20 Amendments of Sabine VERHEYEN related to 2016/0280(COD)
Amendment 95 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3 a) Despite the fact that more creative content is being consumed today than ever before , on services such as user- uploaded content platforms and content aggregation services, the creative sectors have not seen a comparable increase in revenues from this increase in consumption. This has generated a so- called 'value gap', where platform services retain the value of cultural and creative works, which is diverted from creators. The transfer of value has created an inefficient and unfair market, and threatens the long-term health of the EU's cultural and creative sectors and the success of the Digital Single Market. Thus, liability exemptions can only apply to genuinely neutral and passive online service providers, and not to services that play an active role in distributing, promoting and monetising content at the expense of creators.
Amendment 132 #
Proposal for a directive
Recital 13
Recital 13
Amendment 185 #
Proposal for a directive
Recital 21 a (new)
Recital 21 a (new)
(21 a) Where user-generated content involves proportionate use of a quotation or of an extract of a protected work or other subject-matter for a legitimate purpose, such use should be protected by the exception provided in this Directive. This exception should only be applied in certain special cases which do not conflict with normal exploitation of the work or other subject-matter concerned and do not unreasonably prejudice the legitimate interests of the rightholder. For the purpose of assessing such prejudice, the degree of originality of the user-generated content concerned, the length/extent of the quotation or extract used or the degree of economic harm should be examined, where relevant, while not precluding the legitimate enjoyment of the exception. This exception should be without prejudice to the moral rights of the authors of the work or other subject- matter concerned.
Amendment 211 #
Proposal for a directive
Recital 30
Recital 30
(30) To facilitate the licensing of rights in audiovisual works to, relevant rights are consolidated with the producer by law or by contract. In order to promote cultural diversity and the availability of works on video-on-demand platforms, this Directive requires Member States to set up a negotifacilitation mechanism allowing relevant parties willing to conclude an agreement for the licensing of audiovisual works to video-on-demand platforms to rely on the assistance of an impartial body. The body should meet with the relevant parties and help withfacilitate the negotiations by providing professional and external advice. Against that background, Member States should decide on the conditions of the functioning of the negotifacilitation mechanism, including the timing and duration of the assistance to negotiations and the bearing of the costs. Member States should ensure that administrative and financial burdens remain proportionate to guarantee the efficiency of the negotifacilitation forum.
Amendment 218 #
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. News aggregators and search engines have increasingly developed their activities by making profit from the content of press publishers. These profits are not shared fairly with the creators and publishers. 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 232 #
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 does not extend to acts of hyperlinking which do not constitute communication to the public.
Amendment 238 #
Proposal for a directive
Recital 34
Recital 34
(34) The rights granted to the publishers of press publications under this Directive should have the same scope as the rights of reproduction and making available to the public provided for in Directive 2001/29/EC, insofar as digital uses are concerned. They should also be subject to the same provisions on exceptions and limitations as those applicable to the rights provided for in Directive 2001/29/EC including the exception on quotation for purposes such as criticism or review laid down in Article 5(3)(d) of that Directive. The protection granted to press publications under this Directive should also apply where the content is automatically generated by, for example, news aggregators.
Amendment 252 #
Proposal for a directive
Recital 37
Recital 37
(37) Over the last years, the functioning of the online content marketplace has gained in complexity. Online services providing access to copyright protected content uploaded by their users without the involvement of right holders have flourished and have become main sources of access to content online. Thereby, the online services often make profits from content that they do not create, which are not always shared fairly with the concerned creators. This affects rightholders' possibilities to determine whether, and under which conditions, their work and other subject-matter are used as well as their possibilities to get an appropriate remuneration for it.
Amendment 259 #
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Where information society service providers store and provide accessare making available 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 an act of reproduction, they are obliged to conclude licensing agreements with rightholders in order to protect rightholders legitimate interests, 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 . The authorisation granted to these services should cover content uploaded by one or more users, if the users are not acting on a commercial and or professional basis. _________________ 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 283 #
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 stormaking and providing access to the public to large amounts ofvailable to the public 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.
Amendment 293 #
Proposal for a directive
Recital 39
Recital 39
(39) Collaboration between information society service providers stormaking and providing access to the public to large amounts ofvailable to the public 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 346 #
Proposal for a directive
Article 2 – paragraph 4
Article 2 – paragraph 4
(4) ‘press publication’ means a fixation of a collection of literary works of a journalistic nature produced by one or several authors, which may also comprise other works or subject-matter and constitutes an individual item within a periodical or regularly-updated publication under a single title, such as a newspaper or a general or special interest magazine, having the purpose of providing information related to news or other topics and published in any media under the initiative, editorial responsibility and control of a service provider.
Amendment 355 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall provide for an exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC and Article 11(1) of this Directive for reproductions and extractions made by research organisations in order to carry out text and data mining of works or other subject-matter to which they have acquired lawful access for the purposes of scientific research.
Amendment 482 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that where relevant parties wishing to conclude an agreement for the purpose of making available audiovisual works on video-on- demand platforms face difficulties relating to the licensing of rights, they may rely on the assistancefacilitation of an impartial body with relevant experience. That body shall provide assistance with negotiation and help reachwith a view to the conclusion of mutually acceptable agreements.
Amendment 495 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall provide publishers of press publications with the rights provided for in Article 2 and Article 3(2) of Directive 2001/29/EC for the digital use of their press publications.
Amendment 500 #
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The rights referred to in paragraph 1 shall expire 2015 years after the publication of the press publication. This term shall be calculated from the first day of January of the year following the date of publication.
Amendment 506 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States may provide that where an author has transferred, assigned or licensed a right to a publisher, such a transfer or a licence constitutes a sufficient legal basis for the publisher to claim a share of the compensation for the uses of the work made under an exception or limitation to the transferred or licensed right.
Amendment 511 #
Proposal for a directive
Article 13 – title
Article 13 – title
Use of protected content by information society service providers stormaking and giving access to large amounts ofvailable works and other subject-matter uploaded by their users
Amendment 525 #
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 ofmake available to the public 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. 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.
Amendment 549 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector, timely, adequate and sufficient information on the exploitation of their works and performances from those to whom they have licensed, assigned or transferred their rights, notably as regards modes of exploitation, revenues generated and remuneration due.