28 Amendments of Rosa ESTARÀS FERRAGUT related to 2016/0280(COD)
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 303 #
Proposal for a directive
Recital 32
Recital 32
(32) The organisational and financial contribution of publishers in producing press publications needs to be recognised and further encouraged to ensure the sustainability of the publishing industry. It is therefore necessary to provide at Union level a harmonised legal protection for press publications in respect of digital uses. Such protection should be effectively guaranteed through the introduction, in Union law, of rights related to copyright for the reproduction and making available to the public of press publications in respect of digital uses.
Amendment 305 #
Proposal for a directive
Recital 32
Recital 32
(32) The organisational and financial contribution of publishers in producing press publications needs to be recognised and further encouraged to ensure the sustainability of the publishing industry. It is therefore necessary to provide at Union level a harmonised legal protection for press publications in respect of digital uses. Such protection should be effectively guaranteed through the introduction, in Union law, of rights related to copyright for the reproduction and making available to the public of press publications in respect of digital uses.
Amendment 313 #
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 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.
Amendment 321 #
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 335 #
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 concernedand as the rights of distribution, rental and lending provided for in Directive 2006/115/EC. 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.
Amendment 336 #
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.
Amendment 360 #
Proposal for a directive
Recital 37
Recital 37
(37) Over the last years, the funcThe evolution of digital technologies has led to the emergence of new business models and reinforced the role of the Internet as the main marketplace for the distributioning of the online contentand access to copyright-protected content. Over the last years, the functioning of this 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. 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. The creative sector contributes significantly to the strength of the Union, both economically and culturally, and this sector's importance has long been recognised by European Union legislation, including Directive 2001/29/EC, that guarantees a framework in which the exploitation of works and other kinds of protected subject-matter can take place. The difficulties faced by rightholders when seeking to license their rights to certain online service providers and be remunerated for the online distribution of their works and content may jeopardise that aim. To uphold a high level of protection that enables the creative sectors to continue to contribute culturally and economically to the Union it is necessary to ensure that legal certainty is provided both for rightholders and users of protected works and subject- matter and that rightholders are able to negotiate copyright licences with the providers of user-uploaded content services that distribute said content.
Amendment 373 #
Proposal for a directive
Recital 37 a (new)
Recital 37 a (new)
(37a) User-uploaded content services attract users and create economic value by giving access to works and other protected subject-matter and also, in many cases, optimising their presentation, organisation, and promotion. In so doing, these services are competing directly with licensed content providers for the same users and profits. Unlike licensed content providers, however, user-uploaded content services pay very little remuneration, or none at all, to creators for the works on which they base their business models, making inappropriate use of the safe harbour provisions in Directive 2000/31/EC of the European Parliament and of the Council.
Amendment 378 #
Proposal for a directive
Recital 37 b (new)
Recital 37 b (new)
(37b) This transfer of value undermines the efficiency of the online market, distorts competition and reduces the overall value of cultural content online. It also reduces the choice consumers may have of new and legitimate innovative services in the EU's digital single market, jeopardising the cultural and creative industry, one which contributes significantly to job creation and growth, as was highlighted in the European Parliament Resolution of 13 December 2016 on a coherent EU policy for cultural and creative industries (2016/2072(INI)).
Amendment 387 #
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Amendment 398 #
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 publicor making available to the public, as the case may be, they are 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 410 #
Proposal for a directive
Recital 38 – paragraph 2
Recital 38 – paragraph 2
In respect of Article 14the application of Article 14 of Directive 2000/31/EC, it is necessary to verify whether the role played by the service provider playis an active one. An active role, including by optimising the presentationes, amongst other matters, optimisation for the purposes of presentation by the service of the uploaded works or subject-matter or promoting them, irrespective of the nature of the means used therefore. In this event, the service providers may not invoke the exemption from liability contained in Article 14.
Amendment 419 #
Proposal for a directive
Recital 38 – paragraph 3
Recital 38 – paragraph 3
In order to ensure the functioning of any licensing agreement or in seeking to make available content services not covered by such agreements, information society service providers storing and providing access to the public to largea significant 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 consistent with prevailing technologies and business best practices, provided such technologies exist. 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 450 #
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
(39a) Where measures and technologies applied in accordance with this Directive affect the upload of content covered by an exception or authorization granted, service providers should be required to set up complaints and redress mechanisms for the benefit of users whose content has been affected by these measures. Such mechanisms should strike an appropriate balance between the need to ensure that content covered by exceptions to copyright or authorisations is not unduly affected by these measures, and the need to ensure that complaints and redress mechanisms do not unjustifiably prejudice the effectiveness of said measures. To achieve that aim, complaints and redress mechanisms should lay down minimum standards to ensure rightholders are provided with sufficient information to be able to examine and respond to complaints. Properly functioning complaints and redress mechanisms should allow rightholders a suitable period of time in which to process complaints, taking into account the number of complaints relating to the rightholder being processed at the time the complaint is lodged.
Amendment 453 #
Proposal for a directive
Recital 39 c (new)
Recital 39 c (new)
(39c) The content recognition technologies market is well developed already and expected to grow in a data- based economy. The existence of technologies of this kind and competition among suppliers thereof should therefore create a market that is fair for all undertakings, irrespective of their size, ensuring that SME access thereto is affordable and simple. However, the absence of clear legal obligations to use these technologies enables dominant market operators in particular to refuse to use those tools which are appropriate for the purposes of licensing and management of rights.
Amendment 455 #
Proposal for a directive
Recital 39 b (new)
Recital 39 b (new)
(39b) The use of technical means is essential for the functioning of online licensing and the management of rights. Access to the identity of individual users who upload content is not required by the technical means employed by current technology and hence the latter pose no risk to the privacy of individual end users. Furthermore, these technical means are derived from highly specific technical cooperation between rightholders and information society service providers based on data supplied by rightholders and do not, therefore, entail any general monitoring or fact-finding obligation as regards content. It follows that the provisions set out in Article 13 of this Directive are fully compatible with Article 15 of Directive 2000/31/EC and with the Charter of Fundamental Rights of the European Union.
Amendment 487 #
Proposal for a directive
Recital 47 a (new)
Recital 47 a (new)
(47a) It is generally considered, including for the purposes of this Directive, that a work or other subject- matter protected by copyright has been communicated and/or made available to the public, as referred to in Article 3 of Directive 2001/29/EC, when the circle of persons able to access that work or subject-matter extends beyond the family or household in the narrow sense. It makes no difference whether those persons are actually in the same place or in different places, or whether they receive the work or subject-matter at the same time or at different times.
Amendment 741 #
Proposal for a directive
Article 11 – title
Article 11 – title
Protection of press publications concerning digital uses
Amendment 752 #
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 digitaland Articles 3 and 9 of Directive 2006/115/EC for the use of their press publications.
Amendment 757 #
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 781 #
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 811 #
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 works and other subject- matter uploaded by their users are performing an act of communication to the public or making available to the public. Where those service providers store and provide access to large amounts of works or other subject-matter uploaded by their users, service providers shall, in cooperation with rightholders, take effective 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 824 #
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 largea significant amounts of 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 and conform to the relevant industry standards. 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 in good time on the recognition and use of the works and other subject-matter.
Amendment 842 #
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 paragraph 1, in particular regarding the possible application of an exception or an authorisation of use relating to the content concerned. Such mechanisms must not, without reason, undermine the effectiveness of the measures referred to in paragraph 1.
Amendment 865 #
Proposal for a directive
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3a. Member States must implement proportionate and dissuasive solutions in the event of a failure to comply with the obligations set out in paragraph 1 above.
Amendment 870 #
Proposal for a directive
Article 13 a (new)
Article 13 a (new)
Article 13a Inalienable right of remuneration 1. Member States shall ensure that authors of audiovisual works have the right to be fairly remunerated where they have transferred or assigned their right of making available to an audiovisual producer. 2. The right to be fairly remunerated for making an author’s work available is inalienable and unassignable. 3. This right to fair remuneration for making works available to the public shall be administered by collective management organisations representing the authors of audiovisual works. 4. The authors’ collective management organisations shall collect the sums corresponding to fair remuneration for the audiovisual services that make audiovisual works available to the public.