Activities of Helga TRÜPEL related to 2011/2313(INI)
Shadow reports (1)
REPORT on the online distribution of audiovisual works in the European Union PDF (250 KB) DOC (137 KB)
Amendments (25)
Amendment 13 #
Motion for a resolution
Recital C
Recital C
C. whereas changes to the legal framework that would facilitate the acquisition of rights would encourage the free movement of works in the EU and help to strengthen the European audiovisual industry; and whereas tools like ISAN and IDA contribute to the achievement of this objective;
Amendment 20 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the Audiovisual Media Services Directive Article 13(1) provides the basis for introducing funding and promotion obligations for on-demand audiovisual media services as they too play a crucial role in the promotion and protection of cultural diversity;
Amendment 30 #
Motion for a resolution
Recital H
Recital H
H. whereas it is essential to ensure legal certainty and with regard to authorisations for users to give access to the works with regard to authors' rights in the European digital area;
Amendment 41 #
Motion for a resolution
Recital I
Recital I
I. whereas specific action needs to be taken to preserve the European cinematographic and audiovisual heritage, particularly by encouraging the digitisation of content;
Amendment 43 #
Motion for a resolution
Recital J
Recital J
J. whereas the introduction of a system for identifying and labelling works would contribute to protect rights holders and restrict unauthorised use;
Amendment 46 #
Motion for a resolution
Recital K
Recital K
K. whereas it is absolutely essential to preserve the principle of net neutrality in order to ensure the availability of audiovisual services as well as to take into account technological convergence;
Amendment 49 #
Motion for a resolution
Recital L
Recital L
L. whereas there can be no sustainable creation orand cultural diversity in the absence of authors' rights that protect and reward creators; whereas new business models should take into account effective licensing systems, continued investment in the digitisation of creative content, and easy access for consumers;
Amendment 54 #
Motion for a resolution
Recital N
Recital N
N. whereas fairness demands that productionall contracts should provide for fair remuneration for authors, taking due account of future online exploitation of their works for all forms of exploitation of their works, including online exploitation;
Amendment 56 #
Motion for a resolution
Recital O
Recital O
O. whereas the effectiveness of collective rights management companies needs to be improved by introducing measures aimed at increasing their transparency and good governance, as well as efficient dispute resolution mechanisms;
Amendment 58 #
Motion for a resolution
Recital O a (new)
Recital O a (new)
Oa. whereas collective rights management is an essential tool for broadcasters given the high number of rights they need to clear daily and should therefore provide for efficient licensing schemes for the online use of audiovisual content in the broadcasters' archives;
Amendment 61 #
Motion for a resolution
Recital O b (new)
Recital O b (new)
Ob. whereas it is urgent that the Commission proposes a directive on the transparency and good governance of collective rights' management in order to improve the trust in, and recourse to, this management tool in the digital age;
Amendment 72 #
Motion for a resolution
Subheading 1
Subheading 1
Legal content and, accessibility and collective rights management
Amendment 74 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses the need to make legal content more attractive and improve the online availability of audiovisual works, in particular subtitled works;
Amendment 86 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that release windows should be made more flexible for works that are made available exclusively online;
Amendment 88 #
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on all Member States to urgently implement Article 13 of the Audiovisual Media Services Directive in a prescriptive manner and introduce funding and promotion obligations for on-demand audiovisual media services;
Amendment 90 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses the need to bring legislation into line with the realities of the digital agecreate legal certainty as to which legal system applies for the clearance of rights in case of cross border distribution by proposing that the applicable law should be that of the country where an enterprise carries out its main business and where it generates its main revenue;
Amendment 95 #
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Supports a European framework that would allow a simplification of a rights clearance system, i.e. a one-stop shop for the licensing of background music and cut material incorporated in audiovisual works for online distribution, in order to prevent further fragmentation of the music rights, namely the reproduction right and the making available right;
Amendment 99 #
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Supports the establishment of consistent European rules on good governance and transparency of collecting societies as well as efficient dispute resolution mechanisms;
Amendment 106 #
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls on the Member States to promote respect for authors' and neighbouring rights and combat the provision of unauthorised content, including via streaming;
Amendment 126 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Maintains that it is essential to guarantee authors remuneration that is fair and proportional to the revenue generated by the online exploitation of their works; all forms of exploitation of their works, including online; calls therefore for EU legislation to prohibit buyout contracts which, in contradiction with this principle, provide for a single remuneration payment covering fees, the purchase of authors' rights and future exploitation;
Amendment 130 #
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls for a rebalancing of the bargaining position between authors and producers by providing authors with an unwaivable right to remuneration for all forms of exploitation of their works, including ongoing remuneration when authors have transferred their exclusive 'making available' right to a producer;
Amendment 132 #
Motion for a resolution
Subheading 5
Subheading 5
Amendment 139 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Maintains that the best means of guaranteeing decent remuneration for rights holders is to implement inter-branch agreements between producers, authors and performerhrough the preferred choice of either collective bargaining agreements, including agreed standard contracts, extended collective licenses, or collective management organisations;
Amendment 144 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on Member States to ensure thatfor collective rights management companiessystems to use mutually compatible tools;
Amendment 160 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Stresses the importance of promoting media literacy also for elderly citizens in Europe and to reduce the digital gap in the society, as this plays an essential role for societal participation and democratic citizenship; recalls the important role played by public service media in this regard as part of their public service missions;