15 Amendments of Christine REVAULT D'ALLONNES BONNEFOY related to 2016/0280(COD)
Amendment 39 #
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37a) 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, yielding significant profits, the creative sectors have not seen a comparable increase in consumption. The value of cultural and creative works has been diverted away from the authors, artists, producers and others right holders, generating an unsustainable "value gap". This transfer of value, due to the lack of clarity regarding the status of these online services under copyright and e-commerce law, undermines the efficiency of the online market, distorts competition and drives down the overall value of cultural content online. It also limits consumer choice of new and innovative legitimate services in the European Digital Single Market and puts at risk cultural and creative industries that create significant jobs and growth for the Union economy, as underlined by the European Parliament resolution of 13 December 2016 on a coherent EU policy for cultural and creative industries 1a. _________________ 1a Not yet published in the Official Journal.
Amendment 41 #
Proposal for a directive
Recital 37 b (new)
Recital 37 b (new)
(37b) 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. Consideration should to be made of how this process can function with more legal certainty and fairness and respect for right holders. Importance of transparency and of ensuring a level playing filed is necessary. In this regard, protection of right holders within the copyright and intellectual property framework is necessary in order to ensure recognition of values and stimulation of innovation, creativity, investment, to guarantee the success of a Digital Single Market, offering all diverse and quality cultural and creative works.
Amendment 43 #
Proposal for a directive
Recital 37 c (new)
Recital 37 c (new)
(37c) This is why liability exemptions can only apply to genuinely neutral and passive online service providers, and not to services that play an active role in distributing, promoting and monetising content at the expense of creators.
Amendment 47 #
Proposal for a directive
Recital 38 – paragraph 1
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 andinstallations and thus performing an act of communication to the public and/or making available to the public, as well as an act of reproduction, they are obliged to conclude licensing agreements with rightholders who so request, 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 the interests of ensuring legal certainty for the users of services, these agreements should cover the liability of the latter when they are not acting professionally for acts falling under Articles 2 and 3 of Directive 2001/29/EC that they perform. __________________ 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).
Amendment 62 #
Proposal for a directive
Recital 38 – paragraph 2
Recital 38 – paragraph 2
In respect of Article 14 of Directive 2000/31/EC, it is necessary to verify whether the service provider plays an active role, including by optimising the presentation of the uploaded works or subject-mattercontent provided by the service or promoting themat content, irrespective of the nature of the means used therefor.
Amendment 69 #
Proposal for a directive
Recital 38 – paragraph 3
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/ECno request for a licensing agreement is addressed to the information society service providers who play an active role or when the information society service providers which are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC store and offer to the public a significant quantity of works or other subject-matter uploaded by their users.
Amendment 104 #
Proposal for a directive
Article 13 – title
Article 13 – title
Use of protected content by information society service providers storing and giving access to large amounts of works andor other subject-matter uploaded by their users
Amendment 108 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Information society service providers that store and provide to the public access to large amounts ofprotected works or other subject-matter uploaded by their users shall, in cooperation conclude fair and balanced agreements with all rightholders governing such content at the request of those rightholders, unless they are eligible for the liability exemption provided for in article 14 of Directive 200/31/EC. Under the terms of the agreements with rightholders, these service providers shall take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject- matter or to prev. These agreements should cover the liability of users of information society providers’ services whent the availability on their services of works or other subject-matter identified by rightholders through the cooperation with se users are not acting professionally for acts falling under Articles 2 and 3 of Directive 2001/29/EC that they perform. Information society service providers shall take measures to prevent protected works or other subject-matter identified by rightholders in cooperation with the service providers from being made available by their services, where those providers: (a) play an active part but are not required to conclude a licensing agreement by the holders of rights to works or other service providers.ubject-matter stored by them and to which they provide public access; or (ii) are eligible for the liability exemption provided for in Article 14 of Directive 2000/31/EC, but store and provide to the public access to a large number of protected works or other subject-matter, 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. Rightholders shall provide information society service providers with all relevant and necessary details to ensure the functioning of measures taken by the service providers pursuant to this Article.
Amendment 121 #
Proposal for a directive
Article 13 – paragraph 2
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. Any complaint filed under such mechanisms shall be processed by the relevant rightholder within a reasonable period of time. The rightholder shall give evidence for the rights being upheld.
Amendment 128 #
Proposal for a directive
Article 13 – paragraph 3
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. In cooperation with the Member States, the Commission shall encourage the exchange of best practices across the Union regarding the results of any cooperation established in implementation of paragraph 1.
Amendment 136 #
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Article 13 a Licensing agreements for information society service providers that store and/or provide access to the public to significant amounts of copyright protected works or other subjet-matter uploaded by their users 1. Information society service providers that store and/or 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. 2. Service providers that play an active role, including by optimising the presentation of uploaded works or subject-matter or promoting them, are not eligible for the safe harbour liability exemption. 3. Licences 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.
Amendment 139 #
Proposal for a directive
Article 13 b (new)
Article 13 b (new)
Article 13 b Inalienable 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 the works available to the public, they retain the right to obtain fair remuneration derived from the exploitation of their work. 2. The right of an author or performer to obtain fair remuneration for the making available of his work cannot be waived. 3. The administration of this right to fair remuneration for the making available of an author's or performer's work shall be entrusted to their collective management organisations, unless other collective agreements, including voluntary collective management agreements, guarantee such remuneration to authors and performers for their right of making works available. 4. Collective management organisations shall collect the fair remuneration from information society services making works available to the public.
Amendment 370 #
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37 a) 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, yielding significant profits, the creative sectors have not seen a comparable increase in revenues from this increase in consumption. The value of cultural and creative works has been diverted away from the authors, artists, producers and others rights holders, generating an unsustainable "value gap". This transfer of value, due to the lack of clarity regarding the status of these online services under copyright and e-commerce law, undermines the efficiency of the online market, distorts competition and drives down the overall value of cultural content online. It also limits consumer choice for new and innovative legitimate services in the European Digital Single Market and puts at risk cultural and creative industries that create significant jobs and growth for EU economy, as underlined by the European Parliament resolution of 13 December 2016 on a "coherent EU policy for cultural and creative industries (2016/2072(INI))"
Amendment 376 #
Proposal for a directive
Recital 37 b (new)
Recital 37 b (new)
(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; consideration is to be made of how this process can function with more legal certainty and fairness and respect for right holders; importance of transparency and of ensuring a level playing field is necessary; in this regard, protection of right holders within the copyright and intellectual property framework is necessary in order to ensure recognition of values and stimulation of innovation, creativity, investment, to guarantee the success of a Digital Single Market, offering all diverse and quality cultural and creative works.
Amendment 379 #
Proposal for a directive
Recital 37 c (new)
Recital 37 c (new)
(37 c) This is why liability exemptions can only apply to genuinely neutral and passive online service providers, and not to services that play an active role in distributing, promoting and monetising content at the expense of creators.