[ParlTrack]

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

2017/04/05
Committee: ITRE

Miroslav POCHE

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

2017/04/05
Committee: ITRE

Miroslav POCHE

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

2017/04/05
Committee: ITRE

Miroslav POCHE

Proposal for a directive
Recital 38 – paragraph 1

~~Where i~~Information society service providers ~~store and provide access to the public to~~whose active role enables them to have knowledge of or control over stored data or to otherwise change or interfere with 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 34 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).

2017/04/05
Committee: ITRE

Miroslav POCHE

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 therefor.deleted

2017/04/05
Committee: ITRE

Miroslav POCHE

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~~whose active role enables them to have knowledge of or control over stored data or to othe ~~public to large amounts of~~rwise change or interfere with copyright protected works or other subject- matter uploaded by their users, as well as to provide access to the public to such data, should take appropriate and proportionate measures to ensure protection of works or other subject-matter, such as implementing effective technologies. This obligation should ~~also~~only apply ~~when~~to those information society service providers ~~are eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC~~that have significant market power.

2017/04/05
Committee: ITRE

Miroslav POCHE

Proposal for a directive
Recital 39

(39) Collaboration between information society service providers ~~storing and providing access to the public to large amounts of~~whose active role enables them to have knowledge of or control over stored data or to otherwise change or interfere with copyright protected works or other subject-matter uploaded by their users and rightholders, as well as to provide access to the public to such data, 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.

2017/04/05
Committee: ITRE

Miroslav POCHE

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~~any entities, regardless of their legal form or focus, 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.

2017/04/05
Committee: ITRE

Miroslav POCHE

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

2017/04/05
Committee: ITRE

Miroslav POCHE

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~~whose active role enables them to have knowledge of or control over stored data or to otherwise change or interfere with works or other protected subject-matter uploaded by their users, as well as to provide access to the public to such data, 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.

2017/04/05
Committee: ITRE

Miroslav POCHE

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

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.

2017/04/05
Committee: ITRE

11 Amendments of Miroslav POCHE related to 2016/0280(COD)

ParlTrack - 2011-2024