9 Amendments of Vicky FORD related to 2016/0280(COD)
Amendment 238 #
Proposal for a directive
Recital 38 – paragraph 1
Recital 38 – paragraph 1
Where information society service providers store andact in an active manner and knowingly 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 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)y should endeavour to conclude licensing agreements with rightholders and should take appropriate and proportionate measures to ensure protection of works or other subject-matter, such as implementing effective technologies or notice and takedown or other means.
Amendment 246 #
Proposal for a directive
Recital 38 – paragraph 2
Recital 38 – paragraph 2
Amendment 257 #
Proposal for a directive
Recital 38 – paragraph 3
Recital 38 – paragraph 3
Amendment 278 #
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. Alternative methods tackling infringing content such as notice and takedown should also be available to be used and can be effective in addressing infringing content.
Amendment 322 #
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 lawful access for the purposes of scientific research. Member States may continue to apply existing well- functioning exceptions.
Amendment 334 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
3. Rightholders shall be allowed to apply targeted, proportionate, reasonable and non-discriminatory measures to ensure the security and integrity of the networks and databases where the works or other subject-matter are hosted. Such measures shall be reasonable and efficient, not go beyond what is necessary to achieve that objective, or unnecessarily hamper text and data mining.
Amendment 425 #
Proposal for a directive
Article 11
Article 11
Amendment 466 #
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 ofactively promote and curate content in the making available to the public copyright protected digital works or other digital subject-matter uploaded by their users shall, in cooperation with rightholders, take measures to ensure the functioning of agreements concluded with rightholders for the useand with knowledge by the information society service provider of the copyright protection of theirose 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 providershall endeavour to achieve, where appropriate, fair and balanced agreements with rightholders governing this content and in cooperation with rightholders, take measures to ensure the functioning of those agreements. Those measures, such as the use of effective content recognition technologies or notice and takedown, shall be appropriate and proportionate. Those 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-mattercooperate and work together with rightholders to ensure that the functioning and implementation of such agreements are full and transparent.
Amendment 480 #
Proposal for a directive
Article 13 – paragraph 1 – point 1 (new)
Article 13 – paragraph 1 – point 1 (new)
(1) Paragraph 1 shall not apply when the service provider does not have actual knowledge of copyright protection of the works or is not aware of facts or circumstances from which the copyright protection is arising, or where the provider, upon obtaining such knowledge or awareness, acts expeditiously to remove or to disable access to the information.