Activities of Antonio LÓPEZ-ISTÚRIZ WHITE related to 2016/0280(COD)
Legal basis opinions (0)
Amendments (8)
Amendment 105 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) It is generally considered, including for the purposes of this Directive, that a work or other subject- matter protected by copyright has been communicated and/or made available to the public, as referred to in Article 3 of Directive 2001/29/EC, when the circle of persons able to access that work or subject-matter extends beyond the family or household in the narrow sense.
Amendment 219 #
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37a) User-uploaded content services attract users and create economic value by giving access to works and other protected subject-matter and also, in many cases, optimising their presentation, organisation, and promotion. In so doing, these services are competing directly with licensed content providers for the same users and profits. Unlike licensed content providers, however, user-uploaded content services pay very little remuneration, or none at all, to creators for the works on which they base their business models, employing the safe harbour provisions set out in Directive 2000/31/EC of the European Parliament and of the Council.
Amendment 227 #
Proposal for a directive
Recital 37 b (new)
Recital 37 b (new)
(37b) This transfer of value is undermining the effectiveness of the online market, thus jeopardising the cultural and creative industry, which does a great deal to generate growth and jobs, as was pointed out in the European Parliament Resolution of 13 December 2016 on a coherent EU policy for cultural and creative industries (2016/2072(INI)).
Amendment 234 #
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Amendment 279 #
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
(39a) The use of technical means is essential for the operation of online licensing and the management of rights. The technical means employed by current technology do not entail any need to access the identity of individual users who upload content, and hence they pose no risk to the privacy of individual end users. Furthermore, they are derived from highly specific technical cooperation between rightholders and information society service providers based on data supplied by rightholders and do not, therefore, entail any general monitoring or fact-finding obligation as regards content. It follows that the provisions set out in Article 13 of this Directive are fully compatible with Article 15 of Directive 2000/31/EC and with the Charter of Fundamental Rights of the European Union.
Amendment 475 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Information society service providers that store and provide to the public access to largea significant amounts of works or other subject-matter uploaded by their users shall, in cooperation with rightholders, take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject-matter or to prevent the availability on their services of works or other subject-matter identified by rightholders through the cooperation with the service providers. Those measures, such as the use of effective content recognition technologies, shall be appropriate and proportionate and conform to the relevant industry standards. The service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures, as well as, when relevant, adequate reporting in good time on the recognition and use of the works and other subject-matter.
Amendment 482 #
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. Information society service providers which store and give the public access to copyrighted works or other subject-matter uploaded by their users do not, in so doing, merely supply physical facilities and to that extent are involved in the act of communication to the public brought about by their users when they upload such protected works or other subject-matter. Those service providers shall be obliged to conclude licensing agreements with rightholders concerning the rights of communication to the public and of reproduction, unless they can invoke the exemption from liability provided for in Article 14 of Directive 2000/31/EC. Licences granted to the above service providers shall cover acts performed by their users, provided that users are not acting in a professional capacity.
Amendment 512 #
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Article 13a Inalienable right of remuneration 1. Member States shall ensure that authors of audiovisual works have the right to be fairly remunerated where they have transferred or assigned their right of making available to an audiovisual producer. 2. The right to be fairly remunerated for making an author’s work available is inalienable and unassignable. 3. This right to fair remuneration for making works available to the public shall be administered by collective management organisations representing the authors of audiovisual works. 4. The authors’ collective management organisations shall collect the sums corresponding to fair remuneration for the audiovisual services that make audiovisual works available to the public.