Activities of Felix REDA related to 2014/2256(INI)

Draft opinion
Paragraph 9

9. Urges the Commission to promote a flexible and balanced framework for exceptions and limitations that does not cause any harm to right holders and that conforms with consumer expectations; emphasises the important role that exceptions and limitations agreed on for public-interest reasons, for the purpose of education and teaching, play in providing access to knowledge as well as in encouraging cultural and societal participation; urges the Commission and the Member States to consider e-books as part of public lending schemes~~, provided that all necessary agreements with the relevant right holders have been reached beforehand~~;

2015/02/25
Committee: IMCO

Draft opinion
Paragraph 10

10. Welcomes the idea of a structured stakeholder dialogue ‘that would build on the experiences of 'Licenses for Europe’', launched by the Commission in 2013; notes the fact that 'Licences for Europe' was unable to reach consensus thereby highlighting the need for legislative measures; believes that relevant stakeholder engagement and sharing of best practices is essential if a more homogenous and evidence based implementation of copyright laws across the EU is to be reached;

2015/02/25
Committee: IMCO

Motion for a resolution
Recital C a (new)

Ca. Whereas Article 11 of the Charter of Fundamental Rights defines the right of freedom of expression as including the freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers;

2015/03/05
Committee: JURI

Motion for a resolution
Recital D a (new)

Da. Whereas Article 52 of the Charter of Fundamental Rights establishes a principle of proportionality, according to which any limitation on the exercise of the rights and freedoms recognised by this Charter must be provided for by law and respect the essence of those rights and freedoms, only if they are necessary and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others;

2015/03/05
Committee: JURI

Motion for a resolution
Recital D b (new)

Db. Whereas the Special Rapporteur of the United Nations in the field of cultural rights in her report on copyright policy and the right to science and culture (A/HRC/28/57) highlights the key role of exceptions and limitations for creation, and the importance of fair contractual terms for the protection of authorship;

2015/03/05
Committee: JURI

Motion for a resolution
Paragraph 3 c (new)

3c. Calls for the introduction of Community provisions in the area of contract law applicable to copyright, particularly safeguarding authors' rights to bring their works to the market in case a rightholder has refrained from making use of an exclusive right to the work in question for an extended period of time;

2015/03/05
Committee: JURI

Motion for a resolution
Paragraph 3 d (new)

3d. Notes that the existing definitions and scope of the exclusive rights for reproduction, for the communication to the public and for the making available to the public, and for distribution, need clarification to better fit the technological and cross-border nature of digital exploitation acts, and to facilitate the clearance of rights;

2015/03/05
Committee: JURI

Felix REDA, Christian EHLER, Josef WEIDENHOLZER, Milan ZVER

Motion for a resolution
Paragraph 3 j (new)

3j. Suggests to further investigate the effects and benefits from a country of origin approach in rights clearance to facilitate pan-European commercial services; recommends building upon existing best-practice solutions to cross- border access in the area of satellite broadcasting and cable retransmission;

2015/03/05
Committee: JURI

Felix REDA, Victor NEGRESCU, Mary HONEYBALL, Josef WEIDENHOLZER, Dietmar KÖSTER, Mady DELVAUX

Motion for a resolution
Paragraph 4

4. ~~Considers~~Invites the Commission to explore the introduction of a single European Copyright Title ~~on the~~ basised ofn Article 118 TFEU that would apply directly and uniformly across the ~~EU, in accordanc~~Union as a legal means to remedy the lack of harmonisation resulting from Directive 2001/29/EC and to improve legal certainty in line with the Commission’'s objective of better regulation~~, as a legal means to reme~~; therefore calls on the Commission to study the limpackt of ~~harmonisation resulting from Directive 2001/29/EC~~a single European Copyright Title on digital jobs and innovation, and on the preservation of consumers' access to regional cultural diversity;

2015/03/05
Committee: JURI

Motion for a resolution
Paragraph 4 b (new)

4b. Notes the adoption by the Commission of legal instruments aiming at removing obstacles to bringing out the full economic potential from the exploitation of public sector information, and allowing the re-use of such information even in the presence of intellectual property rights;

2015/03/05
Committee: JURI

Motion for a resolution
Paragraph 5

5. Recommends that the EU legislator should, while protecting personal information, further lower the barriers ~~to the~~for re-use of public sector information by exempting ~~works produced by the public sector – as part of~~official works, which are produced by government employees as part of their official duty within the political, legal and administrative process –, from copyright protection;

2015/03/05
Committee: JURI

Motion for a resolution
Paragraph 6

6. Calls on the Commission to safeguard public domain works, which are by definition not subject to copyright protection, and ~~should~~ therefore ~~be able to~~should be used and re-used without technical or contractual barriers; ~~also calls on~~therefore urges the Commission to ~~recognise the freedom of rightholders to voluntarily relinquish their rights and~~clarify that once a work is in the public domain, any digitisation of the work which does not constitute a new, transformative work, stays in the public domain; also calls on the Commission to recognise the freedom of authors to dedicate their works to the public domain;

2015/03/05
Committee: JURI

Motion for a resolution
Paragraph 6 a (new)

6a. Considers that the registration of works should be encouraged, in order to clearly identify and locate right holders, as well as to distinguish between copyrighted and non-copyrighted works, thus improving legal certainty, facilitating the licensing of rights and limiting the spread of orphan works; more broadly, is of the opinion that mechanisms allowing to identify the initial rightholder, the transfer of rights and the publication date of the work, should serve as a presumption of authorship;

2015/03/05
Committee: JURI

Motion for a resolution
Paragraph 7 a (new)

7a. Notes that the current legal Acquis recognises the full harmonisation of exclusive rights, whereas exceptions and limitations to exclusive rights remain optional and not harmonised;

2015/03/05
Committee: JURI

Motion for a resolution
Paragraph 7 b (new)

7b. Notes the significant number of suggestions that have been put forward in the replies to the consultation of the Commission on the review of the EU copyright rules, to introduce new exceptions and limitations to exclusive rights, as well as broadening the scope of existing exceptions;

2015/03/05
Committee: JURI

Motion for a resolution
Paragraph 9

9. Notes that the ability to benefit from exceptions and limitations should be enjoyed in the digital environment ~~should be enjoyed~~ without any unequal treatment as compared ~~with~~to those granted in the analogue world;

2015/03/05
Committee: JURI

Motion for a resolution
Paragraph 10

10. Views with concern the increasing impact of differences among Member States in the implementation of exceptions, which creates legal uncertainty and has direct negative effects on the functioning of the digital single market, in view of the development of cross-border activities and EU global competitiveness and innovation;

2015/03/05
Committee: JURI

Motion for a resolution
Paragraph 11 e (new)

11e. Temporary acts of reproduction, which are transient or incidental [and] an integral and essential part of a technological process and whose sole purpose is to enable: (a) a transmission in a network between third parties by an intermediary, or (b) a lawful use of a work or other subject-matter to be made, and which have no independent economic significance, should remain a mandatory exception.

2015/03/05
Committee: JURI

Felix REDA, Mary HONEYBALL, Josef WEIDENHOLZER

Motion for a resolution
Paragraph 11 j (new)

11j. Exceptions or limitations should be made mandatory in the following cases: (a) in respect of reproductions on paper or any similar medium, effected by the use of any kind of photographic technique or by some other process having similar effects, with the exception of sheet music, provided that the rightholders receive fair compensation; (b) in respect of reproductions on any medium made by a natural person for private use and for ends that are neither directly nor indirectly commercial, on condition that the rightholders receive fair compensation; (c) in respect of acts of reproduction made by publicly accessible libraries, educational establishments or museums, or by archives, which are not for direct or indirect economic or commercial advantage; (d) in respect of ephemeral recordings of works made by broadcasting organisations by means of their own facilities and for their own broadcasts; the preservation of these recordings in official archives should, on the grounds of their exceptional documentary character, be permitted; (e) in respect of reproductions of broadcasts made by social institutions pursuing non-commercial purposes, such as hospitals or prisons, on condition that the rightholders receive fair compensation. (f) use for the sole purpose of illustration for teaching or scientific research, as long as the source, including the author's name, is indicated, unless this turns out to be impossible and to the extent justified by the non-commercial purpose to be achieved; (g) uses, for the benefit of people with a disability, which are directly related to the disability and of a non-commercial nature, to the extent required by the specific disability; (h) reproduction by the press, communication to the public or making available of published articles on current economic, political or religious topics or of broadcast works or other subject-matter of the same character, in cases where such use is not expressly reserved, and as long as the source, including the author's name, is indicated, or use of works or other subject-matter in connection with the reporting of current events, to the extent justified by the informatory purpose and as long as the source, including the author's name, is indicated, unless this turns out to be impossible; (i) quotations for purposes such as criticism or review, provided that they relate to a work or other subject-matter which has already been lawfully made available to the public, that, unless this turns out to be impossible, the source, including the author's name, is indicated, and that their use is in accordance with fair practice, and to the extent required by the specific purpose; (j) use for the purposes of public security or to ensure the proper performance or reporting of administrative, parliamentary or judicial proceedings; (k) use of political speeches as well as extracts of public lectures or similar works or subject-matter to the extent justified by the informatory purpose and provided that the source, including the author's name, is indicated, except where this turns out to be impossible; (l) use during religious celebrations or official celebrations organised by a public authority; (m) use of works, such as works of architecture or sculpture, made to be located permanently in public places; (n) incidental inclusion of a work or other subject-matter in other material; (o) use for the purpose of advertising the public exhibition or sale of artistic works, to the extent necessary to promote the event, excluding any other commercial use; (p) use for the purpose of caricature, parody or pastiche; (q) use in connection with the demonstration or repair of equipment; (r) use of an artistic work in the form of a building or a drawing or plan of a building for the purposes of reconstructing the building; (s) use by communication or making available, for the purpose of research or private study, to individual members of the public by dedicated terminals on the premises of establishments referred to in paragraph 2(c) of works and other subject-matter not subject to purchase or licensing terms which are contained in their collections; (t) use in certain other cases of minor importance where exceptions or limitations already exist under national law, provided that they only concern analogue uses and do not affect the free circulation of goods and services within the Community, without prejudice to the other exceptions and limitations contained in this paragraph;

2015/03/05
Committee: JURI

Motion for a resolution
Paragraph 13

13. Calls for ~~the adoption of an open norm introducing flexibility in the interpretation of exceptions and limita~~a flexible interpretation of exceptions and limitations to exclusive rights, allowing to apply exceptions and limitations to uses that are similar to the ones in the original legal provisions, thereby ensuring that exceptions and limitations can be adapted to new forms of usage emerging due to technological change; such flexibility would be subject to the three-step-test, which grants limitations and exceptions in certain special cases that do not conflict with the normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author or rightholder;

2015/03/05
Committee: JURI

Motion for a resolution
Paragraph 14

14. Urges the European legislator to ensure ~~the~~ technological neutrality and future- compatibility of exceptions and limitations by taking due account of the effects of media convergence; ~~considers, in particular, that the exception for quotation should expressly include audio- visual quotations in its scope~~therefore calls on the EU legislator to expressly include audio- visual quotations in the existing quotation exception in order to enable the use of quotations in new media formats; these quotations should be adequate in terms of length in relation to the type of source material;

2015/03/05
Committee: JURI

Motion for a resolution
Paragraph 15

15. Stresses that the ability to freely link from one resource to another is one of the fundamental building blocks of the iInternet; calls on the EU legislator to ~~make it~~ clearify that reference to works by means of a hyperlink is not subject to exclusive rights, as it does not consist in a communication to ~~a new~~the public12 ; __________________ 12 Order of the Court of Justice of 21 October 2014 in Case C-348/13, BestWater International GmbH v Michael Mebes and Stefan Potsch (request for a preliminary ruling from Germany’s Bundesgerichtshof).

2015/03/05
Committee: JURI

Motion for a resolution
Paragraph 16

16. Calls on the EU legislator to ensure that the use of photographs, video footage or other images of works which are permanently located in public places is permitted, as a mandatory exception;

2015/03/05
Committee: JURI

Motion for a resolution
Paragraph 17

17. ~~Emphasises that~~Highlights the importance of the exception for caricature, parody and pastiche ~~should apply regardles~~for the protection of authors' freedom of expression, which should therefore be made mandatory; notes with concern the implication of the Deckmyn ruling (C-201/13) that rightholders other than the author of a work can claim moral rights, and therefore calls ofn the ~~purpose of the parodic use~~legislator to clarify that moral rights are rights of the author of a work, that cannot be transferred to third-party rightholders;

2015/03/05
Committee: JURI

Motion for a resolution
Paragraph 18

18. Stresses the need to enable automated analytical techniques for text and data (e.g. ‘text and data mining’) for all purposes, provided that permission to read the work has been acquired, as a mandatory exception;

2015/03/05
Committee: JURI

Motion for a resolution
Paragraph 19

19. Calls for a ~~broad~~mandatory exception for research and education purposes, which should ~~cover~~ not only cover educational establishments, but a~~ny kind of~~lso amateur educational orand research activit~~y, including non-form~~ies conducted by non-governmental organisations outside education institutions as well as digital education, for example in the form of so-cal led~~ucation~~ massive open online courses (MOOC), provided that they are not aimed at making a profit;

2015/03/05
Committee: JURI

Motion for a resolution
Paragraph 20

20. Calls for the adoption of a mandatory exception allowing public and research libraries to lend books to the public in digital formats for personal use, irrespective of the place of access; recommends that authors should be compensated for e-lending through a statutory licence to the same extent as this is the case for the lending of physical books;

2015/03/05
Committee: JURI

Motion for a resolution
Paragraph 21

21. ~~Calls on the EU legislator to preclude Member States from introducing statutory licences for the compensation of rightholders for the harm caused by acts made permissible by an exception~~Deplores the introduction of statutory licenses in some member states aimed at news aggregators for acts already made permissible by an exception and calls on the EU legislator to preclude Member States from unilaterally introducing such schemes, which can cause significant damage to the digital economy;

2015/03/05
Committee: JURI

Felix REDA, Josef WEIDENHOLZER, Dietmar KÖSTER

Motion for a resolution
Paragraph 21 c (new)

21c. Deplores the lack of harmonisation between Member States as regards the interpretation of Article 5.2 b of Directive 2001/29/EC on exceptions for reproductions on any medium made by a natural person for private use, and as regards the remuneration schemes to compensate for the prejudice to rightholders put in place in some Member States to allow for the fair compensation of the rightholders in relation to these acts of copying, which affects the functioning of the internal market;

2015/03/05
Committee: JURI

Motion for a resolution
Paragraph 22 e (new)

22e. Proposes to strengthen authors' rights by making remuneration rights tied to exceptions and limitations non- transferable to other rightholders;

2015/03/05
Committee: JURI