[ParlTrack]

Dietmar KÖSTER, Lidia Joanna GERINGER DE OEDENBERG, Emilian PAVEL, Tiemo WÖLKEN, Birgit SIPPEL, Josef WEIDENHOLZER, Marju LAURISTIN

Proposal for a directive
Recital 38 – paragraph 1

Where information society service providers store and provide access to the public to 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 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).deleted

2017/06/12
Committee: LIBE

Dietmar KÖSTER, Lidia Joanna GERINGER DE OEDENBERG, Emilian PAVEL, Tiemo WÖLKEN, Birgit SIPPEL, Josef WEIDENHOLZER, Marju LAURISTIN

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 thereforNo general obligation should be imposed on information society service providers to monitor the works or subject matter which they transmit or store, nor should a general obligation be imposed upon them to actively seek facts or circumstances indicating activity that would infringe rights under copyrighted works. Hosting providers should not be held liable as long as they do not have actual knowledge of illegal activity or information and are not aware of the facts or circumstances from which the infringing activity or information is apparent, pursuent to Articles 12, 13, 14 and 15 of Directive 2000/31/EC.

2017/06/12
Committee: LIBE

Dietmar KÖSTER, Lidia Joanna GERINGER DE OEDENBERG, Emilian PAVEL, Tiemo WÖLKEN, Birgit SIPPEL, Josef WEIDENHOLZER, Marju LAURISTIN

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 to the public to large 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.deleted

2017/06/12
Committee: LIBE

Dietmar KÖSTER, Emilian PAVEL, Lidia Joanna GERINGER DE OEDENBERG, Tiemo WÖLKEN, Birgit SIPPEL, Josef WEIDENHOLZER, Marju LAURISTIN

Proposal for a directive
Recital 39

(39) Collaboration between information society service providers storing and providing access to the public to large 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.deleted

2017/06/12
Committee: LIBE

Dietmar KÖSTER, Lidia Joanna GERINGER DE OEDENBERG, Emilian PAVEL, Tiemo WÖLKEN, Birgit SIPPEL, Josef WEIDENHOLZER, Marju LAURISTIN

Proposal for a directive
Title IV – Chapter 2 – title

~~Certain uses of protected content by online services~~deleted

2017/06/12
Committee: LIBE

Dietmar KÖSTER, Lidia Joanna GERINGER DE OEDENBERG, Emilian PAVEL, Tiemo WÖLKEN, Birgit SIPPEL, Josef WEIDENHOLZER, Marju LAURISTIN

Proposal for a directive
Article 13

Use of protected content by information giving access to large amounts of works and other subject-matter uploaded by 1. 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. 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. 2. the service providers referred to in paragraph 1 put in place complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraph 1. 3. where appropriate, the cooperation between the information society service providers and rightholders through stakeholder dialogues to define best practices, such as appropriate and proportionate content recognition technologies, taking into account, among others, the nature of the services, the availability of the technologies and their effectiveness in light of technological developments.Article 13 deleted society service providers storing and their users Information society service Member States shall ensure that Member States shall facilitate,

2017/06/12
Committee: LIBE

Dietmar KÖSTER, Emilian PAVEL, Lidia Joanna GERINGER DE OEDENBERG, Tiemo WÖLKEN, Birgit SIPPEL, Josef WEIDENHOLZER, Marju LAURISTIN

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 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. 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.deleted

2017/06/12
Committee: LIBE

Dietmar KÖSTER, Lidia Joanna GERINGER DE OEDENBERG, Emilian PAVEL, Tiemo WÖLKEN, Birgit SIPPEL, Josef WEIDENHOLZER, Marju LAURISTIN

Proposal for a directive
Article 13 – paragraph 2

2. Member States shall ensure that the service providers referred to in paragraph 1 put in place complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraph 1.deleted

2017/06/12
Committee: LIBE

Dietmar KÖSTER, Lidia Joanna GERINGER DE OEDENBERG, Emilian PAVEL, Tiemo WÖLKEN, Birgit SIPPEL, Josef WEIDENHOLZER, Marju LAURISTIN

Proposal for a directive
Article 13 – paragraph 3

3. Member States shall facilitate, where appropriate, the cooperation between the information society service providers and rightholders through stakeholder dialogues to define best practices, such as appropriate and proportionate content recognition technologies, taking into account, among others, the nature of the services, the availability of the technologies and their effectiveness in light of technological developments.deleted

2017/06/12
Committee: LIBE

9 Amendments of Emilian PAVEL related to 2016/0280(COD)

ParlTrack - 2011-2024