34 Amendments of Josef WEIDENHOLZER related to 2014/2256(INI)
Amendment 24 #
Draft opinion
Paragraph 4
Paragraph 4
4. Recognises the need to ensure appropriate remuneration and to protect the rights of all categories of right holders in a better way; recalls that while the cultural and creative industries (CCI) employ more than seven million people and contribute 4.5% of EU GDP annually,are a significant source of employment, and according to the European Parliament's Cost of Non-Europe study 223 000 jobs will be created by the digital single market by 2020 and that even though the services, technologies and options permitting the general public to access creative works grow every day, the earnings of right holders in the CCI sector keep decreasing;
Amendment 46 #
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that territorial fragmentation may require users aspiring to offer content- related services across the EU to secure multiple licenses; emphasises the fact that differences in limitations and exceptions create additional legal costs and legal uncertainty; recalls that consumers may be denied access to certain content services on geographical grounds, which runs counter to the objective of Directive 2001/29/EC of implementing the four freedoms of the internal market;
Amendment 56 #
Draft opinion
Paragraph 7
Paragraph 7
7. Welcomes, therefore, the adoption of Directive 2014/26/EU on collective rights management and multi-territorial licensing of rights, and believes that implementation of this directive will lead to a clearer set of EU-wide standards resulting in a faster and more flexible licensing infrastructure; notes however that fragmentation still remains and further legislative action is required, including harmonisation of exceptions, which are necessary for the completion of the digital single market;
Amendment 69 #
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 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 of public lending schemes, provided that all necessary agreements with the relevant right holders have been reached beforehand;
Amendment 73 #
Draft opinion
Paragraph 10
Paragraph 10
10. Welcomes the idea of a structured stakeholder dialogue ‘that would build on the experiences of 'Licenses for Europe’', launched by the Commission in 2013; notes the fact that 'Licences for Europe' was unable to reach consensus thereby highlighting the need for legislative measures; believes that relevant stakeholder engagement and sharing of best practices is essential if a more homogenous and evidence based implementation of copyright laws across the EU is to be reached;
Amendment 94 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. Whereas Article 11 of the Charter of Fundamental Rights defines the right of freedom of expression as including the freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers;
Amendment 104 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. Whereas Article 52 of the Charter of Fundamental Rights establishes a principle of proportionality, according to which any limitation on the exercise of the rights and freedoms recognised by this Charter must be provided for by law and respect the essence of those rights and freedoms, only if they are necessary and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others;
Amendment 107 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. Whereas the Special Rapporteur of the United Nations in the field of cultural rights in her report on copyright policy and the right to science and culture (A/HRC/28/57) highlights the key role of exceptions and limitations for creation, and the importance of fair contractual terms for the protection of authorship;
Amendment 200 #
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls for the introduction of Community provisions in the area of contract law applicable to copyright, particularly safeguarding authors' rights to bring their works to the market in case a rightholder has refrained from making use of an exclusive right to the work in question for an extended period of time;
Amendment 201 #
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Notes that the existing definitions and scope of the exclusive rights for reproduction, for the communication to the public and for the making available to the public, and for distribution, need clarification to better fit the technological and cross-border nature of digital exploitation acts, and to facilitate the clearance of rights;
Amendment 207 #
Motion for a resolution
Paragraph 3 j (new)
Paragraph 3 j (new)
3j. Suggests to further investigate the effects and benefits from a country of origin approach in rights clearance to facilitate pan-European commercial services; recommends building upon existing best-practice solutions to cross- border access in the area of satellite broadcasting and cable retransmission;
Amendment 222 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. ConsidersInvites the Commission to explore the introduction of a single European Copyright Title on the basised ofn Article 118 TFEU that would apply directly and uniformly across the EU, in accordancUnion as a legal means to remedy the lack of harmonisation resulting from Directive 2001/29/EC and to improve legal certainty in line with the Commission’'s objective of better regulation, as a legal means to reme; therefore calls on the Commission to study the limpackt of harmonisation resulting from Directive 2001/29/ECa single European Copyright Title on digital jobs and innovation, and on the preservation of consumers' access to regional cultural diversity;
Amendment 229 #
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Notes the adoption by the Commission of legal instruments aiming at removing obstacles to bringing out the full economic potential from the exploitation of public sector information, and allowing the re-use of such information even in the presence of intellectual property rights;
Amendment 231 #
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Considers the introduction of a single European Copyright Title as a long term project, which should be progressed
Amendment 234 #
Motion for a resolution
Paragraph 4 g (new)
Paragraph 4 g (new)
4g. Urges the Commission to present concrete proposals to amend the Directive 2001/29/EG before December 2015
Amendment 250 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recommends that the EU legislator should, while protecting personal information, further lower the barriers to thefor re-use of public sector information by exempting works produced by the public sector – as part ofofficial works, which are produced by government employees as part of their official duty within the political, legal and administrative process –, from copyright protection;
Amendment 264 #
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 toshould be used and re-used without technical or contractual barriers; also calls ontherefore urges the Commission to recognise the freedom of rightholders to voluntarily relinquish their rights andclarify that once a work is in the public domain, any digitisation of the work which does not constitute a new, transformative work, stays in the public domain; also calls on the Commission to recognise the freedom of authors to dedicate their works to the public domain;
Amendment 266 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Considers that the registration of works should be encouraged, in order to clearly identify and locate right holders, as well as to distinguish between copyrighted and non-copyrighted works, thus improving legal certainty, facilitating the licensing of rights and limiting the spread of orphan works; more broadly, is of the opinion that mechanisms allowing to identify the initial rightholder, the transfer of rights and the publication date of the work, should serve as a presumption of authorship;
Amendment 283 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Notes that the current legal Acquis recognises the full harmonisation of exclusive rights, whereas exceptions and limitations to exclusive rights remain optional and not harmonised;
Amendment 284 #
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Notes the significant number of suggestions that have been put forward in the replies to the consultation of the Commission on the review of the EU copyright rules, to introduce new exceptions and limitations to exclusive rights, as well as broadening the scope of existing exceptions;
Amendment 305 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that the ability to benefit from exceptions and limitations should be enjoyed in the digital environment should be enjoyed without any unequal treatment as compared withto those granted in the analogue world;
Amendment 321 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Views with concern the increasing impact of differences among Member States in the implementation of exceptions, which creates legal uncertainty and has direct negative effects on the functioning of the digital single market, in view of the development of cross-border activities and EU global competitiveness and innovation;
Amendment 376 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls for the adoption of an open norm introducing flexibility in the interpretation of exceptions and limitaa flexible interpretation of exceptions and limitations to exclusive rights, allowing to apply exceptions and limitations to uses that are similar to the ones in the original legal provisions, thereby ensuring that exceptions and limitations can be adapted to new forms of usage emerging due to technological change; such flexibility would be subject to the three-step-test, which grants limitations and exceptions in certain special cases that do not conflict with the normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author or rightholder;
Amendment 391 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the European legislator to ensure the technological neutrality and future- compatibility of exceptions and limitations by taking due account of the effects of media convergence; considers, in particular, that the exception for quotation should expressly include audio- visual quotations in its scopetherefore calls on the EU legislator to expressly include audio- visual quotations in the existing quotation exception in order to enable the use of quotations in new media formats; these quotations should be adequate in terms of length in relation to the type of source material;
Amendment 410 #
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 iInternet; calls on the EU legislator to make it clearify 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 newthe public12 ; __________________ 12 Order of the Court of Justice of 21 October 2014 in Case C-348/13, BestWater International GmbH v Michael Mebes and Stefan Potsch (request for a preliminary ruling from Germany’s Bundesgerichtshof).
Amendment 434 #
Motion for a resolution
Paragraph 17
Paragraph 17
17. Emphasises thatHighlights the importance of the exception for caricature, parody and pastiche should apply regardlesfor the protection of authors' freedom of expression, which should therefore be made mandatory; notes with concern the implication of the Deckmyn ruling (C-201/13) that rightholders other than the author of a work can claim moral rights, and therefore calls ofn the purpose of the parodic uselegislator to clarify that moral rights are rights of the author of a work, that cannot be transferred to third-party rightholders;
Amendment 468 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for a broadmandatory exception for research and education purposes, which should cover not only cover educational establishments, but any kind oflso amateur educational orand research activity, including non-formies conducted by non-governmental organisations outside education institutions as well as digital education, for example in the form of so-cal leducation massive open online courses (MOOC), provided that they are not aimed at making a profit;
Amendment 486 #
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for the adoption of a mandatory exception allowing public and research libraries to lend books to the public in digital formats for personal use, irrespective of the place of access; recommends that authors should be compensated for e-lending through a statutory licence to the same extent as this is the case for the lending of physical books;
Amendment 503 #
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 rightholders for the harm caused by acts made permissible by an exceptionDeplores the introduction of statutory licenses in some member states aimed at news aggregators for acts already made permissible by an exception and calls on the EU legislator to preclude Member States from unilaterally introducing such schemes, which can cause significant damage to the digital economy;
Amendment 509 #
Motion for a resolution
Paragraph 21 c (new)
Paragraph 21 c (new)
21c. Deplores the lack of harmonisation between Member States as regards the interpretation of Article 5.2 b of Directive 2001/29/EC on exceptions for reproductions on any medium made by a natural person for private use, and as regards the remuneration schemes to compensate for the prejudice to rightholders put in place in some Member States to allow for the fair compensation of the rightholders in relation to these acts of copying, which affects the functioning of the internal market;
Amendment 525 #
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22c. Invites the Commission to include alternative types of remuneration in the Directive 2001/29/EG to ensure a fair balance between the copyright owner and the user;
Amendment 527 #
Motion for a resolution
Paragraph 22 e (new)
Paragraph 22 e (new)
22e. Proposes to strengthen authors' rights by making remuneration rights tied to exceptions and limitations non- transferable to other rightholders;
Amendment 528 #
Motion for a resolution
Paragraph 22 f (new)
Paragraph 22 f (new)
22f. Asks for further clarification that in the light of a fair balance, no double remuneration should be charged, if the user makes a backup copy, where no harm is caused. The remuneration should refer to the actual damage.
Amendment 535 #
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses that the effective exercise of exceptions or limitations, and access to content that is not subject to copyright or related rights protection, should not be hindered by technological measures or contractual terms;