39 Amendments of Luigi MORGANO related to 2016/0280(COD)
Amendment 36 #
Proposal for a directive
Recital 37
Recital 37
(37) Over the last years, the functioning of the online content marketplace has gained in complexity. Online services providing access to copyright protected content uploaded by their users without the involvement or consent of right holders have flourished and have become main sources of access to content online. This affects rightholders' possibilities to determine whether, and under which conditions, their work and other subject- matter are used as well as their possibilities to get an appropriate remuneration for it. The providers of the user uploaded content services claim that their services are covered by the safe harbor exemption of Directive 2000/31/EC of the European Parliament and of the Council1a and either refuse to enter into licensing agreements or underpay creators, whilst at the same time they directly compete with fully licensed content providers for the same users and revenues. Those services therefore conflict with the normal exploitation of copyright protected works and subject-matter and drive down the overall value of creative content online _________________ 1a Directive2000/31/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 (‘Directive on electronic commerce) (OJ L 178, 17.7.2000, p. 1).
Amendment 50 #
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Amendment 58 #
Proposal for a directive
Recital 38 – paragraph 2
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. An information society service provider should be obliged to acquire licenses for copyright protected content regardless of whether he has editorial responsibility for that content. The licenses acquired by service providers from right holders should be deemed to cover all the acts of their users, provided that they are acting for non-commercial purposes. This would provide legal certainty for individual users of such services whilst clarifying the liability of platforms.
Amendment 73 #
Proposal for a directive
Recital 38 – paragraph 3
Recital 38 – paragraph 3
In order to ensure the functioning of any licensing agreement, or to prevent the availability of works or other subject- matter identified by righholders on the services of information society service providers, those providers storing and providing access to the public to largesignificant 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.
Amendment 77 #
Proposal for a directive
Recital 39
Recital 39
(39) Collaboration between information society service providers storing and providing access to the public to largesignificant 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. Those technologies should not require the identity of individual users uploading content to be disclosed and should not process data relating to individual users, in accordance with Directive 95/46/EC of the European Parliament and of the Council1a, Directive 2002/58/EC of the European Parliament and of the Council1b and Regulation (EU) 2016/679 of the European Parliament and of the Council1c. On the contrary it should be limited to preventing the availability of specifically identified and duly notified works based on the information provided by rightholders and should not, therefore, lead to a general monitoring obligation. ____________________ 1a Directive95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1996, p. 31). 1b Directive2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.7.2002, p. 37). 1cRegulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 91 #
Proposal for a directive
Recital 3
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. TIn this ever-changing digital environment the Commission should investigate all possible measures to prevent the illegal use of copyright protected visual and audiovisual content for commercial purposes, through embedding or framing techniques. In addition, 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.
Amendment 96 #
Proposal for a directive
Recital 5
Recital 5
(5) In the fields of research, education and preservation of cultural heritage, digital technologies permit new types of uses that are not clearly covered by the current Union rules on exceptions and limitations. In addition, the optional nature of exceptions and limitations provided for in Directives 2001/29/EC, 96/9/EC and 2009/24/EC in these fields may negatively impact the functioning of the internal market. This is particularly relevant as regards cross-border uses, which are becoming increasingly important in the digital environment. Therefore, the existing exceptions and limitations in Union law that are relevant for scientific research, teaching and preservation of cultural heritage should be reassessed in the light of those new uses. Mandatory exceptions or limitations for uses of text and data mining technologies in the field of scientific research, illustration for teaching in the digital environment and for preservation of cultural heritage should be introduced. For uses not covered by the exceptions or the limitation provided for in this Directive, the exceptions and limitations existing in Union law should continue to apply. Directives 96/9/EC and 2001/29/EC should be adapted. The European Commission Communication on 'Promoting a fair, efficient and competitive European copyright-based economy in the Digital Single Market'32a accompanying this Directive notes that the results of the public consultation and the Impact Assessment provided no evidence of cross- border problems or obstacles to the Digital Single Market concerning any other exceptions to copyright and related rights. Only the three exceptions included in the proposal would justify an EU intervention. This is particularly the case for the panorama exception. The European Parliament also did not include such a new exception in its resolution of 9 July 2015 on the implementation of Directive 2001/29/EC as an issue that would require further harmonisation. _________________ 32a COM(2016)0592 final.
Amendment 103 #
Proposal for a directive
Article 13 – title
Article 13 – title
Use of protected content by information society service providers storing and/or giving access to largesignificant amounts of works and other subject-matter uploaded by their users
Amendment 114 #
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 largesignificant amounts of works or other subject-matter uploaded by their users shall conclude licensing agreements with rightholders. Those providers 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. Rightholders shall provide information society service providers with the reference file, metadata or any information necessary to ensure the effective functioning of those measures.
Amendment 126 #
Proposal for a directive
Recital 11
Recital 11
(11) Research organisations across the Union encompass a wide variety of entities the primary goal of which is to conduct scientific research or to do so together with the provision of educational services. Due to the diversity of such entities, it is important to have a common understanding of the beneficiaries of the exception. Despite different legal forms and structures, research organisations across Member States generally have in common that they act either on a not for profit non- commercial basis or in the context of a public-interest mission recognised by the State. Such a public-interest mission may, for example, be reflected through public funding or through provisions in national laws or public contracts. Research organisations that carry out text and data mining for commercial purposes should not be considered research organisations for the purposes of this Directive. At the same time, organisations upon which commercial undertakings have a decisivesignificant influence allowing them to exercise control because of structural situations such as their quality of shareholders or members, which may result in preferential access to the results of the research, should not be considered research organisations for the purposes of this Directive. Research organisations that carry out text and data mining as part of a public-private partnership should benefit from the exception provided that they act on a not-for-profit, non-commercial basis. Therefore, content used by research organisations that carry out text and data mining for commercial purposes as part of a public-private partnership should be lawfully acquired by their commercial partner.
Amendment 133 #
Proposal for a directive
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3a. Information society service providers that take measures referred to in paragraph 1, shall ensure that such measures are in full compliance with Directive 95/46/EC and Directive 2002/58/EC, and the Regulation (EU) 2016/679.
Amendment 230 #
Proposal for a directive
Recital 33
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.
Amendment 233 #
Proposal for a directive
Recital 33 a (new)
Recital 33 a (new)
(33 a) The right for press publishers should apply without prejudice to existing provisions relating to authors' rights, neighbouring rights and to the Directives in force in the field of copyright. In particular it is without prejudice to the rights of reproduction or communication or making available to the public of links or extracts of a press publication by an indivisual user for private use and for not for profit, non commercial purposes.
Amendment 244 #
Proposal for a directive
Recital 35
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. Member States should ensure that a fair share of remuneration derived from uses of the press publishers rights is attributed to journalists.
Amendment 251 #
Proposal for a directive
Recital 37
Recital 37
(37) Over the last years, the functioning of the online content marketplace has gained in complexity. Online services providing access to copyright protected content uploaded by their users without the involvement or agreement of right holders have flourished and have become main sources of access to content online. This affects rightholders' possibilities to determine whether, and under which conditions, their work and other subject- matter are used as well as their possibilities to get an appropriate remuneration for it. These user uploaded content services claim to be covered by the safe harbour exemption of Directive 2000/31/EC and either refuse to enter into licensing agreements or underpay creators, whilst at the same time they directly compete with fully licensed content providers for the same users and revenues. These services therefore conflict with the normal exploitation of copyright protected works and subject matter and drive down the overall value of creative content online.
Amendment 263 #
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Where information society service providers store and/or provide access to the public - including by optimising the presentation of the content - to copyright protected works or other subject-matter uploaded by their users, thereby going beyond the mere technical, automatic and passive provision of physical facilities and performing an act of communication to the public, they are obliged to conclude licensing agreements with rightholders, unless they arenot eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council34 and are therefore obliged to conclude licensing agreements with rightholders. _________________ 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 303 #
Proposal for a directive
Recital 40
Recital 40
(40) Certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under Union law. This is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration. As authors and performers tend to bare in a weaker contractual position when they grant licences or transfer their rights, they need information to assess the continued economic value of their rights, compared to the remuneration received for their licence or transfer, but they often face a lack of transparency. Therefore, the sharing of adequate information by their contractual counterparts orand subsequent transferees or licenses, as well as their successors in title is important for the transparency and balance in the system that governs the remuneration of authors and performers. The reporting and transparency obligation should follow the work across all forms of exploitation and across borders.
Amendment 348 #
Proposal for a directive
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
(4a) 'lawful access' means access to content acquired with the consent of the rightholder.
Amendment 351 #
Proposal for a directive
Article 3 – paragraph 1
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 lawfulacquired lawful license-based access for the purposes of non-commercial scientific research.
Amendment 367 #
Proposal for a directive
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. Copies of content obtained under the provision of paragraph 1 can be stored and preserved in a secure way for the time needed to perform the research. Research organisations should delete the content reproduced for the purpose of text and data mining once all the activities necessary for the research have been performed.
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
Article 4 – paragraph 1 – point -a (new)
Article 4 – paragraph 1 – point -a (new)
(-a) is limited, for written works, printed and digital, to short parts of a work or small scale works and individual articles from newspapers and periodicals which are not made available individually and separately by rightholders,
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.
Amendment 385 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) takes place on the premises of an educational establishment or through a secure electronic network accessible only by the educational establishment's pupils or students and teaching staff directly involved in the teaching activities where the work is being used;
Amendment 386 #
Proposal for a directive
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) is limited to the duration justified by the illustrative purpose;
Amendment 389 #
Proposal for a directive
Article 4 – paragraph 1 – point b a (new)
Article 4 – paragraph 1 – point b a (new)
(ba) ensures the fair remuneration of the rightholders for the use of their works or other subject-matter.
Amendment 395 #
Proposal for a directive
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
Member States mayshall provide that the exception adopted pursuant to paragraph 1 does not apply generally or as regards specific types of works or other subject- matter, to the extent that adequate licences authorising the acts described in paragraph 1 are easily available in the market.
Amendment 429 #
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Article 5(5) and the first, third, fourth and fifth subparagraphs of Article 6(4) of Directive 2001/29/EC shall apply to the exceptions and the limitation provided for under this Title.
Amendment 431 #
Proposal for a directive
Article 6 – paragraph 1 – point 1 (new)
Article 6 – paragraph 1 – point 1 (new)
(1) This Directive provides for three mandatory exceptions as outlined in Articles 3, 4 and 5, namely for text and data mining, digital and cross-border teaching activities and preservation of cultural heritage purposes. The optional exceptions and limitation provided for in the Directive 2001/29/EC remain intact, save for the specific elements introduced by Article 6 and Article 17 in relation to the afore-mentioned Articles 3, 4 and 5.
Amendment 505 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States may provide that where an author has transferred or licensed a right to a publisher, such a transfer or athat publisher is a right holder by virtue and to the extent of such a transfer or a licence. Therefore, this transfer or licence constitutes a sufficient legal basis for the publisher to claim a share of the compensation for the uses of the work made under an exception, statutory collective licensing or limitation to the transferred or licensed right.
Amendment 512 #
Proposal for a directive
Article 13 – title
Article 13 – title
Use of protected content by information society service providers storing and/or giving access to large amounts of works and other protected subject-matter uploaded by their users
Amendment 520 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Information society service providers that play an active role in storeing and provide to the public access to large amounts of/or making available to the public – including by optimising the presentation of the content – copyright protected works or other subject-matter, uploaded by their users, going beyond the mere technical, automatic and passive provision of physical facilities, shall conclude licensing agreements with rightholders. Those service providers shall not benefit from the liability exemption provided for in Article 14 of Directive 2000/31/EC of the European Parliament and of the Council. Where information society service providers are not eligible for the liability exemption provided in Article 14 of Directive 2000/31/EC, they 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 orand to prevent the availability on their services of works or other protected 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.
Amendment 525 #
Proposal for a directive
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
(4a) "lawful access" means access to content acquired with the consent of the rightholder;
Amendment 536 #
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Amendment 583 #
Proposal for a directive
Article 4 – paragraph 1 – point -a (new)
Article 4 – paragraph 1 – point -a (new)
–a is limited, for written works, printed and digital, to short parts of a work or small scale works and individual articles from newspapers and periodicals which are not made available individually and separately by right holders,
Amendment 593 #
Proposal for a directive
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) takes place on the premises of an educational establishment or through a secure electronic network accessible only by the educational establishment's pupils or students and teaching staff directly involved in the teaching activities where the work is being used;
Amendment 596 #
Proposal for a directive
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) is limited to the duration justified by the illustrative purpose;
Amendment 791 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States may provide that where an author has transferred or licensed a right to a publisher, such a transfer or athat publisher is a rightholder by virtue and to the extent of such a transfer or a licence. Therefore, this transfer or licence constitutes a sufficient legal basis for the publisher to claim a share of the compensation for the uses of the work made under an exception, statutory collective licensing or limitation to the transferred or licensed right.