12 Amendments of Peter POLLÁK related to 2021/2007(INI)
Amendment 6 #
Draft opinion
Paragraph 1
Paragraph 1
1. Recognises the paramount importance of ‘intangible assets’ and intellectual property (IP)-intensive industries in the economic recovery and resilience of the EU in the aftermath of the COVID-19 pandemic; underlines the need to protect these by law, allowing creators to benefit from their intellectual property rights (IPRs);
Amendment 10 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Notes that collective management of authors’ rights represents is an important source of income for majority of creators and artists in Europe, and is an indispensable element of adequate functioning of EU’s copyright/authors’ rights framework;
Amendment 14 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Emphasises that collective management of authors rights is a vital element for creators’ continuous remuneration based on their copyright/authors’ rights throughout their artistic career while providing broadest possible access to cultural and creative works for the public; whereas global streaming platforms systematically pressure European creators to give away their copyright/authors’ rights against one-off payments;
Amendment 15 #
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Notes that IPR protection is key in encouraging companies to invest in innovative products and processes, especially to produce new content and products, but is convinced that compulsory licensing of patents is important as a last-resort tool meant to allow life-saving interventions in the public interest; calls on the Commission, therefore, to analyse and explore possible options for ensuring effectiveness and better coordination of compulsory licensing in the EU, taking into account cases in which it has been used in the Union, the reasons for its use, the conditions under which it was granted, its economic consequences and whether it achieved the desired effect;
Amendment 31 #
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the Commission’s commitment to support the full and timely transposition of the two copyright framework directives; notes that the Commission is putting special emphasis on the implementation of Article 17 of the Copyright Directive2 should be carried out by Member States without delay, encourages Member States to proceed with the faithful implementation of Article 17 which best reflects the agreement achieved by the co-legislators, and strongly supports its plans for issuing implementation guidelines for Member States; urges Member States to quickly and completely transpose the directives into their national legislation by reflecting the agreement achieved at EU level; _________________ 2Directive (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/EC, OJ L 130, 17.5.2019, p. 92.
Amendment 35 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Underlines the importance of recently adopted Directives (EU) 2019/790 and (EU) 2019/789, for a sound copyright/authors´ rights regime in the EU, invites the Member States to swiftly and faithfully transpose the requirements of those directives into national laws, and urges the Commission to remain a true guarantor of the EU law during the implementation process without deviating from the word and spirit of these crucial legislation for European creators and creative industries.
Amendment 38 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Emphasises that territorial and exclusive licensing of rights are essential for the audiovisual sector in order to guarantee its creativity,financing and sustainability, but also to ensure that European consumers have access to culturally diverse content and a pluralistic media, recalls the European Commission’s own research, which shows that 83% of users never even tried to access content not intended for them, only 9% of consumers tried to access audiovisual content and only about only half of those were blocked (ie. only 4.5% of users affected), the main reason for not trying to cross-border access were lack of interest or the belief that the choice of content is sufficient in their own country;
Amendment 39 #
Draft opinion
Paragraph 5
Paragraph 5
5. Highlights the ongoing problems faced by creators, artists, producers and cultural sector workers with regard to copyright and related rights; notes with great concern that they, especially in light of rampant online piracy; notes with great concern a 2019 study by the EU IPO 1a shows losses caused by piracy of illegal streaming of content might lead to lost jobs in the creative industries and significant loss of public revenues, notes that some creators, artists, producers and cultural sector workers continue to be pressured into unfavourable contracts, sometimes giving up the rights to their intellectual property without receiving just remuneration for their creative work; stresses that Member States must ensure that sufficient protection is put in place to prevent loss of IPRs by authors, creators, producers and cultural sector workers across the EU.; urges the European Commission to acknowledge the need of regulatory intervention to ensure that rightholders are able to protect their property rights online and enforce them effectively, including by measures having cross border effect, in line with Article 17 CFR and ensuring that “what is illegal offline, is illegal online” becomes a reality; _________________ 1ahttps://euipo.europa.eu/tunnel- web/secure/webdav/guest/document_libra ry/observatory/docs/2019_Status_Report_ on_IPR_infringement/2019_Status_Repor t_on_IPR_infringement_en.pdf
Amendment 49 #
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Notes with great concern that so- called buy-out and work for hire contracts are imposed on European creators through application of non-EU laws to such contracts, despite the provisions of national and EU laws discouraging them; Asks the European Commission to throughoutly investigate such practices of global streaming platforms and their impact on the remuneration of creators based on copyright/authors’ rights;
Amendment 51 #
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Invites the European Commission to look into the impact of non-EU based VOD platforms on the European creation, in particular on their relationships with the European creators of musical and audio-visual works; notes with concern that creators are totally deprived of their copyright/authors’ rights when they are imposed to accept buy-out contracts;
Amendment 54 #
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
Amendment 57 #
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Recognises in light with the Council conclusions "Recovery and transformation of Europe’s media and with the Council conclusions on safeguarding a free and pluralistic media system" that territorial exclusivity is crucial for a significant part of the creative sector in order to guarantee its creativity, financing and sustainability as well as development of existing and new business models, and emphasised that legal and business certainty and regulatory consistency are absolutely essential to safeguard the rich cultural diversity of the Union and to ensure that content creators which rely on territorial exclusivity are able to thrive and continue reinvesting in quality content;