[ParlTrack]

Dietmar KÖSTER, Lidia Joanna GERINGER DE OEDENBERG, Emilian PAVEL, Tiemo WÖLKEN, Birgit SIPPEL, Josef WEIDENHOLZER, Marju LAURISTIN

Proposal for a directive
Recital 38 – paragraph 1

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 . __________________ 34Directive 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).deleted

2017/06/12
Committee: LIBE

Dietmar KÖSTER, Lidia Joanna GERINGER DE OEDENBERG, Emilian PAVEL, Tiemo WÖLKEN, Birgit SIPPEL, Josef WEIDENHOLZER, Marju LAURISTIN

Proposal for a directive
Recital 38 – paragraph 2

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 thereforNo general obligation should be imposed on information society service providers to monitor the works or subject matter which they transmit or store, nor should a general obligation be imposed upon them to actively seek facts or circumstances indicating activity that would infringe rights under copyrighted works. Hosting providers should not be held liable as long as they do not have actual knowledge of illegal activity or information and are not aware of the facts or circumstances from which the infringing activity or information is apparent, pursuent to Articles 12, 13, 14 and 15 of Directive 2000/31/EC.

2017/06/12
Committee: LIBE

Dietmar KÖSTER, Lidia Joanna GERINGER DE OEDENBERG, Emilian PAVEL, Tiemo WÖLKEN, Birgit SIPPEL, Josef WEIDENHOLZER, Marju LAURISTIN

Proposal for a directive
Recital 38 – paragraph 3

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 2000/31/EC.deleted

2017/06/12
Committee: LIBE

Dietmar KÖSTER, Emilian PAVEL, Lidia Joanna GERINGER DE OEDENBERG, Tiemo WÖLKEN, Birgit SIPPEL, Josef WEIDENHOLZER, Marju LAURISTIN

Proposal for a directive
Recital 39

(39) Collaboration between 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.deleted

2017/06/12
Committee: LIBE

Felix REDA, Isabella ADINOLFI, Max ANDERSSON, Petras AUŠTREVIČIUS, Brando BENIFEI, Izaskun BILBAO BARANDICA, David BORRELLI, Klaus BUCHNER, Reinhard BÜTIKOFER, Matt CARTHY, Dita CHARANZOVÁ, Daniel DALTON, Fabio DE MASI, Pascal DURAND, Stefan ECK, Bas EICKHOUT, Cornelia ERNST, Fredrick FEDERLEY, Laura FERRARA, Thomas HÄNDEL, Heidi HAUTALA, Benedek JÁVOR, Kaja KALLAS, Ska KELLER, Kostadinka KUNEVA, Merja KYLLÖNEN, Philippe LAMBERTS, Marju LAURISTIN, Sabine LÖSING, Ulrike LUNACEK, Jiří MAŠTÁLKA, Martina MICHELS, Victor NEGRESCU, Jozo RADOŠ, Evelyn REGNER, Michel REIMON, Terry REINTKE, Judith SARGENTINI, Marietje SCHAAKE, Helmut SCHOLZ, Molly SCOTT CATO, Davor ŠKRLEC, Igor ŠOLTES, Catherine STIHLER, Dario TAMBURRANO, Indrek TARAND, Jana TOOM, Ernest URTASUN, Bodil VALERO, Monika VANA, Sophia IN 'T VELD, Josef WEIDENHOLZER, Gabriele ZIMMER, Laura AGEA, Luke Ming FLANAGAN, Yannick JADOT, Nessa CHILDERS, Rosa D'AMATO, Marco VALLI, Matthijs van MILTENBURG, Florent MARCELLESI

Proposal for a directive
Recital 3

(3) Rapid technological developments continue to transform the way works and other subject-matter are created, produced, distributed and exploited. New business models and new actors continue to emerge. The objectives and the principles laid down by the Union copyright framework remain sound. However, legal uncertainty remains, for both rightholders and users, as regards certain uses, including cross-border uses, of works and other subject-matter in the digital environment. As set out in the Communication of the Commission entitled ‘Towards a modern, more European copyright framework’26 , in some areas it is necessary to adapt and supplement the current Union copyright framework. This Directive provides for rules to adapt certain exceptions and limitations to digital and cross-border environments, as well as measures to facilitate certain licensing practices as regards the dissemination of out-of- commerce works and the online availability of audiovisual works on video- on-demand platforms with a view to ensuring wider access to content. In order 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. _________________ 26 COM(2015) 626 final. COM(2015) 626 final.

2017/04/28
Committee: JURI

Dietmar KÖSTER, Lidia Joanna GERINGER DE OEDENBERG, Emilian PAVEL, Tiemo WÖLKEN, Birgit SIPPEL, Josef WEIDENHOLZER, Marju LAURISTIN

Proposal for a directive
Title IV – Chapter 2 – title

~~Certain uses of protected content by online services~~deleted

2017/06/12
Committee: LIBE

Dietmar KÖSTER, Lidia Joanna GERINGER DE OEDENBERG, Emilian PAVEL, Tiemo WÖLKEN, Birgit SIPPEL, Josef WEIDENHOLZER, Marju LAURISTIN

Proposal for a directive
Article 13

Use of protected content by information giving access to large amounts of works and other subject-matter uploaded by 1. 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. 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. 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.Article 13 deleted society service providers storing and their users Information society service Member States shall ensure that Member States shall facilitate,

2017/06/12
Committee: LIBE

Dietmar KÖSTER, Emilian PAVEL, Lidia Joanna GERINGER DE OEDENBERG, Tiemo WÖLKEN, Birgit SIPPEL, Josef WEIDENHOLZER, Marju LAURISTIN

Proposal for a directive
Article 13 – paragraph 1

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.deleted

2017/06/12
Committee: LIBE

Dietmar KÖSTER, Lidia Joanna GERINGER DE OEDENBERG, Emilian PAVEL, Tiemo WÖLKEN, Birgit SIPPEL, Josef WEIDENHOLZER, Marju LAURISTIN

Proposal for a directive
Article 13 – paragraph 2

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.deleted

2017/06/12
Committee: LIBE

Dietmar KÖSTER, Lidia Joanna GERINGER DE OEDENBERG, Emilian PAVEL, Tiemo WÖLKEN, Birgit SIPPEL, Josef WEIDENHOLZER, Marju LAURISTIN

Proposal for a directive
Article 13 – paragraph 3

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.deleted

2017/06/12
Committee: LIBE

Josef WEIDENHOLZER

Proposal for a directive
Recital 38

(38) 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 . 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 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).deleted

2017/04/05
Committee: IMCO

Josef WEIDENHOLZER

Proposal for a directive
Recital 39

(39) Collaboration between 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.deleted

2017/04/05
Committee: IMCO

Felix REDA, Isabella ADINOLFI, Max ANDERSSON, Petras AUŠTREVIČIUS, Brando BENIFEI, Izaskun BILBAO BARANDICA, David BORRELLI, Klaus BUCHNER, Reinhard BÜTIKOFER, Matt CARTHY, Dita CHARANZOVÁ, Daniel DALTON, Fabio DE MASI, Pascal DURAND, Stefan ECK, Bas EICKHOUT, Cornelia ERNST, Fredrick FEDERLEY, Laura FERRARA, Thomas HÄNDEL, Heidi HAUTALA, Benedek JÁVOR, Kaja KALLAS, Ska KELLER, Kostadinka KUNEVA, Merja KYLLÖNEN, Philippe LAMBERTS, Marju LAURISTIN, Sabine LÖSING, Ulrike LUNACEK, Jiří MAŠTÁLKA, Martina MICHELS, Jozo RADOŠ, Evelyn REGNER, Michel REIMON, Terry REINTKE, Judith SARGENTINI, Marietje SCHAAKE, Helmut SCHOLZ, Molly SCOTT CATO, Davor ŠKRLEC, Igor ŠOLTES, Catherine STIHLER, Dario TAMBURRANO, Indrek TARAND, Jana TOOM, Ernest URTASUN, Bodil VALERO, Monika VANA, Sophia IN 'T VELD, Josef WEIDENHOLZER, Gabriele ZIMMER, Laura AGEA, Luke Ming FLANAGAN, Yannick JADOT, Nessa CHILDERS, Rosa D'AMATO, Marco VALLI, Matthijs van MILTENBURG, Florent MARCELLESI

Proposal for a directive
Recital 31

(31) A free and pluralist press is 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.deleted

2017/04/28
Committee: JURI

Lidia Joanna GERINGER DE OEDENBERG, Catherine STIHLER, Victor NEGRESCU, Marju LAURISTIN, Josef WEIDENHOLZER

Proposal for a directive
Recital 31

(31) An open Internet and free and pluralist press is 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.

2017/04/28
Committee: JURI

Felix REDA, Isabella ADINOLFI, Max ANDERSSON, Petras AUŠTREVIČIUS, Brando BENIFEI, Izaskun BILBAO BARANDICA, David BORRELLI, Klaus BUCHNER, Reinhard BÜTIKOFER, Matt CARTHY, Dita CHARANZOVÁ, Daniel DALTON, Fabio DE MASI, Pascal DURAND, Stefan ECK, Bas EICKHOUT, Cornelia ERNST, Fredrick FEDERLEY, Laura FERRARA, Thomas HÄNDEL, Heidi HAUTALA, Benedek JÁVOR, Kaja KALLAS, Ska KELLER, Kostadinka KUNEVA, Merja KYLLÖNEN, Philippe LAMBERTS, Marju LAURISTIN, Sabine LÖSING, Ulrike LUNACEK, Jiří MAŠTÁLKA, Martina MICHELS, Jozo RADOŠ, Evelyn REGNER, Michel REIMON, Terry REINTKE, Judith SARGENTINI, Marietje SCHAAKE, Helmut SCHOLZ, Molly SCOTT CATO, Davor ŠKRLEC, Igor ŠOLTES, Catherine STIHLER, Dario TAMBURRANO, Indrek TARAND, Ernest URTASUN, Bodil VALERO, Monika VANA, Sophia IN 'T VELD, Josef WEIDENHOLZER, Gabriele ZIMMER, Laura AGEA, Luke Ming FLANAGAN, Yannick JADOT, Nessa CHILDERS, Rosa D'AMATO, Marco VALLI, Matthijs van MILTENBURG, Florent MARCELLESI

Proposal for a directive
Recital 32

(32) The organisational and financial 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.deleted

2017/04/28
Committee: JURI

Lidia Joanna GERINGER DE OEDENBERG, Catherine STIHLER, Victor NEGRESCU, Josef WEIDENHOLZER

Proposal for a directive
Recital 32

(32) The organisational and financial contribution of journalists and 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 usesnews production.

2017/04/28
Committee: JURI

Lidia Joanna GERINGER DE OEDENBERG, Catherine STIHLER, Josef WEIDENHOLZER, Marju LAURISTIN

Proposal for a directive
Recital 33

(33) For the purposes of this Directive, 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.deleted

2017/04/28
Committee: JURI

Felix REDA, Isabella ADINOLFI, Max ANDERSSON, Petras AUŠTREVIČIUS, Brando BENIFEI, Izaskun BILBAO BARANDICA, David BORRELLI, Klaus BUCHNER, Reinhard BÜTIKOFER, Matt CARTHY, Dita CHARANZOVÁ, Daniel DALTON, Fabio DE MASI, Pascal DURAND, Stefan ECK, Bas EICKHOUT, Cornelia ERNST, Fredrick FEDERLEY, Laura FERRARA, Thomas HÄNDEL, Heidi HAUTALA, Benedek JÁVOR, Kaja KALLAS, Ska KELLER, Kostadinka KUNEVA, Merja KYLLÖNEN, Philippe LAMBERTS, Marju LAURISTIN, Sabine LÖSING, Ulrike LUNACEK, Jiří MAŠTÁLKA, Martina MICHELS, Victor NEGRESCU, Jozo RADOŠ, Evelyn REGNER, Michel REIMON, Terry REINTKE, Judith SARGENTINI, Marietje SCHAAKE, Helmut SCHOLZ, Molly SCOTT CATO, Davor ŠKRLEC, Igor ŠOLTES, Catherine STIHLER, Dario TAMBURRANO, Indrek TARAND, Jana TOOM, Ernest URTASUN, Monika VANA, Bodil VALERO, Sophia IN 'T VELD, Josef WEIDENHOLZER, Gabriele ZIMMER, Laura AGEA, Luke Ming FLANAGAN, Yannick JADOT, Nessa CHILDERS, Rosa D'AMATO, Marco VALLI, Matthijs van MILTENBURG, Florent MARCELLESI

Proposal for a directive
Recital 33

(33) For the purposes of this Directive, it is necessary to ~~define~~clarify the sco~~ncept~~pe 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, weeklotection set out in Article s2 and 3 of Directive 2001/29/EC. In order to improve legal certainty for all concerned parties, and to ensure the freedom to carry out certain acts necessary for ~~monthly magazines of general or special i~~the normal functioning of the Internest 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 doess well as to take account of certain fundamental rights, these Articles should not extend to acts of hyperlinking, which do not constitute communication to the public.

2017/04/28
Committee: JURI

Lidia Joanna GERINGER DE OEDENBERG, Catherine STIHLER, Josef WEIDENHOLZER, Marju LAURISTIN

Proposal for a directive
Recital 34

(34) The rights granted to the 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.deleted

2017/04/28
Committee: JURI

Felix REDA, Isabella ADINOLFI, Max ANDERSSON, Petras AUŠTREVIČIUS, Brando BENIFEI, Izaskun BILBAO BARANDICA, David BORRELLI, Klaus BUCHNER, Reinhard BÜTIKOFER, Matt CARTHY, Dita CHARANZOVÁ, Daniel DALTON, Fabio DE MASI, Pascal DURAND, Stefan ECK, Bas EICKHOUT, Cornelia ERNST, Fredrick FEDERLEY, Laura FERRARA, Thomas HÄNDEL, Heidi HAUTALA, Benedek JÁVOR, Kaja KALLAS, Ska KELLER, Kostadinka KUNEVA, Merja KYLLÖNEN, Philippe LAMBERTS, Marju LAURISTIN, Sabine LÖSING, Ulrike LUNACEK, Jiří MAŠTÁLKA, Martina MICHELS, Victor NEGRESCU, Jozo RADOŠ, Evelyn REGNER, Michel REIMON, Terry REINTKE, Judith SARGENTINI, Marietje SCHAAKE, Helmut SCHOLZ, Molly SCOTT CATO, Davor ŠKRLEC, Igor ŠOLTES, Catherine STIHLER, Dario TAMBURRANO, Indrek TARAND, Jana TOOM, Ernest URTASUN, Bodil VALERO, Monika VANA, Sophia IN 'T VELD, Josef WEIDENHOLZER, Gabriele ZIMMER, Laura AGEA, Luke Ming FLANAGAN, Yannick JADOT, Nessa CHILDERS, Rosa D'AMATO, Marco VALLI, Matthijs van MILTENBURG, Florent MARCELLESI

Proposal for a directive
Recital 34

(34) The rights granted to the 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.deleted

2017/04/28
Committee: JURI

Lidia Joanna GERINGER DE OEDENBERG, Catherine STIHLER, Josef WEIDENHOLZER, Marju LAURISTIN

Proposal for a directive
Recital 35

(35) The protection granted to 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.deleted

2017/04/28
Committee: JURI

Felix REDA, Isabella ADINOLFI, Max ANDERSSON, Petras AUŠTREVIČIUS, Brando BENIFEI, Izaskun BILBAO BARANDICA, David BORRELLI, Klaus BUCHNER, Reinhard BÜTIKOFER, Matt CARTHY, Dita CHARANZOVÁ, Daniel DALTON, Fabio DE MASI, Pascal DURAND, Stefan ECK, Bas EICKHOUT, Cornelia ERNST, Fredrick FEDERLEY, Laura FERRARA, Thomas HÄNDEL, Heidi HAUTALA, Benedek JÁVOR, Kaja KALLAS, Ska KELLER, Kostadinka KUNEVA, Merja KYLLÖNEN, Philippe LAMBERTS, Marju LAURISTIN, Sabine LÖSING, Ulrike LUNACEK, Jiří MAŠTÁLKA, Martina MICHELS, Victor NEGRESCU, Jozo RADOŠ, Evelyn REGNER, Michel REIMON, Marietje SCHAAKE, Judith SARGENTINI, Helmut SCHOLZ, Molly SCOTT CATO, Davor ŠKRLEC, Igor ŠOLTES, Catherine STIHLER, Dario TAMBURRANO, Indrek TARAND, Jana TOOM, Ernest URTASUN, Bodil VALERO, Monika VANA, Sophia IN 'T VELD, Josef WEIDENHOLZER, Gabriele ZIMMER, Laura AGEA, Luke Ming FLANAGAN, Yannick JADOT, Nessa CHILDERS, Rosa D'AMATO, Marco VALLI, Matthijs van MILTENBURG, Florent MARCELLESI

Proposal for a directive
Recital 35

(35) The protection granted to 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.deleted

2017/04/28
Committee: JURI

Josef WEIDENHOLZER

Proposal for a directive
Article 5 – title

Preservation of cultural heritage and Safeguarding the Public Domain

2017/04/05
Committee: IMCO

Evelyn REGNER, Josef WEIDENHOLZER

Proposal for a directive
Recital 38

(38) 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 . 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 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).deleted

2017/04/28
Committee: JURI

Josef WEIDENHOLZER

Proposal for a directive
Article 5 – paragraph 1 – point 1 (new)

(1) Member States shall recognise that once a work is in the public domain (copyright and related rights in a work have expired or never existed), faithful reproductions in full or in part of that work, regardless of the mode of reproduction and including digitisation, shall equally not be subject to copyright or related rights.

2017/04/05
Committee: IMCO

Lidia Joanna GERINGER DE OEDENBERG, Catherine STIHLER, Victor NEGRESCU, Josef WEIDENHOLZER

Proposal for a directive
Recital 38 – paragraph 1

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 rightholdeworks uploaded by their users, they should conclude agreements with rightholders that ensure appropriate remuneration for authors, unless they are ~~eligible~~qualified for the liability exemptions provided in Article 14s 12, 13, 14 and 15 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, . Such agreements should take into consideration the interests of authors, performers, all end-users and information society services. To avoid multiple licensing for the use of the same work on the same information society service providers, which would lead to fragmentation of the Digital Single Market, rightholders should offer a single agreement or license covering the ~~Internal Market (OJ L 178, 17.7.2000, p. 1–16)~~relevant copyrighted works and should offer pan- European licence for the use of their work covered by this recital.

2017/04/28
Committee: JURI

Josef WEIDENHOLZER

Proposal for a directive
Article 6 a (new)

Article 6a Freedom of Panorama Member States shall provide for an exception that grants the right to reproduce works permanently located in public spaces by way of still or moving images and to distribute and communicate to the public such images in full or in parts.

2017/04/05
Committee: IMCO

Evelyn REGNER, Josef WEIDENHOLZER

Proposal for a directive
Recital 39

(39) Collaboration between 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.deleted

2017/04/28
Committee: JURI

Josef WEIDENHOLZER

Proposal for a directive
Article 13 a (new)

Article 13a User Generated Content Member States shall provide for an exception to the rights provided for in Articles 2, 3 and 4 of Directive 2001/29/EC, Article 5 and Article 7(1) of Directive 96/9/EC, Article 4(1) of Directive 2009/24/EC, Articles 7(1) and 8(1) of Directive 2006/115/EC and Article 11(1) of this Directive in order to allow natural persons to use an existing work or other subject matter in the creation of a new work or other subject- matter, and use the new work or other subject matter, provided that: (a) the work or other subject-matter has already been lawfully made available to the public; (b) the source - including, if available, the name of the author, performer, producer, or broadcaster - is indicated; (c) there is a certain level of creativity in the new work which substantially differentiates it from the original work.

2017/04/05
Committee: IMCO

Lidia Joanna GERINGER DE OEDENBERG, Catherine STIHLER, Josef WEIDENHOLZER

Proposal for a directive
Article 2 – paragraph 4

(4) ‘press publication’ means a 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.deleted

2017/04/28
Committee: JURI

Felix REDA, Isabella ADINOLFI, Max ANDERSSON, Petras AUŠTREVIČIUS, Brando BENIFEI, Izaskun BILBAO BARANDICA, David BORRELLI, Klaus BUCHNER, Reinhard BÜTIKOFER, Matt CARTHY, Daniel DALTON, Fabio DE MASI, Pascal DURAND, Stefan ECK, Bas EICKHOUT, Cornelia ERNST, Fredrick FEDERLEY, Laura FERRARA, Thomas HÄNDEL, Benedek JÁVOR, Kaja KALLAS, Ska KELLER, Kostadinka KUNEVA, Merja KYLLÖNEN, Philippe LAMBERTS, Marju LAURISTIN, Sabine LÖSING, Ulrike LUNACEK, Jiří MAŠTÁLKA, Martina MICHELS, Jozo RADOŠ, Evelyn REGNER, Michel REIMON, Terry REINTKE, Judith SARGENTINI, Marietje SCHAAKE, Helmut SCHOLZ, Molly SCOTT CATO, Davor ŠKRLEC, Igor ŠOLTES, Dario TAMBURRANO, Indrek TARAND, Jana TOOM, Ernest URTASUN, Bodil VALERO, Monika VANA, Sophia IN 'T VELD, Josef WEIDENHOLZER, Gabriele ZIMMER, Laura AGEA, Luke Ming FLANAGAN, Yannick JADOT, Nessa CHILDERS, Rosa D'AMATO, Marco VALLI, Matthijs van MILTENBURG, Florent MARCELLESI

Proposal for a directive
Article 2 – paragraph 4

(4) ‘press publication’ means a 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.deleted

2017/04/28
Committee: JURI

Evelyn REGNER, Josef WEIDENHOLZER

Proposal for a directive
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 Article 11(1) of this Directive for reproductions and extractions made by research organisations ~~in order to carry out text and data mining of works or other subject-matter to which they have lawful access for the purposes of scientific research~~.

2017/04/28
Committee: JURI

Josef WEIDENHOLZER

Proposal for a directive
Article 17 – paragraph 2 – point a c (new)

Directive 2001/29/EC
Article 5 – paragraph 2 – introductory sentence

(ac) In Article 5 (2) the first line is replaced by the following: "2. Member States ~~may~~shall provide for exceptions or limitations to the reproduction right provided for in Article 2 in the following cases:" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1491298593782&uri=CELEX:32001L0029)

2017/04/05
Committee: IMCO

Josef WEIDENHOLZER

Proposal for a directive
Article 17 – paragraph 2 – point a d (new)

Directive 2001/29/EC
Article 5 – paragraph 3 – introductory sentence

(ad) In Article 5(3) the first line is replaced by the following: "3. Member States ~~may~~shall provide for exceptions or limitations to the rights provided for in Articles 2 and 3 in the following cases :" Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/?qid=1491298593782&uri=CELEX:32001L0029)

2017/04/05
Committee: IMCO

Josef WEIDENHOLZER, Evelyn REGNER

Proposal for a directive
Article 4 – paragraph 1 – introductory part

1. Member States shall provide for an exception or limitation to the rights provided for in Articles 2 and 3 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4(1) of Directive 2009/24/EC and Article 11(1) of this Directive in order to allow for the digital use of works and other subject- matter for the sole purpose of illustration for teaching, ~~to the extent justified by the non-commercial purpose to be achieved,~~ provided that the use:

2017/04/28
Committee: JURI

Evelyn REGNER, Josef WEIDENHOLZER

Proposal for a directive
Article 5 – title

Preservation of cultural heritage and safeguarding the Public Domain

2017/04/28
Committee: JURI

Lidia Joanna GERINGER DE OEDENBERG, Catherine STIHLER, Victor NEGRESCU, Sergio Gaetano COFFERATI, Josef WEIDENHOLZER

Proposal for a directive
Article 5 – paragraph 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, Article 4(1)(a) of Directive 2009/24/EC and Article 11(1) of this Directive, permitting cultural heritage institutions or educational facilities, to make copies of any works or other subject-matter that are permanently in their collections, in any format or medium, for the sole purpose of the preservation of such works or other subject-matter and to the extent necessary for such preservation.

2017/04/28
Committee: JURI

Evelyn REGNER, Josef WEIDENHOLZER

Proposal for a directive
Article 5 – paragraph 1 a (new)

1a. Member States shall recognise that once a work is in the public domain because the copyright and related rights therein have expired or never existed, faithful reproductions in full or in part of that work, regardless of the mode of reproduction and including digitalisation, shall equally not be subject to copyright or related rights.

2017/04/28
Committee: JURI

Lidia Joanna GERINGER DE OEDENBERG, Catherine STIHLER, Victor NEGRESCU, Sergio Gaetano COFFERATI, Josef WEIDENHOLZER

Proposal for a directive
Article 5 – paragraph 1 a (new)

1a. Member States shall recognise that once a work is in the public domain because the copyright and other related rights therein have expired or never existed, accurate reproductions in full or in part of that work shall not be subject to copyright or related rights.

2017/04/28
Committee: JURI

Evelyn REGNER, Josef WEIDENHOLZER

Proposal for a directive
Article 5 a (new)

Article 5 a Freedom of Panorama Member Sates shall provide for an exception that grants the right to reproduce works permanently located in public spaces by way of still or moving images and to distribute and communicate to the public such images in full or in parts.

2017/04/28
Committee: JURI

Lidia Joanna GERINGER DE OEDENBERG, Catherine STIHLER, Josef WEIDENHOLZER, Sergio Gaetano COFFERATI

Proposal for a directive
Article 5 a (new)

Article 5 a Member States shall provide for an exception or limitation to the rights to use photographs, video footage or other images of works permanently placed in public spaces.

2017/04/28
Committee: JURI

Felix REDA, Isabella ADINOLFI, Jan Philipp ALBRECHT, Max ANDERSSON, Petras AUŠTREVIČIUS, Brando BENIFEI, Izaskun BILBAO BARANDICA, David BORRELLI, Klaus BUCHNER, Reinhard BÜTIKOFER, Matt CARTHY, Dita CHARANZOVÁ, Daniel DALTON, Fabio DE MASI, Pascal DURAND, Stefan ECK, Bas EICKHOUT, Cornelia ERNST, Fredrick FEDERLEY, Laura FERRARA, Thomas HÄNDEL, Heidi HAUTALA, Benedek JÁVOR, Kaja KALLAS, Ska KELLER, Kostadinka KUNEVA, Merja KYLLÖNEN, Philippe LAMBERTS, Marju LAURISTIN, Sabine LÖSING, Ulrike LUNACEK, Jiří MAŠTÁLKA, Martina MICHELS, Victor NEGRESCU, Jozo RADOŠ, Evelyn REGNER, Michel REIMON, Terry REINTKE, Judith SARGENTINI, Marietje SCHAAKE, Helmut SCHOLZ, Molly SCOTT CATO, Davor ŠKRLEC, Igor ŠOLTES, Catherine STIHLER, Dario TAMBURRANO, Indrek TARAND, Jana TOOM, Ernest URTASUN, Bodil VALERO, Monika VANA, Sophia IN 'T VELD, Josef WEIDENHOLZER, Gabriele ZIMMER, Laura AGEA, Luke Ming FLANAGAN, Yannick JADOT, Nessa CHILDERS, Rosa D'AMATO, Marco VALLI, Matthijs van MILTENBURG, Florent MARCELLESI

Proposal for a directive
Article 11

Protection of press publications 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.Article 11 deleted concerning digital uses

2017/04/28
Committee: JURI

Lidia Joanna GERINGER DE OEDENBERG, Catherine STIHLER, Josef WEIDENHOLZER, Marju LAURISTIN

Proposal for a directive
Article 11 – paragraph 1

~~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.~~deleted

2017/04/28
Committee: JURI

Lidia Joanna GERINGER DE OEDENBERG, Catherine STIHLER, Josef WEIDENHOLZER, Marju LAURISTIN

Proposal for a directive
Article 11 – paragraph 2

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.deleted

2017/04/28
Committee: JURI

Lidia Joanna GERINGER DE OEDENBERG, Catherine STIHLER, Josef WEIDENHOLZER, Marju LAURISTIN

Proposal for a directive
Article 11 – paragraph 3

~~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.~~deleted

2017/04/28
Committee: JURI

Lidia Joanna GERINGER DE OEDENBERG, Catherine STIHLER, Josef WEIDENHOLZER, Marju LAURISTIN

Proposal for a directive
Article 11 – paragraph 4

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.deleted

2017/04/28
Committee: JURI

Lidia Joanna GERINGER DE OEDENBERG, Catherine STIHLER, Victor NEGRESCU, Marju LAURISTIN, Josef WEIDENHOLZER

Proposal for a directive
Article 13 – paragraph 2 a (new)

2 a. Member States shall ensure that users have access to a court or other relevant judicial authority.

2017/04/28
Committee: JURI

Evelyn REGNER, Josef WEIDENHOLZER

Proposal for a directive
Article 13 a (new)

Article 13 a User Generated Content Member States shall provide for an exception to the rights provided for in Articles 2, 3, and 4 of Directive 2001/29/EC, Article 5 and Article 7(1) of Directive 96/9/EC, Article 4(1) of Directive 2009/24/EC, Articles 7(1) and 8(1) of Directive 2006/115/EC and Article 11 (1) of this Directive in order to allow natural persons to use an existing work or other subject-matter in the creation of a new work or other subject-matter and use the new work or other subject-matter, provided that: (a) the work or other subject-matter has already been lawfully made available to the public; (b) the source, including, if available, the name of the author, performer, producer, or broadcaster - is indicated; (c) there is a certain level of creativity in the new work which substantially differentiates it from the original work.

2017/04/28
Committee: JURI

Lidia Joanna GERINGER DE OEDENBERG, Catherine STIHLER, Victor NEGRESCU, Evelyn REGNER, Josef WEIDENHOLZER

Proposal for a directive
Article 13 a (new)

Article 13 a Modification to Directive 2001/29/EC Directive 2001/29/EC shall be amended as follows: The following Article shall be added: Article 5(3) bis User Generated Content Member States shall provide for an exception or limitation to the rights set out in Articles 2, 3 and 4 for the use by natural persons of an existing work or other subject-matter in the creation of a new work or other subject-matter, provided that: (a) the work or other subject-matter has already been lawfully made available to the public; (b) the source, including, if available, the name of the author, is indicated; (c) there is a certain level of originality in the new work. This exception is without prejudice to the exceptions and limitations provided for in Article 5.

2017/04/28
Committee: JURI

Evelyn REGNER, Josef WEIDENHOLZER

Proposal for a directive
Article 14 – paragraph 1

1. Member States shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector, timely, a~~dequ~~ccurate and ~~sufficient~~comprehensive information on the exploitation of their works and performances from those to whom the~~y hav~~ir works are licensed or t~~ransferred their rights~~heir rights are transferred, notably as regards all modes of exploitation, revenues generated and remuneration due.

2017/04/28
Committee: JURI

Evelyn REGNER, Josef WEIDENHOLZER

Proposal for a directive
Article 15 – paragraph -1 (new)

-1 Member States shall ensure that authors and performers are entitled to a proportionate remuneration of the revenues derived from all models of exploitation and every use of their works.

2017/04/28
Committee: JURI

Evelyn REGNER, Josef WEIDENHOLZER

Proposal for a directive
Article 15 – paragraph 1

Member States shall ensure that authors and performers are entitled to ~~request~~claim additional, ~~appropriat~~equitable 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 subsequent relevant revenues and benefits derived from the exploitation of the works or performances.

2017/04/28
Committee: JURI

Evelyn REGNER, Josef WEIDENHOLZER

Proposal for a directive
Article 15 – paragraph 1 a (new)

Member States shall ensure that representative organisations of authors and performers may make the claim for additional, equitable remuneration on behalf of their members.

2017/04/28
Committee: JURI

Evelyn REGNER, Josef WEIDENHOLZER

Proposal for a directive
Article 16 – paragraph 1 a (new)

Member States shall ensure that representative organisations of authors and performers may represent their members in the alternative dispute resolution procedure.

2017/04/28
Committee: JURI

Evelyn REGNER, Josef WEIDENHOLZER

Proposal for a directive
Article 17 – paragraph 2 – point a a (new)

Directive 2001/29/EC
Article 5 – paragraph 2 – introductory part

(a a) In Article 5 (2), the introductory part is replaced by the following: "2. Member States shall provide for exceptions or limitations to the reproduction right provided for in Article 2 in the following cases:"

2017/04/28
Committee: JURI

Evelyn REGNER, Josef WEIDENHOLZER

Proposal for a directive
Article 17 – paragraph 2 – point b a (new)

Directive 2001/29/EC
Article 5 – paragraph 3 – introductory part

(b a) In Article 5(3) the introductory part is replaced by the following: "3. Member States shall provide for exceptions or limitations to the rights provided for in Article 2 and 3 in the following cases:"

2017/04/28
Committee: JURI

Felix REDA, Isabella ADINOLFI, Max ANDERSSON, Petras AUŠTREVIČIUS, Brando BENIFEI, Izaskun BILBAO BARANDICA, David BORRELLI, Klaus BUCHNER, Reinhard BÜTIKOFER, Matt CARTHY, Dita CHARANZOVÁ, Daniel DALTON, Fabio DE MASI, Pascal DURAND, Stefan ECK, Bas EICKHOUT, Cornelia ERNST, Fredrick FEDERLEY, Laura FERRARA, Thomas HÄNDEL, Heidi HAUTALA, Benedek JÁVOR, Kaja KALLAS, Ska KELLER, Kostadinka KUNEVA, Merja KYLLÖNEN, Philippe LAMBERTS, Marju LAURISTIN, Sabine LÖSING, Ulrike LUNACEK, Jiří MAŠTÁLKA, Martina MICHELS, Victor NEGRESCU, Jozo RADOŠ, Evelyn REGNER, Michel REIMON, Terry REINTKE, Judith SARGENTINI, Marietje SCHAAKE, Helmut SCHOLZ, Molly SCOTT CATO, Davor ŠKRLEC, Igor ŠOLTES, Catherine STIHLER, Dario TAMBURRANO, Indrek TARAND, Jana TOOM, Ernest URTASUN, Bodil VALERO, Monika VANA, Sophia IN 'T VELD, Josef WEIDENHOLZER, Gabriele ZIMMER, Laura AGEA, Luke Ming FLANAGAN, Yannick JADOT, Nessa CHILDERS, Rosa D'AMATO, Marco VALLI, Matthijs van MILTENBURG, Florent MARCELLESI

Proposal for a directive
Article 18 – paragraph 2

~~2. The provisions of Article 11 shall also apply to press publications published before [the date mentioned in Article 21(1)].~~deleted

2017/04/28
Committee: JURI

Activities of Josef WEIDENHOLZER related to 2016/0280(COD)

Plenary speeches (1)

Amendments (57)

ParlTrack - 2011-2024