11 Amendments of Sirpa PIETIKÄINEN related to 2016/0280(COD)
Amendment 396 #
Where information society service providers store and provide access to the public to copyright protected works or other subject-matter uploaded by their users, thereby going beyond the mere provision of physical facilities and performing an act of communication to the public and/or an act of reproduction, they are obliged to conclude licensing agreements with rightholders requiring so, 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 418 #
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 storing and 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. Such licence agreements should also cover the content uploaded by users of these services, as well as their liability, including where they perform an act of reproduction and/or of communication to the public, insofar they act on a non-professional basis.
Amendment 448 #
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.
Amendment 806 #
Proposal for a directive
Article 13 – title
Article 13 – title
Use of protected content by information society service providers storing and giving access to large amounts of works and other subject-matter uploaded by their users
Amendment 810 #
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 large amounts of works or other subject-matter uploaded by their users shall, in cooperation with rightholders, take meaMember States shall ensures to ensure the functionhat any licencing 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. 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 on the recognition and use of the works and other subject-matter. between information society service providers, that store and provide to the public access to protected works or other subject-matter uploaded by their users, and rightholders, shall include :
Amendment 826 #
Proposal for a directive
Article 13 – paragraph 1 – point a (new)
Article 13 – paragraph 1 – point a (new)
(a) an obligation for the information service provider to take measures, such as the use of content recognition technologies, to ensure the effective functioning of the agreement concluded for the use of the protected works or other subject-matters;
Amendment 827 #
Proposal for a directive
Article 13 – paragraph 1 – point b (new)
Article 13 – paragraph 1 – point b (new)
(b) the coverage of the content uploaded by the users, as well as their liability, including where they perform an act of reproduction and/or of communication to the public, insofar they act on a non-professional basis.
Amendment 829 #
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1 a. Member States shall ensure that in the absence of a licencing agreement as referred to in paragraph 1, either because it was not required by rightholders or because the information society service provider is eligible to the liability exemption regime set out in Article 14 of Directive 2000/31/EC, information service providers shall take measures to prevent the availability on their services of protected works or other subject-matter identified by rightholders through the cooperation with the service providers.
Amendment 836 #
Proposal for a directive
Article 13 – paragraph 1 b (new)
Article 13 – paragraph 1 b (new)
1 b. The measures, referred to in paragraphs 1 and 1a shall be appropriate and proportionate.
Amendment 837 #
Proposal for a directive
Article 13 – paragraph 1 c (new)
Article 13 – paragraph 1 c (new)
1 c. For the purpose of ensuring a proper application of the measures referred to in paragraphs 1 and 1a : a) rightholders shall provide information society service providers with all relevant and necessary information in order to identify protected works and other-subject matter available on their services, and b) the service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures referred to in paragraphs 1 and 1a, as well as, when relevant, adequate reporting on the recognition and use of the works and other subject-matter.
Amendment 846 #
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States shall ensure that the service providers referred to in paragraph 1 put in place complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraphs 1 and 1a.