6 Amendments of Andreas SCHWAB related to 2016/0280(COD)
Amendment 220 #
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37 a) Today more creative content is being consumed than ever before. That happens on services such as user- uploaded content platforms and content aggregation services. At the same time, the creative sectors have not seen a comparable increase in revenues from this increase in consumption. One of the main reasons is being referred to as a transfer of value that has emerged due to the lack of clarity regarding the status of these online services under copyright and e-commerce law. An unfair market has been created, threatening the development of the Digital Single Market and its main players: the creative industries.
Amendment 224 #
Proposal for a directive
Recital 37 b (new)
Recital 37 b (new)
(37 b) Digital platforms are means of providing wider access to cultural and creative works and offer great opportunities for cultural and creative industries to develop new business models. Therefore, consideration is to be made of how this process can function with more legal certainty and respect for right holders. It is therefore of utmost importance to ensure transparency and a fair level playing field. The protection of right holders within the copyright and intellectual property framework is necessary in order to ensure recognition of values and stimulation of innovation, creativity, investment and production of content.
Amendment 237 #
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Where information society service providers store and provide access to the public tobroadcast copyright protected works or other subject-matter uploaded by their users and/or make them accessible to the public, 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 . _________________ 34 Directive 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).
Amendment 261 #
Proposal for a directive
Recital 38 – paragraph 3
Recital 38 – paragraph 3
In order to ensure the functioning of any licensing agreement, information society service providers broadcastoring and/or 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.
Amendment 277 #
Proposal for a directive
Recital 39
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. For some start-ups, defined here as microenterprises and small enterprises1a which have been in existence for less than 10 years, the use of content-recognition technologies of this kind would probably constitute an insurmountable financial obstacle, for which reason enterprises of this kind should be released from the requirement to employ such technologies. _________________ 1a
Amendment 481 #
Proposal for a directive
Article 13 – paragraph 1 – subparagraph 1 (new)
Article 13 – paragraph 1 – subparagraph 1 (new)
Micro-enterprises and small enterprises1b less than ten years old shall be exempted from the obligation to use content recognition technologies, but not from the obligation to take measures to ensure that the agreements concluded with the rightholders are complied with. _________________ 1b in accordance with the Commission recommendation concerning the definition of micro-enterprises and small and medium-sized enterprises