, an authorisation to undertake such acts would be required from rightholders. Text and data mining may also be carried out in relation to mere facts or data which are not protected by copyright and in such instances no authorisation would be required.
Or. en
PE592.364v01-00 12/151 AM\1107736EN.docx EN
Amendment 22 Dario Tamburrano, Isabella Adinolfi, David Borrelli, Laura Ferrara
Proposal for a directive Recital 9
Text proposed by the Commission Amendment
(9) Union law already provides certain (9) Union law already provides certain exceptions and limitations covering uses exceptions and limitations covering uses for scientific research purposes which may for scientific research purposes which may apply to acts of text and data mining. apply to acts of text and data mining. However, those exceptions and limitations However, those exceptions and limitations are optional and not fully adapted to the are optional and not fully adapted to the use of technologies in scientific research. use of technologies in scientific research. Moreover, where researchers have lawful Moreover, where individuals and legal access to content, for example through entities have lawful access to content, for subscriptions to publications or open example through subscriptions to access licences, the terms of the licences publications or open access licences, the may exclude text and data mining. As terms of the licences may exclude text and research is increasingly carried out with the data mining. As both research and assistance of digital technology, there is a business are increasingly carried out with risk that the Union's competitive position the assistance of digital technology, there is as a research area will suffer unless steps a risk that the Union's competitive position are taken to address the legal uncertainty as a research area will suffer unless steps for text and data mining. are taken to address the legal uncertainty for text and data mining.
Or. en
Amendment 23 Rolandas Paksas
Proposal for a directive Recital 9
Text proposed by the Commission Amendment
(9) Union law already provides certain (9) Union law already provides certain exceptions and limitations covering uses exceptions and limitations covering uses for scientific research purposes which may for scientific research purposes which may apply to acts of text and data mining. apply to acts of text and data mining. However, those exceptions and limitations However, those exceptions and limitations are optional and not fully adapted to the are optional and not fully adapted to the use of technologies in scientific research. use of technologies in scientific research. Moreover, where researchers have lawful Moreover, where users have lawful access access to content, for example through to content, for example through access to AM\1107736EN.docx 13/151 PE592.364v01-00 EN subscriptions to publications or open the internet or subscriptions to access licences, the terms of the licences publications, the terms of the licences may may exclude text and data mining. As exclude text and data mining. As both research is increasingly carried out with the business and research are increasingly assistance of digital technology, there is a carried out with the assistance of digital risk that the Union's competitive position technology, there is a risk that the Union's as a research area will suffer unless steps competitive position globally will suffer are taken to address the legal uncertainty unless steps are taken to address the legal for text and data mining. uncertainty for text and data mining.
Or. en
Amendment 24 Theresa Griffin, Jude Kirton-Darling, Jeppe Kofod, Mary Honeyball, Clare Moody, Alessia Maria Mosca
Proposal for a directive Recital 9
Text proposed by the Commission Amendment
(9) Union law already provides certain (9) Union law already provides certain exceptions and limitations covering uses exceptions and limitations covering uses for scientific research purposes which may for scientific research purposes which may apply to acts of text and data mining. apply to acts of text and data mining. However, those exceptions and limitations However, those exceptions and limitations are optional and not fully adapted to the are optional and not fully adapted to the use of technologies in scientific research. use of technologies in scientific research. Moreover, where researchers have lawful Moreover, where users have lawful access access to content, for example through to content, for example through subscriptions to publications or open subscriptions to publications or open access licences, the terms of the licences access licences, the terms of the licences may exclude text and data mining. As may exclude text and data mining. As research is increasingly carried out with the research is increasingly carried out with the assistance of digital technology, there is a assistance of digital technology, there is a risk that the Union's competitive position risk that the Union's competitive position as a research area will suffer unless steps as a research area will suffer unless steps are taken to address the legal uncertainty are taken to address the legal uncertainty for text and data mining. for text and data mining.
Or. en
Amendment 25 Pilar del Castillo Vera
Proposal for a directive Recital 9 a (new) PE592.364v01-00 14/151 AM\1107736EN.docx EN
Text proposed by the Commission Amendment
(9 a) Union law already provides certain exceptions and limitations covering uses for scientific research purposes which may apply to acts of text and data mining. However, those exceptions and limitations are optional and not fully adapted to the use of technologies in scientific research. Moreover, where researchers have lawful access to content, for example through subscriptions to publications or open access licences, the terms of the licences may exclude text and data mining. As research is increasingly carried out with the assistance of digital technology, there is a risk that the Union's competitive position as a research area and a data economy leader will suffer unless steps are taken to address the legal uncertainty for text and data mining.
Or. en
Amendment 26 Theresa Griffin, Jude Kirton-Darling, Jeppe Kofod, Mary Honeyball, Clare Moody, Alessia Maria Mosca
Proposal for a directive Recital 9 a (new)
Text proposed by the Commission Amendment
(9 a) Union law should take into consideration that text and data mining has the huge potential to be used in both formal and informal research settings and should recognise the potential of text and data mining to stimulate significant innovation, growth and jobs.
Or. en
Amendment 27 Theresa Griffin, Pervenche Berès, Clare Moody, Jude Kirton-Darling, Mary Honeyball
AM\1107736EN.docx 15/151 PE592.364v01-00 EN Proposal for a directive Recital 10
Text proposed by the Commission Amendment
(10) This legal uncertainty should be (10) This legal uncertainty should be addressed by providing for a mandatory addressed by providing for a mandatory exception to the right of reproduction and exception to the right of reproduction and also to the right to prevent extraction from also to the right to prevent extraction from a database. The new exception should be a database. The new exception should be without prejudice to the existing mandatory without prejudice to the existing mandatory exception on temporary acts of exception on temporary acts of reproduction laid down in Article 5(1) of reproduction laid down in Article 5(1) of Directive 2001/29, which should continue Directive 2001/29, which should continue to apply to text and data mining techniques to apply to text and data mining techniques which do not involve the making of copies which do not involve the making of copies going beyond the scope of that exception. going beyond the scope of that exception. Research organisations should also benefit from the exception when they engage into public-private partnerships.
Or. en
Amendment 28 Dario Tamburrano, Isabella Adinolfi, David Borrelli, Laura Ferrara
Proposal for a directive Recital 10
Text proposed by the Commission Amendment
(10) This legal uncertainty should be (10) This legal uncertainty should be addressed by providing for a mandatory addressed by providing for a mandatory exception to the right of reproduction and exception to the right of reproduction and also to the right to prevent extraction from also to the right to prevent extraction from a database. The new exception should be a database, including raw data. The new without prejudice to the existing mandatory exception should be without prejudice to exception on temporary acts of the existing mandatory exception on reproduction laid down in Article 5(1) of temporary acts of reproduction laid down Directive 2001/29, which should continue in Article 5(1) of Directive 2001/29, which to apply to text and data mining techniques should continue to apply to text and data which do not involve the making of copies mining techniques which do not involve going beyond the scope of that exception. the making of copies going beyond the Research organisations should also scope of that exception. Legal entities benefit from the exception when they should also benefit from the exception engage into public-private partnerships. when they engage into public-private partnerships.
Or. en PE592.364v01-00 16/151 AM\1107736EN.docx EN
Amendment 29 Rolandas Paksas
Proposal for a directive Recital 11
Text proposed by the Commission Amendment
(11) Research organisations across the deleted Union encompass a wide variety of entities the primary goal of which is to conduct scientific research or to do so together with the provision of educational services. Due to the diversity of such entities, it is important to have a common understanding of the beneficiaries of the exception. Despite different legal forms and structures, research organisations across Member States generally have in common that they act either on a not for profit basis or in the context of a public- interest mission recognised by the State. Such a public-interest mission may, for example, be reflected through public funding or through provisions in national laws or public contracts. At the same time, organisations upon which commercial undertakings have a decisive influence allowing them to exercise control because of structural situations such as their quality of shareholders or members, which may result in preferential access to the results of the research, should not be considered research organisations for the purposes of this Directive.
Or. en
Amendment 30 Dario Tamburrano, Isabella Adinolfi, David Borrelli
Proposal for a directive Recital 11
Text proposed by the Commission Amendment
(11) Research organisations across the deleted AM\1107736EN.docx 17/151 PE592.364v01-00 EN Union encompass a wide variety of entities the primary goal of which is to conduct scientific research or to do so together with the provision of educational services. Due to the diversity of such entities, it is important to have a common understanding of the beneficiaries of the exception. Despite different legal forms and structures, research organisations across Member States generally have in common that they act either on a not for profit basis or in the context of a public- interest mission recognised by the State. Such a public-interest mission may, for example, be reflected through public funding or through provisions in national laws or public contracts. At the same time, organisations upon which commercial undertakings have a decisive influence allowing them to exercise control because of structural situations such as their quality of shareholders or members, which may result in preferential access to the results of the research, should not be considered research organisations for the purposes of this Directive.
Or. en
Amendment 31 Angelika Niebler, Herbert Reul, Christian Ehler, Pascal Arimont, Esther de Lange
Proposal for a directive Recital 11
Text proposed by the Commission Amendment
(11) Research organisations across the (11) Research organisations across the Union encompass a wide variety of entities Union encompass a wide variety of entities the primary goal of which is to conduct the primary goal of which is to conduct scientific research or to do so together with scientific research or to do so together with the provision of educational services. Due the provision of educational services. Due to the diversity of such entities, it is to the diversity of such entities, it is important to have a common understanding important to have a common understanding of the beneficiaries of the exception. of the beneficiaries of the exception. Despite different legal forms and Despite different legal forms and structures, research organisations across structures, research organisations across Member States generally have in common Member States generally have in common that they act either on a not for profit basis that they act either on a not for profit, non- PE592.364v01-00 18/151 AM\1107736EN.docx EN or in the context of a public-interest commercial basis or in the context of a mission recognised by the State. Such a public-interest mission recognised by the public-interest mission may, for example, State. Such a public-interest mission may, be reflected through public funding or for example, be reflected through public through provisions in national laws or funding or through provisions in national public contracts. At the same time, laws or public contracts. At the same time, organisations upon which commercial organisations that undertake text and data undertakings have a decisive influence mining for commercial purposes as well allowing them to exercise control because as organisations upon which commercial of structural situations such as their quality undertakings have a decisive influence of shareholders or members, which may allowing them to exercise control because result in preferential access to the results of of structural situations such as their quality the research, should not be considered of shareholders or members, which may research organisations for the purposes of result in preferential access to the results of this Directive. the research, should not be considered research organisations for the purposes of this Directive. In case a research organization is part of a public-private partnership and engages in text and data mining for the benefit of the commercial undertaking, the commercial undertaking should also acquire lawful access through the rightholder.
Or. en
Amendment 32 Anne Sander, Françoise Grossetête
Proposal for a directive Recital 11
Text proposed by the Commission Amendment
(11) Research organisations across the (11) Research organisations across the Union encompass a wide variety of entities Union encompass a wide variety of entities the primary goal of which is to conduct the primary goal of which is to conduct scientific research or to do so together with scientific research or to do so together with the provision of educational services. Due the provision of educational services. Due to the diversity of such entities, it is to the diversity of such entities, it is important to have a common understanding important to have a common understanding of the beneficiaries of the exception. of the beneficiaries of the exception. Despite different legal forms and Despite different legal forms and structures, research organisations across structures, research organisations across Member States generally have in common Member States generally have in common that they act either on a not for profit basis that they act either on a not for profit basis or in the context of a public-interest non commercial basis, or in the context of mission recognised by the State. Such a a public-interest mission recognised by the public-interest mission may, for example, State. Such a public-interest mission may, AM\1107736EN.docx 19/151 PE592.364v01-00 EN be reflected through public funding or for example, be reflected through public through provisions in national laws or funding or through provisions in national public contracts. At the same time, laws or public contracts. Organisations organisations upon which commercial which seek to obtain a commercial profit undertakings have a decisive influence on their investment in text and data allowing them to exercise control because mining should not be considered research of structural situations such as their quality organisations for the purposes of this of shareholders or members, which may Directive. At the same time, organisations result in preferential access to the results of upon which commercial undertakings have the research, should not be considered a significant influence allowing them to research organisations for the purposes of exercise control because of structural this Directive. situations such as their quality of shareholders or members, which may result in preferential access to the results of the research, should not be considered research organisations for the purposes of this Directive.
Or. en
Amendment 33 Rolandas Paksas
Proposal for a directive Recital 12
Text proposed by the Commission Amendment
(12) In view of a potentially high (12) In view of a potentially high number of access requests to and number of access requests to and downloads of their works or other subject- downloads of their works or other subject- matter, rightholders should be allowed to matter, rightholders should be allowed to apply measures where there is risk that the apply measures where there is risk that the security and integrity of the system or security of the system or databases where databases where the works or other the works or other subject-matter are subject-matter are hosted would be hosted could be jeopardised. Those jeopardised. Those measures should not measures should not exceed what is exceed what is necessary to pursue the necessary to pursue the objective of objective of ensuring the security and ensuring the security of the system and integrity of the system and should not should not undermine the effective undermine the effective application of the application of the exception. exception.
Or. en
Amendment 34 Angelika Niebler, Herbert Reul, Pascal Arimont, Esther de Lange PE592.364v01-00 20/151 AM\1107736EN.docx EN
Proposal for a directive Recital 13
Text proposed by the Commission Amendment
(13) There is no need to provide for deleted compensation for rightholders as regards uses under the text and data mining exception introduced by this Directive given that in view of the nature and scope of the exception the harm should be minimal.
Or. en
Amendment 35 Theresa Griffin, Jude Kirton-Darling, Mary Honeyball, Clare Moody
Proposal for a directive Recital 13
Text proposed by the Commission Amendment
(13) There is no need to provide for (13) There is no need to provide for compensation for rightholders as regards compensation for rightholders as regards uses under the text and data mining uses under the text and data mining exception introduced by this Directive exception introduced by this Directive given that in view of the nature and scope given that in view of the nature and scope of the exception the harm should be of the exception. It should be noted that a minimal. license is still required to access research for text and data mining and any further compensation for rightsholders is unnecessary.
Or. en
Amendment 36 Barbara Kappel, Angelo Ciocca, Lorenzo Fontana
Proposal for a directive Recital 13 a (new)
Text proposed by the Commission Amendment
(13 a) Where information society service providers store and provide access to the
AM\1107736EN.docx 21/151 PE592.364v01-00 EN public to copyright protected works or other subject-matter uploaded by their users, therefore going beyond the mere provision of physical facilities and performing an act of communication to the public, as well as an act of reproduction, they are obliged to conclude licensing agreements with rightholders, unless they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council.
Or. en
Amendment 37 Dario Tamburrano, Isabella Adinolfi, David Borrelli, Laura Ferrara
Proposal for a directive Recital 14
Text proposed by the Commission Amendment
(14) Article 5(3)(a) of Directive (14) Article 5(3)(a) of Directive 2001/29/EC allows Member States to 2001/29/EC allows Member States to introduce an exception or limitation to the introduce an exception or limitation to the rights of reproduction, communication to rights of reproduction, communication to the public and making available to the the public and making available to the public for the sole purpose of, among public for the purpose of illustration for others, illustration for teaching. In teaching or scientific research. In addition, addition, Articles 6(2)(b) and 9(b) of Articles 6(2)(b) and 9(b) of Directive Directive 96/9/EC permit the use of a 96/9/EC permit the use of a database and database and the extraction or re-utilization the extraction or re-utilization of a of a substantial part of its contents for the substantial part of its contents for the purpose of illustration for teaching. The purpose of illustration for teaching. The scope of those exceptions or limitations as scope of those exceptions or limitations as they apply to digital uses is unclear. In they apply to digital uses is unclear. In addition, there is a lack of clarity as to addition, there is a lack of clarity as to whether those exceptions or limitations whether those exceptions or limitations would apply where teaching is provided would apply where teaching is provided online and thereby at a distance. Moreover, online and thereby at a distance. Moreover, the existing framework does not provide the existing framework does not provide for a cross-border effect. This situation for a cross-border effect, nor allow the may hamper the development of digitally- application of such exceptions or supported teaching activities and distance limitations to private study purposes. This learning. Therefore, the introduction of a situation may hamper the development of new mandatory exception or limitation is digitally-supported teaching activities and necessary to ensure that educational distance learning, scientific research and establishments benefit from full legal private study. Therefore, the introduction PE592.364v01-00 22/151 AM\1107736EN.docx EN certainty when using works or other of a new mandatory exception is necessary subject-matter in digital teaching activities, to ensure full legal certainty when using including online and across borders. works or other subject-matter in all teaching activities, scientific research and private study, including digital,online and across borders.
Or. en
Amendment 38 Rolandas Paksas
Proposal for a directive Recital 14
Text proposed by the Commission Amendment
(14) Article 5(3)(a) of Directive (14) Article 5(3)(a) of Directive 2001/29/EC allows Member States to 2001/29/EC allows Member States to introduce an exception or limitation to the introduce an exception or limitation to the rights of reproduction, communication to rights of reproduction, communication to the public and making available to the the public and making available to the public for the sole purpose of, among public for the sole purpose of, among others, illustration for teaching. In addition, others, illustration for teaching. In addition, Articles 6(2)(b) and 9(b) of Directive Articles 6(2)(b) and 9(b) of Directive 96/9/EC permit the use of a database and 96/9/EC permit the use of a database and the extraction or re-utilization of a the extraction or re-utilization of a substantial part of its contents for the substantial part of its contents for the purpose of illustration for teaching. The purpose of illustration for teaching. In scope of those exceptions or limitations as addition to uneven application across EU they apply to digital uses is unclear. In Member States, the scope of those addition, there is a lack of clarity as to exceptions or limitations as they apply to whether those exceptions or limitations digital uses is unclear. In addition, there is would apply where teaching is provided a lack of clarity as to whether those online and thereby at a distance. Moreover, exceptions or limitations would apply the existing framework does not provide where teaching is provided online and for a cross-border effect. This situation thereby at a distance. Moreover, the may hamper the development of digitally- existing framework does not provide for a supported teaching activities and distance cross-border effect. This situation may learning. Therefore, the introduction of a hamper the development of digitally- new mandatory exception or limitation is supported teaching activities and distance necessary to ensure that educational learning. Therefore, the introduction of a establishments benefit from full legal new mandatory exception or limitation is certainty when using works or other necessary to ensure that educational subject-matter in digital teaching activities, establishments benefit from full legal including online and across borders. certainty when using works or other subject-matter in all teaching activities, including online and across borders.
AM\1107736EN.docx 23/151 PE592.364v01-00 EN Or. en
Amendment 39 Theresa Griffin, Miriam Dalli, Jude Kirton-Darling, Clare Moody, Mary Honeyball, Alessia Maria Mosca, Julie Ward, Jeppe Kofod
Proposal for a directive Recital 14
Text proposed by the Commission Amendment
(14) Article 5(3)(a) of Directive (14) Article 5(3)(a) of Directive 2001/29/EC allows Member States to 2001/29/EC allows Member States to introduce an exception or limitation to the introduce an exception or limitation to the rights of reproduction, communication to rights of reproduction, communication to the public and making available to the the public and making available to the public for the sole purpose of, among public for the sole purpose of, among others, illustration for teaching. In addition, others, illustration for teaching. In addition, Articles 6(2)(b) and 9(b) of Directive Articles 6(2)(b) and 9(b) of Directive 96/9/EC permit the use of a database and 96/9/EC permit the use of a database and the extraction or re-utilization of a the extraction or re-utilization of a substantial part of its contents for the substantial part of its contents for the purpose of illustration for teaching. The purpose of illustration for teaching. scope of those exceptions or limitations as Alongside uneven application in Member they apply to digital uses is unclear. In States, the scope of those exceptions or addition, there is a lack of clarity as to limitations as they apply to digital uses is whether those exceptions or limitations unclear. In addition, there is a lack of would apply where teaching is provided clarity as to whether those exceptions or online and thereby at a distance. Moreover, limitations would apply where teaching is the existing framework does not provide provided online and thereby at a distance. for a cross-border effect. This situation Moreover, the existing framework does not may hamper the development of digitally- provide for a cross-border effect. This supported teaching activities and distance situation may hamper the development of learning. Therefore, the introduction of a digitally-supported teaching activities and new mandatory exception or limitation is distance learning. Therefore, the necessary to ensure that educational introduction of a new mandatory exception establishments benefit from full legal or limitation is necessary to ensure that certainty when using works or other educational establishments benefit from subject-matter in digital teaching activities, full legal certainty when using works or including online and across borders. other subject-matter in all teaching activities, including online and across borders.
Or. en
Amendment 40 Dario Tamburrano, Isabella Adinolfi, David Borrelli, Laura Ferrara PE592.364v01-00 24/151 AM\1107736EN.docx EN
Proposal for a directive Recital 15
Text proposed by the Commission Amendment
(15) While distance learning and cross- (15) While distance learning and cross- border education programmes are mostly border education programmes are mostly developed at higher education level, digital developed at higher education level, digital tools and resources are increasingly used at tools and resources are increasingly used at all education levels, in particular to all education levels, in particular to improve and enrich the learning improve and enrich the learning experience. The exception or limitation experience. Such tools are also used in provided for in this Directive should scientific research and private study therefore benefit all educational activities. The exception provided for in establishments in primary, secondary, this Directive should therefore benefit all vocational and higher education to the educational, scientific and private study extent they pursue their educational activities for a non-commercial purpose. activity for a non-commercial purpose. The organisational structure and the means of funding of an educational establishment are not the decisive factors to determine the non-commercial nature of the activity.
Or. en
Amendment 41 Rolandas Paksas
Proposal for a directive Recital 15
Text proposed by the Commission Amendment
(15) While distance learning and cross- (15) While distance learning and cross- border education programmes are mostly border education programmes are mostly developed at higher education level, digital developed at higher education level, digital tools and resources are increasingly used at tools and resources are increasingly used at all education levels, in particular to all education levels, in particular to improve and enrich the learning improve and enrich the learning experience. The exception or limitation experience. The exception or limitation provided for in this Directive should provided for in this Directive should therefore benefit all educational therefore benefit all educational establishments in primary, secondary, establishments in primary, secondary, vocational and higher education to the vocational and higher education as well as extent they pursue their educational organisations such as libraries and other activity for a non-commercial purpose. The cultural heritage institutions providing organisational structure and the means of non-formal or informal education, to the funding of an educational establishment are extent they pursue their educational AM\1107736EN.docx 25/151 PE592.364v01-00 EN not the decisive factors to determine the activity for a non-commercial purpose. The non-commercial nature of the activity. organisational structure and the means of funding of an educational establishment are not the decisive factors to determine the non-commercial nature of the activity.
Or. en
Amendment 42 Theresa Griffin, Miriam Dalli, Jude Kirton-Darling, Jeppe Kofod, Mary Honeyball, Julie Ward, Clare Moody, Alessia Maria Mosca, Jens Geier
Proposal for a directive Recital 15
Text proposed by the Commission Amendment
(15) While distance learning and cross- (15) While distance learning and cross- border education programmes are mostly border education programmes are mostly developed at higher education level, digital developed at higher education level, digital tools and resources are increasingly used at tools and resources are increasingly used at all education levels, in particular to all education levels, in particular to improve and enrich the learning improve and enrich the learning experience. The exception or limitation experience. The exception or limitation provided for in this Directive should provided for in this Directive should therefore benefit all educational therefore benefit all educational establishments in primary, secondary, establishments in primary, secondary, vocational and higher education to the vocational, higher education, formal and extent they pursue their educational non-formal educational settings, activity for a non-commercial purpose. The especially libraries and other cultural organisational structure and the means of heritage institutions, to the extent they funding of an educational establishment are pursue their educational activity for a non- not the decisive factors to determine the commercial purpose. The organisational non-commercial nature of the activity. structure and the means of funding of an educational establishment are not the decisive factors to determine the non- commercial nature of the activity.
Or. en
Amendment 43 Dario Tamburrano, Isabella Adinolfi, David Borrelli, Laura Ferrara
Proposal for a directive Recital 16
PE592.364v01-00 26/151 AM\1107736EN.docx EN Text proposed by the Commission Amendment
(16) The exception or limitation should (16) The exception should cover all uses cover digital uses of works and other of works and other subject-matter such as subject-matter such as the use of parts or the use of parts or extracts of works to extracts of works to support, enrich or support, enrich or complement the complement the teaching, including the teaching, including the related learning related learning activities. The use of the activities, the scientific research and works or other subject-matter under the private study. The exception should be exception or limitation should be only in understood as covering the specific the context of teaching and learning accessibility needs of persons with a activities carried out under the disability in the context of illustration for responsibility of educational teaching or scientific research, as well as establishments, including during private study. examinations, and be limited to what is necessary for the purpose of such activities. The exception or limitation should cover both uses through digital means in the classroom and online uses through the educational establishment's secure electronic network, the access to which should be protected, notably by authentication procedures. The exception or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching.
Or. en
Amendment 44 Theresa Griffin, Miriam Dalli, Jude Kirton-Darling, Jeppe Kofod, Mary Honeyball, Clare Moody, Alessia Maria Mosca
Proposal for a directive Recital 16
Text proposed by the Commission Amendment
(16) The exception or limitation should (16) The exception or limitation should cover digital uses of works and other cover all uses of works and other subject- subject-matter such as the use of parts or matter such as the use of parts or extracts extracts of works to support, enrich or of works to support, enrich or complement complement the teaching, including the the teaching, including the related learning related learning activities. The use of the activities. The use of the works or other works or other subject-matter under the subject-matter under the exception or exception or limitation should be only in limitation should be only in the context of the context of teaching and learning teaching and learning activities carried out activities carried out under the under the responsibility of educational AM\1107736EN.docx 27/151 PE592.364v01-00 EN responsibility of educational establishments, in both formal and non- establishments, including during formal educational settings, especially examinations, and be limited to what is libraries and other cultural heritage necessary for the purpose of such activities. institutions, including during The exception or limitation should cover examinations, and be limited to what is both uses through digital means in the necessary for the purpose of such activities. classroom and online uses through the The exception or limitation should cover educational establishment's secure both uses through digital means in the electronic network, the access to which classroom and online uses through the should be protected, notably by educational establishment's secure authentication procedures. The exception electronic network, the access to which or limitation should be understood as should be protected, notably by covering the specific accessibility needs of authentication procedures. The exception persons with a disability in the context of or limitation should be understood as illustration for teaching. covering the specific accessibility needs of persons with a disability in the context of illustration for teaching. Compensation mechanisms should be only used in cases where there is unreasonable prejudice to the rightholders.
Or. en
Amendment 45 Rolandas Paksas
Proposal for a directive Recital 16
Text proposed by the Commission Amendment
(16) The exception or limitation should (16) The exception or limitation should cover digital uses of works and other cover all uses of works and other subject- subject-matter such as the use of parts or matter such as the use of parts or extracts extracts of works to support, enrich or of works to support, enrich or complement complement the teaching, including the the teaching, including the related learning related learning activities. The use of the activities. The use of the works or other works or other subject-matter under the subject-matter, digital or otherwise, under exception or limitation should be only in the exception or limitation should be only the context of teaching and learning in the context of teaching and learning activities carried out under the activities carried out under the responsibility of educational responsibility of educational establishments, including during establishments, including organisations examinations, and be limited to what is such as libraries and other cultural necessary for the purpose of such activities. heritage institutions providing non-formal The exception or limitation should cover or informal education, including during both uses through digital means in the examinations, and be limited to what is classroom and online uses through the necessary for the purpose of such activities. educational establishment's secure The exception or limitation should cover PE592.364v01-00 28/151 AM\1107736EN.docx EN electronic network, the access to which both uses through digital means in the should be protected, notably by classroom and online uses through the authentication procedures. The exception educational establishment's secure or limitation should be understood as electronic network, the access to which covering the specific accessibility needs of should be protected, notably by persons with a disability in the context of authentication procedures. The exception illustration for teaching. or limitation should be understood as covering the specific accessibility needs of persons with a disability in the context of illustration for teaching.
Or. en
Amendment 46 Dario Tamburrano, Isabella Adinolfi, David Borrelli, Laura Ferrara
Proposal for a directive Recital 17
Text proposed by the Commission Amendment
(17) Different arrangements, based on (17) Different arrangements, based on the implementation of the exception the implementation of the exception provided for in Directive 2001/29/EC or on provided for in Directive 2001/29/EC or on licensing agreements covering further uses, licensing agreements covering further uses, are in place in a number of Member States are in place in a number of Member States in order to facilitate educational uses of in order to facilitate educational uses of works and other subject-matter. Such works and other subject-matter. Such arrangements have usually been developed arrangements have usually been developed taking account of the needs of educational taking account of the needs of educational establishments and different levels of establishments and different levels of education. Whereas it is essential to education. Whereas it is essential to harmonise the scope of the new mandatory harmonise the scope of the new mandatory exception or limitation in relation to exception in relation to all uses and cross- digital uses and cross-border teaching border teaching activities, scientific activities, the modalities of implementation research and private study, the modalities may differ from a Member State to of implementation may differ from a another, to the extent they do not hamper Member State to another, to the extent they the effective application of the exception do not hamper in any way the effective or limitation or cross-border uses. This application of the exception or cross- should allow Member States to build on border uses. the existing arrangements concluded at national level. In particular, Member States could decide to subject the application of the exception or limitation, fully or partially, to the availability of adequate licences, covering at least the same uses as those allowed under the exception. This mechanism would, for AM\1107736EN.docx 29/151 PE592.364v01-00 EN example, allow giving precedence to licences for materials which are primarily intended for the educational market. In order to avoid that such mechanism results in legal uncertainty or administrative burden for educational establishments, Member States adopting this approach should take concrete measures to ensure that licensing schemes allowing digital uses of works or other subject-matter for the purpose of illustration for teaching are easily available and that educational establishments are aware of the existence of such licensing schemes.
Or. en
Amendment 47 Rolandas Paksas
Proposal for a directive Recital 17
Text proposed by the Commission Amendment
(17) Different arrangements, based on (17) Different arrangements, based on the implementation of the exception the implementation of the exception provided for in Directive 2001/29/EC or on provided for in Directive 2001/29/EC or on licensing agreements covering further uses, licensing agreements covering further uses, are in place in a number of Member States are in place in a number of Member States in order to facilitate educational uses of in order to facilitate educational uses of works and other subject-matter. Such works and other subject-matter. Such arrangements have usually been developed arrangements have usually been developed taking account of the needs of educational taking account of the needs of educational establishments and different levels of establishments and different levels of education. Whereas it is essential to education. Whereas it is essential to harmonise the scope of the new mandatory harmonise the scope of the new mandatory exception or limitation in relation to digital exception or limitation in relation to digital uses and cross-border teaching activities, uses and cross-border teaching activities, the modalities of implementation may the modalities of implementation may differ from a Member State to another, to differ from a Member State to another, to the extent they do not hamper the effective the extent they do not hamper the effective application of the exception or limitation or application of the exception or limitation or cross-border uses. This should allow cross-border uses. As such, any other Member States to build on the existing compensation mechanisms should be arrangements concluded at national level. limited to cases where there is a risk of In particular, Member States could decide unreasonable prejudice to the legitimate to subject the application of the exception PE592.364v01-00 30/151 AM\1107736EN.docx EN or limitation, fully or partially, to the interests of rightholders. availability of adequate licences, covering at least the same uses as those allowed under the exception. This mechanism would, for example, allow giving precedence to licences for materials which are primarily intended for the educational market. In order to avoid that such mechanism results in legal uncertainty or administrative burden for educational establishments, Member States adopting this approach should take concrete measures to ensure that licensing schemes allowing digital uses of works or other subject-matter for the purpose of illustration for teaching are easily available and that educational establishments are aware of the existence of such licensing schemes.
Or. en
Amendment 48 Theresa Griffin, Miriam Dalli, Jude Kirton-Darling, Jeppe Kofod, Mary Honeyball, Julie Ward, Clare Moody, Alessia Maria Mosca
Proposal for a directive Recital 18
Text proposed by the Commission Amendment
(18) An act of preservation may require (18) An act of preservation may require a reproduction of a work or other subject- a reproduction of a work or other subject- matter in the collection of a cultural matter in the collection of a cultural heritage institution and consequently the heritage institution and consequently the authorisation of the relevant rightholders. authorisation of the relevant rightholders. Cultural heritage institutions are engaged Cultural heritage institutions, research in the preservation of their collections for organisations and educational future generations. Digital technologies establishments, both formal and non- offer new ways to preserve the heritage formal, are engaged in the preservation of contained in those collections but they also their collections for future generations. create new challenges. In view of these Digital technologies offer new ways to new challenges, it is necessary to adapt the preserve the heritage contained in those current legal framework by providing a collections but they also create new mandatory exception to the right of challenges. In view of these new reproduction in order to allow those acts of challenges, it is necessary to adapt the preservation. current legal framework by providing a mandatory exception to the right of reproduction in order to allow those acts of AM\1107736EN.docx 31/151 PE592.364v01-00 EN preservation.
Or. en
Amendment 49 Theresa Griffin, Miriam Dalli, Giorgos Grammatikakis, Jude Kirton-Darling, Jeppe Kofod, Mary Honeyball, Pervenche Berès, Julie Ward, Clare Moody, Alessia Maria Mosca, Jens Geier
Proposal for a directive Recital 19
Text proposed by the Commission Amendment
(19) Different approaches in the (19) Different approaches in the Member States for acts of preservation by Member States for acts of preservation by cultural heritage institutions hamper cross- cultural heritage institutions hamper cross- border cooperation and the sharing of border cooperation and the sharing of means of preservation by cultural heritage means of preservation by cultural heritage institutions in the internal market, leading institutions in the internal market, leading to an inefficient use of resources. to an inefficient use of resources. Member States should facilitate the cross-border sharing of best-practice, new technologies and preservation techniques.
Or. en
Amendment 50 Rolandas Paksas
Proposal for a directive Recital 19
Text proposed by the Commission Amendment
(19) Different approaches in the (19) Different approaches in the Member States for acts of preservation by Member States for acts of preservation by cultural heritage institutions hamper cross- cultural heritage institutions, research border cooperation and the sharing of organisations, and educational means of preservation by cultural heritage establishments hamper cross-border institutions in the internal market, leading cooperation and the sharing of means of to an inefficient use of resources. preservation by cultural heritage institutions in the internal market, leading to an inefficient use of resources.
Or. en
PE592.364v01-00 32/151 AM\1107736EN.docx EN
Amendment 51 Theresa Griffin, Miriam Dalli, Jude Kirton-Darling, Jeppe Kofod, Mary Honeyball, Julie Ward, Clare Moody, Alessia Maria Mosca
Proposal for a directive Recital 20
Text proposed by the Commission Amendment
(20) Member States should therefore be (20) Member States should therefore be required to provide for an exception to required to provide for an exception to permit cultural heritage institutions to permit cultural heritage institutions, reproduce works and other subject-matter research organisations and educational permanently in their collections for establishments, both formal and non- preservation purposes, for example to formal, to reproduce works and other address technological obsolescence or the subject-matter permanently in their degradation of original supports. Such an collections for preservation purposes, for exception should allow for the making of example to address technological copies by the appropriate preservation tool, obsolescence or the degradation of original means or technology, in the required supports. Such an exception should allow number and at any point in the life of a for the making of copies by the appropriate work or other subject-matter to the extent preservation tool, means or technology, in required in order to produce a copy for the required number and at any point in the preservation purposes only. life of a work or other subject-matter to the extent required in order to produce a copy for preservation purposes only.
Or. en
Amendment 52 Rolandas Paksas
Proposal for a directive Recital 20
Text proposed by the Commission Amendment
(20) Member States should therefore be (20) Member States should therefore be required to provide for an exception to required to provide for an exception to permit cultural heritage institutions to permit cultural heritage institutions, reproduce works and other subject-matter research organisations, and educational permanently in their collections for establishments to reproduce works and preservation purposes, for example to other subject-matter permanently in their address technological obsolescence or the collections for preservation purposes, for degradation of original supports. Such an example to address technological exception should allow for the making of obsolescence or the degradation of original copies by the appropriate preservation tool, supports. Such an exception should allow AM\1107736EN.docx 33/151 PE592.364v01-00 EN means or technology, in the required for the making of copies by the appropriate number and at any point in the life of a preservation tool, means or technology, in work or other subject-matter to the extent the required number and at any point in the required in order to produce a copy for life of a work or other subject-matter to the preservation purposes only. extent required in order to produce a copy for preservation purposes only.
Or. en
Amendment 53 Theresa Griffin, Miriam Dalli, Jude Kirton-Darling, Jeppe Kofod, Mary Honeyball, Julie Ward, Clare Moody, Alessia Maria Mosca
Proposal for a directive Recital 21
Text proposed by the Commission Amendment
(21) For the purposes of this Directive, (21) For the purposes of this Directive, works and other subject-matter should be works and other subject-matter should be considered to be permanently in the considered to be permanently in the collection of a cultural heritage institution collection of a cultural heritage institution when copies are owned or permanently when copies are owned, held on long-term held by the cultural heritage institution, for loan or permanently held by the cultural example as a result of a transfer of heritage institution, research organisations ownership or licence agreements. and educational establishments, both formal and non-formal, including transfer of ownership or licence agreements.
Or. en
Amendment 54 Barbara Kappel, Angelo Ciocca, Lorenzo Fontana
Proposal for a directive Recital 21
Text proposed by the Commission Amendment
(21) For the purposes of this Directive, (21) For the purposes of this Directive, works and other subject-matter should be works and other subject-matter should be considered to be permanently in the considered to be permanently in the collection of a cultural heritage institution collection of a cultural heritage institution when copies are owned or permanently or educational establishment when copies held by the cultural heritage institution, for are owned or permanently held by the example as a result of a transfer of cultural heritage institution, for example as ownership or licence agreements. a result of a transfer of ownership or PE592.364v01-00 34/151 AM\1107736EN.docx EN licence agreements.
Or. de
Amendment 55 Rolandas Paksas
Proposal for a directive Recital 22
Text proposed by the Commission Amendment
(22) Cultural heritage institutions should (22) Cultural heritage institutions should benefit from a clear framework for the benefit from a clear framework for the digitisation and dissemination, including digitisation and dissemination, including across borders, of out-of-commerce works across borders, of out-of-commerce works or other subject-matter. However, the or other subject-matter. However, the particular characteristics of the collections particular characteristics of the collections of out-of-commerce works mean that of out-of-commerce works mean that obtaining the prior consent of the obtaining the prior consent of the individual rightholders may be very individual rightholders may be very difficult. This can be due, for example, to difficult. This can be due, for example, to the age of the works or other subject- the age of the works or other subject- matter, their limited commercial value or matter, their limited commercial value or the fact that they were never intended for the fact that they were never intended for commercial use. It is therefore necessary to commercial use to begin with. It is provide for measures to facilitate the therefore necessary to provide for licensing of rights in out-of-commerce measures to facilitate the online works that are in the collections of cultural availability of out-of-commerce works heritage institutions and thereby to allow that are in the collections of cultural the conclusion of agreements with cross- heritage in the internal market. . It is border effect in the internal market. therefore necessary to provide for measures to facilitate the licensing of rights in out- of-commerce works that are in the collections of cultural heritage institutions and thereby to allow the conclusion of agreements with cross-border effect in the internal market.
Or. en
Amendment 56 Theresa Griffin, Miriam Dalli, Jude Kirton-Darling, Mary Honeyball, Pervenche Berès, Julie Ward, Clare Moody, Alessia Maria Mosca
Proposal for a directive Recital 23 AM\1107736EN.docx 35/151 PE592.364v01-00 EN
Text proposed by the Commission Amendment
(23) Member States should, within the (23) Member States should, within the framework provided for in this Directive, framework provided for in this Directive, have flexibility in choosing the specific have flexibility in choosing the specific type of mechanism allowing for licences type of mechanism allowing for licences for out-of-commerce works to extend to for out-of-commerce works to extend to the rights of rightholders that are not the rights of rightholders that are either not represented by the collective management represented or not adequately represented organisation, in accordance to their legal by the collective management organisation, traditions, practices or circumstances. Such in accordance to their legal traditions, mechanisms can include extended practices or circumstances. Such collective licensing and presumptions of mechanisms can include extended representation. collective licensing and presumptions of representation.
Or. en
Amendment 57 Rolandas Paksas
Proposal for a directive Recital 25
Text proposed by the Commission Amendment
(25) Considering the variety of works (25) Considering the variety of works and other subject-matter in the collections and other subject-matter in the collections of cultural heritage institutions, it is of cultural heritage institutions, it is important that the licensing mechanisms important that the licensing mechanisms introduced by this Directive are available introduced by this Directive are available and can be used in practice for different and can be used in practice for different types of works and other subject-matter, types of works and other subject-matter, including photographs, sound recordings including photographs, sound recordings and audiovisual works. In order to reflect and audiovisual works. In order to reflect the specificities of different categories of the specificities of different categories of works and other subject-matter as regards works and other subject-matter as regards modes of publication and distribution and modes of publication and distribution and to facilitate the usability of those to facilitate the usability of those mechanisms, specific requirements and mechanisms, specific requirements and procedures may have to be established by procedures may have to be established by Member States for the practical application Member States for the practical application of those licensing mechanisms. It is of those licensing mechanisms. It is appropriate that Member States consult appropriate that Member States consult rightholders, users and collective rightholders, cultural heritage management organisations when doing so. institutions, users and collective management organisations when doing so.
PE592.364v01-00 36/151 AM\1107736EN.docx EN Or. en
Amendment 58 Theresa Griffin, Miriam Dalli, Jude Kirton-Darling, Jeppe Kofod, Mary Honeyball, Pervenche Berès, Julie Ward, Clare Moody, Alessia Maria Mosca
Proposal for a directive Recital 25
Text proposed by the Commission Amendment
(25) Considering the variety of works (25) Considering the variety of works and other subject-matter in the collections and other subject-matter in the collections of cultural heritage institutions, it is of cultural heritage institutions, it is important that the licensing mechanisms important that the licensing mechanisms introduced by this Directive are available introduced by this Directive are available and can be used in practice for different and can be used in practice for different types of works and other subject-matter, types of works and other subject-matter, including photographs, sound recordings including photographs, sound recordings and audiovisual works. In order to reflect and audiovisual works. In order to reflect the specificities of different categories of the specificities of different categories of works and other subject-matter as regards works and other subject-matter as regards modes of publication and distribution and modes of publication and distribution and to facilitate the usability of those to facilitate the usability of those mechanisms, specific requirements and mechanisms, specific requirements and procedures may have to be established by procedures may have to be established by Member States for the practical application Member States for the practical application of those licensing mechanisms. It is of those licensing mechanisms. It is appropriate that Member States consult appropriate that Member States consult rightholders, users and collective rightholders, cultural institutions, users management organisations when doing so. and collective management organisations when doing so.
Or. en
Amendment 59 Eva Kaili
Proposal for a directive Recital 28 a (new)
Text proposed by the Commission Amendment
(28 a) Considering the technological developments in the field of distributed ledger technology, it is important to recognise the opportunity for the
AM\1107736EN.docx 37/151 PE592.364v01-00 EN introduction of public decentralized ledgers, such as blockchain, to register, catalogue and protect against copyright infrigement. Such an application could serve as a registry of ownership, facilitating traceability, and monitoring the use of copyrighted material, creating the conditions to enable the "by default" protection of creators and rightholders.
Or. en
Amendment 60 Eva Kaili
Proposal for a directive Recital 28 b (new)
Text proposed by the Commission Amendment
(28 b) Building on the use of distributed ledger technologies, other than traceability and protection against copyright infringement, the issue of renumeration could be adresssed. The use of smart contracts could revolutionize royalties allocationn making it more transparent, effective and less costly. The parties involved connected by a ntework of a distributed ledger, such as blockchain, could set the contract terms and create automatic procedures that would deliver the royalties, upon usage of the copyrighted material resulting in the fair renumeration of the creators and rightholders.
Or. en
Amendment 61 Barbara Kappel, Angelo Ciocca, Lorenzo Fontana
Proposal for a directive Recital 30
Text proposed by the Commission Amendment
PE592.364v01-00 38/151 AM\1107736EN.docx EN (30) To facilitate the licensing of rights (30) To facilitate the licensing of rights in audiovisual works to video-on-demand in audiovisual works to video-on-demand platforms, this Directive requires Member platforms, this Directive requires Member States to set up a negotiation mechanism States to set up a negotiation mechanism allowing parties willing to conclude an allowing parties willing to conclude an agreement to rely on the assistance of an agreement, including authors, to rely on impartial body. The body should meet with the assistance of an impartial body. The the parties and help with the negotiations body should meet with the parties and help by providing professional and external with the negotiations by providing advice. Against that background, Member professional and external advice. Against States should decide on the conditions of that background, Member States should the functioning of the negotiation decide on the conditions of the functioning mechanism, including the timing and of the negotiation mechanism, including duration of the assistance to negotiations the timing and duration of the assistance to and the bearing of the costs. Member negotiations and the bearing of the costs. States should ensure that administrative Member States should ensure that and financial burdens remain proportionate administrative and financial burdens to guarantee the efficiency of the remain proportionate to guarantee the negotiation forum. efficiency of the negotiation forum.
Or. en
Amendment 62 Miroslav Poche
Proposal for a directive Recital 31
Text proposed by the Commission Amendment
(31) A free and pluralist press is deleted essential to ensure quality journalism and citizens' access to information. It provides a fundamental contribution to public debate and the proper functioning of a democratic society. In the transition from print to digital, publishers of press publications are facing problems in licensing the online use of their publications and recouping their investments. In the absence of recognition of publishers of press publications as rightholders, licensing and enforcement in the digital environment is often complex and inefficient.
Or. cs
AM\1107736EN.docx 39/151 PE592.364v01-00 EN Amendment 63 Dario Tamburrano, Laura Ferrara, Isabella Adinolfi, David Borrelli
Proposal for a directive Recital 31
Text proposed by the Commission Amendment
(31) A free and pluralist press is deleted essential to ensure quality journalism and citizens' access to information. It provides a fundamental contribution to public debate and the proper functioning of a democratic society. In the transition from print to digital, publishers of press publications are facing problems in licensing the online use of their publications and recouping their investments. In the absence of recognition of publishers of press publications as rightholders, licensing and enforcement in the digital environment is often complex and inefficient.
Or. en
Amendment 64 Cora van Nieuwenhuizen, Kaja Kallas
Proposal for a directive Recital 31
Text proposed by the Commission Amendment
(31) A free and pluralist press is (31) A free and pluralist press is essential to ensure quality journalism and essential to ensure quality journalism and citizens' access to information. It provides citizens' access to information. It provides a fundamental contribution to public debate a fundamental contribution to public debate and the proper functioning of a democratic and the proper functioning of a democratic society. In the transition from print to society. In the transition from print to digital, publishers of press publications are digital, publishers of press publications are facing problems in licensing the online use facing problems in licensing the online use of their publications and recouping their of their publications and recouping their investments. In the absence of recognition investments. Licensing and enforcement in of publishers of press publications as the digital environment is often complex rightholders, licensing and enforcement in and inefficient. the digital environment is often complex and inefficient.
PE592.364v01-00 40/151 AM\1107736EN.docx EN Or. en
Amendment 65 Dario Tamburrano, Laura Ferrara, Isabella Adinolfi, David Borrelli
Proposal for a directive Recital 32
Text proposed by the Commission Amendment
(32) The organisational and financial deleted contribution of publishers in producing press publications needs to be recognised and further encouraged to ensure the sustainability of the publishing industry. It is therefore necessary to provide at Union level a harmonised legal protection for press publications in respect of digital uses. Such protection should be effectively guaranteed through the introduction, in Union law, of rights related to copyright for the reproduction and making available to the public of press publications in respect of digital uses.
Or. en
Amendment 66 Miroslav Poche
Proposal for a directive Recital 32
Text proposed by the Commission Amendment
(32) The organisational and financial deleted contribution of publishers in producing press publications needs to be recognised and further encouraged to ensure the sustainability of the publishing industry. It is therefore necessary to provide at Union level a harmonised legal protection for press publications in respect of digital uses. Such protection should be effectively guaranteed through the introduction, in Union law, of rights related to copyright for the reproduction and making available
AM\1107736EN.docx 41/151 PE592.364v01-00 EN to the public of press publications in respect of digital uses.
Or. cs
Amendment 67 Cora van Nieuwenhuizen, Kaja Kallas
Proposal for a directive Recital 32
Text proposed by the Commission Amendment
(32) The organisational and financial (32) The organisational and financial contribution of publishers in producing contribution of publishers in producing press publications needs to be recognised press publications needs to be recognised and further encouraged to ensure the and further encouraged to ensure the sustainability of the publishing industry. It sustainability of the publishing industry. is therefore necessary to provide at Union level a harmonised legal protection for press publications in respect of digital uses. Such protection should be effectively guaranteed through the introduction, in Union law, of rights related to copyright for the reproduction and making available to the public of press publications in respect of digital uses.
Or. en
Amendment 68 Cora van Nieuwenhuizen, Kaja Kallas
Proposal for a directive Recital 33
Text proposed by the Commission Amendment
(33) For the purposes of this Directive, deleted it is necessary to define the concept of press publication in a way that embraces only journalistic publications, published by a service provider, periodically or regularly updated in any media, for the purpose of informing or entertaining. Such publications would include, for instance, daily newspapers, weekly or PE592.364v01-00 42/151 AM\1107736EN.docx EN monthly magazines of general or special interest and news websites. Periodical publications which are published for scientific or academic purposes, such as scientific journals, should not be covered by the protection granted to press publications under this Directive. This protection does not extend to acts of hyperlinking which do not constitute communication to the public.
Or. en
Amendment 69 Dario Tamburrano, Isabella Adinolfi, David Borrelli, Laura Ferrara
Proposal for a directive Recital 33
Text proposed by the Commission Amendment
(33) For the purposes of this Directive, deleted it is necessary to define the concept of press publication in a way that embraces only journalistic publications, published by a service provider, periodically or regularly updated in any media, for the purpose of informing or entertaining. Such publications would include, for instance, daily newspapers, weekly or monthly magazines of general or special interest and news websites. Periodical publications which are published for scientific or academic purposes, such as scientific journals, should not be covered by the protection granted to press publications under this Directive. This protection does not extend to acts of hyperlinking which do not constitute communication to the public.
Or. en
Amendment 70 Miroslav Poche
Proposal for a directive AM\1107736EN.docx 43/151 PE592.364v01-00 EN Recital 33
Text proposed by the Commission Amendment
(33) For the purposes of this Directive, deleted it is necessary to define the concept of press publication in a way that embraces only journalistic publications, published by a service provider, periodically or regularly updated in any media, for the purpose of informing or entertaining. Such publications would include, for instance, daily newspapers, weekly or monthly magazines of general or special interest and news websites. Periodical publications which are published for scientific or academic purposes, such as scientific journals, should not be covered by the protection granted to press publications under this Directive. This protection does not extend to acts of hyperlinking which do not constitute communication to the public.
Or. cs
Amendment 71 Barbara Kappel, Angelo Ciocca, Lorenzo Fontana
Proposal for a directive Recital 33
Text proposed by the Commission Amendment
(33) For the purposes of this Directive, it (33) For the purposes of this Directive, it is necessary to define the concept of press is necessary to define the concept of press publication in a way that embraces only publication in a way that embraces only journalistic publications, published by a journalistic publications, published by a service provider, periodically or regularly service provider, periodically or regularly updated in any media, for the purpose of updated in any media, for the purpose of informing or entertaining. Such informing or entertaining. Such publications would include, for instance, publications would include, for instance, daily newspapers, weekly or monthly daily newspapers, weekly or monthly magazines of general or special interest magazines of general or special interest and news websites. Periodical publications and news websites. Periodical publications which are published for scientific or which are published for scientific or academic purposes, such as scientific academic purposes, such as scientific journals, should not be covered by the journals, should not be covered by the protection granted to press publications protection granted to press publications PE592.364v01-00 44/151 AM\1107736EN.docx EN under this Directive. This protection does under this Directive. not extend to acts of hyperlinking which do not constitute communication to the public.
Or. en
Amendment 72 Angelika Niebler, Herbert Reul, Christian Ehler
Proposal for a directive Recital 33
Text proposed by the Commission Amendment
(33) For the purposes of this Directive, it (33) For the purposes of this Directive, it is necessary to define the concept of press is necessary to define the concept of press publication in a way that embraces only publication in a way that embraces only journalistic publications, published by a journalistic publications, published by a service provider, periodically or regularly service provider, periodically or regularly updated in any media, for the purpose of updated in any media, for the purpose of informing or entertaining. Such informing or entertaining. Such publications would include, for instance, publications would include, for instance, daily newspapers, weekly or monthly daily newspapers, weekly or monthly magazines of general or special interest magazines of general or special interest and news websites. Periodical publications and news websites. Periodical publications which are published for scientific or which are published for scientific or academic purposes, such as scientific academic purposes, such as scientific journals, should not be covered by the journals, should also be covered by the protection granted to press publications protection granted to press publications under this Directive. This protection does under this Directive. This protection does not extend to acts of hyperlinking which do not extend to acts of hyperlinking which do not constitute communication to the public. not constitute communication to the public.
Or. en
Amendment 73 Theresa Griffin, José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Giorgos Grammatikakis, Jude Kirton-Darling, Mary Honeyball, Julie Ward, Clare Moody
Proposal for a directive Recital 33 a (new)
Text proposed by the Commission Amendment
(33 a) The rights for press publishers should apply without prejudice to the AM\1107736EN.docx 45/151 PE592.364v01-00 EN rights of individuals for the reproduction, communication or providing links or extracts of a press publication to the public for private use or not-for-profit, non-commercial purposes.
Or. en
Amendment 74 Cora van Nieuwenhuizen, Kaja Kallas
Proposal for a directive Recital 34
Text proposed by the Commission Amendment
(34) The rights granted to the deleted publishers of press publications under this Directive should have the same scope as the rights of reproduction and making available to the public provided for in Directive 2001/29/EC, insofar as digital uses are concerned. They should also be subject to the same provisions on exceptions and limitations as those applicable to the rights provided for in Directive 2001/29/EC including the exception on quotation for purposes such as criticism or review laid down in Article 5(3)(d) of that Directive.
Or. en
Amendment 75 Dario Tamburrano, Isabella Adinolfi, David Borrelli, Laura Ferrara
Proposal for a directive Recital 34
Text proposed by the Commission Amendment
(34) The rights granted to the deleted publishers of press publications under this Directive should have the same scope as the rights of reproduction and making available to the public provided for in Directive 2001/29/EC, insofar as digital PE592.364v01-00 46/151 AM\1107736EN.docx EN uses are concerned. They should also be subject to the same provisions on exceptions and limitations as those applicable to the rights provided for in Directive 2001/29/EC including the exception on quotation for purposes such as criticism or review laid down in Article 5(3)(d) of that Directive.
Or. en
Amendment 76 Angelika Niebler, Herbert Reul, Christian Ehler, Pascal Arimont
Proposal for a directive Recital 34
Text proposed by the Commission Amendment
(34) The rights granted to the publishers (34) The rights granted to the publishers of press publications under this Directive of press publications under this Directive should have the same scope as the rights of should have the same scope as the rights of reproduction and making available to the reproduction and making available to the public provided for in Directive public provided for in Directive 2001/29/EC, insofar as digital uses are 2001/29/EC. They should also be subject to concerned. They should also be subject to the same provisions on exceptions and the same provisions on exceptions and limitations as those applicable to the rights limitations as those applicable to the rights provided for in Directive 2001/29/EC provided for in Directive 2001/29/EC including the exception on quotation for including the exception on quotation for purposes such as criticism or review laid purposes such as criticism or review laid down in Article 5(3)(d) of that Directive. down in Article 5(3)(d) of that Directive. The protection granted to press publications under this Directive should also apply where the content is automatically generated by, for example, news aggregators.
Or. en
Amendment 77 Miriam Dalli, Giorgos Grammatikakis
Proposal for a directive Recital 34
Text proposed by the Commission Amendment
AM\1107736EN.docx 47/151 PE592.364v01-00 EN (34) The rights granted to the publishers (34) The rights granted to the publishers of press publications under this Directive of press publications under this Directive should have the same scope as the rights of should have the same scope as the rights of reproduction and making available to the reproduction and making available to the public provided for in Directive public provided for in Directive 2001/29/EC, insofar as digital uses are 2001/29/EC. They should also be subject to concerned. They should also be subject to the same provisions on exceptions and the same provisions on exceptions and limitations as those applicable to the rights limitations as those applicable to the rights provided for in Directive 2001/29/EC provided for in Directive 2001/29/EC including the exception on quotation for including the exception on quotation for purposes such as criticism or review laid purposes such as criticism or review laid down in Article 5(3)(d) of that Directive. down in Article 5(3)(d) of that Directive.
Or. en
Justification
Print editions are worth as much protection as digital editions. For this reason it is essential to ensure that rights are granted for both digital and non-digital use and remove any wording that can exclude non-digital uses.
Amendment 78 Theresa Griffin, Miriam Dalli, Giorgos Grammatikakis, Jude Kirton-Darling, Mary Honeyball, Julie Ward, Clare Moody
Proposal for a directive Recital 34
Text proposed by the Commission Amendment
(34) The rights granted to the publishers (34) The rights granted to the publishers of press publications under this Directive of press publications under this Directive should have the same scope as the rights of should have the same scope as the rights of reproduction and making available to the reproduction and making available to the public provided for in Directive public provided for in Directive 2001/29/EC, insofar as digital uses are 2001/29/EC. They should also be subject to concerned. They should also be subject to the same provisions on exceptions and the same provisions on exceptions and limitations as those applicable to the rights limitations as those applicable to the rights provided for in Directive 2001/29/EC provided for in Directive 2001/29/EC including the exception on quotation for including the exception on quotation for purposes such as criticism or review laid purposes such as criticism or review laid down in Article 5(3)(d) of that Directive. down in Article 5(3)(d) of that Directive.
Or. en
PE592.364v01-00 48/151 AM\1107736EN.docx EN Amendment 79 Dario Tamburrano, Isabella Adinolfi, David Borrelli, Laura Ferrara
Proposal for a directive Recital 35
Text proposed by the Commission Amendment
(35) The protection granted to deleted publishers of press publications under this Directive should not affect the rights of the authors and other rightholders in the works and other subject-matter incorporated therein, including as regards the extent to which authors and other rightholders can exploit their works or other subject-matter independently from the press publication in which they are incorporated. Therefore, publishers of press publications should not be able to invoke the protection granted to them against authors and other rightholders. This is without prejudice to contractual arrangements concluded between the publishers of press publications, on the one side, and authors and other rightholders, on the other side.
Or. en
Amendment 80 Cora van Nieuwenhuizen, Kaja Kallas
Proposal for a directive Recital 35
Text proposed by the Commission Amendment
(35) The protection granted to deleted publishers of press publications under this Directive should not affect the rights of the authors and other rightholders in the works and other subject-matter incorporated therein, including as regards the extent to which authors and other rightholders can exploit their works or other subject-matter independently from the press publication in which they are incorporated. Therefore, publishers of AM\1107736EN.docx 49/151 PE592.364v01-00 EN press publications should not be able to invoke the protection granted to them against authors and other rightholders. This is without prejudice to contractual arrangements concluded between the publishers of press publications, on the one side, and authors and other rightholders, on the other side.
Or. en
Amendment 81 Theresa Griffin, Miriam Dalli, José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Giorgos Grammatikakis, Jude Kirton-Darling, Mary Honeyball, Pervenche Berès, Julie Ward, Clare Moody, Virginie Rozière
Proposal for a directive Recital 35
Text proposed by the Commission Amendment
(35) The protection granted to (35) The protection granted to publishers of press publications under this publishers of press publications under this Directive should not affect the rights of the Directive should not affect the rights of the authors and other rightholders in the works authors and other rightholders in the works and other subject-matter incorporated and other subject-matter incorporated therein, including as regards the extent to therein, including as regards the extent to which authors and other rightholders can which authors and other rightholders can exploit their works or other subject-matter exploit their works or other subject-matter independently from the press publication in independently from the press publication in which they are incorporated. Therefore, which they are incorporated. Therefore, publishers of press publications should not publishers of press publications should not be able to invoke the protection granted to be able to invoke the protection granted to them against authors and other them against authors and other rightholders. This is without prejudice to rightholders. This is without prejudice to contractual arrangements concluded contractual arrangements concluded between the publishers of press between the publishers of press publications, on the one side, and authors publications, on the one side, and authors and other rightholders, on the other side. and other rightholders, on the other side. Member States should ensure that a fair share of remuneration, derived from the use of the press publishers right, is attributed to journalists, authors and other rightsholders.
Or. en
PE592.364v01-00 50/151 AM\1107736EN.docx EN Amendment 82 Eva Kaili
Proposal for a directive Recital 36 a (new)
Text proposed by the Commission Amendment
(36 a) With regards to the issue of dissemination of fake news, it is important stress out the limited liability safe harbours for intermediaries in the protection of an open internet ecosystem. However, the involved parties need to create the digital tools to balance byist approaches and dissemination of false information. Most notably, when false information is spread online in high concentration, in particular geographical areas, resulting in influencing parts of the population, the user(s) should also be provided with related to the false information, articles, that showcase the other points of view, on his online interface of use.
Or. en
Amendment 83 Christian Ehler, Pervenche Berès
Proposal for a directive Recital 36 a (new)
Text proposed by the Commission Amendment
(36 a) Cultural and creative industries (CCIs) play a key role in reindustrialising Europe, are a driver for growth and are in a strategic position to trigger innovative spill-overs in other industrial sectors. Furthermore CCIs are a driving force for innovation and development of ICT in Europe. Cultural and creative industries in Europe provide more than 12 million full-time jobs, which amounts to 7.5 % of the EU's work force, creating approximately EUR 509 billion in value added to GDP (5.3 % of the EU's total AM\1107736EN.docx 51/151 PE592.364v01-00 EN GVA. The protection of copyright and related rights are at the core of the CCI's revenue.
Or. en
Amendment 84 Dario Tamburrano, Isabella Adinolfi, David Borrelli, Laura Ferrara
Proposal for a directive Recital 37
Text proposed by the Commission Amendment
(37) Over the last years, the deleted functioning of the online content marketplace has gained in complexity. Online services providing access to copyright protected content uploaded by their users without the involvement of right holders have flourished and have become main sources of access to content online. This affects rightholders' possibilities to determine whether, and under which conditions, their work and other subject-matter are used as well as their possibilities to get an appropriate remuneration for it.
Or. en
Amendment 85 Christian Ehler, Pervenche Berès
Proposal for a directive Recital 37
Text proposed by the Commission Amendment
(37) Over the last years, the functioning (37) Over the last years, the functioning of the online content marketplace has of the online content marketplace has gained in complexity. Online services gained in complexity. Online services providing access to copyright protected providing access to copyright protected content uploaded by their users without the content uploaded by their users without the involvement of right holders have involvement of right holders have flourished and have become main sources flourished and have become main sources PE592.364v01-00 52/151 AM\1107736EN.docx EN of access to content online. This affects of access to content online. This affects rightholders' possibilities to determine rightholders' possibilities to determine whether, and under which conditions, their whether, and under which conditions, their work and other subject-matter are used as work and other subject-matter are used as well as their possibilities to get an well as their possibilities to get an appropriate remuneration for it. appropriate remuneration for it. Despite the fact that more creative content is being consumed today than ever before, on services such as user-uploaded content platforms and content aggregation services, the creative sectors have not seen a comparable increase in revenues from this increase in consumption. One of the main reasons is being referred to as a transfer of value that has emerged due to the lack of clarity regarding the status of these online services under copyright and e-commerce law. An unfair market has been created, threatening the development of the Digital Single Market and its main players: the cultural and creative industries.
Or. en
Amendment 86 Theresa Griffin, José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Giorgos Grammatikakis, Jude Kirton-Darling, Mary Honeyball, Pervenche Berès, Julie Ward, Clare Moody, Virginie Rozière
Proposal for a directive Recital 37
Text proposed by the Commission Amendment
(37) Over the last years, the functioning (37) Over the last years, the functioning of the online content marketplace has of the online content marketplace has gained in complexity. Online services gained in complexity. Online services providing access to copyright protected providing access to copyright protected content uploaded by their users without the content uploaded by their users without the involvement of right holders have involvement or agreement of right holders flourished and have become main sources have flourished and have become main of access to content online. This affects sources of access to content online. This rightholders' possibilities to determine affects rightholders' possibilities to whether, and under which conditions, their determine whether, and under which work and other subject-matter are used as conditions, their work and other subject- well as their possibilities to get an matter are used as well as their possibilities appropriate remuneration for it. to get an appropriate remuneration for it. Information society service providers AM\1107736EN.docx 53/151 PE592.364v01-00 EN claim to be covered by the safe harbour exemption of Directive 2000/31/EC and either refuse to enter into licensing agreements or underpay creators, directly competing with fully licensed content providers for the same users and revenues. These services therefore conflict with the normal exploitation of copyright protected works and subject matter and drive down the overall value of creative content online.
Or. en
Amendment 87 Kaja Kallas
Proposal for a directive Recital 37
Text proposed by the Commission Amendment
(37) Over the last years, the functioning (37) Over the years, online services of the online content marketplace has enabling users to upload works and to gained in complexity. Online services make them accessible to the public have providing access to copyright protected flourished and have become important content uploaded by their users without sources of access to content online and of the involvement of right holders have creativity. At the same time, when flourished and have become main sources protected content is uploaded without of access to content online. This affects prior authorisation from rightholders, rightholders' possibilities to determine they have generated challenges. whether, and under which conditions, their work and other subject-matter are used as well as their possibilities to get an appropriate remuneration for it.
Or. en
Amendment 88 Barbara Kappel, Angelo Ciocca, Lorenzo Fontana
Proposal for a directive Recital 37
Text proposed by the Commission Amendment
(37) Over the last years, the functioning (37) Acknowledges that over the last PE592.364v01-00 54/151 AM\1107736EN.docx EN of the online content marketplace has years, the functioning of the online content gained in complexity. Online services marketplace has gained in complexity. providing access to copyright protected Online services providing access to content uploaded by their users without the copyright protected content uploaded by involvement of right holders have their users without the involvement of right flourished and have become main sources holders have flourished and have become of access to content online. This affects main sources of access to content online. rightholders' possibilities to determine This affects rightholders' possibilities to whether, and under which conditions, their determine whether, and under which work and other subject-matter are used as conditions, their work and other subject- well as their possibilities to get an matter are used as well as their possibilities appropriate remuneration for it. to get an appropriate remuneration for it.
Or. en
Amendment 89 José Blanco López, Sergio Gutiérrez Prieto
Proposal for a directive Recital 37 a (new)
Text proposed by the Commission Amendment
(37 a) These user uploaded content services have attracted users and derived economic value from providing access to protected works and other subject matter, often including its optimization of presentation, organisation and promotion. In doing so, these services directly compete with licensed content providers for the same users and revenues. However, such user uploaded content services either refuse to enter into licensing agreement or underpay the creators for the works on which they rely by erroneously claiming to be covered by the safe harbour exemptions of Directive 2000/31/EC. This transfer of value prevents authors, creators, performers and right holders from receiving a fair remuneration for their works, undermines the efficiency of the online market, distorts competition and drives down the overall value of cultural content online.
Or. en
AM\1107736EN.docx 55/151 PE592.364v01-00 EN Amendment 90 Angelika Niebler, Herbert Reul, Pascal Arimont, Esther de Lange
Proposal for a directive Recital 37 a (new)
Text proposed by the Commission Amendment
(37 a) Today more creative content is being consumed than ever before. That happens on services such as user- uploaded content platforms and content aggregation services. At the same time, the creative sectors have not seen a comparable increase in revenues from this increase in consumption. One of the main reasons is being referred to as a transfer of value that has emerged due to the lack of clarity regarding the status of these online services under copyright and e-commerce law. An unfair market has been created, threatening the development of the Digital Single Market and its main players: the creative industries.
Or. en
Amendment 91 Angelika Niebler, Herbert Reul, Pascal Arimont, Esther de Lange
Proposal for a directive Recital 37 b (new)
Text proposed by the Commission Amendment
(37 b) Digital platforms are means of providing wider access to cultural and creative works and offer great opportunities for cultural and creative industries to develop new business models. Therefore, consideration is to be made of how this process can function with more legal certainty and respect for right holders. It is therefore of utmost importance to ensure transparency and a fair level playing field. The protection of right holders within the copyright and intellectual property framework is necessary in order to ensure recognition PE592.364v01-00 56/151 AM\1107736EN.docx EN of values and stimulation of innovation, creativity, investment and production of content.
Or. en
Amendment 92 Peter Kouroumbashev
Proposal for a directive Recital 38
Text proposed by the Commission Amendment
(38) Where information society service deleted providers store and provide access to the public to copyright protected works or other subject-matter uploaded by their users, thereby going beyond the mere provision of physical facilities and performing an act of communication to the public, they are obliged to conclude licensing agreements with rightholders, unless they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council 34. In respect of Article 14, it is necessary to verify whether the service provider plays an active role, including by optimising the presentation of the uploaded works or subject-matter or promoting them, irrespective of the nature of the means used therefor. In order to ensure the functioning of any licensing agreement, information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject-matter uploaded by their users should take appropriate and proportionate measures to ensure protection of works or other subject-matter, such as implementing effective technologies. This obligation should also apply when the information society service providers are eligible for the liability exemption provided in Article 14 of Directive AM\1107736EN.docx 57/151 PE592.364v01-00 EN 2000/31/EC. ______34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1–16).
Or. bg
Amendment 93 Dario Tamburrano, Isabella Adinolfi, David Borrelli, Laura Ferrara
Proposal for a directive Recital 38
Text proposed by the Commission Amendment
(38) Where information society service deleted providers store and provide access to the public to copyright protected works or other subject-matter uploaded by their users, thereby going beyond the mere provision of physical facilities and performing an act of communication to the public, they are obliged to conclude licensing agreements with rightholders, unless they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council34 . In respect of Article 14, it is necessary to verify whether the service provider plays an active role, including by optimising the presentation of the uploaded works or subject-matter or promoting them, irrespective of the nature of the means used therefor. In order to ensure the functioning of any licensing agreement, information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject-matter uploaded by their users should take appropriate and proportionate measures to ensure protection of works or PE592.364v01-00 58/151 AM\1107736EN.docx EN other subject-matter, such as implementing effective technologies. This obligation should also apply when the information society service providers are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC. ______34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1–16).
Or. en
Amendment 94 Dario Tamburrano, Isabella Adinolfi, David Borrelli, Laura Ferrara
Proposal for a directive Recital 38 – paragraph 1
Text proposed by the Commission Amendment
Where information society service deleted providers store and provide access to the public to copyright protected works or other subject-matter uploaded by their users, thereby going beyond the mere provision of physical facilities and performing an act of communication to the public, they are obliged to conclude licensing agreements with rightholders, unless they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council34 . ______34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1–16).
Or. en AM\1107736EN.docx 59/151 PE592.364v01-00 EN
Amendment 95 Christian Ehler, Pervenche Berès
Proposal for a directive Recital 38 – paragraph 1
Text proposed by the Commission Amendment
Where information society service Digital platforms are means of providing providers store and provide access to the wider access to cultural and creative public to copyright protected works or works and offer great opportunities for other subject-matter uploaded by their cultural and creative industries to develop users, thereby going beyond the mere new business models. Consideration is to provision of physical facilities and be made of how this process can function performing an act of communication to with more legal certainty and respect for the public, they are obliged to conclude right holder. Transparency, a fair level licensing agreements with rightholders, playing field and protection of right unless they are eligible for the liability holders within the copyright and exemption provided in Article 14 of intellectual property framework are Directive 2000/31/EC of the European necessary in order to ensure recognition Parliament and of the Council34 . of values and stimulation of innovation, creativity, investment and production of content. Where information society service providers store and provide access to the public to copyright protected works or other subject-matter uploaded by their users, thereby going beyond the mere provision of physical facilities and performing an act of communication to the public, they are obliged to conclude licensing agreements with rightholders, unless they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council34 . It is essential to clarify the limited liability provided by Article 14 of the E-Commerce Directive: Liability exemptions only apply to genuinely neutral and passive online providers, and not to services that play an active role in distributing, promoting and monetising content at the expense of creators. ______34 Directive 2000/31/EC of the European 34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June Parliament and of the Council of 8 June 2000 on certain legal aspects of 2000 on certain legal aspects of PE592.364v01-00 60/151 AM\1107736EN.docx EN information society services, in particular information society services, in particular electronic commerce, in the Internal electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1–16). Market (OJ L 178, 17.7.2000, p. 1–16).
Or. en
Amendment 96 Cora van Nieuwenhuizen, Kaja Kallas
Proposal for a directive Recital 38 – paragraph 1
Text proposed by the Commission Amendment
Where information society service Where an information society service is providers store and provide access to the provided that consists of the storage of public to copyright protected works or information provided by a recipient of the other subject-matter uploaded by their service and providers of the service enable users, thereby going beyond the mere users to upload works in such as a way as provision of physical facilities and to make them available to the public and performing an act of communication to obtains knowledge after receiving the public, they are obliged to conclude notification by the rightholders that the licensing agreements with rightholders, work is used in an unauthorised manner unless they are eligible for the liability and subject to copyright and related exemption provided in Article 14 of rights, they are obliged to take that Directive 2000/31/EC of the European content down in order to be eligible for the Parliament and of the Council34 . liability exemption provided in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council. However, it is in the interests of all parties involved that the content remain online. Therefore, the possibility of concluding a licensing agreement between rightholders and the service providers on fair and reasonable terms for that purpose should be enabled. In order to ensure that notifications of works subject to copyright and related rights are valid, rightholders should provide service providers with an accurate identification of both the protected works and the uploaded content deemed to be unauthorised, including its exact location. To prevent misuses or abuses of notifications, and protect freedom of information and expression and the limitations and exceptions to copyright law, users should have access to redress and complaint mechanisms.
AM\1107736EN.docx 61/151 PE592.364v01-00 EN ______34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1–16).
Or. en
Amendment 97 Angelika Niebler, Herbert Reul, Christian Ehler, Pascal Arimont
Proposal for a directive Recital 38 – paragraph 1
Text proposed by the Commission Amendment
Where information society service Where information society service providers store and provide access to the providers store and provide access to the public to copyright protected works or public to copyright protected works or other subject-matter uploaded by their other subject-matter uploaded by their users, thereby going beyond the mere users, thereby going beyond the mere provision of physical facilities and provision of physical facilities and performing an act of communication to the performing an act of communication to the public, they are obliged to conclude public and an act of reproduction, they are licensing agreements with rightholders, obliged to conclude licensing agreements unless they are eligible for the liability with rightholders to protect the legitimate exemption provided in Article 14 of interest of the rightholder, unless they are Directive 2000/31/EC of the European eligible for the liability exemption Parliament and of the Council34 . provided in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council34 . However, liability exemptions can only apply to genuinely neutral and passive online providers, and not to services that play an active role in distributing, promoting and monetising content at the expense of creators. ______34 Directive 2000/31/EC of the European 34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June Parliament and of the Council of 8 June 2000 on certain legal aspects of 2000 on certain legal aspects of information society services, in particular information society services, in particular electronic commerce, in the Internal electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1–16). Market (OJ L 178, 17.7.2000, p. 1–16).
Or. en PE592.364v01-00 62/151 AM\1107736EN.docx EN
Amendment 98 José Blanco López, Sergio Gutiérrez Prieto
Proposal for a directive Recital 38 – paragraph 1
Text proposed by the Commission Amendment
Where information society service Information society service providers that providers store and provide access to the store and provide access to the public to public to copyright protected works or copyright protected works or other subject- other subject-matter uploaded by their matter uploaded by their users, thereby users, thereby going beyond the mere going beyond the mere provision of provision of physical facilities and physical facilities and performing an act of performing an act of communication to the communication to the public initiated by public, they are obliged to conclude their users uploading such works and licensing agreements with rightholders, other subject-matter, they are obliged to unless they are eligible for the liability conclude licensing agreements with exemption provided in Article 14 of rightholders both for the communication Directive 2000/31/EC of the European to the public and reproduction rights in Parliament and of the Council34 . which they play an indispensable role, unless they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council34 . ______34 Directive 2000/31/EC of the European 34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June Parliament and of the Council of 8 June 2000 on certain legal aspects of 2000 on certain legal aspects of information society services, in particular information society services, in particular electronic commerce, in the Internal electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1–16). Market (OJ L 178, 17.7.2000, p. 1–16).
Or. en
Amendment 99 Miroslav Poche
Proposal for a directive Recital 38 – paragraph 1
Text proposed by the Commission Amendment
Where information society service Information society service providers store and provide access to the providers whose active role enables them public to copyright protected works or to have knowledge of or control over
AM\1107736EN.docx 63/151 PE592.364v01-00 EN other subject-matter uploaded by their stored data or to otherwise change or users, thereby going beyond the mere interfere with copyright protected works or provision of physical facilities and other subject-matter uploaded by their performing an act of communication to the users, thereby going beyond the mere public, they are obliged to conclude provision of physical facilities and licensing agreements with rightholders, performing an act of communication to the unless they are eligible for the liability public, are obliged to conclude agreements exemption provided in Article 14 of with rightholders, unless they are eligible Directive 2000/31/EC of the European for the liability exemption provided in Parliament and of the Council34 . Article 14 of Directive 2000/31/EC 34 of the European Parliament and of the Council. ______34 Directive 2000/31/EC of the European 34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June Parliament and of the Council of 8 June 2000 on certain legal aspects of 2000 on certain legal aspects of information society services, in particular information society services, in particular electronic commerce, in the Internal electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1–16). Market (OJ L 178, 17.7.2000, p. 1–16).
Or. cs
Amendment 100 Theresa Griffin, José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Giorgos Grammatikakis, Jude Kirton-Darling, Mary Honeyball, Pervenche Berès, Julie Ward, Clare Moody
Proposal for a directive Recital 38 – paragraph 1
Text proposed by the Commission Amendment
Where information society service Where information society service providers store and provide access to the providers that store and provide access to public to copyright protected works or the public to copyright protected works or other subject-matter uploaded by their other subject-matter uploaded by their users, thereby going beyond the mere users, thereby going beyond the mere provision of physical facilities and provision of physical facilities and performing an act of communication to the performing an act of communication to the public, they are obliged to conclude public and reproduction, they are obliged licensing agreements with rightholders, to conclude licensing agreements with unless they are eligible for the liability rightholders. Information society service exemption provided in Article 14 of providers that play an active role are not Directive 2000/31/EC of the European exempt unless they are eligible for the Parliament and of the Council34 . liability exemption provided in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council34 .
PE592.364v01-00 64/151 AM\1107736EN.docx EN ______34 Directive 2000/31/EC of the European 34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June Parliament and of the Council of 8 June 2000 on certain legal aspects of 2000 on certain legal aspects of information society services, in particular information society services, in particular electronic commerce, in the Internal electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1–16). Market (OJ L 178, 17.7.2000, p. 1–16).
Or. en
Amendment 101 Michał Boni
Proposal for a directive Recital 38 – paragraph 1
Text proposed by the Commission Amendment
Where information society service Where information society service providers store and provide access to the providers offer the service to users to store public to copyright protected works or and provide access to the public of content other subject-matter uploaded by their and where this activity is not of a mere users, thereby going beyond the mere technical, automatic and passive nature, provision of physical facilities and they are obliged to conclude licensing performing an act of communication to agreements with rightholders, unless they the public, they are obliged to conclude are eligible for the liability regimes licensing agreements with rightholders, provided in Article 14 of Directive unless they are eligible for the liability 2000/31/EC of the European Parliament exemption provided in Article 14 of and of the Council34 . Directive 2000/31/EC of the European Parliament and of the Council34 . ______34 Directive 2000/31/EC of the European 34 Directive 2000/31/EC of the European Parliament and of the Council of 8 June Parliament and of the Council of 8 June 2000 on certain legal aspects of 2000 on certain legal aspects of information society services, in particular information society services, in particular electronic commerce, in the Internal electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1–16). Market (OJ L 178, 17.7.2000, p. 1–16).
Or. en
Amendment 102 Cora van Nieuwenhuizen, Kaja Kallas
Proposal for a directive
AM\1107736EN.docx 65/151 PE592.364v01-00 EN Recital 38 – paragraph 2
Text proposed by the Commission Amendment
In respect of Article 14, it is necessary to deleted verify whether the service provider plays an active role, including by optimising the presentation of the uploaded works or subject-matter or promoting them, irrespective of the nature of the means used therefor.
Or. en
Amendment 103 Dario Tamburrano, Isabella Adinolfi, David Borrelli, Laura Ferrara
Proposal for a directive Recital 38 – paragraph 2
Text proposed by the Commission Amendment
In respect of Article 14, it is necessary to deleted verify whether the service provider plays an active role, including by optimising the presentation of the uploaded works or subject-matter or promoting them, irrespective of the nature of the means used therefor.
Or. en
Amendment 104 Michał Boni
Proposal for a directive Recital 38 – paragraph 2
Text proposed by the Commission Amendment
In respect of Article 14, it is necessary to deleted verify whether the service provider plays an active role, including by optimising the presentation of the uploaded works or subject-matter or promoting them, irrespective of the nature of the means used therefor.
PE592.364v01-00 66/151 AM\1107736EN.docx EN Or. en
Amendment 105 Miroslav Poche
Proposal for a directive Recital 38 – paragraph 2
Text proposed by the Commission Amendment
In respect of Article 14, it is necessary to deleted verify whether the service provider plays an active role, including by optimising the presentation of the uploaded works or subject-matter or promoting them, irrespective of the nature of the means used therefor.
Or. cs
Amendment 106 Theresa Griffin, José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Giorgos Grammatikakis, Jude Kirton-Darling, Mary Honeyball, Pervenche Berès, Julie Ward, Clare Moody
Proposal for a directive Recital 38 – paragraph 2
Text proposed by the Commission Amendment
In respect of Article 14, it is necessary to In respect of Article 14, it is necessary to verify whether the service provider plays verify whether the service provider plays an active role, including by optimising the an active role, including by optimising the presentation of the uploaded works or presentation of the uploaded works or subject-matter or promoting them, subject-matter or promoting them, irrespective of the nature of the means used irrespective of the nature of the means used therefor. therefore. An information society service provider shall be obliged to acquire licenses for copyright protected content regardless of whether they have editorial responsibility for that content. The licenses acquired by information society service providers from rightsholders should be deemed to cover all user generated content by their users, including users that are acting for non- commercial purposes. This will provide
AM\1107736EN.docx 67/151 PE592.364v01-00 EN legal certainty for individual users of such services whilst clarifying the liability of platforms.
Or. en
Amendment 107 José Blanco López, Sergio Gutiérrez Prieto
Proposal for a directive Recital 38 – paragraph 2
Text proposed by the Commission Amendment
In respect of Article 14, it is necessary to In respect of Article 14 of the Directive verify whether the service provider plays 2000/31/EC, it is necessary to verify an active role, including by optimising the whether the service provider plays an presentation of the uploaded works or active role, including by optimising the subject-matter or promoting them, presentation of the uploaded works or irrespective of the nature of the means used subject-matter or promoting them, therefor. irrespective of the nature of the means used therefor. The service providers playing such an active role are ineligible for the liability exemption of such Article 14.
Or. en
Amendment 108 Cora van Nieuwenhuizen, Kaja Kallas
Proposal for a directive Recital 38 – paragraph 3
Text proposed by the Commission Amendment
In order to ensure the functioning of any deleted licensing agreement, information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject-matter uploaded by their users should take appropriate and proportionate measures to ensure protection of works or other subject-matter, such as implementing effective technologies. This obligation should also apply when the information society service providers are PE592.364v01-00 68/151 AM\1107736EN.docx EN eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC.
Or. en
Amendment 109 Dario Tamburrano, Isabella Adinolfi, David Borrelli, Laura Ferrara
Proposal for a directive Recital 38 – paragraph 3
Text proposed by the Commission Amendment
In order to ensure the functioning of any deleted licensing agreement, information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject-matter uploaded by their users should take appropriate and proportionate measures to ensure protection of works or other subject-matter, such as implementing effective technologies. This obligation should also apply when the information society service providers are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC.
Or. en
Amendment 110 Michał Boni
Proposal for a directive Recital 38 – paragraph 3
Text proposed by the Commission Amendment
In order to ensure the functioning of any In order to ensure the functioning of any licensing agreement, information society licensing agreement, information society service providers storing and providing service providers actively and directly access to the public to large amounts of involved in users uploading and making copyright protected works or other works available to the public should take subject-matter uploaded by their users appropriate and proportionate measures to should take appropriate and proportionate ensure protection of works or other AM\1107736EN.docx 69/151 PE592.364v01-00 EN measures to ensure protection of works or subject-matter. other subject-matter, such as implementing effective technologies. This obligation should also apply when the information society service providers are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC.
Or. en
Amendment 111 Miroslav Poche
Proposal for a directive Recital 38 – paragraph 3
Text proposed by the Commission Amendment
In order to ensure the functioning of any In order to ensure the functioning of any licensing agreement, information society agreement, information society service service providers storing and providing providers whose active role enables them access to the public to large amounts of to have knowledge of or control over copyright protected works or other subject- stored data or to otherwise change or matter uploaded by their users should take interfere with copyright protected works or appropriate and proportionate measures to other subject-matter uploaded by their ensure protection of works or other users, as well as to provide access to the subject-matter, such as implementing public to such data, should take effective technologies. This obligation appropriate and proportionate measures to should also apply when the information ensure protection of works or other society service providers are eligible for subject-matter, such as implementing the liability exemption provided in Article effective technologies. This obligation 14 of Directive 2000/31/EC. should only apply to those information society service providers that have significant market power.
Or. cs
Amendment 112 José Blanco López, Sergio Gutiérrez Prieto
Proposal for a directive Recital 38 – paragraph 3
Text proposed by the Commission Amendment
In order to ensure the functioning of any In order to ensure the functioning of any PE592.364v01-00 70/151 AM\1107736EN.docx EN licensing agreement, information society licensing agreement, information society service providers storing and providing service providers storing and providing access to the public to large amounts of access to the public to significant amounts copyright protected works or other subject- of copyright protected works or other matter uploaded by their users should take subject-matter uploaded by their users appropriate and proportionate measures to should take appropriate and proportionate ensure protection of works or other measures to ensure protection of works or subject-matter, such as implementing other subject-matter, such as implementing effective technologies. This obligation effective technologies. This obligation should also apply when the information should also apply when the information society service providers are eligible for society service providers are eligible for the liability exemption provided in Article the liability exemption provided in Article 14 of Directive 2000/31/EC. 14 of Directive 2000/31/EC.
Or. en
Amendment 113 Theresa Griffin, José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Giorgos Grammatikakis, Jude Kirton-Darling, Mary Honeyball, Pervenche Berès, Julie Ward, Clare Moody
Proposal for a directive Recital 38 – paragraph 3
Text proposed by the Commission Amendment
In order to ensure the functioning of any In order to ensure the functioning of any licensing agreement, information society licensing agreement, information society service providers storing and providing service providers storing and providing access to the public to large amounts of access to the public to significant amounts copyright protected works or other subject- of copyright protected works or other matter uploaded by their users should take subject-matter uploaded by their users appropriate and proportionate measures to should take appropriate and proportionate ensure protection of works or other measures to ensure protection of works or subject-matter, such as implementing other subject-matter, such as implementing effective technologies. This obligation effective technologies. This obligation should also apply when the information should also apply when the information society service providers are eligible for society service providers are eligible for the liability exemption provided in Article the liability exemption provided in Article 14 of Directive 2000/31/EC. 14 of Directive 2000/31/EC.
Or. en
Amendment 114 Peter Kouroumbashev
Proposal for a directive AM\1107736EN.docx 71/151 PE592.364v01-00 EN Recital 39
Text proposed by the Commission Amendment
(39) Collaboration between deleted information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject-matter uploaded by their users and rightholders is essential for the functioning of technologies, such as content recognition technologies. In such cases, rightholders should provide the necessary data to allow the services to identify their content and the services should be transparent towards rightholders with regard to the deployed technologies, to allow the assessment of their appropriateness. The services should in particular provide rightholders with information on the type of technologies used, the way they are operated and their success rate for the recognition of rightholders' content. Those technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement.
Or. bg
Amendment 115 Dario Tamburrano, Isabella Adinolfi, David Borrelli, Laura Ferrara
Proposal for a directive Recital 39
Text proposed by the Commission Amendment
(39) Collaboration between deleted information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject-matter uploaded by their users and rightholders is essential for the functioning of technologies, such as content recognition technologies. In such cases, rightholders should provide the necessary data to allow the services to PE592.364v01-00 72/151 AM\1107736EN.docx EN identify their content and the services should be transparent towards rightholders with regard to the deployed technologies, to allow the assessment of their appropriateness. The services should in particular provide rightholders with information on the type of technologies used, the way they are operated and their success rate for the recognition of rightholders' content. Those technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement.
Or. en
Amendment 116 Michał Boni
Proposal for a directive Recital 39
Text proposed by the Commission Amendment
(39) Collaboration between deleted information society service providers storing and providing access to the public to large amounts of copyright protected works or other subject-matter uploaded by their users and rightholders is essential for the functioning of technologies, such as content recognition technologies. In such cases, rightholders should provide the necessary data to allow the services to identify their content and the services should be transparent towards rightholders with regard to the deployed technologies, to allow the assessment of their appropriateness. The services should in particular provide rightholders with information on the type of technologies used, the way they are operated and their success rate for the recognition of rightholders' content. Those technologies should also allow rightholders to get information from the information society service providers on the use of their
AM\1107736EN.docx 73/151 PE592.364v01-00 EN content covered by an agreement.
Or. en
Amendment 117 José Blanco López, Sergio Gutiérrez Prieto
Proposal for a directive Recital 39
Text proposed by the Commission Amendment
(39) Collaboration between information (39) Collaboration between information society service providers storing and society service providers storing and providing access to the public to large providing access to the public to amounts of copyright protected works or significant amounts of copyright protected other subject-matter uploaded by their works or other subject-matter uploaded by users and rightholders is essential for the their users and rightholders is essential for functioning of technologies, such as the functioning of technologies, such as content recognition technologies. In such content recognition technologies. In such cases, rightholders should provide the cases, rightholders should provide the necessary data to allow the services to necessary data to allow the services to identify their content and the services identify their content and the services should be transparent towards rightholders should be transparent towards rightholders with regard to the deployed technologies, with regard to the deployed technologies, to allow the assessment of their to allow the assessment of their appropriateness. The services should in appropriateness. The services should in particular provide rightholders with particular provide rightholders with information on the type of technologies information on the type of technologies used, the way they are operated and their used, the way they are operated and their success rate for the recognition of success rate for the recognition of rightholders' content. Those technologies rightholders' content. Those technologies should also allow rightholders to get should also allow rightholders to get information from the information society information from the information society service providers on the use of their service providers on the use of their content covered by an agreement. content covered by an agreement. Those technologies should not require the identity of uploaders, thus not posing any risk for privacy of individual end users. On the contrary, those technologies should involve a highly targeted technical cooperation of rightholders and information society service providers based on data provided by rightholders in order to prevent the availability of specifically identified and duly notified works or other subject-matter, therefore being fully compatible with Article 15 of Directive 2000/31/EC and the European PE592.364v01-00 74/151 AM\1107736EN.docx EN Charter of Fundamental Rights.
Or. en
Amendment 118 Theresa Griffin, José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Giorgos Grammatikakis, Jude Kirton-Darling, Mary Honeyball, Julie Ward, Clare Moody, Virginie Rozière
Proposal for a directive Recital 39
Text proposed by the Commission Amendment
(39) Collaboration between information (39) Collaboration between information society service providers storing and society service providers storing and providing access to the public to large providing access to the public to amounts of copyright protected works or significant amounts of copyright protected other subject-matter uploaded by their works or other subject-matter uploaded by users and rightholders is essential for the their users and rightholders is essential for functioning of technologies, such as the functioning of technologies, such as content recognition technologies. In such content recognition technologies. In such cases, rightholders should provide the cases, rightholders should provide the necessary data to allow the services to necessary data to allow the services to identify their content and the services identify their content and the services should be transparent towards rightholders should be transparent towards rightholders with regard to the deployed technologies, with regard to the deployed technologies, to allow the assessment of their to allow the assessment of their appropriateness. The services should in appropriateness. The services should in particular provide rightholders with particular provide rightholders with information on the type of technologies information on the type of technologies used, the way they are operated and their used, the way they are operated and their success rate for the recognition of success rate for the recognition of rightholders' content. Those technologies rightholders' content. Those technologies should also allow rightholders to get should also allow rightholders to get information from the information society information from the information society service providers on the use of their service providers on the use of their content covered by an agreement. content covered by an agreement. Those technologies should not require the identity of individual users uploading content and should not process data relating to individual users, in accordance with Directive 95/46/EC, Directive 2001/58/EC and the General Data Protection Regulation 2016/679. On the contrary it should be limited to preventing the availability of specifically identified and duly notified works based on the information provided by right holders and AM\1107736EN.docx 75/151 PE592.364v01-00 EN therefore does not lead to a general monitoring obligation.
Or. en
Amendment 119 Cora van Nieuwenhuizen, Kaja Kallas
Proposal for a directive Recital 39
Text proposed by the Commission Amendment
(39) Collaboration between information (39) Collaboration between information society service providers storing and society service providers and rightholders providing access to the public to large is essential to facilitate the accurate amounts of copyright protected works or identification of unauthorised works other subject-matter uploaded by their online. Appropriate safeguards should users and rightholders is essential for the however be put in place where they agree functioning of technologies, such as on the introduction of voluntary measures content recognition technologies. In such to ensure that these do not infringe the cases, rightholders should provide the fundamental rights of users, namely their necessary data to allow the services to right to protection of their personal data identify their content and the services and their freedom to receive or should be transparent towards impart information, in accordance with rightholders with regard to the deployed Articles 8 and 11 of the Charter of technologies, to allow the assessment of Fundamental rights of the European their appropriateness. The services should Union in particular their rights to the use in particular provide rightholders with of works made in accordance with an information on the type of technologies exception or limitation to copyright. used, the way they are operated and their success rate for the recognition of rightholders' content. Those technologies should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement.
Or. en
Amendment 120 Miroslav Poche
Proposal for a directive Recital 39
PE592.364v01-00 76/151 AM\1107736EN.docx EN Text proposed by the Commission Amendment
(39) Collaboration between information (39) Collaboration between information society service providers storing and society service providers whose active role providing access to the public to large enables them to have knowledge of or amounts of copyright protected works or control over stored data or to otherwise other subject-matter uploaded by their change or interfere with copyright users and rightholders is essential for the protected works or other subject-matter functioning of technologies, such as uploaded by their users and rightholders, as content recognition technologies. In such well as to provide access to the public to cases, rightholders should provide the such data, is essential for the functioning necessary data to allow the services to of technologies, such as content identify their content and the services recognition technologies. In such cases, should be transparent towards rightholders rightholders should provide the necessary with regard to the deployed technologies, data to allow the services to identify their to allow the assessment of their content and the services should be appropriateness. The services should in transparent towards rightholders with particular provide rightholders with regard to the deployed technologies, to information on the type of technologies allow the assessment of their used, the way they are operated and their appropriateness. The services should in success rate for the recognition of particular provide rightholders with rightholders' content. Those technologies information on the type of technologies should also allow rightholders to get used, the way they are operated and their information from the information society success rate for the recognition of service providers on the use of their rightholders' content. Those technologies content covered by an agreement. should also allow rightholders to get information from the information society service providers on the use of their content covered by an agreement.
Or. cs
Amendment 121 Barbara Kappel, Angelo Ciocca, Lorenzo Fontana
Proposal for a directive Recital 39
Text proposed by the Commission Amendment
(39) Collaboration between information (39) Welcomes collaboration between society service providers storing and information society service providers providing access to the public to large storing and providing access to the public amounts of copyright protected works or to large amounts of copyright protected other subject-matter uploaded by their works or other subject-matter uploaded by users and rightholders is essential for the their users and rightholders is essential for functioning of technologies, such as the functioning of technologies, such as content recognition technologies. In such content recognition technologies. In such cases, rightholders should provide the cases, rightholders should provide the AM\1107736EN.docx 77/151 PE592.364v01-00 EN necessary data to allow the services to necessary data to allow the services to identify their content and the services identify their content and the services should be transparent towards rightholders should be transparent towards rightholders with regard to the deployed technologies, with regard to the deployed technologies, to allow the assessment of their to allow the assessment of their appropriateness. The services should in appropriateness. The services should in particular provide rightholders with particular provide rightholders with information on the type of technologies information on the type of technologies used, the way they are operated and their used, the way they are operated and their success rate for the recognition of success rate for the recognition of rightholders' content. Those technologies rightholders' content. Those technologies should also allow rightholders to get should also allow rightholders to get information from the information society information from the information society service providers on the use of their service providers on the use of their content covered by an agreement. content covered by an agreement.
Or. en
Amendment 122 Theresa Griffin, José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Giorgos Grammatikakis, Jude Kirton-Darling, Mary Honeyball, Pervenche Berès, Julie Ward, Clare Moody, Jens Geier, Virginie Rozière
Proposal for a directive Recital 40
Text proposed by the Commission Amendment
(40) Certain rightholders such as authors (40) Certain rightholders such as authors and performers need information to assess and performers need information to assess the economic value of their rights which the economic value of their rights which are harmonised under Union law. This is are harmonised under Union law. This is especially the case where such rightholders especially the case where such rightholders grant a licence or a transfer of rights in grant a licence or a transfer of rights in return for remuneration. As authors and return for remuneration. As authors and performers tend to be in a weaker performers are in a weaker contractual contractual position when they grant position when they grant licences or licences or transfer their rights, they need transfer their rights, they need information information to assess the continued to assess the continued economic value of economic value of their rights, compared to their rights, compared to the remuneration the remuneration received for their licence received for their licence or transfer, but or transfer, but they often face a lack of they often face a lack of transparency. transparency. Therefore, the sharing of Therefore, the sharing of adequate adequate information by their contractual information by their contractual counterparts or their successors in title is counterparts and subsequent transferees important for the transparency and balance or licenses, as well as their successors in in the system that governs the title is important for the transparency and remuneration of authors and performers. balance in the system that governs the remuneration of authors and performers. PE592.364v01-00 78/151 AM\1107736EN.docx EN The reporting and transparency obligation should follow the work across all forms of exploitation and across borders.
Or. en
Amendment 123 Rolandas Paksas
Proposal for a directive Recital 41
Text proposed by the Commission Amendment
(41) When implementing transparency (41) When implementing transparency obligations, the specificities of different obligations, the specificities of different content sectors and of the rights of the content sectors and of the rights of the authors and performers in each sector authors and performers in each sector should be considered. Member States should be considered. Member States should consult all relevant stakeholders as should consult all relevant stakeholders as that should help determine sector-specific that should help determine sector-specific requirements. Collective bargaining should requirements. The transparency obligation be considered as an option to reach an should not apply to works made under agreement between the relevant employment arrangements or when the stakeholders regarding transparency. To contribution of the author or performer is enable the adaptation of current reporting not significant having regard to the practices to the transparency obligations, a overall work or performance, including in transitional period should be provided for. particular audio-visual works and The transparency obligations do not need collective works. Collective bargaining to apply to agreements concluded with should be considered as an option to reach collective management organisations as an agreement between the relevant those are already subject to transparency stakeholders regarding transparency. To obligations under Directive 2014/26/EU. enable the adaptation of current reporting practices to the transparency obligations, in particular regarding arrangements concluded for the content of radio services or of audiovisual media services under Directive 2010/13/EU, a transitional period should be provided for. The transparency obligations do not need to apply to cases where the relevant contract or remuneration is based on collective bargaining, collective rights management or other collective arrangements or on joint remuneration agreements, including agreements concluded with collective management organisations as those are already subject to transparency obligations AM\1107736EN.docx 79/151 PE592.364v01-00 EN under Directive 2014/26/EU.
Or. en
Amendment 124 Theresa Griffin, José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Giorgos Grammatikakis, Jude Kirton-Darling, Mary Honeyball, Pervenche Berès, Julie Ward, Clare Moody, Virginie Rozière
Proposal for a directive Recital 41
Text proposed by the Commission Amendment
(41) When implementing transparency (41) When implementing transparency obligations, the specificities of different obligations, the specificities of different content sectors and of the rights of the content sectors and of the rights of the authors and performers in each sector authors and performers in each sector should be considered. Member States should be considered. Member States should consult all relevant stakeholders as should consult all relevant stakeholders as that should help determine sector-specific that should help determine sector-specific requirements. Collective bargaining should requirements, standard reporting be considered as an option to reach an statements and procedures. Collective agreement between the relevant bargaining should be considered as an stakeholders regarding transparency. To option to reach an agreement between the enable the adaptation of current reporting relevant stakeholders regarding practices to the transparency obligations, a transparency. To enable the adaptation of transitional period should be provided for. current reporting practices to the The transparency obligations do not need transparency obligations, a transitional to apply to agreements concluded with period should be provided for. The collective management organisations as transparency obligations do not need to those are already subject to transparency apply to agreements concluded with obligations under Directive 2014/26/EU. collective management organisations as those are already subject to transparency obligations under Directive 2014/26/EU. Directive 2014/26/EU, on the condition that Member States have transposed Directive 2014/26/EU and taken all necessary measures to ensure that the management of all collective management organisations is carried out in an effective and equitable manner. Member States should also ensure that collective management organisations act in the best interest of the rightsholders, ensuring the accurate and regular distribution of payment and production of an annual public transparency report, in compliance
PE592.364v01-00 80/151 AM\1107736EN.docx EN with Directive 2014/26/EU.
Or. en
Amendment 125 Barbara Kappel, Angelo Ciocca, Lorenzo Fontana
Proposal for a directive Recital 41
Text proposed by the Commission Amendment
(41) When implementing transparency (41) When implementing transparency obligations, the specificities of different obligations, the specificities of different content sectors and of the rights of the content sectors and of the rights of the authors and performers in each sector authors and performers in each sector should be considered. Member States should be considered. Member States shall should consult all relevant stakeholders as ensure that the representative that should help determine sector-specific organisations of all relevant stakeholders requirements. Collective bargaining should determine sector-specific requirements. be considered as an option to reach an Collective bargaining should be considered agreement between the relevant as an option to reach an agreement between stakeholders regarding transparency. To the relevant stakeholders regarding enable the adaptation of current reporting transparency. To enable the adaptation of practices to the transparency obligations, a current reporting practices to the transitional period should be provided for. transparency obligations, a transitional The transparency obligations do not need period should be provided for. The to apply to agreements concluded with transparency obligations do not need to collective management organisations as apply to agreements concluded with those are already subject to transparency collective management organisations as obligations under Directive 2014/26/EU. those are already subject to transparency obligations under Directive 2014/26/EU.
Or. en
Amendment 126 Rolandas Paksas
Proposal for a directive Recital 42
Text proposed by the Commission Amendment
(42) Certain contracts for the (42) Certain contracts for the exploitation of rights harmonised at Union exploitation of rights harmonised at Union level are of long duration, offering few level are of long duration, offering few possibilities for authors and performers to possibilities for authors and performers to AM\1107736EN.docx 81/151 PE592.364v01-00 EN renegotiate them with their contractual renegotiate them with their contractual counterparts or their successors in title. counterparts or their successors in title. Therefore, without prejudice to the law Therefore, without prejudice to the law applicable to contracts in Member States, applicable to contracts in Member States, there should be a remuneration adjustment Member States may introduce, in cases mechanism for cases where the where the transparency obligation applies, remuneration originally agreed under a there should be a remuneration adjustment licence or a transfer of rights is mechanism for cases where the disproportionately low compared to the remuneration originally agreed under a relevant revenues and the benefits derived licence or a transfer of rights is from the exploitation of the work or the disproportionately low compared to the fixation of the performance, including in relevant revenues and the benefits profits light of the transparency ensured by this directly derived from the exploitation of Directive. The assessment of the situation the relevant work or the fixation of the should take account of the specific relevant performance, including in light of circumstances of each case as well as of the transparency ensured by this Directive. the specificities and practices of the The assessment of the situation should take different content sectors. Where the parties account of the specific circumstances of do not agree on the adjustment of the each case as well as of the specificities and remuneration, the author or performer practices of the different content sectors. should be entitled to bring a claim before a Where the parties do not agree on the court or other competent authority. adjustment of the remuneration, the author or performer should be entitled to bring a claim before a court or other competent authority. Member States may provide that this right expires if it is not exercised within a reasonable period from the relevant exploitation.
Or. en
Amendment 127 Eva Kaili
Proposal for a directive Recital 46
Text proposed by the Commission Amendment
(46) Any processing of personal data (46) Any processing of personal data under this Directive should respect under this Directive should respect fundamental rights, including the right to fundamental rights, including the right to respect for private and family life and the respect for private and family life and the right to protection of personal data under right to protection of personal data under Articles 7 and 8 of the Charter of Articles 7 and 8 of the Charter of Fundamental Rights of the European Union Fundamental Rights of the European Union and must be in compliance with Directive and must be in compliance with Directive 95/46/EC of the European Parliament and 95/46/EC of the European Parliament and of the Council35 and Directive 2002/58/EC of the Council35 and Directive 2002/58/EC PE592.364v01-00 82/151 AM\1107736EN.docx EN of the European Parliament and of the of the European Parliament and of the Council36 . Council36 . In the future, the provisions of the General Data Protection Regulation, including the "right to be forgotten" should be respected. ______35 Directive 95/46/EC of the European 35 Directive 95/46/EC of the European Parliament and of the Council of 24 Parliament and of the Council of 24 October 1995 on the protection of October 1995 on the protection of individuals with regard to the processing of individuals with regard to the processing of personal data and on the free movement of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31– such data (OJ L 281, 23.11.1995, p. 31– 50). This Directive is repealed with effect 50). This Directive is repealed with effect from 25 May 2018 and shall be replaced by from 25 May 2018 and shall be replaced by Regulation (EU) 2016/679 of the European Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April Parliament and of the Council of 27 April 2016 on the protection of natural persons 2016 on the protection of natural persons with regard to the processing of personal with regard to the processing of personal data and on the free movement of such data and on the free movement of such data, and repealing Directive 95/46/EC data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1–88). L 119, 4.5.2016, p. 1–88). 36 Directive 2002/58/EC of the European 36 Directive 2002/58/EC of the European Parliament and of the Council of 12 July Parliament and of the Council of 12 July 2002 concerning the processing of personal 2002 concerning the processing of personal data and the protection of privacy in the data and the protection of privacy in the electronic communications sector electronic communications sector (Directive on privacy and electronic (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. communications) (OJ L 201, 31.7.2002, p. 37–47), called, as amended by Directives 37–47), called, as amended by Directives 2006/24/EC and 2009/136/EC, the “e- 2006/24/EC and 2009/136/EC, the “e- Privacy Directive”. Privacy Directive”.
Or. en
Amendment 128 Eva Kaili
Proposal for a directive Recital 46 a (new)
Text proposed by the Commission Amendment
(46 a) It is important to stress out the importance of anonymity, when handling personal data for commercial purposes. Additionally, the "by default" not sharing
AM\1107736EN.docx 83/151 PE592.364v01-00 EN option with regards to personal data while using online platform interfaces should be promoted.
Or. en
Amendment 129 Cora van Nieuwenhuizen, Kaja Kallas
Proposal for a directive Article 1 – paragraph 2
Text proposed by the Commission Amendment
2. Except in the cases referred to in 2. Except in the cases referred to in Article 6, this Directive shall leave intact Article 6, this Directive shall leave intact and shall in no way affect existing rules and shall in no way affect existing rules laid down in the Directives currently in laid down in the Directives currently in force in this area, in particular Directives force in this area, in particular Directives 96/9/EC, 2001/29/EC, 2006/115/EC, 96/9/EC, 2000/31/EC, 2001/29/EC, 2009/24/EC, 2012/28/EU and 2014/26/EU. 2006/115/EC, 2009/24/EC, 2012/28/EU and 2014/26/EU.
Or. en
Amendment 130 Dario Tamburrano, Isabella Adinolfi, David Borrelli, Laura Ferrara
Proposal for a directive Article 2 – paragraph 4
Text proposed by the Commission Amendment
(4) ‘press publication’ means a deleted fixation of a collection of literary works of a journalistic nature, which may also comprise other works or subject-matter and constitutes an individual item within a periodical or regularly-updated publication under a single title, such as a newspaper or a general or special interest magazine, having the purpose of providing information related to news or other topics and published in any media under the initiative, editorial responsibility and control of a service provider. PE592.364v01-00 84/151 AM\1107736EN.docx EN Or. en
Amendment 131 Anne Sander, Françoise Grossetête
Proposal for a directive Article 2 – paragraph 4 a (new)
Text proposed by the Commission Amendment
(4 a) "lawful access" means access to content acquired in a lawful manner
Or. en
Amendment 132 Theresa Griffin, Miriam Dalli, Jude Kirton-Darling, Mary Honeyball, Clare Moody, Alessia Maria Mosca
Proposal for a directive Article 3 – paragraph 1
Text proposed by the Commission Amendment
1. Member States shall provide for an 1. Member States shall provide for an exception to the rights provided for in exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC and 5(a) and 7(1) of Directive 96/9/EC and Article 11(1) of this Directive for Article 11(1) of this Directive for reproductions and extractions made by reproductions and extractions made by research organisations in order to carry out research organisations, not-for-profit text and data mining of works or other organisations and/or citizens in order to subject-matter to which they have lawful carry out text and data mining of works or access for the purposes of scientific other subject-matter to which they have research. lawful access for the purposes of scientific research.
Or. en
Amendment 133 Dario Tamburrano, Isabella Adinolfi, David Borrelli, Laura Ferrara
Proposal for a directive Article 3 – paragraph 1
AM\1107736EN.docx 85/151 PE592.364v01-00 EN Text proposed by the Commission Amendment
1. Member States shall provide for an 1. Member States shall provide for an exception to the rights provided for in exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC and 5(a) and 7(1) of Directive 96/9/EC, Article Article 11(1) of this Directive for 11(1) of this Directive, and Article 4(1)(a) reproductions and extractions made by of Directive 2009/24/EC for reproductions research organisations in order to carry and extractions made by persons or legal out text and data mining of works or other entities in order to carry out text and data subject-matter to which they have lawful mining of works or other subject-matter to access for the purposes of scientific which they have lawful access for the research. purposes of scientific research.
Or. en
Amendment 134 Rolandas Paksas
Proposal for a directive Article 3 – paragraph 1
Text proposed by the Commission Amendment
1. Member States shall provide for an 1. Member States shall provide for an exception to the rights provided for in exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC and 5(a) and 7(1) of Directive 96/9/EC, Article Article 11(1) of this Directive for 4(1) of Directive 2009/24/EC and Article reproductions and extractions made by 11(1) of this Directive for reproductions research organisations in order to carry and extractions in order to carry out text out text and data mining of works or other and data mining of works or other subject- subject-matter to which they have lawful matter to which persons have lawful access for the purposes of scientific access. research.
Or. en
Amendment 135 Cornelia Ernst
Proposal for a directive Article 3 – paragraph 1
Text proposed by the Commission Amendment
1. Member States shall provide for an 1. Member States shall provide for an PE592.364v01-00 86/151 AM\1107736EN.docx EN exception to the rights provided for in exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC and 5(a) and 7(1) of Directive 96/9/EC and Article 11(1) of this Directive for Article 11(1) of this Directive for reproductions and extractions made by reproductions and extractions made in research organisations in order to carry order to carry out text and data mining of out text and data mining of works or other works or other subject-matter to which subject-matter to which they have lawful they have lawful access. access for the purposes of scientific research.
Or. en
Amendment 136 Miroslav Poche
Proposal for a directive Article 3 – paragraph 1
Text proposed by the Commission Amendment
1. Member States shall provide for an 1. Member States shall provide for an exception to the rights provided for in exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC and 5(a) and 7(1) of Directive 96/9/EC and Article 11(1) of this Directive for Article 11(1) of this Directive for reproductions and extractions made by reproductions and extractions made by any research organisations in order to carry entities, regardless of their legal form or out text and data mining of works or other focus, in order to carry out text and data subject-matter to which they have lawful mining of works or other subject-matter to access for the purposes of scientific which they have lawful access for the research. purposes of scientific research.
Or. cs
Amendment 137 Michèle Rivasi on behalf of the Verts/ALE Group
Proposal for a directive Article 3 – paragraph 1
Text proposed by the Commission Amendment
1. Member States shall provide for an 1. Member States shall provide for an exception to the rights provided for in exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles Article 2 of Directive 2001/29/EC, Articles AM\1107736EN.docx 87/151 PE592.364v01-00 EN 5(a) and 7(1) of Directive 96/9/EC and 5(a) and 7(1) of Directive 96/9/EC and Article 11(1) of this Directive for Article 11(1) of this Directive for reproductions and extractions made by reproductions and extractions to be made research organisations in order to carry by a natural or legal person who has out text and data mining of works or other lawful access to works and other subject- subject-matter to which they have lawful matter, provided that reproduction or access for the purposes of scientific extraction is used for the sole purpose of research. text and data mining.
Or. en
Amendment 138 Angelika Niebler, Herbert Reul, Pascal Arimont
Proposal for a directive Article 3 – paragraph 1
Text proposed by the Commission Amendment
1. Member States shall provide for an 1. Member States shall provide for an exception to the rights provided for in exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC and 5(a) and 7(1) of Directive 96/9/EC and Article 11(1) of this Directive for Article 11(1) of this Directive for reproductions and extractions made by reproductions and extractions made by research organisations in order to carry out research organisations in order to carry out text and data mining of works or other text and data mining of works or other subject-matter to which they have lawful subject-matter to which they have lawful access for the purposes of scientific access for the purposes of non-commercial research. use such as scientific research.
Or. en
Amendment 139 Anne Sander, Françoise Grossetête
Proposal for a directive Article 3 – paragraph 1
Text proposed by the Commission Amendment
1. Member States shall provide for an 1. Member States shall provide for an exception to the rights provided for in exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC and 5(a) and 7(1) of Directive 96/9/EC and Article 11(1) of this Directive for Article 11(1) of this Directive for reproductions and extractions made by reproductions and extractions made by PE592.364v01-00 88/151 AM\1107736EN.docx EN research organisations in order to carry out research organisations in order to carry out text and data mining of works or other text and data mining of works or other subject-matter to which they have lawful subject-matter to which they have lawful access for the purposes of scientific access acquired for the purposes of research. scientific research.
Or. en
Amendment 140 Michèle Rivasi on behalf of the Verts/ALE Group
Proposal for a directive Article 3 – paragraph 1 a (new)
Text proposed by the Commission Amendment
1 a. Member States shall provide for rightholders who market works or other subject-matter primarily for research purposes, to have an obligation to allow public interest research organisations not having lawful access to those works or other subject- matter access to datasets that enable them to carry out only text and data mining. Member States may also provide for rightholders to have a right to request compensation for meeting this obligation as long as that compensation is related to the cost of formatting these datasets.
Or. en
Amendment 141 Pilar del Castillo Vera
Proposal for a directive Article 3 – paragraph 1 a (new)
Text proposed by the Commission Amendment
1 a. article 3 – paragraph 1 1. Member States shall provide for an exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC and AM\1107736EN.docx 89/151 PE592.364v01-00 EN Article 11(1) of this Directive for reproductions and extractions made by researchers, industry, public and private organisations, startups and individuals in order to carry out text and data mining of works or other subject-matter to which they have lawful access.
Or. en
Amendment 142 Patrizia Toia
Proposal for a directive Article 3 – paragraph 1 a (new)
Text proposed by the Commission Amendment
1 a. Text and data mining for research and teaching purposes without commercial exploitation should be the subject of an exception allowing access and use without compensation of rightsholders;
Or. en
Amendment 143 Cornelia Ernst
Proposal for a directive Article 3 – paragraph 3
Text proposed by the Commission Amendment
3. Rightholders shall be allowed to 3. Rightholders shall not be allowed apply measures to ensure the security and to apply measures that have the effect of integrity of the networks and databases limiting the exception provided for in where the works or other subject-matter are paragraph 1. Measures to ensure the hosted. Such measures shall not go beyond security of the networks and databases what is necessary to achieve that objective. where the works or other subject-matter are hosted may be applied. Such measures shall not go beyond what is necessary to achieve the objective of network security. These measures should not prevent or unreasonably restrict the ability to text and data mine or the ability to develop PE592.364v01-00 90/151 AM\1107736EN.docx EN text and data mining tools different from those offered by the rightholders.
Or. en
Amendment 144 Dario Tamburrano, Isabella Adinolfi, David Borrelli, Laura Ferrara
Proposal for a directive Article 3 – paragraph 3
Text proposed by the Commission Amendment
3. Rightholders shall be allowed to 3. Rightholders shall not be allowed apply measures to ensure the security and to apply technological measures to prevent integrity of the networks and databases or hinder beneficiaries from benefiting where the works or other subject-matter are from the exception provided for in hosted. Such measures shall not go beyond paragraph 1, unless to ensure the security what is necessary to achieve that objective. and integrity of the networks and databases where the works or other subject-matter are hosted. Such measures shall be transparent, non-discriminatory, proportionate and shall not go beyond what is necessary to achieve that objective.
Or. en
Amendment 145 Rolandas Paksas
Proposal for a directive Article 3 – paragraph 3
Text proposed by the Commission Amendment
3. Rightholders shall be allowed to 3. Rightholders shall not be allowed apply measures to ensure the security and to apply technological measures to prevent integrity of the networks and databases or hinder beneficiaries from benefiting where the works or other subject-matter from the exception provided for in are hosted. Such measures shall not go paragraph 1, unless to ensure the security beyond what is necessary to achieve that of the networks and databases where the objective. works or other subject-matter are hosted.
Or. en
AM\1107736EN.docx 91/151 PE592.364v01-00 EN Amendment 146 Michał Boni
Proposal for a directive Article 3 – paragraph 3
Text proposed by the Commission Amendment
3. Rightholders shall be allowed to 3. Rightholders shall be allowed to apply measures to ensure the security and apply measures to ensure the security of integrity of the networks and databases the networks and databases where the where the works or other subject-matter are works or other subject-matter are hosted. hosted. Such measures shall not go beyond Such measures shall not go beyond what is what is necessary to achieve that objective. necessary to achieve that objective.
Or. en
Amendment 147 Cornelia Ernst
Proposal for a directive Article 3 – paragraph 4
Text proposed by the Commission Amendment
4. Member States shall encourage deleted rightholders and research organisations to define commonly-agreed best practices concerning the application of the measures referred to in paragraph 3.
Or. en
Amendment 148 Theresa Griffin, Jude Kirton-Darling, Mary Honeyball, Clare Moody
Proposal for a directive Article 3 – paragraph 4
Text proposed by the Commission Amendment
4. Member States shall encourage deleted rightholders and research organisations to define commonly-agreed best practices concerning the application of the measures referred to in paragraph 3.
PE592.364v01-00 92/151 AM\1107736EN.docx EN Or. en
Amendment 149 Dario Tamburrano, Isabella Adinolfi, David Borrelli, Laura Ferrara
Proposal for a directive Article 3 – paragraph 4
Text proposed by the Commission Amendment
4. Member States shall encourage 4. Member States shall encourage rightholders and research organisations to rightholders and beneficiaries to define define commonly-agreed best practices commonly-agreed best practices across the concerning the application of the measures Union concerning the development of referred to in paragraph 3. technologies implementing the exception provided for in paragraph 1 as well as the application of the measures referred to in paragraph 3. These best practices shall be made easily and effectively accessible to the public.
Or. en
Amendment 150 Rolandas Paksas
Proposal for a directive Article 3 – paragraph 4
Text proposed by the Commission Amendment
4. Member States shall encourage 4. Member States shall encourage rightholders and research organisations to rightholders to make technological define commonly-agreed best practices measures that might impact upon use of concerning the application of the the exception provided for in Paragraph 1 measures referred to in paragraph 3. transparent to the public.
Or. en
Amendment 151 Esther de Lange
Proposal for a directive Article 3 – paragraph 4 – subparagraph 1 (new)
AM\1107736EN.docx 93/151 PE592.364v01-00 EN Text proposed by the Commission Amendment
5. Research organisations conducting text and data mining shall apply measures ensuring data retrieved by the text and data mining process is not being stored longer than necessary for the purposes of the research
Or. en
Amendment 152 Theresa Griffin, Jude Kirton-Darling, Mary Honeyball, Pervenche Berès, Julie Ward, Clare Moody
Proposal for a directive Article 3 – paragraph 4 – point 1 (new)
Text proposed by the Commission Amendment
(1) Legal redress should be available for those under excessive circumstances referenced under Paragraph 3.
Or. en
Amendment 153 Michèle Rivasi on behalf of the Verts/ALE Group
Proposal for a directive Article 3 – paragraph 4 a (new)
Text proposed by the Commission Amendment
4 a. Member States shall designate a facility to store datasets used in research by text and data mining technologies securely and to make such datasets accessible only for verification purposes. The European Commission shall elaborate guidelines and take steps in order to primarily achieve interoperability, with a view towards greater integration in the European Science Cloud;
PE592.364v01-00 94/151 AM\1107736EN.docx EN Or. en
Amendment 154 Anne Sander, Françoise Grossetête
Proposal for a directive Article 3 – paragraph 4 a (new)
Text proposed by the Commission Amendment
4 a. Copies of content obtained for mining text and data must be kept in a secure way, must be deleted after a reasonable time and may not be stored or preserved in any manner or form following the end of the TDM project. Any resulting TDM copies stored or preserved for longer than what is reasonable, shall constitute infringing copies.
Or. en
Amendment 155 Rolandas Paksas
Proposal for a directive Article 4 – title
Text proposed by the Commission Amendment
Use of works and other subject-matter in Use of works and other subject-matter digital and cross-border teaching activities in teaching activities
Or. en
Amendment 156 Dario Tamburrano, Isabella Adinolfi, David Borrelli, Laura Ferrara
Proposal for a directive Article 4 – paragraph 1 – introductory part
Text proposed by the Commission Amendment
1. Member States shall provide for an 1. Member States shall provide for an exception or limitation to the rights exception to the rights provided for in AM\1107736EN.docx 95/151 PE592.364v01-00 EN provided for in Articles 2 and 3 of Articles 2 and 3 of Directive 2001/29/EC, Directive 2001/29/EC, Articles 5(a) and Articles 5(a) and 7(1) of Directive 7(1) of Directive 96/9/EC, Article 4(1) of 96/9/EC, Article 11(1) of this Directive Directive 2009/24/EC and Article 11(1) of and Article 4(1) of Directive 2009/24/EC this Directive in order to allow for the in order to allow for the digital use of digital use of works and other subject- works and other subject-matter for the sole matter for the sole purpose of illustration purpose of illustration for teaching or for teaching, to the extent justified by the scientific research, including private non-commercial purpose to be achieved, study, to the extent justified by the non- provided that the use: commercial purpose to be achieved, provided that the use is accompanied by the indication of the source, including the author's name, unless this turns out to be impossible.
Or. en
Amendment 157 Rolandas Paksas
Proposal for a directive Article 4 – paragraph 1 – introductory part
Text proposed by the Commission Amendment
1. Member States shall provide for an 1. Member States shall provide for an exception or limitation to the rights exception or limitation to the rights provided for in Articles 2 and 3 of provided for in Articles 2 and 3 of Directive 2001/29/EC, Articles 5(a) and Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4(1) of 7(1) of Directive 96/9/EC, Article 4(1) of Directive 2009/24/EC and Article 11(1) of Directive 2009/24/EC, Article 4(1) of this Directive in order to allow for the Directive 2009/24/EC and Article 11(1) of digital use of works and other subject- this Directive in order to allow for the use matter for the sole purpose of illustration of works and other subject-matter for the for teaching, to the extent justified by the sole purpose of illustration for teaching or non-commercial purpose to be achieved, scientific research, to the extent justified provided that the use: by the non-commercial purpose to be achieved, provided that the use:
Or. en
Amendment 158 Cornelia Ernst
Proposal for a directive Article 4 – paragraph 1 – introductory part
PE592.364v01-00 96/151 AM\1107736EN.docx EN Text proposed by the Commission Amendment
1. Member States shall provide for an 1. Member States shall provide for an exception or limitation to the rights exception or limitation to the rights provided for in Articles 2 and 3 of provided for in Articles 2 and 3 of Directive 2001/29/EC, Articles 5(a) and Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4(1) of 7(1) of Directive 96/9/EC, Article 4(1) of Directive 2009/24/EC and Article 11(1) of Directive 2009/24/EC and Article 11(1) of this Directive in order to allow for the this Directive in order to allow for the digital use of works and other subject- digital use of works and other subject- matter for the sole purpose of illustration matter for the sole purpose of illustration for teaching, to the extent justified by the for teaching or scientific research, to the non-commercial purpose to be achieved, extent justified by the non-commercial provided that the use: purpose to be achieved, provided that the use:
Or. en
Amendment 159 Theresa Griffin, Miriam Dalli, Jude Kirton-Darling, Mary Honeyball, Julie Ward, Clare Moody, Alessia Maria Mosca
Proposal for a directive Article 4 – paragraph 1 – introductory part
Text proposed by the Commission Amendment
1. Member States shall provide for an 1. Member States shall provide for an exception or limitation to the rights exception or limitation to the rights provided for in Articles 2 and 3 of provided for in Articles 2 and 3 of Directive 2001/29/EC, Articles 5(a) and Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4(1) of 7(1) of Directive 96/9/EC, Article 4(1) of Directive 2009/24/EC and Article 11(1) of Directive 2009/24/EC and Article 11(1) of this Directive in order to allow for the this Directive in order to allow for the digital use of works and other subject- digital use of works and other subject- matter for the sole purpose of illustration matter for the sole purpose of illustration for teaching, to the extent justified by the for teaching or research, to the extent non-commercial purpose to be achieved, justified by the non-commercial purpose to provided that the use: be achieved, provided that the use:
Or. en
Amendment 160 Dario Tamburrano, Isabella Adinolfi, David Borrelli, Laura Ferrara
Proposal for a directive Article 4 – paragraph 1 – point a AM\1107736EN.docx 97/151 PE592.364v01-00 EN
Text proposed by the Commission Amendment
(a) takes place on the premises of an deleted educational establishment or through a secure electronic network accessible only by the educational establishment's pupils or students and teaching staff;
Or. en
Amendment 161 Rolandas Paksas
Proposal for a directive Article 4 – paragraph 1 – point a
Text proposed by the Commission Amendment
(a) takes place on the premises of an (a) takes place on the premises of an educational establishment or through a educational establishment or other secure electronic network accessible only education venue, such as cultural by the educational establishment's pupils or heritage institutions, or research students and teaching staff; organisations or through a secure electronic network accessible only by the educational establishment's pupils or students and teaching staff, or registered members of the cultural heritage institution involved in informal education;
Or. en
Amendment 162 Theresa Griffin, Miriam Dalli, Jude Kirton-Darling, Mary Honeyball, Julie Ward, Clare Moody, Alessia Maria Mosca
Proposal for a directive Article 4 – paragraph 1 – point a
Text proposed by the Commission Amendment
(a) takes place on the premises of an (a) takes place on the premises of an educational establishment or through a educational establishment, whether formal secure electronic network accessible only or non-formal, or through a secure by the educational establishment's pupils electronic network accessible only by the or students and teaching staff; educational establishment pupils or students, teaching staff, or registered
PE592.364v01-00 98/151 AM\1107736EN.docx EN member;
Or. en
Amendment 163 Michèle Rivasi on behalf of the Verts/ALE Group
Proposal for a directive Article 4 – paragraph 1 – point a
Text proposed by the Commission Amendment
(a) takes place on the premises of an (a) is restricted to the specifically educational establishment or through a limited circle of those taking part in the secure electronic network accessible only teaching activity such as pupils or students by the educational establishment's pupils and teaching staff; or students and teaching staff;
Or. en
Amendment 164 Dario Tamburrano, Isabella Adinolfi, David Borrelli, Laura Ferrara
Proposal for a directive Article 4 – paragraph 1 – point b
Text proposed by the Commission Amendment
(b) is accompanied by the indication deleted of the source, including the author's name, unless this turns out to be impossible.
Or. en
Amendment 165 Barbara Kappel, Angelo Ciocca, Lorenzo Fontana
Proposal for a directive Article 4 – paragraph 1 – point b
Text proposed by the Commission Amendment
(b) is accompanied by the indication of (b) is accompanied by the indication of
AM\1107736EN.docx 99/151 PE592.364v01-00 EN the source, including the author's name, the source, including the author's name, unless this turns out to be impossible. where this is possible with a reasonable effort.
Or. de
Amendment 166 Dario Tamburrano, Isabella Adinolfi, David Borrelli, Laura Ferrara
Proposal for a directive Article 4 – paragraph 1 a (new)
Text proposed by the Commission Amendment
1 a. Any contractual provision contrary to the exception provided for in paragraph 1 shall be unenforceable.
Or. en
Amendment 167 Cornelia Ernst
Proposal for a directive Article 4 – paragraph 2
Text proposed by the Commission Amendment
2. Member States may provide that deleted the exception adopted pursuant to paragraph 1 does not apply generally or as regards specific types of works or other subject-matter, to the extent that adequate licences authorising the acts described in paragraph 1 are easily available in the market. Member States availing themselves of the provision of the first subparagraph shall take the necessary measures to ensure appropriate availability and visibility of the licences authorising the acts described in paragraph 1 for educational establishments.
Or. en
PE592.364v01-00 100/151 AM\1107736EN.docx EN
Amendment 168 Dario Tamburrano, Isabella Adinolfi, David Borrelli, Laura Ferrara
Proposal for a directive Article 4 – paragraph 2 – subparagraph 1
Text proposed by the Commission Amendment
Member States may provide that the deleted exception adopted pursuant to paragraph 1 does not apply generally or as regards specific types of works or other subject- matter, to the extent that adequate licences authorising the acts described in paragraph 1 are easily available in the market.
Or. en
Amendment 169 Patrizia Toia
Proposal for a directive Article 4 – paragraph 2 – subparagraph 1
Text proposed by the Commission Amendment
Member States may provide that the Member States may provide that the exception adopted pursuant to paragraph 1 exception adopted pursuant to paragraph 1 does not apply generally or as regards does not apply generally or as regards specific types of works or other subject- specific types of works or other subject- matter, to the extent that adequate licences matter, to the extent that adequate licences authorising the acts described in paragraph authorising the acts described in paragraph 1 are easily available in the market. 1 are easily available on the market under conditions that are fair and in line with the actual possibility for establishments to purchase them in view of their budgetary constraints.
Or. it
Amendment 170 Michèle Rivasi on behalf of the Verts/ALE Group
AM\1107736EN.docx 101/151 PE592.364v01-00 EN Proposal for a directive Article 4 – paragraph 2 – subparagraph 1
Text proposed by the Commission Amendment
Member States may provide that the Member States may provide that the exception adopted pursuant to paragraph 1 exception adopted pursuant to paragraph 1 does not apply generally or as regards does not apply generally or as regards specific types of works or other subject- specific types of works or other subject- matter, to the extent that adequate licences matter, to the extent that adequate extended authorising the acts described in paragraph collective licencing agreements 1 are easily available in the market. authorising the acts described in paragraph 1 exist and are tailored to the needs and specificities of educational establishments.
Or. en
Amendment 171 Dario Tamburrano, Isabella Adinolfi, David Borrelli, Laura Ferrara
Proposal for a directive Article 4 – paragraph 2 – subparagraph 2
Text proposed by the Commission Amendment
Member States availing themselves of the deleted provision of the first subparagraph shall take the necessary measures to ensure appropriate availability and visibility of the licences authorising the acts described in paragraph 1 for educational establishments.
Or. en
Amendment 172 Theresa Griffin, Giorgos Grammatikakis, Jude Kirton-Darling, Mary Honeyball, Pervenche Berès, Julie Ward, Clare Moody
Proposal for a directive Article 4 – paragraph 2 – subparagraph 2
Text proposed by the Commission Amendment
Member States availing themselves of the Member States availing themselves of the provision of the first subparagraph shall provision of the first subparagraph shall
PE592.364v01-00 102/151 AM\1107736EN.docx EN take the necessary measures to ensure take the necessary measures to ensure appropriate availability and visibility of the appropriate availability and visibility of the licences authorising the acts described in licences, through an easily accessible paragraph 1 for educational establishments. database, authorising the acts described in paragraph 1 for educational establishments.
Or. en
Amendment 173 Cornelia Ernst
Proposal for a directive Article 4 – paragraph 2 a (new)
Text proposed by the Commission Amendment
2 a. Any contractual provision contrary to the exception provided for in paragraph 1 shall be unenforceable.
Or. en
Amendment 174 Cornelia Ernst
Proposal for a directive Article 4 – paragraph 3
Text proposed by the Commission Amendment
3. The use of works and other deleted subject-matter for the sole purpose of illustration for teaching through secure electronic networks undertaken in compliance with the provisions of national law adopted pursuant to this Article shall be deemed to occur solely in the Member State where the educational establishment is established.
Or. en
Amendment 175 Rolandas Paksas
AM\1107736EN.docx 103/151 PE592.364v01-00 EN Proposal for a directive Article 4 – paragraph 3
Text proposed by the Commission Amendment
3. The use of works and other subject- 3. The use of works and other subject- matter for the sole purpose of illustration matter for the sole purpose of illustration for teaching through secure electronic for teaching through secure electronic networks undertaken in compliance with networks undertaken in compliance with the provisions of national law adopted the provisions of national law adopted pursuant to this Article shall be deemed to pursuant to this Article shall be deemed to occur solely in the Member State where the occur solely in the Member State where the educational establishment is established. educational establishment cultural heritage institution or research organization is established.
Or. en
Amendment 176 Dario Tamburrano, Isabella Adinolfi, David Borrelli, Laura Ferrara
Proposal for a directive Article 4 – paragraph 3
Text proposed by the Commission Amendment
3. The use of works and other subject- 3. The use of works and other subject- matter for the sole purpose of illustration matter for the sole purpose of illustration for teaching through secure electronic for teaching or scientific research, networks undertaken in compliance with including private study, undertaken in the provisions of national law adopted compliance with the provisions of national pursuant to this Article shall be deemed to law adopted pursuant to this Article shall occur solely in the Member State where the be deemed to occur solely in the Member educational establishment is established. State where the beneficiary is established.
Or. en
Amendment 177 Rolandas Paksas
Proposal for a directive Article 4 – paragraph 4
Text proposed by the Commission Amendment
4. Member States may provide for fair 4. Member States may provide for fair compensation for the harm incurred by compensation for any unreasonable
PE592.364v01-00 104/151 AM\1107736EN.docx EN the rightholders due to the use of their prejudice to the legitimate interests of works or other subject-matter pursuant to rightholders incurred due to the use of paragraph 1. their works or other subject-matter pursuant to paragraph 1. .
Or. en
Amendment 178 Dario Tamburrano, Isabella Adinolfi, David Borrelli, Laura Ferrara
Proposal for a directive Article 4 – paragraph 4
Text proposed by the Commission Amendment
4. Member States may provide for fair 4. 4. Member States may provide for compensation for the harm incurred by fair compensation for any unreasonable the rightholders due to the use of their prejudice to the legitimate interests of works or other subject-matter pursuant to rightholders due to the use of their works paragraph 1. or other subject-matter pursuant to paragraph 1.
Or. en
Amendment 179 Theresa Griffin, Jude Kirton-Darling, Mary Honeyball, Pervenche Berès, Julie Ward, Clare Moody
Proposal for a directive Article 4 – paragraph 4
Text proposed by the Commission Amendment
4. Member States may provide for fair 4. Member States may provide for fair compensation for the harm incurred by the compensation for any undue financial rightholders due to the use of their works harm incurred by the rightholders due to or other subject-matter pursuant to the use of their works or other subject- paragraph 1. matter pursuant to paragraph 1.
Or. en
Amendment 180 Barbara Kappel, Angelo Ciocca, Lorenzo Fontana
AM\1107736EN.docx 105/151 PE592.364v01-00 EN Proposal for a directive Article 4 – paragraph 4
Text proposed by the Commission Amendment
4. Member States may provide for fair 4. Member States should provide for compensation for the harm incurred by the fair compensation for the harm incurred by rightholders due to the use of their works the rightholders due to the use of their or other subject-matter pursuant to works or other subject-matter pursuant to paragraph 1. paragraph 1.
Or. en
Amendment 181 Cornelia Ernst
Proposal for a directive Article 4 – paragraph 4
Text proposed by the Commission Amendment
4. Member States may provide for fair 4. Member States may provide for fair compensation for the harm incurred by the compensation for the rightholders due to rightholders due to the use of their works undue use of their works or other subject- or other subject-matter pursuant to matter pursuant to paragraph 1. paragraph 1.
Or. en
Amendment 182 Theresa Griffin, Miriam Dalli, Jude Kirton-Darling, Mary Honeyball, Julie Ward, Clare Moody, Alessia Maria Mosca
Proposal for a directive Article 5 – paragraph 1
Text proposed by the Commission Amendment
Member States shall provide for an Member States shall provide for an exception to the rights provided for in exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 5(a) and 7(1) of Directive 96/9/EC, Article 4(1)(a) of Directive 2009/24/EC and 4(1)(a) of Directive 2009/24/EC and Article 11(1) of this Directive, permitting Article 11(1) of this Directive, permitting cultural heritage institutions, to make cultural heritage institutions, research copies of any works or other subject-matter organisations and educational that are permanently in their collections, in establishments, both formal and non-
PE592.364v01-00 106/151 AM\1107736EN.docx EN any format or medium, for the sole formal, to make copies of any works or purpose of the preservation of such works other subject-matter that are permanently or other subject-matter and to the extent in their collections, in any format or necessary for such preservation. medium, for the purposes of preservation, research and education.
Or. en
Amendment 183 Rolandas Paksas
Proposal for a directive Article 5 – paragraph 1
Text proposed by the Commission Amendment
Member States shall provide for an Member States shall provide for an exception to the rights provided for in exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 5(a) and 7(1) of Directive 96/9/EC, Article 4(1)(a) of Directive 2009/24/EC and 4(1)(a) of Directive 2009/24/EC and Article 11(1) of this Directive, permitting Article 11(1) of this Directive, permitting cultural heritage institutions, to make cultural heritage institutions, research copies of any works or other subject-matter organisations, and educational that are permanently in their collections, in establishments to make copies of any any format or medium, for the sole purpose works or other subject-matter that are of the preservation of such works or other permanently in their collections, in any subject-matter and to the extent necessary format or medium, for the sole purpose of for such preservation. the preservation of such works or other subject-matter and to the extent necessary for such preservation.
Or. en
Amendment 184 Fredrick Federley, Marietje Schaake, Kaja Kallas
Proposal for a directive Article 5 – paragraph 1 a (new)
Text proposed by the Commission Amendment
Member States shall provide for an exception or limitation to the rights provided for in Articles 2 and 3 of Directive 2001/29/EC and point (a) of Article 5 and Article 7(1) of Directive AM\1107736EN.docx 107/151 PE592.364v01-00 EN 96/9/EC, permitting the reproduction and use of works, such as works of architecture or sculpture, made to be located permanently in public places. Any contractual provision contrary to the exception provided for in this Article shall be unenforceable.
Or. en
Justification
Certain services within the European economy have always been developed and taken place in public spaces. The limitation of access are re-use of such spaces by authors, who have been already paid for the permanent installation of their work,would restrict industrial activity, market access and innovation
Amendment 185 Michèle Rivasi on behalf of the Verts/ALE Group
Proposal for a directive Article 6 – paragraph 1 a (new)
Text proposed by the Commission Amendment
In order to foster innovation and cooperation in the field of scientific research, Member States should establish national public platforms offering open access services. These platforms should be interoperable with public platforms of other Member States and with a European-wide platform, established by the European Union. Research works financed by public funds should be deposited on these public platforms after a period of six months for life sciences and 12 months for social sciences, regardless of existing licensing agreements.
Or. en
Amendment 186 Theresa Griffin, Jude Kirton-Darling, Mary Honeyball, Pervenche Berès, Julie Ward, Clare Moody, Alessia Maria Mosca
PE592.364v01-00 108/151 AM\1107736EN.docx EN Proposal for a directive Article 7 – paragraph 2 – subparagraph 2
Text proposed by the Commission Amendment
Member States shall, in consultation with Member States shall, in consultation with rightholders, collective management rightholders, collective management organisations and cultural heritage organisations and cultural heritage institutions, ensure that the requirements institutions, ensure that the requirements used to determine whether works and other used to determine whether works and other subject-matter can be licensed in subject-matter can be licensed in accordance with paragraph 1 do not extend accordance with paragraph 1 do not extend beyond what is necessary and reasonable beyond what is necessary and reasonable and do not preclude the possibility to and do not preclude the possibility to determine the out-of-commerce status of a determine the out-of-commerce status of a collection as a whole, when it is reasonable collection as a whole, when it is reasonable to presume that all works or other subject- to presume that all works or other subject- matter in the collection are out of matter in the collection are out of commerce. commerce. In the event that a collective management organisation does not exist or adequately represent the rights of rightsholders, Member States should provide exceptions for cultural heritage institutions, research organisations and educational establishments, both formal and non-formal, to distribute, communicate to the public or make available out-of-commerce-works for non- commercial purposes. Member States should ensure appropriate remuneration for any unreasonable prejudice to the legitimate interests of the rightsholders and ensure that all rightsholders may at any time object to the use of their works.
Or. en
Amendment 187 Theresa Griffin, Jude Kirton-Darling, Mary Honeyball, Pervenche Berès, Julie Ward, Clare Moody
Proposal for a directive Article 9 – paragraph 1
Text proposed by the Commission Amendment
Member States shall ensure a regular Member States shall ensure a regular dialogue between representative users' and dialogue between representative users' and rightholders' organisations, and any other rightholders' organisations, and any other AM\1107736EN.docx 109/151 PE592.364v01-00 EN relevant stakeholder organisations, to, on a relevant stakeholder organisations, to, on a sector-specific basis, foster the relevance sector-specific basis, foster the relevance and usability of the licensing mechanisms and usability of the licensing mechanisms referred to in Article 7(1), ensure the referred to in Article 7(1), including effectiveness of the safeguards for resolving issues where cultural heritage rightholders referred to in this Chapter, institutions activities in line with Article 7 notably as regards publicity measures, and, and Article 8 are not being reasonably where applicable, assist in the enabled, and ensure the effectiveness of establishment of the requirements referred the safeguards for rightholders referred to to in the second subparagraph of Article in this Chapter, notably as regards publicity 7(2). measures, and, where applicable, assist in the establishment of the requirements referred to in the second subparagraph of Article 7(2).
Or. en
Amendment 188 Cora van Nieuwenhuizen, Kaja Kallas
Proposal for a directive Article 11
Text proposed by the Commission Amendment
Article 11 deleted Protection of press publications concerning digital uses 1. Member States shall provide publishers of press publications with the rights provided for in Article 2 and Article 3(2) of Directive 2001/29/EC for the digital use of their press publications. 2. The rights referred to in paragraph 1 shall leave intact and shall in no way affect any rights provided for in Union law to authors and other rightholders, in respect of the works and other subject- matter incorporated in a press publication. Such rights may not be invoked against those authors and other rightholders and, in particular, may not deprive them of their right to exploit their works and other subject-matter independently from the press publication in which they are incorporated. 3. Articles 5 to 8 of Directive 2001/29/EC PE592.364v01-00 110/151 AM\1107736EN.docx EN and Directive 2012/28/EU shall apply mutatis mutandis in respect of the rights referred to in paragraph 1. 4. The rights referred to in paragraph 1 shall expire 20 years after the publication of the press publication. This term shall be calculated from the first day of January of the year following the date of publication.
Or. en
Amendment 189 Dario Tamburrano, Isabella Adinolfi, David Borrelli, Laura Ferrara
Proposal for a directive Article 11
Text proposed by the Commission Amendment
Article 11 deleted Protection of press publications concerning digital uses 1. Member States shall provide publishers of press publications with the rights provided for in Article 2 and Article 3(2) of Directive 2001/29/EC for the digital use of their press publications. 2. The rights referred to in paragraph 1 shall leave intact and shall in no way affect any rights provided for in Union law to authors and other rightholders, in respect of the works and other subject- matter incorporated in a press publication. Such rights may not be invoked against those authors and other rightholders and, in particular, may not deprive them of their right to exploit their works and other subject-matter independently from the press publication in which they are incorporated. 3. Articles 5 to 8 of Directive 2001/29/EC and Directive 2012/28/EU shall apply mutatis mutandis in respect of the rights referred to in paragraph 1. 4. The rights referred to in paragraph 1 AM\1107736EN.docx 111/151 PE592.364v01-00 EN shall expire 20 years after the publication of the press publication. This term shall be calculated from the first day of January of the year following the date of publication.
Or. en
Amendment 190 Cornelia Ernst
Proposal for a directive Article 11
Text proposed by the Commission Amendment
Article 11 deleted Protection of press publications concerning digital uses 1. Member States shall provide publishers of press publications with the rights provided for in Article 2 and Article 3(2) of Directive 2001/29/EC for the digital use of their press publications. 2. The rights referred to in paragraph 1 shall leave intact and shall in no way affect any rights provided for in Union law to authors and other rightholders, in respect of the works and other subject- matter incorporated in a press publication. Such rights may not be invoked against those authors and other rightholders and, in particular, may not deprive them of their right to exploit their works and other subject-matter independently from the press publication in which they are incorporated. 3. Articles 5 to 8 of Directive 2001/29/EC and Directive 2012/28/EU shall apply mutatis mutandis in respect of the rights referred to in paragraph 1. 4. The rights referred to in paragraph 1 shall expire 20 years after the publication of the press publication. This term shall be calculated from the first day of January of the year following the date of
PE592.364v01-00 112/151 AM\1107736EN.docx EN publication.
Or. en
Amendment 191 Miroslav Poche
Proposal for a directive Article 11
Text proposed by the Commission Amendment
Article 11 deleted Protection of press publications concerning digital uses 1.Member States shall provide publishers of press publications with the rights provided for in Article 2 and Article 3(2) of Directive 2001/29/EC for the digital use of their press publications. 2.The rights referred to in paragraph 1 shall leave intact and shall in no way affect any rights provided for in Union law to authors and other rightholders, in respect of the works and other subject- matter incorporated in a press publication. Such rights may not be invoked against those authors and other rightholders and, in particular, may not deprive them of their right to exploit their works and other subject-matter independently from the press publication in which they are incorporated. 3.Articles 5 to 8 of Directive 2001/29/EC and Directive 2012/28/EU shall apply mutatis mutandis in respect of the rights referred to in paragraph 1. 4.The rights referred to in paragraph 1 shall expire 20 years after the publication of the press publication. This term shall be calculated from the first day of January of the year following the date of publication.
Or. cs
AM\1107736EN.docx 113/151 PE592.364v01-00 EN
Amendment 192 Miriam Dalli, Giorgos Grammatikakis
Proposal for a directive Article 11 – title
Text proposed by the Commission Amendment
Protection of press publications Protection of press publications concerning digital uses
Or. en
Justification
Print editions are worth as much protection as digital editions. For this reason it is essential to ensure that rights are granted for both digital and non-digital use and remove any wording that can exclude non-digital uses.
Amendment 193 Zdzisław Krasnodębski
Proposal for a directive Article 11 – paragraph 1
Text proposed by the Commission Amendment
1. Member States shall provide 1. When a contract concerning press publishers of press publications with the publications is concluded, individually or rights provided for in Article 2 and Article collectively, by authors with a publisher, 3(2) of Directive 2001/29/EC for the the author covered by this contract shall digital use of their press publications. be presumed, subject to contractual clauses to the contrary, to have transferred his rights provided for in Article 2 and Article 3(2) of Directive 2001/29/EC for the digital use of their press publications.
Or. en
Amendment 194 Miriam Dalli, Giorgos Grammatikakis
Proposal for a directive Article 11 – paragraph 1
PE592.364v01-00 114/151 AM\1107736EN.docx EN Text proposed by the Commission Amendment
1. Member States shall provide 1. Member States shall provide publishers of press publications with the publishers of press publications with the rights provided for in Article 2 and Article rights provided for in Article 2 and Article 3(2) of Directive 2001/29/EC for the 3(2) of Directive 2001/29/EC for the use of digital use of their press publications. their press publications.
Or. en
Justification
Print editions are worth as much protection as digital editions. For this reason it is essential to ensure that rights are granted for both digital and non-digital use and remove any wording that can exclude non-digital uses.
Amendment 195 Angelika Niebler, Herbert Reul, Pascal Arimont
Proposal for a directive Article 11 – paragraph 1
Text proposed by the Commission Amendment
1. Member States shall provide 1. Member States shall provide publishers of press publications with the publishers of press publications with the rights provided for in Article 2 and Article rights provided for in Article 2 and Article 3(2) of Directive 2001/29/EC for the 3(2) of Directive 2001/29/EC for the use of digital use of their press publications. their press publications.
Or. en
Amendment 196 Zdzisław Krasnodębski
Proposal for a directive Article 11 – paragraph 2
Text proposed by the Commission Amendment
2. The rights referred to in deleted paragraph 1 shall leave intact and shall in no way affect any rights provided for in Union law to authors and other rightholders, in respect of the works and other subject-matter incorporated in a press publication. Such rights may not be
AM\1107736EN.docx 115/151 PE592.364v01-00 EN invoked against those authors and other rightholders and, in particular, may not deprive them of their right to exploit their works and other subject-matter independently from the press publication in which they are incorporated.
Or. en
Amendment 197 Angelika Niebler, Herbert Reul, Pascal Arimont, Esther de Lange
Proposal for a directive Article 11 – paragraph 2 a (new)
Text proposed by the Commission Amendment
2 a. The rights to referred in paragraph 1 shall not extend to acts of hyperlinking as they do not constitute communication to the public.
Or. en
Amendment 198 Zdzisław Krasnodębski
Proposal for a directive Article 11 – paragraph 3
Text proposed by the Commission Amendment
3. Articles 5 to 8 of Directive deleted 2001/29/EC and Directive 2012/28/EU shall apply mutatis mutandis in respect of the rights referred to in paragraph 1.
Or. en
Amendment 199 Zdzisław Krasnodębski
Proposal for a directive Article 11 – paragraph 4
PE592.364v01-00 116/151 AM\1107736EN.docx EN Text proposed by the Commission Amendment
4. The rights referred to in deleted paragraph 1 shall expire 20 years after the publication of the press publication. This term shall be calculated from the first day of January of the year following the date of publication.
Or. en
Amendment 200 Angelika Niebler, Pascal Arimont
Proposal for a directive Article 11 – paragraph 4
Text proposed by the Commission Amendment
4. The rights referred to in paragraph 4. The rights referred to in paragraph 1 shall expire 20 years after the publication 1 shall expire 15 years after the publication of the press publication. This term shall be of the press publication. This term shall be calculated from the first day of January of calculated from the first day of January of the year following the date of publication. the year following the date of publication.
Or. en
Amendment 201 Theresa Griffin, José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Giorgos Grammatikakis, Jude Kirton-Darling, Mary Honeyball, Pervenche Berès, Julie Ward, Clare Moody, Virginie Rozière
Proposal for a directive Article 11 – paragraph 4 a (new)
Text proposed by the Commission Amendment
4 a. Member States should ensure that a fair share of the revenue derived from the uses of the press publishers rights is attributed to journalists.
Or. en
Amendment 202 AM\1107736EN.docx 117/151 PE592.364v01-00 EN Anne Sander, Françoise Grossetête
Proposal for a directive Article 12 – paragraph 1
Text proposed by the Commission Amendment
Member States may provide that where an Member States may provide that where an author has transferred or licensed a right to author has transferred or licensed a right to a publisher, such a transfer or a licence a publisher, this publisher is right holder constitutes a sufficient legal basis for the by virtue and to the extent of such a publisher to claim a share of the transfer or a licence. Therefore, this compensation for the uses of the work transfer of licence constitutes a sufficient made under an exception or limitation to legal basis for the publisher to claim a the transferred or licensed right. share of the compensation for the uses of the work made under an exception or statutory collective licensing or limitation to the transferred or licensed right.
Or. en
Amendment 203 Cora van Nieuwenhuizen, Kaja Kallas
Proposal for a directive Chapter 4 – title
Text proposed by the Commission Amendment
Certain uses of protected content by online Certain uses of protected content by the services users of online services
Or. en
Amendment 204 Peter Kouroumbashev
Proposal for a directive Article 13
Text proposed by the Commission Amendment
Article 13 deleted Use of protected content by information society service providers storing and giving access to large amounts of works and other subject-matter uploaded by PE592.364v01-00 118/151 AM\1107736EN.docx EN their users 1.Information society service providers that store and provide to the public access to large amounts of works or other subject-matter uploaded by their users shall, in cooperation with rightholders, take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject-matter or to prevent the availability on their services of works or other subject-matter identified by rightholders through the cooperation with the service providers. Those measures, such as the use of effective content recognition technologies, shall be appropriate and proportionate. The service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures, as well as, when relevant, adequate reporting on the recognition and use of the works and other subject-matter. 2.Member States shall ensure that the service providers referred to in paragraph 1 put in place complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraph 1. 3.Member States shall facilitate, where appropriate, the cooperation between the information society service providers and rightholders through stakeholder dialogues to define best practices, such as appropriate and proportionate content recognition technologies, taking into account, among others, the nature of the services, the availability of the technologies and their effectiveness in light of technological developments.
Or. bg
Amendment 205 Cornelia Ernst
Proposal for a directive
AM\1107736EN.docx 119/151 PE592.364v01-00 EN Article 13
Text proposed by the Commission Amendment
Article 13 deleted Use of protected content by information society service providers storing and giving access to large amounts of works and other subject-matter uploaded by their users 1. Information society service providers that store and provide to the public access to large amounts of works or other subject-matter uploaded by their users shall, in cooperation with rightholders, take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject-matter or to prevent the availability on their services of works or other subject-matter identified by rightholders through the cooperation with the service providers. Those measures, such as the use of effective content recognition technologies, shall be appropriate and proportionate. The service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures, as well as, when relevant, adequate reporting on the recognition and use of the works and other subject-matter. 2. Member States shall ensure that the service providers referred to in paragraph 1 put in place complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraph 1. 3. Member States shall facilitate, where appropriate, the cooperation between the information society service providers and rightholders through stakeholder dialogues to define best practices, such as appropriate and proportionate content recognition technologies, taking into account, among others, the nature of the services, the availability of the technologies and their effectiveness in light of technological developments. PE592.364v01-00 120/151 AM\1107736EN.docx EN Or. en
Amendment 206 Cora van Nieuwenhuizen, Kaja Kallas
Proposal for a directive Article 13 – title
Text proposed by the Commission Amendment
Use of protected content by information Use of protected content by users of society service providers storing and certain information society services giving access to large amounts of works and other subject-matter uploaded by their users
Or. en
Amendment 207 Theresa Griffin, José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Giorgos Grammatikakis, Jude Kirton-Darling, Mary Honeyball, Pervenche Berès, Julie Ward, Clare Moody
Proposal for a directive Article 13 – title
Text proposed by the Commission Amendment
Use of protected content by information Use of protected content by information society service providers storing and giving society service providers storing and giving access to large amounts of works and other access to significant amounts of works and subject-matter uploaded by their users other subject-matter uploaded by their users
Or. en
Amendment 208 Dario Tamburrano, Isabella Adinolfi, David Borrelli, Laura Ferrara
Proposal for a directive Article 13 – paragraph 1
Text proposed by the Commission Amendment
1. Information society service deleted providers that store and provide to the AM\1107736EN.docx 121/151 PE592.364v01-00 EN public access to large amounts of works or other subject-matter uploaded by their users shall, in cooperation with rightholders, take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject-matter or to prevent the availability on their services of works or other subject-matter identified by rightholders through the cooperation with the service providers. Those measures, such as the use of effective content recognition technologies, shall be appropriate and proportionate. The service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures, as well as, when relevant, adequate reporting on the recognition and use of the works and other subject-matter.
Or. en
Amendment 209 José Blanco López, Sergio Gutiérrez Prieto
Proposal for a directive Article 13 – paragraph 1
Text proposed by the Commission Amendment
1. Information society service 1. 1.Information society service providers that store and provide to the providers that store and provide to the public access to large amounts of works or public access to copyright protected works other subject-matter uploaded by their or other subject-matter uploaded by their users shall, in cooperation with users, thereby going beyond the mere rightholders, take measures to ensure the provision of physical facilities and functioning of agreements concluded with performing an act of communication to rightholders for the use of their works or the public initiated by their users other subject-matter or to prevent the uploading such works or other subject- availability on their services of works or matter, shall conclude licensing other subject-matter identified by agreements with rightholders both for rightholders through the cooperation with communication to the public and the service providers. Those measures, reproduction rights, unless they are such as the use of effective content eligible for the liability exemption recognition technologies, shall be provided in Article 14 of Directive appropriate and proportionate. The service 2000/31/EC. providers shall provide rightholders with 2. The liability exemption provided in adequate information on the functioning Article 14 of Directive 2000/31/EC shall PE592.364v01-00 122/151 AM\1107736EN.docx EN and the deployment of the measures, as not apply to the activities of information well as, when relevant, adequate reporting society service providers which make on the recognition and use of the works protected works and other subject matter and other subject-matter. available to the public and play an active role, including by optimising the presentation of the uploaded works or subject-matter or promoting them. 3. The licensing agreements referred to in paragraph 1 shall be deemed to cover the acts carried out by the users of the information society service providers aforementioned, provided that the users are not acting on a professional basis. 4. Information society service providers that store and provide to the public access to significant amounts of copyright protected works or other subject-matter uploaded by their users shall, in cooperation with rightholders, take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject- matter or to prevent the availability on their services of works or other subject-matter identified by rightholders through the cooperation with the service providers. Those measures, such as the use of effective content recognition technologies, shall be appropriate and proportionate. The service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures, as well as, when relevant, adequate and timely reporting on the recognition and use of the works and other subject-matter. 5. Member States shall ensure that the service providers referred to in paragraph 4 put in place complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraph 4. 6. Information society service providers that take measures referred to in paragraph 4 shall ensure that such measures are in full compliance with Article 15 of Directive 2000/31/EC and the European Charter of Fundamental Rights. 7. Member States shall facilitate, where appropriate, the cooperation between the AM\1107736EN.docx 123/151 PE592.364v01-00 EN information society service providers and rightholders through stakeholder dialogues to define best practices, such as appropriate and proportionate content recognition technologies, taking into account, among others, the nature of the services, the availability of the technologies and their effectiveness in light of technological developments.
Or. en
Amendment 210 Massimiliano Salini
Proposal for a directive Article 13 – paragraph 1
Text proposed by the Commission Amendment
1. Information society service 1. Information society service providers that store and provide to the providers that store and provide to the public access to large amounts of works or public access to copyright-protected works other subject-matter uploaded by their or other subject-matter uploaded by their users shall, in cooperation with users, above and beyond the mere rightholders, take measures to ensure the technical, automatic and passive provision functioning of agreements concluded with of physical facilities, must conclude rightholders for the use of their works or licensing agreements with rightholders other subject-matter or to prevent the not enjoying, in this case, the liability availability on their services of works or exemption provided for in Article 14 of other subject-matter identified by Directive 2000/31/EC of the European rightholders through the cooperation with Parliament and of the Council. In cases the service providers. Those measures, where information society service such as the use of effective content providers are covered by the liability recognition technologies, shall be exemption under Article 14 of Directive appropriate and proportionate. The service 2000/31/EC they shall, in cooperation with providers shall provide rightholders with the rightholders, take measures to ensure adequate information on the functioning the functioning of agreements concluded and the deployment of the measures, as with the rightholders for the use of their well as, when relevant, adequate reporting works or other subject-matter and to on the recognition and use of the works prevent the availability on their services of and other subject-matter. works or other protected subject-matter identified by rightholders through the cooperation with the service providers. Those measures, such as the use of effective content recognition technologies, shall be appropriate and proportionate. In both cases, the service providers shall provide rightholders with adequate PE592.364v01-00 124/151 AM\1107736EN.docx EN information on the functioning and the deployment of the measures, as well as, when relevant, adequate reporting on the recognition and use of the works and other subject-matter.
Or. it
Amendment 211 Patrizia Toia
Proposal for a directive Article 13 – paragraph 1
Text proposed by the Commission Amendment
1. Information society service 1. Information society service providers that store and provide to the providers that store and provide to the public access to large amounts of works or public access to works or other subject- other subject-matter uploaded by their matter uploaded by their users shall, in users shall, in cooperation with cooperation with rightholders, take rightholders, take measures to ensure the measures to ensure the functioning of functioning of agreements concluded with agreements concluded with rightholders for rightholders for the use of their works or the use of their works or other subject- other subject-matter or to prevent the matter or to forestall and prevent the availability on their services of works or availability on their services of works or other subject-matter identified by other subject-matter identified by rightholders through the cooperation with rightholders through the cooperation with the service providers. Those measures, the service providers. Those measures, such as the use of effective content such as the use of effective content recognition technologies, shall be recognition technologies, shall be appropriate and proportionate. The service appropriate and proportionate. The service providers shall provide rightholders with providers shall provide rightholders with adequate information on the functioning adequate information on the functioning and the deployment of the measures, as and the deployment of the measures, as well as, when relevant, adequate reporting well as, when relevant, adequate reporting on the recognition and use of the works on the recognition and use of the works and other subject-matter. and other subject-matter. Failure to take such measures or to implement them and/or other types of cooperation indicated shall involve the liability of the service provider, including as regards the payment of compensation to rightholders, whenever the rights are violated by the users of those services;
Or. it
AM\1107736EN.docx 125/151 PE592.364v01-00 EN Amendment 212 Cora van Nieuwenhuizen, Kaja Kallas
Proposal for a directive Article 13 – paragraph 1
Text proposed by the Commission Amendment
1. Information society service 1. Information society service providers that store and provide to the providers that store information provided public access to large amounts of works by a recipient of the service and enable or other subject-matter uploaded by their users to upload works in such a way as to users shall, in cooperation with make them available to the public shall, rightholders, take measures to ensure the upon obtaining knowledge or awareness functioning of agreements concluded with that an uploaded work subject to rightholders for the use of their works or copyright and other related rights is used other subject-matter or to prevent the in an unauthorised manner, act availability on their services of works or expeditiously to remove or to disable other subject-matter identified by access to the content, except where service rightholders through the cooperation with providers conclude a licensing agreement the service providers. Those measures, with rightholders enabling the content to such as the use of effective content remain available. recognition technologies, shall be appropriate and proportionate. The service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures, as well as, when relevant, adequate reporting on the recognition and use of the works and other subject-matter.
Or. en
Amendment 213 Miroslav Poche
Proposal for a directive Article 13 – paragraph 1
Text proposed by the Commission Amendment
1. Information society service 1. Information society service providers that store and provide to the providers that whose active role enables public access to large amounts of works or them to have knowledge of or control over other subject-matter uploaded by their stored data or to otherwise change or users shall, in cooperation with interfere with works or other protected rightholders, take measures to ensure the subject-matter uploaded by their users, as functioning of agreements concluded with well as to provide access to the public to rightholders for the use of their works or such data, shall, in cooperation with PE592.364v01-00 126/151 AM\1107736EN.docx EN other subject-matter or to prevent the rightholders, take measures to ensure the availability on their services of works or functioning of agreements concluded with other subject-matter identified by rightholders for the use of their works or rightholders through the cooperation with other subject-matter or to prevent the the service providers. Those measures, availability on their services of works or such as the use of effective content other subject-matter identified by recognition technologies, shall be rightholders through the cooperation with appropriate and proportionate. The service the service providers. Those measures, providers shall provide rightholders with such as the use of effective content adequate information on the functioning recognition technologies, shall be and the deployment of the measures, as appropriate and proportionate. The service well as, when relevant, adequate reporting providers shall provide rightholders with on the recognition and use of the works adequate information on the functioning and other subject-matter. and the deployment of the measures, as well as, when relevant, adequate reporting on the recognition and use of the works and other subject-matter.
Or. cs
Amendment 214 Theresa Griffin, José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Giorgos Grammatikakis, Jude Kirton-Darling, Mary Honeyball, Pervenche Berès, Julie Ward, Clare Moody
Proposal for a directive Article 13 – paragraph 1
Text proposed by the Commission Amendment
1. Information society service 1. Information society service providers that store and provide to the providers that store and provide to the public access to large amounts of works or public access to significant amounts of other subject-matter uploaded by their works or other subject-matter uploaded by users shall, in cooperation with their users shall, conclude licensing rightholders, take measures to ensure the agreements with rightholders. These functioning of agreements concluded with services shall, in cooperation with rightholders for the use of their works or rightholders, take measures to ensure the other subject-matter or to prevent the functioning of agreements concluded with availability on their services of works or rightholders for the use of their works or other subject-matter identified by other subject-matter or to prevent the rightholders through the cooperation with availability on their services of works or the service providers. Those measures, other subject-matter identified by such as the use of effective content rightholders through the cooperation with recognition technologies, shall be the service providers. Those measures, appropriate and proportionate. The service such as the use of effective content providers shall provide rightholders with recognition technologies, shall be adequate information on the functioning appropriate and proportionate. The service and the deployment of the measures, as providers shall provide rightholders with AM\1107736EN.docx 127/151 PE592.364v01-00 EN well as, when relevant, adequate reporting adequate information on the functioning on the recognition and use of the works and the deployment of the measures, as and other subject-matter. well as, when relevant, adequate reporting on the recognition and use of the works and other subject-matter.
Or. en
Amendment 215 Angelika Niebler, Herbert Reul, Pascal Arimont
Proposal for a directive Article 13 – paragraph 1
Text proposed by the Commission Amendment
1. Information society service 1. Information society service providers that store and provide to the providers that store and provide to the public access to large amounts of works or public access to large amounts of copyright other subject-matter uploaded by their protected works or other subject-matter users shall, in cooperation with uploaded by their users, thus going beyond rightholders, take measures to ensure the the mere technical, automatic and passive functioning of agreements concluded with provision of physical facilities, shall, in rightholders for the use of their works or cooperation with rightholders, take other subject-matter or to prevent the effective measures to ensure the availability on their services of works or functioning of agreements concluded with other subject-matter identified by rightholders for the use of their works or rightholders through the cooperation with other subject-matter and to prevent the the service providers. Those measures, availability on their services of works or such as the use of effective content other protected subject-matter identified by recognition technologies, shall be rightholders through. Those measures, such appropriate and proportionate. The service as the use of effective content recognition providers shall provide rightholders with technologies, shall be appropriate and adequate information on the functioning proportionate. The service providers shall and the deployment of the measures, as provide rightholders with adequate well as, when relevant, adequate reporting information on the functioning and the on the recognition and use of the works deployment of the measures, as well as, and other subject-matter. when relevant, adequate reporting on the recognition and use of the works and other subject-matter.
Or. en
Amendment 216 Zdzisław Krasnodębski
Proposal for a directive PE592.364v01-00 128/151 AM\1107736EN.docx EN Article 13 – paragraph 1
Text proposed by the Commission Amendment
1. Information society service 1. Information society service providers that store and provide to the providers that are actively and directly public access to large amounts of works or involved in the making available to the other subject-matter uploaded by their public of user uploaded copyright users shall, in cooperation with protected works or other subject-matter rightholders, take measures to ensure the and where this activity is not of a mere functioning of agreements concluded with technical, automatic and passive nature rightholders for the use of their works or shall take measures to ensure the other subject-matter or to prevent the functioning of agreements concluded with availability on their services of works or rightholders governing the use of such other subject-matter identified by content in order to ensure fair and rightholders through the cooperation with appropriate compensation for the service providers. Those measures, rightholders unless the works and other such as the use of effective content subject-matter concerned are subject to recognition technologies, shall be exceptions or free licences. The appropriate and proportionate. The implementation of such agreements shall service providers shall provide respect users' fundamental right to rightholders with adequate information privacy and the right of rightholders to on the functioning and the deployment of fair remuneration. At the request of the measures, as well as, when relevant, rightholders, the service providers shall adequate reporting on the recognition and provide them with adequate reporting on use of the works and other subject-matter. the recognition and use of their works and other subject-matter.
Or. en
Amendment 217 Cora van Nieuwenhuizen, Kaja Kallas
Proposal for a directive Article 13 – paragraph 1 a (new)
Text proposed by the Commission Amendment
1 a. In order to be valid, the notification of an unauthorised protected content shall include, in particular, the identification by the rightholder of the work subject to copyright and related rights claimed to have been infringed and the identification of the uploaded work, including its exact location, that is considered to be using work subject to copyright and related rights.
AM\1107736EN.docx 129/151 PE592.364v01-00 EN Or. en
Amendment 218 Angelika Niebler, Herbert Reul, Pascal Arimont
Proposal for a directive Article 13 – paragraph 1 a (new)
Text proposed by the Commission Amendment
1 a. The service provider referred to in paragraph 1 shall not benefit from the liability exemption provided for in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council1a . ______1a Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce)
Or. en
Amendment 219 Dario Tamburrano, Isabella Adinolfi, David Borrelli, Laura Ferrara
Proposal for a directive Article 13 – paragraph 2
Text proposed by the Commission Amendment
2. Member States shall ensure that deleted the service providers referred to in paragraph 1 put in place complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraph 1.
Or. en
PE592.364v01-00 130/151 AM\1107736EN.docx EN Amendment 220 José Blanco López, Sergio Gutiérrez Prieto
Proposal for a directive Article 13 – paragraph 2
Text proposed by the Commission Amendment
2. Member States shall ensure that deleted the service providers referred to in paragraph 1 put in place complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraph 1.
Or. en
Amendment 221 Cora van Nieuwenhuizen, Kaja Kallas
Proposal for a directive Article 13 – paragraph 2
Text proposed by the Commission Amendment
2. Member States shall ensure that the 2. Member States shall ensure that the service providers referred to in paragraph 1 service providers referred to in paragraph 1 put in place complaints and redress put in place complaints and redress mechanisms that are available to users in mechanisms that are available to users in case of disputes over the application of the case of disputes over the application of the measures referred to in paragraph 1. measures referred to in paragraph 1. These mechanisms shall in particular ensure that where the removal of the content referred to in paragraph 1 is not justified, the content in question shall be reinstated online within a reasonable time. As a last resort, Member States shall ensure the possibility of judicial redress.
Or. en
Amendment 222 Eva Kaili
Proposal for a directive Article 13 – paragraph 2 AM\1107736EN.docx 131/151 PE592.364v01-00 EN
Text proposed by the Commission Amendment
2. Member States shall ensure that the 2. Member States shall ensure that the service providers referred to in paragraph 1 service providers referred to in paragraph 1 put in place complaints and redress put in place effective mechanisms, mechanisms that are available to users in including for complaint and redress case of disputes over the application of the mechanisms that are available to users in measures referred to in paragraph 1. case of disputes over the application of the measures referred to in paragraph 1.
Or. en
Amendment 223 Cora van Nieuwenhuizen, Kaja Kallas
Proposal for a directive Article 13 – paragraph 2 a (new)
Text proposed by the Commission Amendment
2 a. In order to ensure uniform protection of users and rightholders across the Union, the European Commission shall develop guidelines on the conditions that need to be met for the validity of the notification referred to in paragraph 1a and for the complaint and redress mechanisms referred to in paragraph 2.
Or. en
Amendment 224 Miroslav Poche
Proposal for a directive Article 13 – paragraph 2 a (new)
Text proposed by the Commission Amendment
2a. The Member States shall ensure that the obligation referred to in paragraph 1 only applies to those information society service providers that have significant market power.
PE592.364v01-00 132/151 AM\1107736EN.docx EN Or. cs
Amendment 225 Dario Tamburrano, Isabella Adinolfi, David Borrelli, Laura Ferrara
Proposal for a directive Article 13 – paragraph 3
Text proposed by the Commission Amendment
3. Member States shall facilitate, deleted where appropriate, the cooperation between the information society service providers and rightholders through stakeholder dialogues to define best practices, such as appropriate and proportionate content recognition technologies, taking into account, among others, the nature of the services, the availability of the technologies and their effectiveness in light of technological developments.
Or. en
Amendment 226 José Blanco López, Sergio Gutiérrez Prieto
Proposal for a directive Article 13 – paragraph 3
Text proposed by the Commission Amendment
3. Member States shall facilitate, deleted where appropriate, the cooperation between the information society service providers and rightholders through stakeholder dialogues to define best practices, such as appropriate and proportionate content recognition technologies, taking into account, among others, the nature of the services, the availability of the technologies and their effectiveness in light of technological developments.
Or. en AM\1107736EN.docx 133/151 PE592.364v01-00 EN
Amendment 227 Cora van Nieuwenhuizen, Kaja Kallas
Proposal for a directive Article 13 – paragraph 3
Text proposed by the Commission Amendment
3. Member States shall facilitate, 3. The Commission, in cooperation where appropriate, the cooperation with Member States shall facilitate, where between the information society service appropriate, the cooperation between the providers and rightholders through information society service providers stakeholder dialogues to define best referred to in paragraph 1, users and practices, such as appropriate and rightholders through stakeholder dialogues proportionate content recognition to define best practices for the technologies, taking into account, among implementation of paragraph 1. others, the nature of the services, the availability of the technologies and their effectiveness in light of technological developments.
Or. en
Amendment 228 Zdzisław Krasnodębski
Proposal for a directive Article 13 – paragraph 3
Text proposed by the Commission Amendment
3. Member States shall facilitate, 3. Member States shall facilitate, where appropriate, the cooperation where appropriate, the cooperation between the information society service between the information society service providers and rightholders through providers and rightholders through stakeholder dialogues to define best stakeholder dialogues to define best practices, such as appropriate and practices taking into account, among proportionate content recognition others, the nature of the services, the technologies, taking into account, among availability of the technologies and their others, the nature of the services, the effectiveness in light of technological availability of the technologies and their developments. effectiveness in light of technological developments.
Or. en
PE592.364v01-00 134/151 AM\1107736EN.docx EN Amendment 229 Eva Kaili
Proposal for a directive Article 13 – paragraph 3
Text proposed by the Commission Amendment
3. Member States shall facilitate, 3. Member States shall facilitate, where appropriate, the cooperation where appropriate, the cooperation between the information society service between the information society service providers and rightholders through providers and rightholders through stakeholder dialogues to define best stakeholder dialogues to define best practices, such as appropriate and practices for the implementation of , such proportionate content recognition as appropriate and proportionate measures, technologies, taking into account, among taking into account, among others, the others, the nature of the services, the nature of the services, the availability of availability of the technologies and their the technologies and their effectiveness in effectiveness in light of technological light of technological developments. developments.
Or. en
Amendment 230 Cora van Nieuwenhuizen, Kaja Kallas
Proposal for a directive Article 13 – paragraph 3 a (new)
Text proposed by the Commission Amendment
3 a. Member States shall ensure that where service providers take voluntary measures, these measures do not infringe the fundamental rights of users, namely their right to protection of their personal data and their freedom to receive or impart information, in accordance with Articles 8 and 11 of the Charter of Fundamental Rights of the European Union, in particular their rights to the use of works made within an exception or limitation to copyright.
Or. en
Amendment 231 AM\1107736EN.docx 135/151 PE592.364v01-00 EN Theresa Griffin, José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Giorgos Grammatikakis, Jude Kirton-Darling, Mary Honeyball, Pervenche Berès, Julie Ward, Clare Moody
Proposal for a directive Article 13 – paragraph 3 a (new)
Text proposed by the Commission Amendment
3 a. Information society service providers that take measures referred to in paragraph 1, shall ensure that such measures are in full compliance with Directive 95/46/EC and Directive 2002/58/EC, and the General Data Protection Regulation 2016/679.
Or. en
Amendment 232 Theresa Griffin, José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Giorgos Grammatikakis, Jude Kirton-Darling, Mary Honeyball, Pervenche Berès, Julie Ward, Clare Moody
Proposal for a directive Article 13 a (new)
Text proposed by the Commission Amendment
Article 13 a Licensing agreements for information society service providers that store and provide access to the public to significant amounts of copyright protected works or other subject-matter uploaded by their users 1. Information society service providers that store and provide access to the public to copyright protected works or other subject-matter uploaded by their users, thereby going beyond the mere provision of physical facilities and performing an act of communication to the public and of reproduction, shall conclude licensing agreements with rightholders, unless they are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC of the European Parliament PE592.364v01-00 136/151 AM\1107736EN.docx EN and of the Council. 2. Service providers that play an active role, including by optimising the presentation of the uploaded works or subject-matter or promoting them, are not eligible for the safe harbour liability exemption. 3. Licenses acquired by information society service providers shall cover all the acts of their individual users, which are not for direct or indirect economic or commercial advantage.
Or. en
Amendment 233 José Blanco López, Sergio Gutiérrez Prieto
Proposal for a directive Article 13 a (new)
Text proposed by the Commission Amendment
Article 13 a Unwaivable right to remuneration 1. Member States shall ensure that when an audiovisual author has transferred or assigned his or her making available right to a producer, that author shall retain the right to obtain an equitable remuneration. 2. This right to obtain an equitable remuneration for the making available of the author's work is inalienable and cannot be waived. 3. The administration of this right to obtain an equitable remuneration for the making available of the author's work shall be entrusted to collective management organisations representing audiovisual authors, unless other collective agreements, including voluntary collective management agreements, guarantee such remuneration to audiovisual authors for the making available right
AM\1107736EN.docx 137/151 PE592.364v01-00 EN 4. Authors' collective management organisations shall collect the equitable remuneration from audiovisual media services making audiovisual works available to the public.
Or. en
Amendment 234 Pervenche Berès
Proposal for a directive Article 13 a (new)
Text proposed by the Commission Amendment
Article 13 a Protection of audiovisual authors for the making available of their works 1. Member States shall ensure that when an audiovisual author has transferred or assigned his making available right to a producer, that author shall retain the right to obtain an equitable and proportionate remuneration. 2. This right to obtain an equitable and proportionate remuneration for the making available of the author's work is inalienable and cannot be waived. 3. The administration of this right to obtain an equitable and proportionate remuneration for the making available of the author's work shall be entrusted to collective management organisations representing audiovisual authors, unless other collective agreements, including voluntary collective management agreements, guarantee such remuneration to audiovisual authors for their making available right. 4. Authors' collective management organisations shall collect the equitable and proportionate remuneration from audiovisual media services making audiovisual works available to the public.
PE592.364v01-00 138/151 AM\1107736EN.docx EN Or. en
Amendment 235 Barbara Kappel, Angelo Ciocca, Lorenzo Fontana
Proposal for a directive Article 14 – paragraph 1
Text proposed by the Commission Amendment
1. Member States shall ensure that 1. Member States shall ensure that authors and performers receive on a regular authors and performers receive on a regular basis and taking into account the basis and no less tan once a year and specificities of each sector, timely, taking into account the specificities of each adequate and sufficient information on the sector, timely, adequate, accurate and exploitation of their works and sufficient information on the exploitation performances from those to whom they of their works and performances from have licensed or transferred their rights, those to whom they have licensed or notably as regards modes of exploitation, transferred their rights as well as revenues generated and remuneration due. subsequent transferees or licensees, notably as regards modes of exploitation, revenues generated and remuneration due.
Or. en
Amendment 236 Theresa Griffin, José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Giorgos Grammatikakis, Jude Kirton-Darling, Mary Honeyball, Pervenche Berès, Julie Ward, Clare Moody, Jens Geier
Proposal for a directive Article 14 – paragraph 1
Text proposed by the Commission Amendment
1. Member States shall ensure that 1. Member States shall ensure that authors and performers receive on a authors and performers receive at least regular basis and taking into account the once a year and taking into account the specificities of each sector, timely, specificities of each sector, accurate, adequate and sufficient information on the timely, adequate and sufficient information exploitation of their works and on the exploitation and promotion of their performances from those to whom they works and performances from those to have licensed or transferred their rights, whom they have licensed or transferred notably as regards modes of exploitation, their rights, including subsequent revenues generated and remuneration due. transferees or licensees, notably as regards modes of promotion, exploitation, revenues generated and remuneration due.
AM\1107736EN.docx 139/151 PE592.364v01-00 EN Or. en
Amendment 237 Michèle Rivasi on behalf of the Verts/ALE Group
Proposal for a directive Article 14 – paragraph 1
Text proposed by the Commission Amendment
1. Member States shall ensure that 1. Member States shall ensure that authors and performers receive on a regular authors and performers receive on a regular basis and taking into account the basis and taking into account the specificities of each sector, timely, specificities of each sector, timely, adequate and sufficient information on the adequate, accurate and sufficient exploitation of their works and information on the exploitation of their performances from those to whom they works, including scientific works, and have licensed or transferred their rights, performances from those to whom they notably as regards modes of exploitation, have licensed or transferred their rights, revenues generated and remuneration due. notably as regards modes of exploitation, modes of promotion, revenues generated and remuneration due.
Or. en
Amendment 238 José Blanco López, Sergio Gutiérrez Prieto
Proposal for a directive Article 14 – paragraph 1
Text proposed by the Commission Amendment
1. Member States shall ensure that 1. Member States shall ensure that authors and performers receive on a regular authors and performers receive on a regular basis and taking into account the basis and no less than once a year and specificities of each sector, timely, taking into account the specificities of each adequate and sufficient information on the sector, timely, adequate, accurate and exploitation of their works and sufficient information on the exploitation performances from those to whom they of their works and performances from have licensed or transferred their rights, those to whom they have licensed or notably as regards modes of exploitation, transferred their rights, notably as regards revenues generated and remuneration due. modes of exploitation, revenues generated and remuneration due.
Or. en PE592.364v01-00 140/151 AM\1107736EN.docx EN
Amendment 239 Rolandas Paksas
Proposal for a directive Article 14 – paragraph 1
Text proposed by the Commission Amendment
1. Member States shall ensure that 1. Member States shall ensure that authors and performers receive on a regular authors and performers receive on a regular basis and taking into account the basis and taking into account the specificities of each sector, timely, specificities of each sector, timely, adequate and sufficient information on the adequate and sufficient information on the exploitation of their works and exploitation of their works and performances from those to whom they performances from those to whom they have licensed or transferred their rights, have directly licensed or transferred their notably as regards modes of exploitation, rights, notably as regards modes of revenues generated and remuneration due. exploitation, revenues generated and remuneration due.
Or. en
Amendment 240 Theresa Griffin, José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Giorgos Grammatikakis, Jude Kirton-Darling, Mary Honeyball, Pervenche Berès, Clare Moody, Alessia Maria Mosca
Proposal for a directive Article 14 – paragraph 2
Text proposed by the Commission Amendment
2. The obligation in paragraph 1 shall 2. The obligation in paragraph 1 shall be proportionate and effective and shall be proportionate and effective and shall ensure an appropriate level of ensure a high level of transparency in transparency in every sector. However, in every sector. those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance, Member States may adjust the obligation in paragraph 1, provided that the obligation remains effective and ensures an appropriate level of transparency.
Or. en AM\1107736EN.docx 141/151 PE592.364v01-00 EN
Amendment 241 Barbara Kappel, Angelo Ciocca, Lorenzo Fontana
Proposal for a directive Article 14 – paragraph 2
Text proposed by the Commission Amendment
2. The obligation in paragraph 1 shall 2. The obligation in paragraph 1 shall be proportionate and effective and shall be proportionate and effective and shall ensure an appropriate level of ensure high level of transparency in every transparency in every sector. However, in sector, as well as a right of authors to those cases where the administrative audit. However, in those cases where the burden resulting from the obligation would administrative burden resulting from the be disproportionate in view of the revenues obligation would be disproportionate in generated by the exploitation of the work view of the revenues generated by the or performance, Member States may adjust exploitation of the work or performance, the obligation in paragraph 1, provided that Member States may adjust the obligation in the obligation remains effective and paragraph 1, provided that the obligation ensures an appropriate level of remains effective and ensures an transparency. appropriate level of transparency.
Or. en
Amendment 242 Esther de Lange
Proposal for a directive Article 14 – paragraph 2
Text proposed by the Commission Amendment
2. The obligation in paragraph 1 shall 2. The obligation in paragraph 1 shall be proportionate and effective and shall be proportionate and effective and shall ensure an appropriate level of ensure a high level of transparency in transparency in every sector. However, in every sector. However, in those cases those cases where the administrative where the administrative burden resulting burden resulting from the obligation would from the obligation would be be disproportionate in view of the revenues disproportionate in view of the revenues generated by the exploitation of the work generated by the exploitation of the work or performance, Member States may adjust or performance, Member States may adjust the obligation in paragraph 1, provided that the obligation in paragraph 1, provided that the obligation remains effective and the obligation remains effective and ensures an appropriate level of ensures an appropriate level of transparency. transparency.
Or. en PE592.364v01-00 142/151 AM\1107736EN.docx EN
Amendment 243 Eva Kaili
Proposal for a directive Article 14 – paragraph 2 a (new)
Text proposed by the Commission Amendment
2 a. Notes the importance of innovative solutions based on distributed ledger technologies, such as the use of smart contracts that could facilitate agreements and transactions between parties making them more transparent, effective and less costly.
Or. en
Amendment 244 Theresa Griffin, José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Giorgos Grammatikakis, Jude Kirton-Darling, Mary Honeyball, Pervenche Berès, Julie Ward, Clare Moody, Alessia Maria Mosca
Proposal for a directive Article 14 – paragraph 2 a (new)
Text proposed by the Commission Amendment
2 a. Member States shall ensure that sector-specific standard reporting statements and procedures are developed through stakeholder dialogues.
Or. en
Amendment 245 Rolandas Paksas
Proposal for a directive Article 14 – paragraph 3
Text proposed by the Commission Amendment
3. Member States may decide that the 3. Member States may decide that the obligation in paragraph 1 does not apply obligation in paragraph 1 does not apply to
AM\1107736EN.docx 143/151 PE592.364v01-00 EN when the contribution of the author or works made under employment performer is not significant having regard arrangements, to audio-visual works and to the overall work or performance. collective works or when the contribution of the author or performer is not significant having regard to the overall work or performance.
Or. en
Amendment 246 Barbara Kappel, Angelo Ciocca, Lorenzo Fontana
Proposal for a directive Article 14 – paragraph 3
Text proposed by the Commission Amendment
3. Member States may decide that the 3. Member States may decide that the obligation in paragraph 1 does not apply obligation in paragraph 1 does not apply when the contribution of the author or when the contribution of the author or performer is not significant having regard performer is marginal having regard to the to the overall work or performance. overall work or performance.
Or. de
Amendment 247 Rolandas Paksas
Proposal for a directive Article 14 – paragraph 4
Text proposed by the Commission Amendment
4. Paragraph 1 shall not be applicable 4. Paragraph 1 shall not be applicable to entities subject to the transparency to entities subject to cases where the obligations established by Directive relevant contract or remuneration is 2014/26/EU. based on collective bargaining, collective rights management or other collective arrangements or on joint remuneration agreements, including with the transparency obligations established by Directive 2014/26/EU.
Or. en
PE592.364v01-00 144/151 AM\1107736EN.docx EN Amendment 248 Theresa Griffin, Miriam Dalli, José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Giorgos Grammatikakis, Jude Kirton-Darling, Jeppe Kofod, Mary Honeyball, Julie Ward, Clare Moody
Proposal for a directive Article 14 a (new)
Text proposed by the Commission Amendment
Article 14 a Unwaivable right to fair remuneration for authors and performers 1. Member States shall ensure that when authors and performers transfer or assign their right of making available to the public, they retain the right to obtain a fair remuneration derived from the exploitation of their work. 2. The right of an author or performer to obtain a fair remuneration for the making available of their work is inalienable and cannot be waived. 3. The administration of this right to fair remuneration for the making available of an authors or performers work shall be entrusted to their collective management organisations, unless other collective agreements, including voluntary collective management agreements, guarantee such remuneration to authors, audio-visual authors and performers for their making available right. 4. Collective management organisations shall collect the fair remuneration from information society services making works available to the public.
Or. en
Amendment 249 Rolandas Paksas
Proposal for a directive Article 15 – paragraph 1
AM\1107736EN.docx 145/151 PE592.364v01-00 EN Text proposed by the Commission Amendment
Member States shall ensure that authors Member States shall ensure that, in cases and performers are entitled to request where paragraph 1 of Article 14 additional, appropriate remuneration from applies, authors and performers are entitled the party with whom they entered into a to request additional, appropriate contract for the exploitation of the rights remuneration from the party with whom when the remuneration originally agreed is they directly entered into a contract for the disproportionately low compared to the exploitation of the rights when the author subsequent relevant revenues and benefits or performer demonstrates that the derived from the exploitation of the works remuneration originally agreed is or performances. disproportionately low compared to the subsequent unexpected relevant profits directly derived from the exploitation of the works or performances. Member States may provide that this right expires if it is not exercised within a reasonable period from the relevant exploitation.
Or. en
Amendment 250 Theresa Griffin, José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Giorgos Grammatikakis, Jude Kirton-Darling, Mary Honeyball, Julie Ward, Clare Moody, Alessia Maria Mosca
Proposal for a directive Article 15 – paragraph 1
Text proposed by the Commission Amendment
Member States shall ensure that authors Member States shall ensure that authors and performers are entitled to request and performers, or representatives they additional, appropriate remuneration from appoint, are entitled to request additional, the party with whom they entered into a fair remuneration from the party with contract for the exploitation of the rights whom they entered into a contract for the when the remuneration originally agreed is exploitation of the rights when the disproportionately low compared to the remuneration originally agreed is subsequent relevant revenues and benefits disproportionately low compared to the derived from the exploitation of the works subsequent relevant revenues and benefits or performances. derived from the exploitation of the works or performances.
Or. en
Amendment 251 Michèle Rivasi PE592.364v01-00 146/151 AM\1107736EN.docx EN on behalf of the Verts/ALE Group
Proposal for a directive Article 15 – paragraph 1 a (new)
Text proposed by the Commission Amendment
Member States shall ensure that authors and performers or their representative organisations are entitled to request additional, appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low compared to the unanticipated subsequent relevant net revenues and benefits derived from the exploitation of the works or performances.
Or. en
Amendment 252 Theresa Griffin, José Blanco López, Inmaculada Rodríguez-Piñero Fernández, Giorgos Grammatikakis, Jude Kirton-Darling, Jeppe Kofod, Mary Honeyball, Julie Ward, Clare Moody, Alessia Maria Mosca
Proposal for a directive Article 15 a (new)
Text proposed by the Commission Amendment
Article 15 a Rights reversion mechanism 1. Member States shall ensure that authors and performers that are in a contractual relationship with ongoing payment obligations, may terminate the contract by which they have licensed or transferred their rights when there is a complete absence of exploitation of their works and performances, a persistent failure to pay the remuneration agreed or a complete lack of reporting and transparency. 2. The right to terminate the contract on the transfer of licencing of rights may be exercised if within a year from the AM\1107736EN.docx 147/151 PE592.364v01-00 EN notification by the performer or author of this intention to terminate the contract, the contracting party fails to fulfil its contractual obligation with regards to the payment of the remuneration agreed. With regards to the absence of exploitation of a work and the complete lack of reporting and transparency the right to terminate the contract on the transfer or licencing of rights may be exercised if within five years from the notification by the performer or author of their intention to terminate the contract, the contracting party fails to fulfil its contractual obligations. 3. Member States may decide that the obligation in paragraph 1 does not apply when the contribution of the author or performer is not significant having regard to the overall work or performance.
Or. en
Amendment 253 Esther de Lange
Proposal for a directive Article 16 – paragraph 1
Text proposed by the Commission Amendment
Member States shall provide that disputes Member States shall provide that disputes concerning the transparency obligation concerning the transparency obligation under Article 14 and the contract under Article 14 and the contract adjustment mechanism under Article 15 adjustment mechanism under Article 15 may be submitted to a voluntary, may be submitted to a voluntary, alternative dispute resolution procedure. alternative dispute resolution procedure. Member States shall ensure that authors and performers can submit the dispute anonymously through an authorized person or organization.
Or. en
Amendment 254 Michèle Rivasi
PE592.364v01-00 148/151 AM\1107736EN.docx EN on behalf of the Verts/ALE Group
Proposal for a directive Article 16 – paragraph 1
Text proposed by the Commission Amendment
Member States shall provide that disputes Member States shall provide that disputes concerning the transparency obligation concerning the transparency obligation under Article 14 and the contract under Article 14 and the contract adjustment mechanism under Article 15 adjustment mechanism under Article 15 may be submitted to a voluntary, may be submitted to a voluntary, alternative dispute resolution procedure. alternative dispute resolution procedure. The principles that needs to guide the dispute resolution are the celerity and the lowest cost for the authors and performers;
Or. en
Amendment 255 Barbara Kappel, Angelo Ciocca, Lorenzo Fontana
Proposal for a directive Article 16 – paragraph 1 a (new)
Text proposed by the Commission Amendment
Proceedings in respect of a dispute may also be brought on behalf of authors and performers by their representative organisations, whether collective management organisations, unions or guilds.
Or. en
Amendment 256 Michèle Rivasi on behalf of the Verts/ALE Group
Proposal for a directive Article 17 – paragraph 2 – point b a (new)
Text proposed by the Commission Amendment
(b a) In Article 6, paragraph 3 is
AM\1107736EN.docx 149/151 PE592.364v01-00 EN replaced by the following: For the purposes of this Directive, the expression "technological measures" means any technology, device or component that, in the normal course of its operation, is designed to prevent or restrict acts, in respect of works or other subject-matter, which are not authorised by the rightholder of any copyright or any right related to copyright as provided for by law or the sui generis right provided for in Chapter III of Directive 96/9/EC, and which are not authorised by national or Union law. Technological measures shall be deemed "effective" where the use of a protected work or other subject- matter is controlled by the rightholders through application of an access control or protection process, such as encryption, scrambling or other transformation of the work or other subject-matter or a copy control mechanism, which achieves the protection objective.
Or. en
Amendment 257 Michèle Rivasi on behalf of the Verts/ALE Group
Proposal for a directive Article 17 – paragraph 2 – point b b (new)
Text proposed by the Commission Amendment
(b b) In Article 6(4), the following subparagraph is added: The protections provided for in paragraph 1 and 2 shall not apply to acts described in paragraph 1 and 2 whose sole purpose is to enable a user's right to enjoy the exceptions and limitations to copyright and related rights outlined in this Directive or in Directive 96/9/EC, Directive 2009/24/EC Directive 2012/28/EU or Directive ... [this directive], to the extent necessary to benefit from that exception or limitation and where PE592.364v01-00 150/151 AM\1107736EN.docx EN that beneficiary has legal access to the protected work or subject-matter concerned;
Or. en
Amendment 258 Kaja Kallas, Cora van Nieuwenhuizen
Proposal for a directive Article 18 – paragraph 2
Text proposed by the Commission Amendment
2. The provisions of Article 11 shall deleted also apply to press publications published before [the date mentioned in Article 21(1)].
Or. en
Amendment 259 Dario Tamburrano, Isabella Adinolfi, David Borrelli, Laura Ferrara
Proposal for a directive Article 18 – paragraph 2
Text proposed by the Commission Amendment
2. The provisions of Article 11 shall deleted also apply to press publications published before [the date mentioned in Article 21(1)].
Or. en
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