Activities of Jan Philipp ALBRECHT 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 (5)
Amendment 54 #
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
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, they are obliged to conclude licensing agreements with rightholders, unless they are eligible for the liability exemptions 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 63 #
Proposal for a directive
Recital 38 – paragraph 2
Recital 38 – paragraph 2
Amendment 70 #
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, s. 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/ECmeasures should respect the fundamental rights of users and should not impose a general obligation on information society service providers to monitor the information which they transmit or store or a general obligation actively to seek facts or circumstances indicating illegal activity.
Amendment 112 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. IWhere information society service providers that store and provide to the public access to large amounts of copyright protected works or other subject-matter uploaded by their users shall, in cooperation with rightholders, tak, and where such activity is not eligible for the liability exemptions provided for in Directive 2000/31/EC, they shall take appropriate and proportionate measures to ensure the functioning of licensing 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. The implementation of such agreements shall respect the fundamental rights of users and shall not impose a general obligation on information society service providers to monitor the information which they transmit or store or a general obligation actively to seek facts or circumstances indicating illegal activity.
Amendment 731 #
Proposal for a directive
Article 11
Article 11