Activities of Jean-Marie CAVADA related to 2015/2147(INI)
Legal basis opinions (0)
Amendments (61)
Amendment 8 #
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that whilst it is impossible to hold back the digital revolution, it is possible to shape its course; digital technologies bring tremendous opportunities for productivity gains, growth and job-creating leading to quality employment; acknowledges the importance of the digital revolution as fuel for enterpreneurship, digital transformation of industry, the development of new business models, ideas and innovative start-ups; stresses that according to the European Commission, The Digital Single Market has the potential to generate Euro 250 billion in additional growth in Europe thereby creating hundreds of thousands of new jobs; stresses that productivity gains historically have resulted in overall employment growth and increased wealth and that the ultimate beneficiary of digital transformation of industry will be the consumer;
Amendment 13 #
Draft opinion
Paragraph 1
Paragraph 1
1. Urges the Commission to overhaul Directive 2010/13/EU1 without delay, doing away with the distinction between linear and non-linear services, encouraging the use of editorially screened content to which the country-of- origin principle applies and fleshing out the general social objectives of audiovisual regulationConsiders that the review of the Directive 2010/13/EU1should be based on an assessment of the changes in technology, business models but also changing viewing patterns to ensure the regulatory framework meets cultural policy objectives and incentivises investments in cultural content and in platforms disseminating that content; __________________ 1 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).
Amendment 16 #
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that stimulating growth, innovation, consumer choice and competitiveness is of the utmost importance and believes that the digital single market is key to achieving this objective by removing barriers to trade, streamlining processes for online businesses and supporting creators, investors and consumers; calls in this regard for competitiveness tests on all new proposalall new proposals to be subject to competitiveness tests and to detailed impact assessments examining their effects on growth, SMEs and employment as well as their potential costs and benefits;
Amendment 23 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Asks the Commission to assess the appropriateness of the Country-of-origin principle in the digital era;
Amendment 24 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recognises that the Digital Single Market can only become a reality when there is access to high performance broadband infrastructure throughout the regions of the EU in both urban and rural areas;
Amendment 24 #
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the communication of the Commission" Towards a Connected Digital Single Market Act" and the included commitment to modernise the copyright framework to adapt them to the digital age while at the same time ensuring the right balance between a fair remuneration of the author, the public interest of dissemination of knowledge and preserving cultural diversity;
Amendment 28 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Notes that only 1.7% of EU enterprises make full use of advanced digital technologies while 41% do not use them at all; stresses that if the EU is to maintain and improve its competitiveness digitalisation of all sectors is crucial;
Amendment 28 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses the potential of the Digital Single Market to stimulate social and generational inclusion which requires a regulatory framework that makes private investment in creative infrastructure commercially attractive as this will ultimately be beneficial to creators and end-users;
Amendment 31 #
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Encourages Europe's audiovisual industry to keep on developing attractive and complementary on-line services, so as to enrich the range of European audiovisual content on offer;
Amendment 33 #
Draft opinion
Paragraph -2 a (new)
Paragraph -2 a (new)
-2a. Calls on distributors to publish all available information concerning the technological measures necessary to ensure interoperability of their content;
Amendment 35 #
Draft opinion
Paragraph -2 b (new)
Paragraph -2 b (new)
-2b. Insists on the need to pursue the Commission’s Work Programme with a view to the adoption of a series of digital- market-related measures to modernise copyright rules, adapting them to the digital era;
Amendment 36 #
Draft opinion
Paragraph -2 c (new)
Paragraph -2 c (new)
-2c. Underscores the crucial role played by the legal framework for copyright in sustaining the creative process and enabling authors to earn a living as professionals in the cultural and creative industries; with reference in this regard to the recent studies by, respectively, the European Parliament on Contractual Arrangements applicable to Creators and the Commission on remuneration of authors, calls on the Commission to ensure that the core element of any reform of copyright law is the equitable remuneration of authors for the use of their work on line;
Amendment 37 #
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Emphasises that, in this environment in which many services are on offer, it is important that the best possible referencing is provided for European services, which are essential to promoting European cultural diversity;
Amendment 53 #
Draft opinion
Paragraph 2
Paragraph 2
2. Believes that platforms and intermediaries should be regulated in such a way as to rule out discrimination to a large extent and guarantee ththe European Commission should develop an innovation-friendly policy that fosters competition and innovation for online platforms and intermediaries to ensure findability of editorially screenedcreased creation and dissemination of cultural content;
Amendment 53 #
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for targeted, evidence-based reforms to enhance cross-border access to legally available online content but stresses the importance of not mandating pan- European licences; calls instead for reforms to enable the enhanced portability of legally acquired content to be prioritised, and for the introduction of commercial models for flexible licensing, benefiting consumers without undermining either the principle of territoriality for exclusive rights or that of freedom of contract, both of which play a fundamental role in the financing of audiovisual works;
Amendment 54 #
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to undertake a thorough assessment of the impact which digitalisation will have on the number and types of jobs available and to gather informin cooperation with Member States and consultation with regional and local authorities and the social partners to identify new forms of employment and required skills in the digitally-driven economy and to develop recommendations on new forms of employment, such as crowdsourcing and crowdworkinghow to better match skills and jobs in the digital economy; stresses in this regard the importance of vocational training as a tool proven to increase the match between skills with jobs;
Amendment 65 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses the importance of the contribution made by cultural content to the development of the European digital economy; observes that a large part of the revenue generated by Internet intermediaries is directly or indirectly linked to the use of this cultural content;
Amendment 68 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that 35% of the EU population is at risk of exclusion from the Digital Single market in particular those over 50 and people with disabilities and in this context stresses that accessible technologies can help deliver digital inclusion and improve access to the labour market;
Amendment 69 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Is convinced that accessibility is best achieved and most cost effective when incorporated from the outset using a universal design approach and that it also represents a potential business opportunity;
Amendment 70 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasises that any reform of the copyright framework should take as a basis a high level of protection, since rights are crucial to intellectual creation and provide a stable, clear and flexible legal base that fosters investment and growth in the creative and cultural sector, whilst removing legal uncertainties and inconsistencies that adversely affect the functioning of the internal market;
Amendment 73 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Commission to ensure that any initiative to modernise copyright is preceded by a wide-ranging study of its likely impact on the production, financing and distribution of audiovisual works, and also on cultural diversity;
Amendment 74 #
Draft opinion
Paragraph 4
Paragraph 4
4. Points out that as job and skills profiles become more complex, new demands are being placed on training, vocational training and further education; emphasises the importance of social dialogue in efforts to bring course content up to date andensure a better match between skills and jobs; is concerned that according to the Commission 47 % of the EU- workforce lack sufficient digital skills and that this skills-shortage might cause up to 900.000 unfilled vacancies until 2020; calls on the Commission, as a matter of urgency, to develop a skills strategies-strategy which can meet this skills-shortage through education for the younger part of the population, vocational training, exchange of best practices and through training in partnership with the social partners for the older part of the population;
Amendment 75 #
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Asks the Commission to ensure in this respect fair remuneration for creators and rightholders and to guarantee that persistence and perseverance is exercised throughout the creative supply chain;
Amendment 83 #
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that further efforts are needed to overhaulreview copyright law and that any revised provisions should apply to allonly where it is strictly necessary, while taking into account the convergence of media;
Amendment 84 #
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that further efforts are needed to overhaul copyright law and that any revised provisions should apply to all mediawhile taking into account the differences between the digital and the analogical environment;
Amendment 85 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses the importance of improving clarity and transparency of the copyright regime, in particular with regard to copyright levies;
Amendment 86 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines that the revision of copyright exceptions should only be based on proven needs and without prejudice to the European cultural diversity, to its financing and to the fair remuneration of authors;
Amendment 90 #
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Member States, in the context of overall VAT reform, to consider the possibility of making e-books subject to the same rate of VAT as cultural goods;
Amendment 97 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls that the financing of audiovisual content relies for a significant part on the principle of territoriality of rights, which allowed a strong cultural diversity within the European production.
Amendment 106 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Underlines that "premium access" through the presale of rights is one of the core conditions for financing audiovisual content, as it allows a return on investment and new resources to finance future audiovisual content;
Amendment 106 #
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that internet service providers should bear greater responsibility for illegal content made available on the internet and should, along with other actors in the supply chain such as payment providers, play a significant role in tackling copyright abuses; Encourages the actors of the supply chain to exchange information and good practices, and to take coordinated and proportionate actions to fight commercial scale infringement on the basis of sector agreements;
Amendment 107 #
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that internet service providers should the Commission, together with membear greater responsibility for illegal content made available states, should promote due diligence along the internet and should, along with other actors in the supply chain such as payment providers, play a signifsupply chain, including internet service providers, domain registrars and payment providers, as well exchange of best practices, guidelines and better public ant role in tackling copyright abusesd private sector cooperation to combat illegal content, tackling copyright abuses, and reduce divergences of enforcement across Europe;
Amendment 110 #
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Underlines that audiovisual content may have different market value from a Member State to another, depending on the characteristics of the national market, and requires targeted and specific promotion campaign to get the content to its public;
Amendment 112 #
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Calls the Member States to extend the scope of the quotation exception, without prejudice to the authors' moral rights, to short audiovisual quotations for non- advertisement and non-political uses, provided that the work used is clearly credited, that the quotation does not conflict with a normal exploitation of the work and does not prejudice the legitimate interests of the authors;
Amendment 114 #
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the establishment of the Europe-wide grand coalition for digital jobs, and encourages businesses to jointhe social partners' active participation with the aim of realizing the potential of the digital economy to create growth and new jobs leading to quality employment; encourages the Europe-wide grand coalition for digital jobs to develop recommendations for new forms of learning, i.e. online learning, employer- designed short-courses etc., to keep pace with the evolving digital technology and changes; encourages additionally educational institutions to respond to the opportunities in the digital economy by developing flexible learning profiles including enhanced opportunities for vocational training which match the demands of the labour market;
Amendment 114 #
Draft opinion
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Calls for further dialogue between the rightholders, the online platforms and the creators relying on these platforms in order to achieve a mutually beneficial cooperation, where copyrights are protected while allowing and encouraging innovative ways of creating;
Amendment 118 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Emphasis that the agreements between the actors of the supply chain as well as the process to fight commercial scale infringements should be transparent for the authorities, the online services and the consumers;
Amendment 121 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls for the status of and arrangements governing the responsibility of intermediaries and online platforms to be clarified as part of the future reform of copyright law in order to restore the balance of interests involved, which is not safeguarded at present; takes the view that these online intermediaries generate income from cultural works and content, but this income is not shared with the creators; considers it vital, therefore, not to hamper the development of the digital single market, while at the same time guaranteeing fair remuneration for creators;
Amendment 123 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that creative works, which represent one of the main sources that guarantee the functioning of the digital economy and sustain information technology sector stakeholders, should be the subject of a fair transfer of value to the benefit of their authors;
Amendment 124 #
Draft opinion
Paragraph 4
Paragraph 4
4. Believes that the legal thinking behind Directive 93/83/EEC2 provides a suitable point of departure foEncourages the Commission to take on further measures to improve cross-border access to legal content in the digital single market.; __________________ 2 Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable transmission (OJ L 248, 6.10.1993, p. 15).
Amendment 124 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Insists that any measures taken by the actors of the supply chain to fight commercial scale infringements should be justified and include the possibility of effective and user-friendly remedies for adversely affected parties;
Amendment 127 #
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Commission to consider solutions aimed at remedying the displacement of the value of creative works from content to services; stresses the need to adjust the definition of the status of intermediary to match the current digital environment;
Amendment 128 #
Draft opinion
Paragraph 4
Paragraph 4
4. Believes that the legal thinking behind Directive 93/83/EEC2 already provides a suitable point of departure for measures to improve cross-border access to content in the digital single market, and stresses that the principle of this directive was to address a technology – namely satellite technology – which is no longer relevant in an on-demand digital market. __________________ 2 Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable transmission (OJ L 248, 6.10.1993, p. 15).
Amendment 130 #
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Recalls that under Article 5 of Directive 2000/31/EC, providers of online services are obliged to clearly indicate their identity, and that compliance with this requirement is vital to ensuring consumer confidence in e-commerce;
Amendment 131 #
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Recalls, in the Member States in which this is permitted by law, the practical limitations and the current limited effectiveness in the long run of judicial blocking of websites and of the notice and take down system; Emphasise therefore the need to reinforce the efficacy of these measures or to find new measures to fight copyright infringement, without prejudice to the European Charter of Fundamental Rights and to the principle of proportionality;
Amendment 133 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to ensure compliance with the principles of internet neutrality, which is vital where media convergence is concerned;
Amendment 141 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Encourages the Commission and the Member States to set the basis for mutual recognition of the digital skills developed by European citizens through the education system or through training programs.
Amendment 144 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to encourage portability of content and interoperability while respecting economic models based on territoriality of rights in Europe, particularly as regards the financing of audiovisual production; observes that territoriality is at the heart of the economy in this sector of copyright, and that therefore it must not be jeopardised, particularly not by a system of pan- European licences;
Amendment 149 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Emphasises the need to protect the continuity of cultural and creative jobs in the digital era by ensuring that artists and creators receive fair value for cultural and creative works disseminated on Internet platforms;
Amendment 150 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses that in order to achieve a meaningful enforcement of copyright, full information as regards to the identity of the rightholders and, where relevant, to the duration of the legal protection, should be easily accessible for the public;
Amendment 152 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Considers that the announced ICT standardisation plan should also aim at enabling multidevice interoperability;
Amendment 153 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls the Commission and the Member States to set up a European certificate or grading system to establish a common assessment of the digital skills developed by European citizens, following the example of the European common framework of reference for language learning and teaching.
Amendment 155 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Notes that copyright infringements committed by the public find one of its sources in the difficulty to find easily the desired content within the legal offer; calls, therefore, for a wide range of user- friendly legal offers to be developed and promoted to the public;
Amendment 160 #
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Underlines the importance of proper training for teachers on digital skills, on the way to teach these skills efficiently to students, and on how to use these skills to support the learning process in general.
Amendment 162 #
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the Commission’s aim to withdraw the proposal on a Common European Sales Law and the intention to propose rules for digital content; notes the proposal to introduce the ‘home option’ in order to bring down barriers to cross- border trade; insists on the need for comprehensive evidence and consultation with stakeholders before this approach is pursued, in particular as regards the impact it would have on the current protection provided to consumers under national law, especially in terms of remedies for failure to comply with the terms of contracts for online sales.
Amendment 165 #
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Underline the importance of enhancing the portability within the European Union of online services of legally acquired and legally made available content, whilst fully respecting copyrights and the interests of right- holders.
Amendment 168 #
Draft opinion
Paragraph 8
Paragraph 8
8. Stresses the need to develop employee data protection measures whichat the Digital Single Market and EU privacy and data regulations should provide a covher new forms of data collection (relations between humans and robots)ent and stable framework to facilitate innovation, trade and entrepreneurship while ensuring adequate protection of data;
Amendment 168 #
Draft opinion
Paragraph 5
Paragraph 5
5. WelcomesRegrets that the Commission’s aim to withdraew theits proposal onfor a Common European Sales Law and the intention to propose rules for digital content; notes the proposal to introduce the ‘home option’ in order to bring down barriers to cross- border trade; insists on the need for comprehensive evidence and consultation with stakeholders before this approach is pursued, in particular as regards the impact it would have on the current protection provided to consumers under national law, especially in terms of remedies for failure to comply with the terms of contracts for online sales.without consulting the European Parliament, recalls that Parliament adopted its first reading position with vast majority on 26.02.2014, Welcomes however the Commission’s intention to propose rules for digital content; reiterates Parliaments repeated request that any new proposal should be based on EP’s first reading position;
Amendment 169 #
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Stresses that cross-border access to legally made available audiovisual content should not hinder its financing process and subsequently the European cultural diversity.
Amendment 174 #
Draft opinion
Paragraph 4 f (new)
Paragraph 4 f (new)
4f. Underlines that the legal audiovisual online offer should be furthermore developed in order to enhance the accessibility to a wide and diverse content for the consumers, with various language and subtitle options.
Amendment 177 #
Draft opinion
Paragraph 4 g (new)
Paragraph 4 g (new)
4g. Calls the Member States to optimise the media chronology, in order to accelerate the availability of audiovisual content for the consumers, while maintaining a sustainable first and second window of diffusion.