Activities of Patrick BREYER related to 2020/2073(INL)
Shadow reports (1)
REPORT with recommendations to the Commission on challenges of sports events organisers in the digital environment
Amendments (46)
Amendment 1 #
Motion for a resolution
Citation 1a (new)
Citation 1a (new)
- having regard to the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations of 1961,
Amendment 3 #
Motion for a resolution
Citation 1 b (new)
Citation 1 b (new)
- having regard to the Charter of Fundamental Rights of the European Union, especially its Article 7, Article 8 and Article 11,
Amendment 5 #
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
- having regard to Directive (EU) 2019/789 of the European Parliament and of the Council of 17 April 2019 laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes, and amending Council Directive 93/83/EEC,
Amendment 7 #
Motion for a resolution
Citation 2 b (new)
Citation 2 b (new)
- having regard to Regulation (EU) 2017/1128 of the European Parliament and of the Council of 14 June 2017 on cross-border portability of online content services in the internal market,
Amendment 8 #
Motion for a resolution
Citation 2 c (new)
Citation 2 c (new)
- having regard to Regulation (EU) 2018/302 of the European Parliament and of the Council of 28 February 2018 on addressing unjustified geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market and amending Regulations (EC) No 2006/2004 and (EU) 2017/2394 and Directive 2009/22/EC (‘Geo-blocking Regulation’),
Amendment 9 #
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
- having regard to the Report from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 30 November 2020 on the first short-term review of the Geo-Blocking Regulation,
Amendment 10 #
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
- having regard to the European Parliament resolution of 20 October 2020 with recommendations to the Commission on the Digital Services Act: adapting commercial and civil law rules for commercial entities operating online (2020/2019(INL)),
Amendment 11 #
Motion for a resolution
Citation 13 b (new)
Citation 13 b (new)
- having regard to the European Parliament resolution of 20 October 2020 with recommendations to the Commission on the Digital Services Act: Improving the functioning of the Single Market (2020/2018(INL)),
Amendment 12 #
Motion for a resolution
Citation 13 c (new)
Citation 13 c (new)
- having regard to the European Parliament resolution of 20 October 2020 on the Digital Services Act and fundamental rights issues posed (2020/2022(INI)),
Amendment 13 #
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A . whereas culture and sport are making increasingly significant contributions to our contemporary economy and to social development in the developing knowledge economy;
Amendment 14 #
Motion for a resolution
Recital -A a (new)
Recital -A a (new)
-Aa. whereas the current Covid 19 and post-Covid 19 socio-economic context calls for any legislative initiative to take due account of consumers welfare and of citizens’ rights to access to information and to culture;
Amendment 19 #
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas extending the Geo- blocking Regulation could trigger growth in pan-EU exclusive licensing and thus reduce unjustified geo-blocking to sports event content online;
Amendment 22 #
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas illegal uses can be avoided and reduced when content providers enable their services with more features allowing for interoperability and portability between platforms and devices;
Amendment 24 #
Motion for a resolution
Recital B
Recital B
Amendment 34 #
Motion for a resolution
Recital C
Recital C
C. whereas, unlike other sectors, most of the value of a live sport event broadcast lies in the fact that it is live and most of that value is lost when the event ends; whereas, consequently and only in this context, a swift reaction is needed to put an end to the illegal transmissio; whereas, consequently and only in this context, the Commission should provide for a thorough impact assessment demonstrating the extent to which that sector is affected and consider ways to address it in conline of sport events; sideration of other regulating priorities;
Amendment 37 #
Motion for a resolution
Recital D
Recital D
D. whereas actionsuch assessment should focus on the root cause of illegal content streams, namely illegal website enablers and not on individuals who unwillingly and unknowingly are involved in illegal streaming users;
Amendment 39 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the creation of any additional category of exclusive rights should be considered with the utmost caution, and following thorough evidence-based impact assessment , in order to enhance citizen trust in digital services and ensure legal certainty;
Amendment 41 #
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the limitations and exceptions enshrined in Directive 2001/29/EC and Directive (EU) 2019/790 allow for the use of copyright protected content under certain conditions, and should continue to apply regardless of sector specific categories of content, unless already provided for in the aforementioned instruments;
Amendment 46 #
Motion for a resolution
Recital E
Recital E
E. whereas the professional illegal transmission of a whole sport event should be distinguished from short sequences shared among fans and pertaining to fan culture and from content shared by journalists for the purpose of informing the general publiccontent being legally shared and distributed, notably under the limitations and exceptions provided by copyright law, or for the purpose of informing the general public as allowed by the right to freedom of expression and information, and as set out in the Audiovisual Media Services Directive;
Amendment 55 #
Motion for a resolution
Recital F
Recital F
F. whereas sport events as such are not the subject matter of copyright protection under Union law, but the audiovisual recording and transmission of it is; whereas there is no harmonised protection in Union law for sport events’ organisers as such; whereas, however, specific protection for sport events’ organisers is provided in the legislation of some Member States;
Amendment 56 #
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations already provides for the international protection of broadcasters, including of sport events;
Amendment 57 #
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas the World Intellectual Property Organisation (WIPO) has so far failed in finding an agreement on an international Treaty for the Protection of Broadcasting Organisations, since a first mandate was adopted by the WIPO General Assembly in 2007;
Amendment 58 #
Motion for a resolution
Recital G
Recital G
G. whereas Union law should provides for a balanced general framework for notice and action mechanisms enabling the removal or disabling of access to illegal information stored by intermediaries; whereas Union law provides for civil enforcement measures that judicial or administrative authorities can take to prevent or to blockunder certain conditions, to address intellectual property rights infringements;
Amendment 59 #
Motion for a resolution
Recital H
Recital H
H. whereas, however, the current legal framework does not allow for the immediate action needed to remedy the illegal broadcast of live sport events; whereas, moreover, Member States have adopted rules on notice and action mechanisms that are not harmonised;
Amendment 62 #
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas upholding the law in the digital world does not only involves effective enforcement of fundamental rights, in particular freedom of expression and information, freedom and pluralism of the media, privacy, safety and security, non-discrimination, respect for property and intellectual property rights, but also access to justice and due process;
Amendment 64 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests that the Commission submitevaluates without undue delay a proposal for legislative acts, following the recommendations set out in the Annex heretothe need for further action, taking into account an informed impact assessment on the extent that the sector is affected by illegal activity and the possible solutions to address the issue, on the basis of the work already undertaken by WIPO;
Amendment 67 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Highlights that such assessment should duly take into account the socio- economic dimension of the unauthorized use of signals, including the impact of the lack of access on the one hand and the need for an effective protection for broadcasters, on the other hand;
Amendment 72 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Considers that sports events' organisers already receive a sufficient level of protection against unauthorized economic exploitation of their sports events;
Amendment 74 #
Motion for a resolution
Subheading 3
Subheading 3
Online piracyillegal distribution of live sport events broadcasts
Amendment 77 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that tackling online piracyillegal distribution of sport events that are broadcast “live” and which economic value lies in the “live” broadcast is the mainis a challenge that sport events’ organisers face;
Amendment 78 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines that one of the most efficient practices to tackle illegal distribution of sport events' broadcasts is the increase of affordable legal sources to watch content online;
Amendment 83 #
Motion for a resolution
Subheading 4
Subheading 4
Amendment 84 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that, given the specific nature of live sport events broadcast, and the fact that their value is mainly limited to the duration of the sport event in question, enforcement procedures need to be as swift as possible and to allow for immediate removal of assessment is necessary on which enforcement procedures need to be considered in order to allow for the efficient response to illegal content;
Amendment 87 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers, however, that the current legal framework for injunction and for notice and take down mechanisms does not allow for an effective and timely enforcement of rights to remedy the illegal broadcast of live sport events; considers, therefore, that concrete measures, specific for live sport event broadcasts, should be adopted to adapt the current legal framework to fit these specific challenges and to allow for the prompt removal of illegal sport events broadcasts online; is of the view that real- time take down should be the objective to pursueIs of the view that the principle of no general monitoring enshrined in the E-commerce Directive shall remain intact;
Amendment 91 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
Amendment 94 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines, also, that the general framework provided for by Union law is not applied in a similarharmonised way in national legislation and that civil procedure and notice and take down mechanismsmechanisms for the removal of content differ from one Member State to another; is of the view that there is a lack of efficiency of enforcement tools in the cross-border context; calls for further harmonisation of the procedures and remedies in the Union in this specific context;
Amendment 99 #
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Highlights that solely the competent authorities of the host Member State shall decide upon the removal of, or disabling access to, manifestly illegal content;
Amendment 102 #
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that the Directive on electronic commerce provides that certain online service providers are to act expeditiously to remove or disable access to illegal information they store, upon obtaining actual knowledge or awareness thereof, through notices submitted to them; considers, however, that the current notice and take down procedure does not allow for swift enforcement in a way that provides effective remedies, considering the specific characteristic of “live” sport events;
Amendment 107 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission to proposeassess the need for concrete measures specifically adapted to live sport events allowing for immediathe removal of, or the disabling of access to, illegal content, including a real-time take down procedurewhile avoiding to create ad-hoc measures to the ones to be revised in the future Digital Services Act;
Amendment 110 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that injunction procedures are relatively long and do not cope with the specific issue of illegal broadcasting of sport events; stressices the existence of practices developed at national level, such as live injunctions and dynamic injunctions, that have proved to be solutions to tackle piracyillegal distributions of sport events' broadcasts more efficiently; calls for the introduction in Union law ofassessment of the current injunction procedures aimed at tallowing real-time blockling of access to or removal of illegal online live sport content based on the model of “live” blocking orders and “dynamic injunctions”illegal online live sport events' broadcasts;
Amendment 116 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Emphasises the need for safeguards to ensure that the legal framework strikes the right balance between the need for efficiency of enforcement measures and the need to protect third party rightfundamental rights and freedoms, but also to guarantee legal certainty for the beneficiaries of legal uses;
Amendment 119 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Underlines that the obligations for hosting providers of online content should be manageable for small businesses, SMEs and start-ups and should therefore include proportionate obligations;
Amendment 123 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that Union law does not provide for a neighbouring right to copyright for sport event’s organisers but that some Members States have introduced specific rights for sport events’ organisers in their legislation, including a new “neighbouring right” to copyright, thus contributing to market fragmentation;
Amendment 128 #
Motion for a resolution
Subheading 11
Subheading 11
Amendment 129 #
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 130 #
Motion for a resolution
Annex I
Annex I