18 Amendments of Hugues BAYET related to 2016/0280(COD)
Amendment 75 #
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-evoluting and mutating digital environment, the Commission has to diligently investigate all possible measures to prevent every kind of illegal use of copyright protected visual and audiovisual contents, aiming at commercial purposes, through abusing 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 and fair 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 and of the accounting deriving from the exploitation of protected works according to those contracts. _________________ 26 COM(2015) 626 final.
Amendment 76 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3 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, 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 users, authors, artists, producers and other rights holders generating an unsustainable "value gap". This transfer of value is creating an inefficient and unfair market, and threatens the long- term health of the EU's cultural and creative sectors and the success of the Digital Single Market, as far as there will be no successful European digital market without contents. This is why, amongst other, 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 174 #
Proposal for a directive
Recital 31
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 have invested heavily in digitalizing their content and yet are facing problems in licensing the online use of their publications and recouping their investments. Digital platforms such as new aggregators and search engines have developed their activities based on the investment by press publishers in the creation of content without contributing to its development. This poses a severe threat to the employment and fair remuneration of journalists and the future of media pluralism. In the absence of recognition of publishers of press publications as rightholders, licensing and enforcement in the digital environment is often complex and inefficient.
Amendment 183 #
Proposal for a directive
Recital 32
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 in digital uses.
Amendment 201 #
Proposal for a directive
Recital 34
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. Theyand as the rental and lending right and the distribution right provided for in Directive 2006/115/EC. As there is no part of a press publication that does not have an economic value, also the use of short extracts of automatically generated content by news aggregators or search engines may constitute a reproduction and making available as interferes with the publisher's investment in the content. The rights 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.
Amendment 209 #
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 221 #
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37 a) User uploaded content services attract users and derive economic value from providing access to protected works and other subject matter, often including its optimization of presentation, organisation and promotion. In doing so, they directly compete with licensed content providers for the same users and revenues. However, unlike licensed services, such user uploaded content services either do not pay or underpay the creators for the works on which they rely by wrongfully claiming safe harbour provisions of the Directive 2000/31/EC.
Amendment 225 #
Proposal for a directive
Recital 37 b (new)
Recital 37 b (new)
(37 b) This transfer of value 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 risks 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 235 #
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Amendment 253 #
Proposal for a directive
Recital 38 – paragraph 2
Recital 38 – paragraph 2
In respect of Article 14the application of Article 14 of the Directive 2000/31/EC, it is necessary to verify whether the role played by the service provider playsis of an active role, that including by optimisinges, inter alia, optimization for the purpose of the presentation by the service of the uploaded works or subject- matter or promoting them, irrespective of the nature of the means used therefor. The service providers that play such an active role are ineligible for the liability exemption of such Article 14.
Amendment 280 #
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
(39 a) Use of technical measures are essential for the functioning of online licensing and rights management purposes. Such technical measures used in modern technology therefore do not require the identity of uploaders and hence do not pose any risk for privacy of individual end users. Furthermore, those technical measures involve a highly targeted technical cooperation of rightholders and information society service providers based on the data provided by rightholders, and therefore do not lead to general obligation to monitor and find facts about the content. The provision of Article 13 therefore is fully compatible with Article 15 of Directive 2000/31/EC and the European Charter of Fundamental Rights.
Amendment 294 #
Proposal for a directive
Recital 41 a (new)
Recital 41 a (new)
(41 a) Authors and performers should be able to enterinto fair and balanced remuneration contracts, regardless of their sector.
Amendment 431 #
Proposal for a directive
Article 11 – paragraph 1
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 and Article 3 and 9 of Directive 2006/115/EC for the digital use of their press publications.
Amendment 442 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The rights referred to in paragraph 1 shall expire 270 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.
Amendment 477 #
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 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 and compliant with the relevant industry standards. The service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures, as well as, when relevant, adequate and timely reporting on the recognition and use of the works and other subject-matter.
Amendment 489 #
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 placrovide their users with appropriate complaints and redress mechanisms that are available to userrough which users can seek answers, necessary guidelines or solutions in case of disputes over the application of the measures referred to in paragraph 1, especially where the content uploaded by users is unjustifiably prevented by the service provider. This redress mechanism shall either be undertaken by such service provider or by a trusted third party approved by rightholders, service provider and users together or by Member States.
Amendment 508 #
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Amendment 514 #
Proposal for a directive
Article 13 b (new)
Article 13 b (new)
Article 13b 1. Member States shall ensure that when an audiovisual author has transferred or assigned his making available right to a producer, that author shall retain the right to obtain an equitable remuneration. 2. This right to obtain an equitable remuneration for the making available of the author's work is inalienable and cannot be waived. 3. The administration of this right to obtain an equitable remuneration for the making available of the author's work shall be entrusted to collective management organisations representing audiovisual authors, unless other collective agreements, including voluntary collective management agreements, guarantee such remuneration to audiovisual authors for their making available right. 4. Authors' collective management organisations shall collect the equitable remuneration from audiovisual media services making audiovisual works available to the public.