8 Amendments of Miltiadis KYRKOS 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 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 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.