29 Amendments of Sergio GUTIÉRREZ PRIETO related to 2014/2256(INI)
Amendment 8 #
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that Directive 2001/29/EC (Infosoc Directive) was adopted in 2001 and that the digital use of material subject to copyright has changed and dramatically increased since then; stresses the need to adapt it in order to ensure fair remuneration and adequate protection for holders of copyright and related rights in view of new consumer demands and challenges posed by the digital economy and society;
Amendment 16 #
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that copyright and related rights play an important key role, as they protect and stimulate both the development and marketing of new products and services and the creation and exploitation of their creative content, thereby contributing to improved competitiveness, employment and innovation across several industry sectors in the EU; points out that the necessary adaptation of Directive 2001/29/EC to the digital era can generate new businesses and start-ups which would be a source of jobs of the future for young people;
Amendment 29 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses the need to strengthen the bargaining position of authors and creators in the value chain in the digital age;
Amendment 51 #
Motion for a resolution
Recital A
Recital A
A. whereas the European legal framework for copyright and related rights is central to the promotion of creativity and innovation, and to access to knowledge and information, and whereas adapting Directive 2001/29/EC to the digital age may give rise to the creation of new businesses and start-ups that would be a source of jobs for the future for young people;
Amendment 53 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Highlights the importance of making headway in the tax harmonisation of the cultural sector within the EU, in order to reduce disparities between Member States and to ensure balanced competition that moves beyond the existence of 28 different tax regimes;
Amendment 58 #
Draft opinion
Paragraph 8
Paragraph 8
8. Believes that there is a need to furtherit is necessary to provide balanced solutions which help to move beyond and/or to improve cross-border access and the portability of products and services which are essential for consumers to be able to get the services they want,and products where and when they want them, in accordance with the latest consumer demands;
Amendment 58 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas Article 167 of the Treaty on the Functioning of the European Union states that the European Union shall promote the flowering and diversity of the cultures of the Member States, particularly through artistic and literary creation;
Amendment 61 #
Motion for a resolution
Recital B
Recital B
B. whereas Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society was aimed at adapting legislation on copyright and related rights to reflect technological developments and the need for adjustments in order to ensure fair remuneration and adequate protection for holders of copyright and related rights in view of new consumer demands and challenges posed by the digital economy and society;
Amendment 62 #
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses that any legislative change in this area should ensure accessibility for people with disabilities to works and services that are protected by copyright and related rights and should adapt to the digital environment;
Amendment 70 #
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the European cultural and creative industries are an engine for economic growth and job creation in the EU, as they employ more than 7 million people and generate more than 4.2 % of EU GDP, and whereas cultural industries continued to create jobs during the economic crisis of 2008-2012;
Amendment 71 #
Draft opinion
Paragraph 9
Paragraph 9
9. Urges the Commission to promote a flexible and balanced framework for exceptions and limitations that does not cause any harm to right holders and that conforms with consumer expectations; emphasises the important role that exceptions and limitations agreed on for public-interest reasons, for the purpose of research, education and teaching, play in providing access to knowledge as well as in encouraging cultural and societal participation; urges the Commission and the Member States to consider e-books as part offacilitate the inclusion of e-books in public lending schemes, provided that all necessary agreements with the relevant right holders have been reached beforehandhave been reached beforehand to ensure fair remuneration and respect for the rights of the right holders;
Amendment 84 #
Motion for a resolution
Recital C
Recital C
C. whereas the Charter of Fundamental Rights protects the freedom of expression, the freedom of the arts and scientific research, the right to education and, the freedom to conduct a business; and the right to intellectual property;
Amendment 181 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Acknowledges the necessity for authors and performers to be provided with legal protection for their creative and artistic work; recognises the role of producers and publishers in bringing works to the market, and the need for appropriate remuneration for all categories of rightholders; calls for improvements to the negotiating and contractual position of authors and performers in relation to other rightholders and intermediariesthe value chain in the digital age;
Amendment 218 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers the introduction of a single European Copyright Title on the basis of Article 118 TFEU that would apply directly and uniformly across the EU, in accordance with the Commission’s objective of better regulation, as a legal means to remedy the lack of harmonisation resulting from Directive 2001/29/ECUrges the Commission to put forward formulas to remedy the lack of harmonisation resulting from Directive 2001/29/EC, taking into account the need to provide balanced solutions that will help to overcome and/or improve cross- border access and portability of products and services based on new consumer demands;
Amendment 232 #
Motion for a resolution
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Highlights the importance of making headway in the tax harmonisation of the cultural sector within the EU, in order to reduce disparities between Member States and ensure balanced competition that rises above the existence of 28 different tax regimes;
Amendment 237 #
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 259 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Commission to safeguard public domain works, which are by definition not subject to copyright protection and should therefore be able to be used and re-used without technical or contractual barriers; also calls on the Commission to recognise the freedom of rightholders to voluntarily relinquish their rights and dedicate their works to the public domain;
Amendment 270 #
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 289 #
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Emphasises that any legislative change in this field should guarantee people with disabilities access to works and services protected by copyright and related rights and should be adapted to the digital environment;
Amendment 301 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that exceptions and limitations in the digital environment should be enjoyed without any unequal treatment as compared with those granted in the analogue world, ensuring that holders of copyright and related rights receive a fair remuneration for their works;
Amendment 307 #
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 337 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Commission to make mandatoryexamine a minimum of harmonisation of all the exceptions and limitations referred to in Directive 2001/29/EC, to allow equal access to cultural diversity across borders within the internal market and to improve legal certainty;
Amendment 360 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes with interest the development of new forms of use of works on digital networks, in particular transformative uses; emphasises the need to ensure copyright is protected to the same extent as in the analogue world;
Amendment 368 #
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 399 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that the ability to freely link from one resource to another is one of the fundamental building blocks of the internet; calls on the EU legislator to make itprovide clear that reference to works by means of a hyperlink is not subject to exclusive rights, as it does not consist in a communication to a new public12ification on cases in which the establishment of links does not constitute an act of communication to the original public in line with the judgment of the Court of Justice in C-466/12 of 13 February 2014, the Svensson case; __________________ 12 Order of the Court of Justice of 21 October 2014 in Case C-348/13, BestWater International GmbH v Michael Mebes and Stefan Potsch (request for a preliminary ruling from Germany’s Bundesgerichtshof).
Amendment 457 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for a broad exception for research and education purposes, which should cover not only educational establishments but any kind of educational or research activity, including non-formal education run under the aegis of educational programmes or institutions;
Amendment 483 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls foron the adoption of a mandatory exception allowingCommission to examine ways for libraries to lend books to the public in digital formats, irrespective of the place of accesn compliance with copyright law and guaranteeing a fair remuneration for said rights;
Amendment 500 #
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the EU legislator to preclude Member States from introducing statutory licences for the compensation of rightholdersguarantee rightholders fair remuneration for the harm caused by acts made permissible by an exception;
Amendment 541 #
Motion for a resolution
Paragraph 24
Paragraph 24