Activities of Cecilia WIKSTRÖM related to 2016/0280(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on copyright in the Digital Single Market
Amendments (13)
Amendment 38 #
Proposal for a directive
Recital 37
Recital 37
(37) Over the last years, the functioning of the online content marketplace has gained in complexity. Oonline services providing access to copyright protected content uploaded by their users without the involvement of right holders have flourished andgrown to a point that they have become mainalternate sources of access to copyright protected content online. This has negatively affectsed rightholders' possibilities to determine whether, andcontrol the conditions under which conditions, their works and other subject-matter are usedmade available and communicated to the public, as well as their possibilities to get an appropriate remuneration for it.
Amendment 53 #
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Where information society service providers store andoffer users content storage services that 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 andcontent and are not merely passive in nature but performing an act of communication to the public, they arshould be 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 55 #
Proposal for a directive
Recital 38 – paragraph 2
Recital 38 – paragraph 2
Amendment 64 #
Proposal for a directive
Recital 38 – paragraph 2 a (new)
Recital 38 – paragraph 2 a (new)
In order to be eligible for the liability exemption provided for in Article 14 of Directive 2000/31/EC information society service providers are, upon receiving notification or on becoming aware that a work which is subject to copyright and related rights is used in an unauthorised manner, obliged to act expeditiously to remove the content in question or conclude a licensing agreement with the relevant rightholders on fair and reasonable terms. To prevent misuses or abuses of notifications and of limitations and the exercise of exceptions to copyright law, and in order to protect freedom of information and expression, users of the information service society services should have access to effective and expeditious redress and complaint mechanisms.
Amendment 71 #
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 providthat are actively and directly involved ing access to the public to large amounts of copyright protected works or other subject-matter uploaded by their userllowing users to upload content, in making such works available to the public or promoting such works should take appropriate and proportionate measures to ensure the protection of copyright protected 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. Member States should not impose a general monitoring obligation on information society service providers as referred to in Article 145(1) of Directive 2000/31/EC and in accordance with relevant case law of the Court of Justice.
Amendment 78 #
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, rlicensing agreements. 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 technologimeasures, 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 providersmeasures used and on the use of their content covered by an agreement.
Amendment 83 #
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
(39a) Appropriate safeguards should be put in place to ensure a fair balance between the property rights of holders of copyright and the fundamental rights of users, such as their right to the protection of their personal data and their freedom to receive or disclose information in accordance with Articles 8 and 11 of the Charter of Fundamental Rights of the European Union, taking particular account of the exercise of exemptions or limitation to copyright protection.
Amendment 110 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. IWhere information society service providers that storeoffer users content storage services and provide to the public access to large amounts of works or otcontent and where 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 ch activity is not eligible for the liability exemptions provided for in Directive 2000/31/EC, they shall, upon receiving notification or becoming aware that an uploaded work subject to copyright and otheir 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,related rights is used in an unauthorised manner, act expeditiously to remove or to disable access to the content, except where service providers conclude a licensing agreement with rightholders enabling the content to remain available. The service providers shall btake appropriate and proportionate. The service providers shall provide rightholders with adequate informa measures in collaboration with the rightholders to ensure the functioning onf the functioning and the deployment of thelicensing agreements, including measures, as well as, wllowing then relevant, adequate reporting on the recognition and use of the works and other subject-matterightholders to obtain information on the measures used and the use of their content or other subject-matter covered by such agreements.
Amendment 115 #
Proposal for a directive
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. For the purpose of ensuring the functioning of licensing agreements, as referred to in paragraph 1, information society service providers and rightholders shall cooperate with each other. Rightholders shall accurately identify to information society service providers the works or other subject-matter in respect of which they have the copyright and related rights. The information society service providers shall inform rightholders of the measures employed and the accuracy of their functioning and shall, when relevant, periodically report on the use of the works and other subject-matter.
Amendment 117 #
Proposal for a directive
Article 13 – paragraph 1 b (new)
Article 13 – paragraph 1 b (new)
1b. In implementing the licensing agreements, all stakeholders shall respect a fair balance of the rights between the rightsholders and users, whereby the Member States shall not impose a general monitoring obligation on information society service providers as referred to in Article 15(1) of Directive 2000/31/EC.
Amendment 122 #
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, in cooperation with rightholders, complaints and redress mechanisms that are available to users in case of disputes over the application of the measures taken for the purpose of ensuring the proper functioning of the licensing agreements referred to in paragraph 1.
Amendment 125 #
Proposal for a directive
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. This Article shall be without prejudice to legal redress in accordance with Member States' legal systems in case of the legitimate exercise of exceptions or limitations to copyright and to appeal any restrictive measures agreed upon.
Amendment 131 #
Proposal for a directive
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Member States shall facilitate, where appropriate, the cooperation between the information society service providers and rightholders through stakeholder dialogues to define best practices, such as appropriate and proportionate content recognition technologies,referred to in paragraph 1 and collective rights management organisations through stakeholder dialogues to define best practices as regards the measures used for the purposes of paragraph 1. These measures shall be appropriate and proportionate and takinge into account, among others, the nature of the services, the availability of the technologies and their effectiveness in light of technological developments.