31 Amendments of Andrzej HALICKI related to 2020/2073(INL)
Amendment 4 #
Motion for a resolution
Citation 2
Citation 2
— having regard to Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC1 and to the Annex to Parliament’s legislative resolution namely the Commissions’ statement on sport event organisers, __________________ 1 OJ L 130, 17.5.2019, p. 92.
Amendment 6 #
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
- having regard to Directive 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 17 #
Motion for a resolution
Recital A
Recital A
A. whereas the development of the digital environment has made it easier for all fans to access sport events on all kinds of devices and has boosted the development of new online business models; whereas, at the same time, it has facilitated illegal online transmission of sport broadcasts and online piracy within and outside the Union;
Amendment 26 #
Motion for a resolution
Recital B
Recital B
B. whereas the illegal transmission of sport events and the spreading of illegal content online not only causes significant economic harm to the sector, which results in losses in subscription and advertising revenue, but is also part of the growing activities of criminal organisations, that are also harmful for consumers;
Amendment 32 #
Motion for a resolution
Recital C
Recital C
C. whereas, sports events, as such, have a unique and, to that extent, original character which can transform them into subject-matter that is worthy of protection comparable to that of copyright works, and that protection should be granted, since, unlike other sectors, most of the value of a 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 transmission online of sport events;
Amendment 43 #
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 public as set out in the Audiovisual Media Services Directive;
Amendment 61 #
Motion for a resolution
Recital H
Recital H
H. whereas, however, the current legal framework does not allow for the necessary immediate action needed to remedy the illegal broadcast of live sport events; whereas, moreover, Member States have adopted rules on notice and action mechanisms thatexisting in some Member States are not harmonised;
Amendment 66 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests thatCalls on the Commission to submit without undue delay a proposal for legislative acts, following the recommendations set out in the Annex hereto;
Amendment 70 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Acknowledges that intellectual property rights are important for sport events’ organisers, as their exploitation represents a relevant source of income, in particular in relation to the licensing of broadcasting rights for the sport events they organise;
Amendment 73 #
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasises that infringements of media rights in sport threaten its long- term funding;
Amendment 79 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that sports event's organisers invest significant financial, technical and human resources to address online piracy and engage with service providers;
Amendment 82 #
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Underlines that end users could be put in the position to endure the consequence of accessing illegal streaming of sport content by exposing themselves to other forms of harm such as identity theft, malware or other online related intrusions;
Amendment 86 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that, given the specific nature of live sport events broadcasts and the fact that their value is mainly limited to the duration of the sport event in question, enforcement procedures need to be as swiftoon as possible and to allow for immediate removal of illegal content;
Amendment 89 #
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 as soon as possible 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 pursue;
Amendment 95 #
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 similar way in national legislation and that civil procedure and notice and take down mechanisms differ from one Member State to another; is of the view that there is an obvious 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 as soon as possible;
Amendment 109 #
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Stresses that sport content is often technically processed which means that there is no doubt about who has the right to broadcast that sports content online; stresses that the sport event organisers as right holders know all their official licensees which allows for unambiguous detecting of illegal streaming services;
Amendment 117 #
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 relevant third party rights;
Amendment 124 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the creation in Union law of a new right for sport events’ organisers will not provide a solution to the challenge they face of a lack of effective and timely enforcement of their existing rights; considers therefore that the proposal should not seek to establish such a new right;
Amendment 125 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls for cooperation between Member States authorities and between rightholders and intermediaries to be enhanced; further calls on the Commission, within its remit, to support Member States in their endeavours to improve existing infrastructure and measures;
Amendment 132 #
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 1
Annex I – part 1 – paragraph 1 – indent 1
- to improve and make the current legal framework on enforcement of intellectual property rights regarding live sport events more effective, considering the specific nature of live sport events and in particular its short-time value;
Amendment 136 #
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 2 a (new)
Annex I – part 1 – paragraph 1 – indent 2 a (new)
- to emphasise that intermediaries should put in place effective Know Your Business Customer obligations to prevent their services from being abused to facilitate the illegal streaming of sport events; to that end, calls on the Commission to propose such obligations within the upcoming Digital Services Act;
Amendment 138 #
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 3
Annex I – part 1 – paragraph 1 – indent 3
- to further harmonise, without prejudice to the general Union framework to be defined in a Digital Services Act, procedures and remedies in the Union to boostclearly improve and strengthen the efficiency of enforcement tools, including in the cross-border context;
Amendment 143 #
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 4
Annex I – part 1 – paragraph 1 – indent 4
- to improve enforcement tools to allow for real-time take down ofand provide as soon as possible real-time take down to remove or disable access to illegal live sport contentbroadcast available on their services, considering their need for effective notice and take down mechanisms which imply immediate measures to be taken;
Amendment 149 #
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 6
Annex I – part 1 – paragraph 1 – indent 6
- to ensure that the measures take into account the scope, magnitude and recurrence of the infringement and to target professional illegal transmissions, excluding the recording and posting of illegal amateur footage of sport events;
Amendment 151 #
Motion for a resolution
Annex I – part 1 – paragraph 1 – indent 7
Annex I – part 1 – paragraph 1 – indent 7
- to ensure that the measures to be proposed are proportionate and keep the right balance between the need for the enforcement measures to be efficient and the need to protect relevant third party rights;
Amendment 156 #
Motion for a resolution
Annex I – part 2 – paragraph 1 – indent 1
Annex I – part 2 – paragraph 1 – indent 1
- clarify the concept behind the phrase “acts expeditiously” set out in Article 14 of the Directive on electronic commerce in relation to an online intermediary, such that “expeditiously” is considered to mean “immediately"that providers of information society services are obliged to immediately take down the infringing content from the notification of the infringement by rightholders and no later than 30 minutes after the start of the sport event”.
Amendment 164 #
Motion for a resolution
Annex I – part 2 – paragraph 1 – indent 3
Annex I – part 2 – paragraph 1 – indent 3
- ensure that the measures to be taken by intermediaries are effective, justified, proportionate, adequate, taking into account the seriousness and the scale of the infringement; make sure, for example, that the blocking of access to, or removal of, illegal content does not require the blocking of an entire platform containing services that are legal, which would be disproportionate, unless the proportion of illegal services on a specific server demonstrates that the availability of legal services is only incidental;
Amendment 166 #
Motion for a resolution
Annex I – part 2 – paragraph 1 – indent 4
Annex I – part 2 – paragraph 1 – indent 4
- provide forand actively support for enforcement solutions, such as private agreements among stakeholders; in this respect, the Commission should report on and assess the appropriateness and impact of creating an obligation on streaming providers to perform real-time take downs to remove or disable access to illegal sport broadcast available on their services;
Amendment 168 #
Motion for a resolution
Annex I – part 2 – paragraph 2 – indent 2
Annex I – part 2 – paragraph 2 – indent 2
- allow the use of blocking injunctions that run during the entire live broadcast of a sport event, but are limited to the duration of the live broadcast, thus blocking the infringing website only for the duration of the event; such injunctions should be temporary unless repeated violations occur;
Amendment 170 #
Motion for a resolution
Annex I – part 2 – paragraph 2 – indent 4
Annex I – part 2 – paragraph 2 – indent 4
- specify that the removal of the illegal content should take place immediately after reception of the notice from right holders and no later than 30 minutes after the event started, provided that there is no doubt about who owns the content and whether any direct or indirect consent was given by the rightholders to make the content available to the public; strong indication should be put on the rightholders to prevent any removal of legal content; to that end, blocking access to or removing illegal content should in principle not require blocking the access to a server that hosts legal services and content;
Amendment 174 #
Motion for a resolution
Annex I – part 2 – paragraph 2 – indent 5
Annex I – part 2 – paragraph 2 – indent 5
- enhance cooperation between Member States’ authorities, including by way of exchange of data and best practices and by creating an active and up-to-date network of national authorities; the Commission should assess the added-value of appointing an independent administrative authority in each Member State that would have a role to play in the enforcement system, especially in the case of swift enforcement, such as for online piracy of live sport content;