10 Amendments of Esther DE LANGE related to 2016/0280(COD)
Amendment 31 #
Proposal for a directive
Recital 11
Recital 11
(11) Research organisations across the Union encompass a wide variety of entities the primary goal of which is to conduct scientific research or to do so together with the provision of educational services. Due to the diversity of such entities, it is important to have a common understanding of the beneficiaries of the exception. Despite different legal forms and structures, research organisations across Member States generally have in common that they act either on a not for profit, non- commercial basis or in the context of a public-interest mission recognised by the State. Such a public-interest mission may, for example, be reflected through public funding or through provisions in national laws or public contracts. At the same time, organisations that undertake text and data mining for commercial purposes as well as organisations upon which commercial undertakings have a decisive influence allowing them to exercise control because of structural situations such as their quality of shareholders or members, which may result in preferential access to the results of the research, should not be considered research organisations for the purposes of this Directive. In case a research organization is part of a public-private partnership and engages in text and data mining for the benefit of the commercial undertaking, the commercial undertaking should also acquire lawful access through the rightholder.
Amendment 34 #
Proposal for a directive
Recital 13
Recital 13
Amendment 90 #
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 91 #
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 151 #
Proposal for a directive
Article 3 – paragraph 4 – subparagraph 1 (new)
Article 3 – paragraph 4 – subparagraph 1 (new)
5. Research organisations conducting text and data mining shall apply measures ensuring data retrieved by the text and data mining process is not being stored longer than necessary for the purposes of the research
Amendment 197 #
Proposal for a directive
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2 a. The rights to referred in paragraph 1 shall not extend to acts of hyperlinking as they do not constitute communication to the public.
Amendment 242 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The obligation in paragraph 1 shall be proportionate and effective and shall ensure an appropriate high level of transparency in every sector. However, in those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance, Member States may adjust the obligation in paragraph 1, provided that the obligation remains effective and ensures an appropriate level of transparency.
Amendment 253 #
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
Member States shall provide that disputes concerning the transparency obligation under Article 14 and the contract adjustment mechanism under Article 15 may be submitted to a voluntary, alternative dispute resolution procedure. Member States shall ensure that authors and performers can submit the dispute anonymously through an authorized person or organization.
Amendment 286 #
Proposal for a directive
Recital 31
Recital 31
(31) A free and pluralist press is essential to ensure quality journalism and citizens' access to information. It provides a fundamental contribution to public debate and the proper functioning of a democratic society. In the transition from print to digital, publishers of press publications are facing problems in licensing the online use of their publications and recouping their investments, in a context where news aggregators and search engines are increasingly making profit out of press publications, without contributing to their development and without fairly remunerating their creators. In the absence of recognition of publishers of press publications as rightholders, licensing and enforcement in the digital environment is often complex and inefficient.
Amendment 316 #
Proposal for a directive
Recital 33
Recital 33
(33) For the purposes of this Directive, it is necessary to define the concept of press publication in a way that embraces only journalistic publications, published by a service provider, periodically or regularly updated in any media, for the purpose of informing or entertaining. Such publications would include, for instance, daily newspapers, weekly or monthly magazines of general or special interest and news websites. Periodical publications which are published for scientific or academic purposes, such as scientific journals, should not be covered by the protection granted to press publications under this Directive. This protection should notably apply where the content is automatically generated by, for example, news aggregators but does not extend to acts of hyperlinking which do not constitute communication to the public as it may be the case with acts of hyperlinking.