eblidacomments and voting recommendations on the amendments

Transcription

EBLIDA COMMENTS AND VOTING RECOMMENDATIONS ON THE
AMENDMENTS PRESENTED AT THE JURI COMMITTEE
ON THE DRAFT REPORT ON THE IMPLEMENTATION OF DIRECTIVE 2001/29/EC OF THE EUROPEAN
PARLIAMENT AND OF THE COUNCIL OF 22 MAY 2001 ON THE HARMONISATION OF CERTAIN ASPECTS
OF COPYRIGHT AND RELATED RIGHTS IN THE INFORMATION SOCIETY
June, 2015
Page 1 of 144
Libraries represent the interests of the public and their access to information.
They are neutral partners and don’t have a commercial interest in the battle
surrounding copyright.
At the same time, libraries are a crucial asset to the research, culture and
education sectors.
The library is a pillar of the knowledge and democracy society.
If you support Libraries, please follow the voting recommendations of the
document:
• Vote YES (+) to the amendments highlighted in green.
• Vote NO (-) to the amendments highlighted in red.
N.B.: Our recommendations focus on amendments impacting libraries and the information sector.
For that reason, 271 amendments don’t appear which means that we don’t have a position on
those amendments.
Facts and Figures on Libraries in Europe:
• Libraries in Europe: 70000
• Registered users: 110+ million
• Library visits: 1.174.308.276
• e-visits: 762.015.248
• Media stock: 1.690.922.386
• Loans/year: 1.687.021.551
• Staff (libraries and archives sector): 397800
About EBLIDA
The European Bureau of Library, Information and Documentation Associations (EBLIDA) is an independent
umbrella association of library, information, documentation and archive associations and institutions in
Europe representing 100+ members in all EU member states and other European countries, as well as by
extension 70.000 libraries in Europe.
www.eblida.org,
Contact: Vincent Bonnet, Director, [email protected], +31631965511.
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8 key points for libraries reflected in specific amendments
1. Preserving Public Domain Works:
support AM 264
Clause n. 13 of the Commission Recommendation of 27.10.2011 on the digitisation and online accessibility
of cultural material and digital preservation states that: “In order to allow wide access to and use of public
domain content, it is necessary to ensure that public domain content remains in the public domain once
digitised. The use of intrusive watermarks or other visual protection measures on copies of public domain
material as a sign of ownership or provenance should be avoided”.
Public domain content should not be subject to licensing simply because it is in a digital format. This is an
important consideration if digital legal deposit in national libraries is to be preserved and held in posterity
for the benefit of the public.
For example, the UK’s digital legal deposit legislation is seriously flawed since its effect is to allow perpetual
copyright of legally deposited digital public domain works which would not apply to their analogue formats.
Even when the works enter the Public Domain, access to these public domain works is restricted to the
library premises purely because their format is digital, so they cannot be made available remotely online
even to registered national library patrons, nor could they be contributed to projects such as Europeana.
2. Greater Harmonisation of Exceptions and limitations:
support AM 341, 348, 350, 354
Exceptions and limitations aim to balance the exclusive rights of the rights holders in favour of other
fundamental rights. They are an essential part of the copyright framework and should be made mandatory.
The fact that the exceptions listed in the Information Society Directive 2001/29/EC Article 5 are optional for
Member States to implement creates legal uncertainty and the variations between the Member States
erects barriers to the cross-border transfer of information. Harmonisation and uniform application of
copyright exceptions across all EU Member States is essential so that they apply regardless of media or
technology.
The addition of a new “open norm”, an open-ended exception subject to the Three-Step Test, would help
to future proof Europe’s copyright exceptions to avoid the current situation where European creativity and
research cannot immediately benefit from technological innovations because copyright legislation is slow
to catch up.
Furthermore, the most important limitation to copyright is its duration or term. However, in fact copyright
term is not the same in each Member State, creating huge barriers to cross-border information transfer
since librarians cannot be cognisant of the variations in the copyright laws of 27 other Member States.
Examples of the various quirks and special provisions that exist in different Member States include the 25
year typographical copyright protection for publishers in the UK and the war heroes copyright protection in
France. Swift and complete harmonisation of copyright durations across all Member States is an absolute
must.
3. Promoting greater circulation of knowledge and cross-border use of
content: support AM 466-467
Libraries and archives need to have a right to share resources and make available, communicate, transmit
and distribute content and supply copies made under a copyright exception across borders. Libraries,
research and educational institutions and their users should be able to extract and re-use reasonable
amounts of purchased or licensed content for educational, scientific, or research purposes, including
illustration, explanation, comment, criticism, teaching, research, or data analysis, and to make available
such content at a place and time convenient to users. Scholarly authors and their parent institutions should
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be able to put their works, resulting from publicly financed research, in Open Access repositories or in
eLearning platforms.
4. Ensuring eLending solutions for libraries:
support AM 485
Library lending is a basic core service which ensures the right to read for all; it is an essential tool for
cultural promotion and social inclusion. Such service, or its equivalent must be guaranteed in the digital
environment. Making available library collections, for the temporary use by one user a time, in a place and
at a time individually chosen, is the minimum level of library service one should expect; it is consistent with
the copyright Three-Step Test as well as with the definition and the scope of Public Lending Right provided
by art. 2(1)(b) of Directive 2006/115/EC. Remote e-lending is essential if libraries are to continue to be an
integral part of a networked society, promoting the digital skills necessary for full participation in the 21st
century. Through lending and e-lending libraries promote reading and learning, thereby contributing to key
policy objectives in Europe, such as the creation of educated, literate and articulate individuals and
communities that can better support themselves and foster discovery, creativity and culture.
In order to give legal certainty on this point, libraries need a new exception, an automatic “right to lend”
that explicitly permits clear public remote access to the digital content in their collections, creating a right
for libraries to e-lend remotely to their patrons, to include the right to lend all digital media (i.e transferring
digital files to the library patron for a limited period). However, to achieve this, libraries also need a ‘right to
acquire’, a right to be able to purchase any copyright work that has been made commercially available
regardless of format, or obtain a licence for it, at a reasonable market price, and to make available
(including by e-lending) to its patrons.
As with analogue lending to the general public, e-lending to the general public should be made subject to
remuneration for authors via Member State Public Lending Right schemes.
5. Ensuring libraries ability to digitise works:
support AM 488
Libraries, archives and museums need a right to mass digitise their commercially unavailable (research)
collections, and give online access across the whole of the EU without liability to compensate rightholders.
Digitisation for preservation purposes by publicly accessible cultural institutions is implicitly included
among the specific acts of reproduction referred to in Article 5 (2) (c) of the Information Society Directive
2001/29/EC. Furthermore, the European Commission has repeatedly recommended the adoption of
national policies encouraging the digitisation of cultural heritage particularly with regard to Europeana.
However, despite its importance, this exception is optional and it has been generally implemented under
very narrow terms, so that, in many Member States, even format shifting for preservation purpose is
prohibited, or limited to specific formats.
The Orphan Works Directive contains a restrictive clause requiring diligent search that in practice makes it
impossible to use with regard to the typical mass digitisation project for millions of works. The MoU on Out
of Commerce Works concluded in 2011 might have solved the problem presented by the Orphan Works
Directive by addressing it from a broader perspective and providing workable solutions, but does not
because it is severely limited by its lack of concrete application across Europe and the failure of most
Member States to implement it in national laws. An exception could allow mass digitisation of out of print
publications and their communication to the public made by institutions accessible to the public. The
mechanism should regulate rights clearances in line with the guidelines provided for in the Out of
Commerce MoU.
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6. Ensuring rights granted
contracts: support AM 535
through
exception
are
not
bypassed
by
Exceptions and limitations are regularly overridden and undermined by the thousands of licences and
contracts for information content that libraries must subscribe to in order to have access to digital content.
Licence clauses which override existing exceptions and limitations should be rendered null and void by
Europe-wide legislation. Libraries and archives need to know that they can rely on being able to make use
of the statutory exceptions available to them: the rest of Europe needs to follow the lead of Ireland,
Belgium, Portugal and the UK in rendering null and void any contractual terms (i.e. not affecting the rest of
the contract or licence) that override any national statutory copyright exceptions and limitations by
rendering unenforceable any contract term that purports to prevent or restrict the doing of any act which
would not infringe copyright.
A pan-European provision is needed to achieve this is cross-border information transfer for the purposes of
non-commercial research or study is to become a realistic possibility. Such a provision would be entirely in
line with existing provisions contained in the EU Database Directive 96/9/EC and the Computer Programs
Directive 2009/24/EC. Otherwise there is little point legislating on copyright to create a balanced
framework on access to knowledge if contracts and licences can continue to be used by corporate interests
to invade the public policy space of sovereign nations and remove vital legislative provisions concerning the
framework in which they operate.
For the same reason, the removal of technological protection measures should be made compulsory when
such removal is needed to allow legitimate uses. Similar provisions should apply to technological protection
measures (TPMs). Like contracts and licences for information content, TPMs often do not work with access
software for visually impaired people and they frequently undermine and override exceptions & limitations.
TPMs often are more restrictive than the provisions of the content licence and they quickly become
obsolete within 3-5 years. Digital platforms do not last as long as content in a particular format with its
embedded TPM does. If the publisher is no longer trading there is no upgrade available and the content
becomes inaccessible and impossible to migrate to a new platform without the ability to circumvent the
TPM. While Member States have introduced TPM workarounds (appeal systems to the government or a
national commission) under the Information Society Directive 2001/29/EC Article 6(4), some are ineffective
and too slow. Memory institution libraries & archives need to have the keys to TPMs as soon as they
acquire a work because digital preservation has to start on day one, not some 130 years later when all
layers of content (text, music, performances, artistic works (illustrations), film, translations etc.) are likely to
be safely in public domain.
7. Introducing an exception for content mining (aka Text and Data Mining
(TDM)): support AM 450 and 353
Data and facts are not protected by copyright. Thus the right to read works to which one has lawful access
includes the right to mine content, i.e. read and analyse it electronically in greater bulk and far more
quickly than can be done by human beings alone. This is not a matter for copyright licensing or
remuneration since this involves computational analysis of data and facts presented in scholarly research
papers to which lawful access has already been obtained, not the expression of those facts.
Researchers, SMEs (Small and Medium Sized Enterprises) and technology companies have been content
mining for at least 10 years, but, in Europe, the potential for extracting significant benefits from this work
has been limited by legal uncertainties and restrictions. It is important that all members of European
society can benefit equally from advances in the availability of digital technology and content. This requires
the creation of new principles around access to facts, data and ideas (see The Hague Declaration on
Knowledge Discovery in the Digital Age http://thehaguedeclaration.com/the-hague-declaration-onknowledge-discovery-in-the-digital-age/).
Page 5 of 144
Until the UK became the first Member State to introduce a TDM exception for non-commercial purposes in
2014, the United States and Japan were the primary countries undertaking TDM (in the US under its Fair
Use provisions). Since a TDM exception was not available in Europe, research partnerships (which these
days are almost always international) have inevitably gravitated towards those countries that could
perform TDM. European researchers, libraries and archives thus need a pan-European exception to enable
them to perform computational analysis of copyright works whenever they have lawful access to the
content.
8. Expressing concern on the delay of ratification of Marrakesh Treaty:
support AM 555
Individuals with any cognitive and/or physical disabilities are entitled to the same access to knowledge as
anyone else. In any country they must be allowed to make copies, or have made copies for them, in any
format necessary if their disability is impeding access. The EU and its Member States should speedily ratify
the WIPO Marrakesh Treaty 2013, in particular to permit the transfer of accessible format copies between
countries.
Meaningful access to the full range of published content by blind and visually impaired people through
cross-border sharing depends on the USA and European countries ratifying the Treaty, since a great deal of
published content will originate from them. Yet, for the past two years Member States and the Commission
have been arguing about issues of competency and sequencing and there is no timetable for ratification by
the EU or its Member States. Very likely the United States will ratify first which will help English language
speakers but not those who speak other European languages. The arguments centre on whether the EU
Commission has exclusive competence to ratify the Treaty, or do the Member States share competency
with the Commission and should ratify first.
The EU and its Member States need to use this opportunity of EU copyright reform to resolve their dispute
about competence and include the necessary legislative provisions to implement the Treaty EU-wide so
it/they can proceed to ratify as soon as possible. The European Parliament should apply strong pressure to
break this impasse and bring the book famine that blind and visually impaired people are suffering from to
an end.
Page 6 of 144
AM
Ref. Text
MEP(s)
22
Citation 7 b
Helga Stevens
(new)
Julia Reda
Citation 20
Marietje
a (new)
Schaake
Citation 20
Marietje
b (new)
Schaake
49
Recital A
Laura Ferrara
57
Recital A a
Marietje
(new)
Schaake
44
45
58
Recital A a
Juan Fernando
(new)
López Aguilar
Sergio
Draft Opinion
A. whereas the European legal
framework for copyright and
related rights is central to the
promotion of creativity and
innovation, and to access to
knowledge and information;
Amendment
Voting Recommendation &
Comments
– having regard to the Marrakesh
Treaty to Facilitate Access to
Published Works for Persons Who
Are Blind, Visually Impaired, or
Otherwise Print Disabled,
+
- having regard to articles 27 of
the Universal Declaration of
Human Rights;
+
- having regard to the E-Commerce
Directive,
+
A. whereas the European legal
framework for copyright and
related rights is primarily intended
to foster creativity, innovation and
access to knowledge, culture and
information
through
the
dissemination of creative works;
+
Aa. Whereas copyright law in the
EU should reflect the core
principles and values of European
law,
including
freedom
of
expression and information as
well as freedom of competition;
+
Aa. whereas Article 167 of the
Treaty on the Functioning of the
European Union states that the
European Union shall promote the
flowering and diversity of the
+
Page 7 of 144
AM
Ref. Text
MEP(s)
Gutiérrez
Prieto
Eider
Draft Opinion
Amendment
Comments
cultures of the Member States,
particularly through artistic and
literary creation;
Gardiazabal
Rubial
José Blanco
López
60
Laura Ferrara
Ab. whereas the purpose of
copyright has traditionally been to
strike a balance between the
opposing interests of stakeholders
by, on the one hand, ensuring
adequate
remuneration
for
creative work performed and
investments made and, on the
other, establishing a number of
exceptions to and limitations on
exclusive rights, in order to foster
the dissemination of creative
works;
+
Recital B a
Marietje
(new)
Schaake
Ba. Whereas the European
Commission and the Member
States are making considerable
investments in the digitization and
online accessibility of the rich
collections of Europe's cultural
heritage institutions, so that
citizens can enjoy access from
+
Recital A b
(new)
69
Page 8 of 144
AM
Ref. Text
MEP(s)
Draft Opinion
Amendment
Comments
everywhere on any device;
73
74
Bb. Whereas geoblocking is
common practice in Europe and
limits access to content to national
territory;
+
Laura Ferrara
Bb. whereas in the new digital
environment consumers are not
only users of creative works but
are also increasingly becoming
creators and distributors of their
own works, albeit not on a
commercial basis;
+
Jean-Marie
Bb. whereas any political initiative
concerning the digital single
market must be in keeping with
the Charter of Fundamental Rights
of the European Union, and in
particular Articles 11, 13, 14, 16,
17 and 22 thereof;
+
Bc. Whereas cultural diversity and
language
diversity
exceeds
national borders, with some
European languages spoken in
multiple countries;
+
Bc. whereas the harmonisation of
certain aspects of copyright and
related rights in the information
society sought by Directive
2001/29/EC
has
not
been
+
Recital B b
Marietje
(new)
Schaake
Recital B b
(new)
75
76
77
Recital B b
(new)
Cavada
Recital B c
Marietje
(new)
Schaake
Recital B c
(new)
Laura Ferrara
Page 9 of 144
AM
Ref. Text
MEP(s)
Draft Opinion
Amendment
Comments
achieved, in particular as regards
the exceptions and limitations for
which the directive provides;
78
79
Bd. Whereas European citizens
pay taxes for public broadcasting
and in some occasions private
copyright levies;
+
Laura Ferrara
Bd. whereas the failure to
harmonise laws on copyright and
related rights is hampering the
completion and operation of the
internal market provided for in the
Treaties;
+
Recital B e
Marietje
(new)
Schaake
Be. Whereas the establishment of
a fully functioning market for
copyright protected works in the
European Union, as necessitated
in particular by the Internet as the
primary means of providing
information and entertainment
services across the Member
States, requires common rules on
copyright in the EU that reflect
and integrate both the civil and
common law traditions of
copyright and authors' right
respectively;
+
Recital B d
Marietje
(new)
Schaake
Recital B d
(new)
80
Page 10 of 144
Ref. Text
MEP(s)
81
Recital B e
Laura Ferrara
Be. whereas the failure to
harmonise laws on copyright and
related rights and the resulting
restrictions on access to digital
content available on line are
viewed by the general public as
arbitrary and unpredictable, and
are thus a source of legal
uncertainty;
+
Recital B f
Marietje
(new)
Schaake
Bf. Whereas twenty years of
harmonization has brought only
partial harmonization on certain
aspects of the law of copyright in
the Member States of the EU;
+
Laura Ferrara
Bf. whereas in its communication
entitled ‘A single market for 21st
century Europe’ (COM(2007)0724),
the Commission emphasised the
need to promote the free
movement of knowledge and
innovation as a ‘fifth freedom’ in
the single market;
+
Julia Reda
Da. Whereas Article 52 of the
Charter of Fundamental Rights
establishes
a
principle
of
proportionality, according to
which any limitation on the
exercise of the rights and
freedoms recognised by this
Charter must be provided for by
law and respect the essence of
+
(new)
82
83
Recital B f
(new)
104
Recital D a
(new)
Josef
Weidenholzer
Draft Opinion
Amendment
Comments
AM
Page 11 of 144
AM
Ref. Text
MEP(s)
Draft Opinion
Amendment
Comments
those rights and freedoms, only if
they are necessary and genuinely
meet objectives of general interest
recognised by the Union or the
need to protect the rights and
freedoms of others;
107
Recital D b
(new)
Julia Reda
Db.
Whereas
the
Special
Rapporteur of the United Nations
in the field of cultural rights in her
report on copyright policy and the
right to science and culture
(A/HRC/28/57) highlights the key
role of exceptions and limitations
for creation, and the importance
of fair contractual terms for the
protection of authorship;
Josef
Weidenholzer
108
Recital E
József Szájer
E. whereas decisions on technical Deleted
standards can have a significant
impact on human rights –
including the right to freedom of
expression, protection of personal
data and user security – as well as
on access to content10 ;
+
-
10
Opinion of the European
Economic and Social Committee of
16 December 2014 on the
‘Communication
from
the
Commission to the European
Parliament, the Council, the
European Economic and Social
Committee and the Committee of
Page 12 of 144
AM
Ref. Text
MEP(s)
Draft Opinion
Amendment
Comments
the Regions: Internet policy and
governance – Europe’s role in
shaping the future of internet
governance’.
109
Recital E
Constance Le
Grip
on access to content10;
-
10
‘Communication
from
the
governance’.
110
Recital E
Jean-Marie
Cavada
Therese
Comodini
Cachia
-
Page 13 of 144
AM
Ref. Text
MEP(s)
Draft Opinion
Amendment
Comments
10
‘Communication
from
the
governance’.
111
Recital E
Therese
Comodini
Cachia
Pavel Svoboda
Marc Joulaud
Tadeusz
on access to content10 ;
-
10
Economic
and Social Committee of
Zwiefka
Bogdan
‘Communication
from
the
Commission
to
the
European
Brunon Wenta
Jean-Marie
Cavada
Mary
Honeyball
governance’.
Page 14 of 144
AM
Ref. Text
MEP(s)
Draft Opinion
Amendment
E. whereas decisions on technical
E. whereas technical standards can
have a significant impact on access
to content, and whereas in the
digital age in particular they can
establish a balance between
unrestricted reproduction of works
and the exclusive right to
reproduce works;
Comments
József Szájer
Giovanni Toti
Rosa Estaràs
Ferragut
Luis de
Grandes
Pascual
Sabine
Verheyen
113
Recital E
Angelika
Niebler
Axel Voss
10
‘Communication
from
the
-
Page 15 of 144
AM
Ref. Text
MEP(s)
Draft Opinion
Amendment
Comments
governance’.
116
Recital E a
Lidia Joanna
(new)
Geringer de
Oedenberg
117
Recital E a
(new)
119
Recital E a
(new)
Cecilia
Wikström
Laura Ferrara
Ea. Whereas the harmonious and
systematic development of the
Europeana digital library, which
was founded in 2008 as part of an
EU initiative, has made works
from Member States’ libraries
available;
+
Ea. Whereas the current highly
fragmented system of national
private copy levies constitutes a
deeply unfair,
flawed
and
outdated system for compensating
right holders for what amounts to
an
ordinary
and
perfectly
harmless use by consumers of
legally acquired content and
whereas there are no objective
and fair methods to redistribute
the so called compensation from
this use as there is no way to
establish which legally acquired
works citizens are copying in the
privacy of their own homes;
+
Ea. whereas the period during
which works are protected in the
digital environment is often out of
proportion to the time required in
order to recover creation costs and
to the average marketing life of
+
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AM
Ref. Text
MEP(s)
Draft Opinion
Amendment
Comments
works;
125
Recital E b
Laura Ferrara
Eb. whereas the EU legislative
authorities have a duty to
promote a clear legal framework
for copyright and related rights
that can be understood by all
stakeholders, in particular the
general public, and ensures legal
certainty;
+
Laura Ferrara
Ec. whereas when defining the
legal framework for copyright and
related rights account should be
taken of the need to promote
innovative
industrial
and
commercial
models,
taking
advantage of the opportunities
offered by new technologies, in
order to make EU businesses more
competitive;
+
Laura Ferrara
Ed.
whereas
technological
innovation can be a factor in legal
standards becoming obsolete, and
whereas in order to counter this
the legal framework for copyright
and related rights should be
simplified and modernised by
introducing an open standard
relating to the interpretation of
exceptions and limitations;
+
(new)
128
Recital E c
(new)
132
Recital E d
(new)
An open standard relating to the
interpretation of exceptions and
limitations is necessary, as their
application is no longer adapted to
the needs in the digital age. Some
system closer to the "faire use"
such as the "three step test" seems
Page 17 of 144
AM
Ref. Text
MEP(s)
Draft Opinion
Amendment
Comments
more convenient.
133
Recital E e
Laura Ferrara
(new)
136
Paragraph
Eva Paunova
1
+
Ee. whereas measures taken on an
individual basis by Member States
to extend the scope of protection
beyond the provisions of the EU
legal framework on copyright and
related rights make for legal
fragmentation which impedes the
functioning of the internal market
and increases legal uncertainty for
the public, and are therefore to be
deprecated;
1. Welcomes the Commission’s deleted
initiative
of
conducting
a
consultation on copyright, which
attracted great interest from civil
society with more than 9 500
replies, 58.7 % of which came from
end users11 ;
__________________
We do not understand why this
amendment
deletes
a
factual
reference.
11
Commission, DG MARKT, Report
on the responses to the Public
Consultation on the Review of the
EU Copyright Rules, July 2014, p. 5.
152
Paragraph
Virginie
2
Rozière
2. Notes with concern that the deleted
vast
majority
of
end-user
respondents
report
facing
problems when trying to access
online services across the Member
States,
particularly
where
Page 18 of 144
AM
Ref. Text
MEP(s)
Draft Opinion
Amendment
technological protection measures
are used to enforce territorial
restrictions;
153
Paragraph
József Szájer
Paragraph
Paragraph
2
deletes
a
factual
reference.
2. Notes with interest the diversity
of uses that technological
development offers to consumers
which may require further
assessment to put forward
measures for improving the
flexibility of the current legal
framework
to
respond
to
sustainable and actual demand on
online content available across
Member States;
Axel Voss
2. Notes with concern that the vast
majority of end-user respondents
report facing problems when
trying to access online services
across the Member States,
particularly where technological
protection measures are used to
enforce territorial restrictions;
2. Notes the way in which
technological progress makes for
diversity
of
use
and
competitiveness in Europe, and
emphasises the need to consider We do not understand why this
further measures to address the
issue of cross-border demand for amendment deletes a factual
online services on the basis of reference.
flexible legal conditions;
Jean-Marie
2. Notes with interest the
increased range of content that
has been available to users
lawfully since the implementation
of Directive 2001/29/EC;
2
156
amendment
2
155
Comments
Cavada
-
-
-
Page 19 of 144
AM
Ref. Text
157
Paragraph
2
MEP(s)
Constance Le
Grip
Marc Joulaud
Sabine
Verheyen
158
Paragraph
Angelika
2
Niebler
Draft Opinion
Amendment
Comments
-
2. Notes with interest the
increased range of content that
has been available to users
lawfully since the implementation
of Directive 2001/29/EC;
report facing problems when trying
to access online services across the
Member States, particularly where
technological protection measures
are used to enforce territorial
restrictions;
2. Notes that the vast majority of
end-user respondents (0.001% of
the population of the EU) report
facing problems when trying to
access online services across the
Member States, while institutional
users, authors, artists, publishers,
producers, broadcasters, collecting
societies and other intermediaries
and service providers and the
Member States confirm that EUwide - and in some cases even
worldwide - licences already exist
for a whole variety of works, that
there is no clear evidence of
problems in cross-border access,
for example, in the case of musical
works, that no further action at EU
level is necessary to increase the
cross-border
availability
of
content and that many problems
are not due to the territoriality of
copyright;
amendment
deletes
a
factual
reference.
The 0.001% figure is misleading as
it is not put in relation with the
number of respondents to the
consultation as a percentage of the
population of the EU, nor does the
amendment give the proportion
that the rightsholders represent.
The no evidence of problems in
cross border access is a bland
claim.
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MEP(s)
166
Paragraph
Sergio
2 a (new)
Gaetano
Cofferati
Lidia Joanna
Geringer de
Oedenberg
Evelyn Regner
167
Paragraph
Jean-Marie
2 a (new)
Cavada
Draft Opinion
Amendment
Comments
2a. Believes a reform of the EU
copyright system which moves
beyond the current fragmentation
among Member States to be
essential for full and proper
development of a digital single
market. Considers it important
therefore for there to be uniform
rules at European level, for the
current rules to be updated in
response to the dissemination of
new technologies and to user and
consumer behaviour, and for it to
be recognised that copyright
holders
need
to
receive
appropriate remuneration in the
context of a new negotiating
position vis-à-vis intermediaries;
+
2a. Notes that the creative and
cultural sectors, as represented by
authors, performers, publishers,
producers, broadcasters, collective
rights management bodies and
other rightholders, as well as the
majority of Member States, share
the view that the current legal
framework is suitable and
sufficiently flexible to address in a
sustainable way the demand for
content
available
on-line
throughout the Member States;
This amendment implies all
representatives of the creative and
cultural sectors share this view,
which is incorrect. For example,
libraries, which are recognized as
a fundamental part of the cultural
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Ref. Text
MEP(s)
Draft Opinion
Amendment
Comments
industry as well as of the
copyright-intensive industry, do
not share that view.
168
Paragraph
Constance Le
2 a (new)
Grip
Christian Ehler
Jean-Marie
Cavada
172
174
Paragraph
Jean-Marie
2 b (new)
Cavada
Paragraph
Christian Ehler
2 c (new)
Sabine
Verheyen
-
2a. Notes with concern the
growing number of illegal on-line
services and the increasing
incidence of piracy and, more
generally, of infringements of
Enforcement is out of scope.
intellectual property rights, a
trend that poses a serious threat
to Member States’ economies and
to creativity in the European
Union;
2b. Points out that copyrightintensive industries employ more
than seven million people in the
Union; asks the Commission,
therefore, to ensure that, in line
with the principles of better
regulation,
any
legislative
initiative to modernise copyright
be preceded by an exhaustive exante assessment of its impact in
terms of growth and jobs, as well
as its potential costs and benefits;
2c. Emphasises that a reform of
the EU's copyright acquis should
continue to strengthen Europe's
cultural and creative industries by
improving legal certainty in the
-
It is widely accepted that these
“statistics” are based on deeply
flawed
methodologies.
See
http://copyright4creativity.eu/myt
hs-facts/
Page 22 of 144
AM
187
Ref. Text
Paragraph
3
MEP(s)
Pascal Durand
Draft Opinion
3. Acknowledges the necessity for
authors and performers to be
provided with legal protection for
their creative and artistic work;
recognises the role of producers
and publishers in bringing works to
the market, and the need for
appropriate remuneration for all
categories of rightholders; calls for
improvements to the contractual
position of authors and performers
in relation to other rightholders
and intermediaries;
Amendment
Comments
digital sphere for all involved
parties, including rightholders,
businesses and users,
and
by setting
incentives
for
innovative licensing schemes
online and new business models
for online distribution of content,
thus allowing the sector to benefit
from the digital revolution while
safeguarding a balanced value
chain;
The reference to licensing and
3. Acknowledges the necessity for
authors and performers to be
provided with legal protection for
their creative and artistic work;
recognises the role of producers
and publishers in bringing works to
the market, and the need for
appropriate remuneration for all
categories of rightholders; calls for
improvements to the contractual
position of authors and performers
in relation to other rightholders
and intermediaries, as contractual
exchanges are often marked by an
imbalance of power between the
parties leading to corporations
retaining most of the resulting
profit, for instance through right
reversion that cannot be waived
by contract and that give creators
the possibility to retain the right
+
business models seems to imply
that all solutions will be marketdriven,
which
is
unrealistic
considering the breadth of content
and the differences in bargaining
powers.
As to the publications resulting
from publicly funded research,
which should be made available
open access “as soon as possible,
preferably immediately and in any
case no later than six months after
the date of publication” (according
to
the
Commission
Recommendation on access to and
preservation
of
scientific
information,
http://ec.europa.eu/research/scien
cesociety/document_library/pdf_06/
recommendation-access-andpreservation-scientificinformation_en.pdf),
authors
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MEP(s)
Draft Opinion
Amendment
to reclaim copyright interests they
have transferred after a set
number of years, providing them a
second opportunity to negotiate a
better return.
200
Paragraph
Julia Reda
3 c (new)
Josef
Weidenholzer
201
Paragraph
Julia Reda
3 d (new)
Christian Ehler
Josef
Weidenholzer
3c. Calls for the introduction of
Community provisions in the area
of contract law applicable to
copyright,
particularly
safeguarding authors' rights to
bring their works to the market in
case a rightholder has refrained
from making use of an exclusive
right to the work in question for
an extended period of time;
3d. Notes that the existing
definitions and scope of the
exclusive rights for reproduction,
for the communication to the
public and for the making
available to the public, and for
distribution, need clarification to
better fit the technological and
cross-border nature of digital
Comments
should be able to retain their
copyright while granting licences to
publishers,
and to re-use their
work for scholarly communication
and non-commercial activities,
preferably immediately and not
later than six months after the date
of the first publication. This would
ensure
a
contractual
balance looking at who bears
the actual costs of the publishing
process.
+
These provisions are very specific
and depend a lot on the sector of
creation (music, literature, cinema,
etc.) the contract regards. They
should at least be contemplated at
a regulation level, not in a
directive.
+
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MEP(s)
Draft Opinion
Amendment
Comments
exploitation acts, and to facilitate
the clearance of rights;
202
Paragraph
Ivan Jakovčić
3 e (new)
204
Paragraph
Angelika
3 g (new)
Niebler
3e. Points out that copyright is a
driving force for social and
economic development in the
broadest sense; notes that within
the EU the cultural and creative
industries which rely on copyright
generate 4.2% of GDP and provide
7 million jobs; notes that the
potential of this kind offered by
the cultural and creative industry
also derives from the fact that, in
the EU, rights last for 70 years
from the time of the author’s
death, in accordance with the
Berne Convention, which lays
down minimum standards for the
duration of protection;
-
flawed
methodologies.
See
hs-facts/
-
3g. Notes that the current legal
framework
provides
for
neighbouring
rights
for
performers,
phonogram Publishers are right holders and do
producers, film producers and not require additional rights to be
broadcasting companies, but not
for press publishers; calls on the created.
Commission, therefore, to analyse
whether neighbouring rights for
press publishers can provide
appropriate
protection
and
remuneration for their work in a
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Ref. Text
MEP(s)
Draft Opinion
Amendment
Comments
digital media world;
205
Paragraph
+
Laura Ferrara
3 h (new)
218
Paragraph
4
Juan Fernando 4. Considers the introduction of a
single European Copyright Title on
López Aguilar
the basis of Article 118 TFEU that
would apply directly and uniformly
Sergio
across the EU, in accordance with
Gutiérrez
the Commission’s objective of
Prieto
better regulation, as a legal
means to remedy the lack of
Eider
harmonisation
resulting from
Gardiazabal
Directive 2001/29/EC;
3h. Calls on the Commission to
restore balance to copyright
holders’ contractual powers by
imposing a reasonable period for
the use of rights transferred by The Italian legislation on the
them to third parties, after which publishing contract could be a
reference model, providing terms
those rights would lapse;
and warranties for authors.
4. Urges the Commission to put
forward formulas to remedy the
lack of harmonisation resulting
from Directive 2001/29/EC, taking
into account the need to provide
balanced solutions that will help
to overcome and/or improve
cross-border access and portability
of products and services based on
new consumer demands;
+
Rubial
José Blanco
López
222
Paragraph
4
Julia Reda
Victor
Negrescu
Mary
Honeyball
4. Considers the introduction of a 4. Invites the Commission to
explore the introduction of a single
single European Copyright Title on
European Copyright Title based on
the basis of Article 118 TFEU that Article 118 TFEU that would apply
directly and uniformly across the
would apply directly and uniformly
Union as a legal means to remedy
across the EU, in accordance with the lack of harmonisation
-
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Ref. Text
MEP(s)
Josef
Weidenholzer
Dietmar
Köster
Mady Delvaux
229
Paragraph
Julia Reda
4 b (new)
Josef
Draft Opinion
Paragraph
Evelyn Regner
4 d (new)
Josef
Weidenholzer
248
Paragraph
5
Sergio
Gaetano
Cofferati
Lidia Joanna
Comments
the Commission’s objective of resulting
from
Directive
2001/29/EC and to improve legal
better regulation, as a legal means
certainty in line with the
to
remedy
the
lack
of Commission's objective of better
regulation; therefore calls on the
harmonisation resulting from
Commission to study the impact of
a single European Copyright Title
on digital jobs and innovation, and
on the preservation of consumers'
access to regional cultural
diversity;
Weidenholzer
231
Amendment
5. Recommends that the EU
legislator further lower the barriers
to the re-use of public sector
information by exempting works
produced by the public sector – as
part of the political, legal and
administrative process – from
4b. Notes the adoption by the
Commission of legal instruments
aiming at removing obstacles to
bringing out the full economic
potential from the exploitation of
public sector information, and
allowing the re-use of such
information even in the presence
of intellectual property rights;
+
4d. Considers the introduction of a
single European Copyright Title as
a long term project, which should
be progressed
+
legislator, to protect the public
interest, further lower the barriers
+
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Ref. Text
MEP(s)
Geringer de
Draft Opinion
copyright protection;
administrative process
legislator further lower the barriers
administrative process – from
legislator should, while protecting
personal information, further
lower the barriers for re-use of
public sector information by
exempting official works, which
are produced by government
employees as part of their official
duty within the political, legal and
administrative
process,
from
+
5a. Recalls the adoption of
Directive 2013/37/EU on 26 June
2013 on the re-use of public sector
information, which provides a
common legal framework for an
EU market for government-held
data (public sector information)
and includes provisions on
transparency and competition;
+
Oedenberg
250
Paragraph
5
Julia Reda
Victor
Negrescu
Josef
Weidenholzer
251
Paragraph
Angel
5 a (new)
Dzhambazki
Sajjad Karim
252
Paragraph
6
Constance Le
Grip
Comments
Amendment
6. Calls on the Commission to deleted
safeguard public domain works,
which are by definition not subject
to copyright protection and should
therefore be able to be used and
re-used without technical or
contractual barriers; also calls on
the Commission to recognise the
–
from
This
amendment
deletes
an
important statement, notably as
Page 28 of 144
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Ref. Text
MEP(s)
Draft Opinion
freedom of rightholders to
voluntarily relinquish their rights
and dedicate their works to the
public domain;
253
Paragraph
József Szájer
public domain;
Angel
public domain;
6
254
Paragraph
6
Dzhambazki
Sajjad Karim
255
Paragraph
6
Axel Voss
Amendment
Comments
regards
the
undertaken
digitisation
by
libraries
work
and
archives.
-
This
amendment
deletes
an
important statement, notably as
regards
the
undertaken
digitisation
by
libraries
work
and
archives.
6. Calls on the Commission to delete
Page 29 of 144
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Ref. Text
MEP(s)
Draft Opinion
public domain;
256
Paragraph
6
Therese
Comodini
Cachia
Eva Paunova
Pavel Svoboda
Marc Joulaud
József Szájer
Giovanni Toti
Luis de
public domain;
Amendment
Comments
-
-
Grandes
Pascual
Rosa Estaràs
Ferragut
Sabine
Verheyen
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Ref. Text
MEP(s)
257
Paragraph
Jean-Marie
6
259
Paragraph
6
Draft Opinion
Amendment
Comments
-
6. Calls on the Commission to
public domain;
The second part of the original text
contractual barriers;
also expresses an important aspect
Juan Fernando 6. Calls on the Commission to
López Aguilar
Sergio
Gutiérrez
Prieto
Eider
Gardiazabal
Rubial
public domain;
José Blanco
The second part of the original text
contractual barriers;
also expresses an important aspect
Cavada
of public domain and should hence
not be deleted.
-
of public domain and should hence
not be deleted.
López
260
Paragraph
Helga Trüpel
6
Heidi Hautala
+
Page 31 of 144
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261
Ref. Text
Paragraph
MEP(s)
Amendment
public domain;
contractual barriers; calls on the
Commission to examine whether
individual works may be removed
from the catalogue by collecting
societies for free licences / public
domain use at the request of the
author; also calls on the
Commission to examine whether
rightholders may be given the
right to voluntarily relinquish their
user rights and dedicate their
works to the public domain;
The initiative to give the right to
voluntarily relinquish their works
to the public domain can be very
interesting. Maybe consolidating
systems such as the Creative
Commons licences can help on this
regard.
Laura Ferrara
public domain;
voluntarily relinquish their rights,
in whole or in part, including the
possibility of dedicating their
works to the public domain;
+
Victor
to copyright protection, and
therefore should be used and reused
without
technical
or
+
6
263
Paragraph
6
Comments
Draft Opinion
Negrescu
Page 32 of 144
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264
Ref. Text
Paragraph
6
MEP(s)
Julia Reda
Victor
Negrescu
Josef
Weidenholzer
277
Paragraph
7
Cecilia
Wikström
Comments
Draft Opinion
Amendment
public domain;
contractual barriers; therefore
urges the Commission to clarify
that once a work is in the public
domain, any digitisation of the
work which does not constitute a
new, transformative work, stays in
the public domain; also calls on the
Commission to recognise the
freedom of authors to dedicate
their works to the public domain;
public domain;
to copyright protection, and
therefore should be used and reused
without
technical
or
contractual barriers; therefore
urges the Commission to clarify
that once a work is in the public
domain, any digitisation of the
work which does not constitute a
new, transformative work, stays in
the public domain; also calls on the
Commission to recognise the
freedom of authors to dedicate
their works to the public domain;
+
harmonise the term of protection
of copyright to a duration that
does not exceed the current
international standards set out in
explore
the
possibility
to
significantly shorten the duration
of the harmonised terms of
protections of copyright within the
Shortening
framework of a modern trade
+
the
duration
of
Page 33 of 144
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278
Ref. Text
Paragraph
7
MEP(s)
Tonino Picula
Draft Opinion
Amendment
the Berne Convention;
policy agenda;
of copyright to a duration that does
not
exceed
the
current
not
exceed
the
current
the Berne Convention; points out
to the Commission that copyright
is a driving force for social and
economic development in the
broadest sense; notes that, with a
turnover on the EU market
exceeding EUR 535 billion, the
cultural and creative industries
that rely on copyright generate
4.2% of GDP within the EU and
provide 7 million jobs (for local –
and mainly younger – people);
notes that, by offering stable
employment especially at a time
of crisis, they are proving highly
resilient to the economic crisis and
are consequently holding out
immense economic potential;
notes that the potential of this
kind offered by the cultural and
creative industry also derives from
the fact that, in the EU, in
accordance with the Berne
Convention, which lays down
minimum standards for the
Comments
protection of works would allow a
further use of them and therefore
impulse creativity.
-
flawed
methodologies.
See
hs-facts/
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MEP(s)
Draft Opinion
Comments
Amendment
duration of protection, rights last
for 70 years from the time of the
author’s death;
279
of copyright to a duration that
does not exceed the current
maintain the high level of
harmonisation of the term of
protection of copyright,
in
accordance with the Berne
Convention; emphasises that the
term of protection for holders of
related rights should also be
harmonised;
-
Laura Ferrara
not
exceed
the
current
of copyright and related rights to a
duration that does not exceed the
current international standards set
out
in
the
Berne
Convention, taking into account
the time needed to recover
investment costs, the average
marketing life of a work and the
public
interest
in
the
dissemination of creative works;
+
Paragraph
Helga Trüpel
7. Calls on the Commission to 7. Calls on the Commission to
7
Heidi Hautala
harmonise the term of protection harmonise the term of protection
+
Paragraph
Virginie
7
Rozière
Jean-Marie
Cavada
280
Paragraph
7
282
of copyright to a duration that does of copyright to a duration that does
not
exceed
the
current not
fall
below
the
current
international standards set out in international standards set out in
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MEP(s)
Draft Opinion
Comments
Amendment
the
Berne
while
Convention,
refraining
from
extension
of
any
the
further
terms
of
protection;
283
Paragraph
Julia Reda
7a. Notes that the current legal
7 a (new)
Josef
Acquis
Weidenholzer
harmonisation of exclusive rights,
recognises
whereas
exceptions
limitations to
remain
the
full
+
and
exclusive rights
optional
and
not
harmonised;
284
Paragraph
Julia Reda
7b. Notes the significant number
7 b (new)
Josef
of suggestions that have been put
Weidenholzer
forward in the replies to the
+
consultation of the Commission on
the review of the EU copyright
rules, to introduce new exceptions
and limitations to exclusive rights,
as well as broadening the scope of
existing exceptions;
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MEP(s)
286
Paragraph
Laura Ferrara
8
Draft Opinion
Comments
Amendment
8. Calls on the EU legislator to 8. Calls on the EU legislator to
remain faithful to the objective remain faithful to the objective
+
stated in Directive 2001/29/EC of stated in Directive 2001/29/EC of
safeguarding
a
fair
balance safeguarding
a
fair
balance
between the different categories of between the different categories of
rightholders and users of protected rightholders and users of protected
subject-matter, as well as between content, as well as between the
the
different
rightholders;
288
Paragraph
Pascal Durand
categories
of different
categories
of
rightholders;
8a. Recalls that Member States
have a positive obligation to
8 a (new)
+
provide for a robust and flexible
system of copyright exceptions
and limitations in order to honour
their human rights obligations
289
Paragraph
Juan Fernando
8b.
8 b (new)
López Aguilar
legislative change in this field
Sergio
should guarantee people with
Gutiérrez
disabilities access to works and
Prieto
services protected by copyright
Eider
and related rights and should be
Emphasises
that
any
+
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MEP(s)
Draft Opinion
Comments
Amendment
Gardiazabal
adapted
Rubial
environment;
to
the
digital
José Blanco
López
290
Paragraph
9
Marie-
9. Notes that exceptions and 9. Notes that digital and analogue
Christine
limitations
Boutonnet
environment should be enjoyed therefore use should be made of
in
the
digital markets are different, and that
-
without any unequal treatment as the techniques introduced since
compared with those granted in the entry into force of Directive
the analogue world;
291
Paragraph
9
2001/29/EC;
Enrico
9. Notes that exceptions and 9. Urges the Commission to adapt
Gasbarra
limitations
in
the
digital and standardise the exceptions
-
environment should be enjoyed and limitations that are permitted
without any unequal treatment as in the regulatory framework of the
compared with those granted in analogue
the analogue world;
world
to
the
new
scenario represented by the digital
paradigm, and in particular by
cloud computing technologies;
292
Paragraph
9
Jean-Marie
9. Notes that exceptions and 9. Notes that exceptions and
Cavada
limitations
Virginie
environment should be enjoyed a way as to take account of the
in
the
digital limitations must be applied in such
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MEP(s)
Rozière
Draft Opinion
Comments
Amendment
without any unequal treatment as particular
respective
compared with those granted in characteristics of the digital and
the analogue world;
293
Paragraph
József Szájer
9
analogue environments;
9. Notes that exceptions and 9.
limitations
in
the
Notes
that
technological
digital changes have led to renewed
environment should be enjoyed interest
in
exceptions
-
and
without any unequal treatment as limitations, especially their role in Exceptions and limitations do not
compared with those granted in the
the analogue world;
digital
environment
and ‘serve the public’ only and the
considers that the rights enjoyed interest in them has always been
by the creators of work in the high.
digital world should be identical to
those enjoyed in the analogue
world, subject to the exceptions
and limitations set out. Recognises
that
further
exceptions
analysis
and
of
limitations
the
is
sought so as to consider how these
can serve the public in the digital
age;
294
Paragraph
9
Inês Cristina
9. Notes that exceptions and 9. Notes that exceptions should be
Zuber
limitations
in
the
digital used for the purposes for which
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MEP(s)
Draft Opinion
Comments
Amendment
environment should be enjoyed they were designed and not to Does this amendment mean that
without any unequal treatment as create new business models;
innovation is prohibited?
compared with those granted in
the analogue world;
296
Paragraph
9
-
Constance Le
Grip
limitations
Marc Joulaud
environment should be enjoyed environment cannot be enjoyed in
Sabine
without any unequal treatment as the same way in the digital Technological
Verheyen
compared with those granted in environment and in the analogue cornerstone of EU policy-making
in
the
the analogue world;
digital limitations
in
the
digital
neutrality
is
a
environment; calls for exceptions and the fact that markets may be
and limitations to be tailored to different
does
not
necessarily
the environment in which they imply that the principles that
apply;
should apply to it should not be
(The two markets do not operate in
identical.
the same way at all.)
297
Paragraph
9
Therese
Comodini
limitations
Cachia
Eva Paunova
Pavel Svoboda
József Szájer
in
the
Notes
that
technological
-
and Exceptions and limitations do not
‘serve the public’ only and the
without any unequal treatment as limitations, especially their role in interest in them has always been
compared with those granted in the digital environment and high.
in
exceptions
considers that the rights enjoyed There is already evidence based on
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MEP(s)
Giovanni Toti
Draft Opinion
the analogue world;
Comments
Amendment
Luis de
by the creators of work in the about 10 years of analysis, most of
which commissioned by the
European Commission, so there is
those enjoyed in the analogue no need of “further analysis”. It is
time to act.
Grandes
and limitations set out. Recognises
Pascual
that
Milan Zver
exceptions
Sabine
sought so as to consider how these
Verheyen
can serve the public in the digital
Rosa Estaràs
Ferragut
further
analysis
and
of
limitations
the
is
age;
298
Paragraph
9
Mary
Honeyball
limitations
Silvia Costa
in
the
Notes
that
technological
in exceptions
-
and
without any unequal treatment as limitations, especially their role in Exceptions and limitations do not
compared with those granted in the
the analogue world;
digital
environment
and ‘serve the public’ only and the
considers that the rights enjoyed interest in them has always been
by the creators of work in the high.
There is already evidence based on
those enjoyed in the analogue about 10 years of analysis, most of
which commissioned by the
European Commission, so there is
and limitations set out. Recognises no need of “further analysis”. It is
time to act.
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Ref. Text
MEP(s)
Draft Opinion
Comments
Amendment
that
further
analysis
of
the
application of the exceptions and
limitations is required so as to
consider how these can serve the
public in the digital age;
299
Paragraph
Tonino Picula
9
limitations
in
the
digital limitations
in
environment should be enjoyed environment
the
too
digital
should
-
be Does this amendment mean that
without any unequal treatment as enjoyed solely for their intended innovation is prohibited? By the
compared with those granted in purposes;
the analogue world;
considers
that
the way, exceptions and limitations do
purpose of their establishment not in general give rise to royalties
must not be to create new and have to comply with the 3-step
business models whereby authors’ test of the Berne Convention.
works would be exploited by
applying
exceptions
and
limitations in such a way as to
deny authors the royalties arising
from the use of their works;
300
Paragraph
Angelika
9. Notes that exceptions and 9. Calls on the Commission to give
9
Niebler
limitations
in
the
digital careful consideration to the extent
-
environment should be enjoyed to which it is feasible directly to
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Draft Opinion
Comments
Amendment
without any unequal treatment as transfer exceptions and limitations
compared with those granted in from the analogue world to a
the analogue world;
digital environment; stresses, at
the same time, that the right of
the creator to protection of his or
her creative works must continue
to apply in the digital age;
302
Paragraph
Axel Voss
9. Notes that exceptions and 9. Notes that the rights and
limitations
9
in
the
digital protection of creators in the digital
-
environment should be enjoyed environment should be enjoyed
without any unequal treatment as without any unequal treatment as
compared with those granted in compared with those granted in
the analogue world;
306
Paragraph
Laura Ferrara
the analogue world;
Highlights
the
advisability
of
9–
introducing new exceptions and
subparagra
limitations which should take into
ph 1 (new)
account
+
technological
developments and new forms of
both the expression and the use of
works in a digital environment;
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307
Paragraph
Draft Opinion
Juan Fernando 10.
Views
with
concern
Amendment
the deleted
López Aguilar
increasing impact of differences
Sergio
among Member States in the
Gutiérrez
implementation
Prieto
which creates legal uncertainty
Eider
and has direct negative effects on
Gardiazabal
the functioning of the digital
Rubial
single market, in view of the
José Blanco
development
López
activities;
Paragraph
Virginie
10.
10
Rozière
10
308
MEP(s)
Views
of
of
with
Comments
-
exceptions,
cross-border
concern
the deleted
implementation
of
exceptions,
development
of
cross-border
activities;
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309
Paragraph
10
MEP(s)
Draft Opinion
Marie-
10.
Christine
Boutonnet
Views
with
implementation
concern
of
Comments
Amendment
-
the deleted
exceptions,
development
of
cross-border
activities;
310
Paragraph
10
Angel
10.
Dzhambazki
increasing impact of differences Member State to tailor exceptions
Sajjad Karim
among Member States in the in accordance with their market
Views
with
implementation
concern
of
the 10. Notes the right of each
-
exceptions, and traditions and in line with the
which creates legal uncertainty principles
of
subsidiarity
and has direct negative effects on proportionality;
and
However,
the functioning of the digital Member States may consider that
single market, in view of the some exceptions may benefit from
development
activities;
of
cross-border common approaches and any
exceptions
pursued
should aim
to stimulate economic growth, the
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Draft Opinion
Comments
Amendment
development of the Digital Single
Market and competitiveness;
311
Paragraph
10
Marie-
10.
Christine
increasing impact of differences State may continue to legislate on
Boutonnet
among Member States in the the basis of respect for and
Views
with
implementation
concern
of
the 10. Recalls that each Member
-
exceptions, conservation and promotion of its
which creates legal uncertainty cultural identity, contributing to
and has direct negative effects on the cultural richness of Europe;
development
of
cross-border
activities;
312
Paragraph
10
Constance Le
10.
Grip
increasing impact of differences optional exceptions in Directive
Views
with
concern
the 10. Observes that the list of 20
among Member States in the 2001/29/EC
implementation
of
has
permitted
-
a
exceptions, flexibility of implementation which
which creates legal uncertainty was necessary in order to take
and has direct negative effects on account of the diversity of the
the functioning of the digital legal traditions of the Member
single market, in view of the States and their cultural policies,
development
of
cross-border while
ensuring
the
proper
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Comments
Amendment
activities;
functioning of the internal market
and respecting the principles of
proportionality and subsidiarity;
313
Paragraph
József Szájer
10.
Views
with
concern
the 10. Notes the importance of
increasing impact of differences European
10
among Member States in the which
implementation
cultural
provides
diversity,
-
opportunities Harmonisation ‘on a case-by-case’
exceptions, rather than obstacles to the Single basis is antinomic.
of
which creates legal uncertainty Market,
and has direct negative effects on possible
and
notes
differences
that
the
in
the
the functioning of the digital single implementation of exceptions may
market,
in
view
development
of
of
the be handled on a case-by-case basis
cross-border and market driven solutions , to
avoid legal uncertainty and to
activities;
protect the functioning of the
digital single market, in view of the
development
of
cross-border
activities;
314
Paragraph
Angelika
10.
10
Niebler
increasing impact of differences Member
Views
with
concern
the 10. Stresses the importance of
States’
room
for
-
among Member States in the manoeuvre in the implementation
implementation
of
exceptions, of
exceptions,
which
reflects
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MEP(s)
Draft Opinion
Amendment
Comments
which creates legal uncertainty specific cultural and economic
and has direct negative effects on features in the Member States;
development
of
cross-border
activities;
315
Paragraph
10
-
Jean-Marie
10.
Cavada
increasing impact of differences manoeuvre left to Member States
Virginie
among Member States in the under the subsidiarity principle This contradicts the results of the
Rozière
implementation
Views
with
concern
of
the 10. Notes that the room for
exceptions, has made it possible to adapt the copyright consultation.
which creates legal uncertainty exceptions to social and economic
and has direct negative effects on realities in the Member States
the functioning of the digital without creating obstacles to the
single market, in view of the functioning of the internal market;
development
of
cross-border
activities;
316
Paragraph
10
-
Mary
10.
Honeyball
increasing impact of differences European cultural diversity, which
Theresa
among Member States in the provides opportunities rather than Harmonisation ‘on a case-by-case’
Griffin
implementation
Views
with
concern
of
exceptions, obstacles to the Single Market, basis is antinomic.
which creates legal uncertainty and notes that the differences in
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Draft Opinion
Comments
Amendment
and has direct negative effects on the implementation of exceptions
the functioning of the digital may have negative effects on the
single market, in view of the functioning of the internal market,
development
cross-border and may also lead to legal
of
activities;
uncertainty, but that these should
be handled on a case-by-case
basis, while stressing that works
of
cultural
value
should
be
available to all to be enjoyed but
should also be subject to copyright
protection;
317
Paragraph
10
Therese
10.
Comodini
increasing impact of differences European
Cachia
among Member States in the which
Marc Joulaud
implementation
Mary
which creates legal uncertainty Market,
Honeyball
and has direct negative effects on possible
József Szájer
the functioning of the digital single implementation of exceptions may
Giovanni Toti
market,
Luis de
development
Grandes
activities;
Views
in
with
concern
of
view
of
cultural
provides
diversity,
-
opportunities
exceptions, rather than obstacles to the Single
of
and
notes
differences
that
the
in
the
the be handled on a case-by-case basis
cross-border and market driven solutions , to
avoid legal uncertainty and to
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MEP(s)
Draft Opinion
Comments
Amendment
Pascual
protect the functioning of the
Rosa Estaràs
digital single market, in view of the
Ferragut
development
Sabine
activities;
of
cross-border
Verheyen
319
Paragraph
Laura Ferrara
10.
Views
with
concern
the 10. Views with concern, in view of
increasing impact of differences the development of cross-border
10
+
among Member States in the activities, the increasing impact of
implementation
exceptions, the lack of uniformity among
of
which creates legal uncertainty and Member
States
has direct negative effects on the implementation
in
of
the
exceptions,
functioning of the digital single which creates legal uncertainty and
market,
in
development
view
of
of
the has direct negative effects on the
cross-border functioning of the digital single
activities;
market, on the incentive to create
and promote innovative industrial
and
trade
models
and
on
concern
the
competition;
320
Paragraph
10
Sergio
10.
Gaetano
increasing impact of differences increasing impact of differences
Cofferati
among Member States in the among Member States in the
Views
with
concern
the 10.
Views
with
+
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MEP(s)
Draft Opinion
Comments
Amendment
Lidia Joanna
implementation
Geringer de
which creates legal uncertainty and which creates legal uncertainty for
Oedenberg
has direct negative effects on the authors and users and has direct
of
exceptions, implementation
of
exceptions,
functioning of the digital single negative effects on the functioning
market,
in
view
development
of
cross-border of the development of cross-
of
border activities;
activities;
321
Paragraph
10
the of the digital single market, in view
Julia Reda
10.
Christian Ehler
increasing impact of differences increasing impact of differences
Josef
among Member States in the among Member States in the
Weidenholzer
implementation
Views
with
concern
of
the 10.
Views
with
exceptions, implementation
concern
of
the
+
exceptions,
which creates legal uncertainty and which creates legal uncertainty and
has direct negative effects on the has direct negative effects on the
functioning of the digital single functioning of the digital single
market,
in
development
activities;
view
of
of
the market,
in
cross-border development
activities
view
of
and
of
the
cross-border
EU
global
competitiveness and innovation;
322
Paragraph
Pascal Durand
10a. Emphasizes that industry
geoblocking practices should not
+
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Comments
Amendment
prevent cultural minorities living
10 a (new)
in
EU
Member
States
from
accessing existing contents or
services in their language that are
either free or paid for;
327
Paragraph
11
Kostas
11. Calls on the Commission to delete
Chrysogonos
make
mandatory
exceptions
referred
and
to
all
limitations
in
-
the
Directive
Only harmonisation can create
legal
certainty
2001/29/EC, to allow equal access
businesses
to cultural diversity across borders
market.
for
in a
users
and
digital single
within the internal market and to
improve legal certainty;
328
Paragraph
11
Constance Le
Grip
make
mandatory
exceptions
referred
and
to
all
the
-
limitations
in
Directive
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MEP(s)
Draft Opinion
329
Paragraph
Virginie
11
Rozière
make
mandatory
exceptions
referred
and
to
Amendment
all
Comments
-
the
limitations
in
Directive
330
Paragraph
Angelika
11
Niebler
make
mandatory
exceptions
referred
and
to
all
limitations
in
-
the
Directive
legal
certainty
businesses
market.
for
in a
users
and
digital single
331
Paragraph
11
Kostas
Chrysogonos
make
({GUE/NGL}on
exceptions
behalf of the
referred
GUE/NGL
mandatory
and
to
all
the
-
limitations
in
Directive
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MEP(s)
Draft Opinion
Amendment
Group)
Jiří Maštálka
Comments
332
Paragraph
11
Marie-
Christine
make
Boutonnet
exceptions
mandatory
referred
and
to
all
the
limitations
in
-
Directive
333
Paragraph
Eva Paunova
make
11
-
mandatory
exceptions
referred
and
to
all
the
limitations
in
Directive
legal
certainty
businesses
market.
for
in a
users
and
digital single
334
Paragraph
Axel Voss
make
mandatory
all
the ensure that all the exceptions and
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MEP(s)
11
Draft Opinion
Comments
Amendment
exceptions and limitations referred limitations referred to in Directive Only harmonisation can create
to in Directive 2001/29/EC, to 2001/29/EC
are
implemented legal
certainty
allow equal access to cultural appropriately, that equal access to businesses
for
in a
users
and
digital single
diversity across borders within the cultural diversity across borders market.
internal market and to improve within the internal market is
promoted and that legal certainty
legal certainty;
is improved, taking account of the
subsidiarity
principle,
specific
cultural and legal features in the
Member States and the clearly
demonstrated cross-border impact
of the exceptions and limitations
concerned;
335
Paragraph
11
Jean-Marie
Cavada
make
mandatory
all
-
the ensure the proper application of
exceptions and limitations referred the exceptions and limitations and Only harmonisation can create
to in Directive 2001/29/EC, to to provide all the information legal
certainty
allow equal access to cultural necessary to promote equal access businesses
for
in a
users
and
digital single
diversity across borders within the to cultural diversity across borders market.
internal market and to improve within the internal market and to
legal certainty;
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Comments
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Ref. Text
336
Paragraph
Tadeusz
11. Calls on the Commission to 11. underlines that the exceptions
11
Zwiefka
make
Bogdan
exceptions and limitations referred Directive 2001/29/EC should be Only harmonisation can create
mandatory
Amendment
all
-
the and limitations referred to in
Brunon Wenta to in Directive 2001/29/EC, to implemented in a way to allow legal
certainty
allow equal access to cultural equal access to cultural diversity businesses
for
in a
users
and
digital single
diversity across borders within the across borders within the internal market.
internal market and to improve market and to improve legal
legal certainty;
337
Paragraph
11
certainty;
Juan Fernando 11. Calls on the Commission to 11. Calls on the Commission to
López Aguilar
make
Sergio
exceptions and limitations referred harmonisation
Gutiérrez
to in Directive 2001/29/EC, to exceptions and limitations referred
Prieto
allow equal access to cultural to in Directive 2001/29/EC, to
Eider
diversity across borders within the allow equal access to cultural
Gardiazabal
internal market and to improve diversity across borders within the
Rubial
legal certainty;
mandatory
all
the examine
a
minimum
of
all
of
-
the
internal market and to improve
José Blanco
legal certainty;
López
338
Paragraph
11
Angel
Dzhambazki
make
Sajjad Karim
exceptions
mandatory
and
all
the enhance
limitations information
the
provision
to
of
-
creators Only harmonisation can create
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MEP(s)
Draft Opinion
referred
to
in
Comments
Amendment
Directive and consumers
legal
2001/29/EC, to allow equal access regarding exceptions
certainty
and businesses
for
in a
users
and
digital single
to cultural diversity across borders limitations in all Member States to market.
within the internal market and to improve legal certainty;
339
Paragraph
József Szájer
make
11
-
mandatory
all
the ensure the proper implementation
exceptions and limitations referred of
all
the
exceptions
and Only harmonisation can create
to in Directive 2001/29/EC, to limitations referred to in Directive legal
certainty
allow equal access to cultural 2001/29/EC, and to provide all businesses
for
in a
users
and
digital single
diversity across borders within the necessary information to promote market.
internal market and to improve an equal access to cultural diversity
across borders within the internal
legal certainty;
market and to improve legal
certainty, while ensuring respect
for the principle of subsidiarity,
cultural diversity and evidence of
clear cross-border impact;
340
Paragraph
11
Cecilia
Wikström
make
mandatory
all
the propose a list of mandatory
+
exceptions and limitations referred exceptions and limitations in its
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Draft Opinion
Comments
Amendment
to in Directive 2001/29/EC, to review of Directive 2001/29/EC, as
allow equal access to cultural this would allow equal access to
diversity across borders within the cultural diversity across borders
internal market and to improve within the internal market and
legal certainty;
341
Paragraph
Lidia Joanna
11
Geringer de
make mandatory all the exceptions make uniform and mandatory all
Oedenberg
and limitations referred to in the exceptions and limitations
Directive 2001/29/EC, to allow referred
to
in
+
Directive
equal access to cultural diversity 2001/29/EC, to allow equal access
across borders within the internal to cultural diversity across borders
market and to improve legal within the internal market and to
certainty;
343
Paragraph
11
-
Therese
Comodini
make
Cachia
exceptions and limitations referred of
Luis de
to in Directive 2001/29/EC, to limitations referred to in Directive legal
Grandes
allow equal access to cultural 2001/29/EC, and to provide all businesses
Pascual
diversity across borders within the necessary information to promote market.
Rosa Estaràs
internal market and to improve an equal access to cultural diversity
Ferragut
legal certainty;
mandatory
all
the ensure the proper implementation
all
the
exceptions
and Only harmonisation can create
certainty
for
in a
users
and
digital single
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Draft Opinion
Comments
Amendment
Marc Joulaud
Pavel Svoboda
certainty, while ensuring respect
Jean-Marie
for the principle of subsidiarity,
Cavada
cultural diversity and evidence of
József Szájer
clear cross-border impact;
Giovanni Toti
Sabine
Verheyen
344
Paragraph
11
Mary
Honeyball
make
mandatory
all
the examine
the
application
-
of
exceptions and limitations referred minimum standards across the Only harmonisation can create
to in Directive 2001/29/EC, to exceptions and limitations, and legal
certainty
allow equal access to cultural further to ensure the proper businesses
for
in a
users
and
digital single
diversity across borders within the implementation of the exceptions market.
internal market and to improve and limitations referred to in
legal certainty;
Directive
2001/29/EC,
and
an
equal access to cultural diversity
certainty;
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345
Paragraph
Pascal Durand
346
Draft Opinion
Comments
Amendment
11a. Stresses that the "three-step
test"
Paragraph
law should serve to encourage the This test is well-known by
establishment
of
a
solid European courts and would allow
more
flexibility
within
the
and flexible
system
of framework
of
the
Berne
Convention.
exceptions and limitations;
Flexibility has a key role in the
system
of
exceptions
and
limitations, but it is not so
nowadays. European Directives
should seek to encourage a less
rigid system in the Member States'
legislations
11b. Urges the European legislator
11 b (new)
Pascal Durand
of international
copyright
+
11 a (new)
to ensure that all citizens can
+
enjoy at national level, judicial or
administrative
enabling
to
implementation
procedures
request
and
the
expansion
of exceptions and limitations to
assure
their constitutional
and
human rights;
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Comments
AM
Ref. Text
Amendment
348
Paragraph
Marietje
11d.
11 d (new)
Schaake
mandatory exceptions beneficial
Calls
for
expanding
+
for public interest institutions,
such as libraries, museums and
archives, which play a central role
in facilitating online access to
cultural heritage, and access to
information that allows them to
make protected works in their
collections,
that
are
not
in
commercial circulation anymore,
or otherwise actively managed by
their rights holders, available for
online access by the public;
349
Paragraph
11 e (new)
Julia Reda
11e.
Temporary
acts
of
reproduction, which are transient
+
or incidental [and] an integral and
essential part of a technological
process and whose sole purpose is
to enable:
(a) a transmission in a network
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Draft Opinion
Comments
Amendment
between third parties by an
intermediary, or
(b) a lawful use of a work or other
subject-matter to be made, and
which
have
economic
no
independent
significance,
should
remain a mandatory exception.
350
Paragraph
Sergio
11f. Considers it necessary to
11 f (new)
Gaetano
strengthen
Cofferati
institutions of public interest, such
Lidia Joanna
as
Geringer de
archives, in order to promote
Oedenberg
wide-ranging access to cultural
Evelyn Regner
heritage, including through online
libraries,
exceptions
for
museums
+
and
platforms;
351
Paragraph
Virginie
11g. Calls on the Commission to
11 g (new)
Rozière
consider with care the possibility
Mady Delvaux
of
making
certain
-
exceptions
mandatory where the purpose is This amendment implies that any
to protect fundamental rights, exception
particularly
to
should
result
into
combat compensation (e.g. levies), which is
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Draft Opinion
Comments
Amendment
discrimination or protect freedom not true, as harm first needs to be
of the press; realls in this context evidenced.
that fair compensation should be
provided for these exceptions;
353
Paragraph
Marietje
11i. Calls on the Commission to
11 i (new)
Schaake
introduce
new
mandatory
+
exceptions, such as for usergenerated content, text and data
mining;
354
Paragraph
11 j (new)
Julia Reda
11j.
Exceptions
or
limitations
should be made mandatory in the
+
following cases:
(a) in respect of reproductions on
paper or any similar medium,
effected by the use of any kind of
photographic technique or by
some other process having similar
effects, with the exception of
sheet music, provided that the
rightholders
receive
fair
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Draft Opinion
Comments
Amendment
compensation;
(b) in respect of reproductions on
any medium made by a natural
person for private use and for ends
that are neither directly nor
indirectly
commercial,
on
condition that the rightholders
receive fair compensation;
(c)
in
respect
of
acts
of
reproduction made by publicly
accessible libraries, educational
establishments or museums, or by
archives, which are not for direct
or
indirect
economic
or
commercial advantage;
(d)
in
respect
of
ephemeral
recordings of works made by
broadcasting
organisations
by
means of their own facilities and
for their own broadcasts; the
preservation of these recordings in
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Draft Opinion
Comments
Amendment
official archives should, on the
grounds
of
their
documentary
exceptional
character,
be
permitted;
(e) in respect of reproductions of
broadcasts
made
institutions
by
social
pursuing
non-
commercial purposes, such as
hospitals or prisons, on condition
that the rightholders receive fair
compensation.
(f) use for the sole purpose of
illustration
for
teaching
or
scientific research, as long as the
source, including the author's
name, is indicated, unless this
turns out to be impossible and to
the extent justified by the noncommercial
purpose
to
be
achieved;
(g) uses, for the benefit of people
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Comments
Amendment
with a disability, which are directly
related to the disability and of a
non-commercial nature, to the
extent required by the specific
disability;
(h) reproduction by the press,
communication to the public or
making available of published
articles
on
current
economic,
political or religious topics or of
broadcast works or other subjectmatter of the same character, in
cases where such use is not
expressly reserved, and as long as
the source, including the author's
name, is indicated, or use of works
or
other
subject-matter
in
connection with the reporting of
current events, to the extent
justified
by
the
informatory
purpose and as long as the source,
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Amendment
including the author's name, is
indicated, unless this turns out to
be impossible;
(i) quotations for purposes such as
criticism or review, provided that
they relate to a work or other
subject-matter which has already
been lawfully made available to
the public, that, unless this turns
out to be impossible, the source,
including the author's name, is
indicated, and that their use is in
accordance with fair practice, and
to the extent required by the
specific purpose;
(j) use for the purposes of public
security or to ensure the proper
performance
or
reporting
of
administrative, parliamentary or
judicial proceedings;
(k) use of political speeches as well
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as extracts of public lectures or
similar works or subject-matter to
the
extent
justified
by
the
informatory purpose and provided
that the source, including the
author's name, is indicated, except
where this turns out to be
impossible;
(l)
use
celebrations
during
religious
or
official
celebrations organised by a public
authority;
(m) use of works, such as works of
architecture or sculpture, made to
be located permanently in public
places;
(n) incidental inclusion of a work
or other subject-matter in other
material;
(o)
use
for
the
purpose
of
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Amendment
advertising the public exhibition or
sale of artistic works, to the extent
necessary to promote the event,
excluding any other commercial
use;
(p)
use
for
the
purpose
of
caricature, parody or pastiche;
(q) use in connection with the
demonstration
or
repair
of
equipment;
(r) use of an artistic work in the
form of a building or a drawing or
plan of a building for the purposes
of reconstructing the building;
(s) use by communication or
making available, for the purpose
of research or private study, to
individual members of the public
by dedicated terminals on the
premises
of
establishments
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Comments
Amendment
referred to in paragraph 2(c) of
works and other subject-matter
not
subject
licensing
to
terms
purchase
or
which
are
contained in their collections;
(t) use in certain other cases of
minor
importance
where
exceptions or limitations already
exist under national law, provided
that they only concern analogue
uses and do not affect the free
circulation of goods and services
within the Community, without
prejudice to the other exceptions
and limitations contained in this
paragraph;
356
Paragraph
Marietje
11l. Calls for broad exceptions for
11 l (new)
Schaake
non-commercial use of protected
works
for
organizations,
+
educational
teachers
and
students;
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Comments
AM
Ref. Text
Amendment
363
Paragraph
Isabella
12a.
12 a (new)
Adinolfi
importance of full exploitation of
Acknowledges
the
+
new technologies in order to
increase the legal offer of content
by
encouraging
re-use
mechanisms and the birth of a
digital second-hand market;
364
Paragraph
Marietje
12b. Calls for broad exceptions
12 b (new)
Schaake
also
for
informal
educational
+
purposes;
365
Paragraph
Marietje
12c. Calls for open access in
12 c (new)
Schaake
publishing,
in
particular
for
+
publicly funded research;
366
Paragraph
Marietje
12d. Calls for making relevant
12 d (new)
Schaake
existing
exceptions
such
as
+
parody, quotation and incidental
use
and
mandatory
private
across
copying
all Member
States;
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367
Paragraph
Tadeusz
13. Calls for the adoption of an deleted
13
Zwiefka
open norm introducing flexibility
Bogdan
in the interpretation of exceptions
Amendment
Comments
-
Brunon Wenta and limitations in certain special
cases that do not conflict with the
normal exploitation of the work
and do not unreasonably prejudice
the legitimate interests of the
author or rightholder;
368
Paragraph
13
Juan Fernando 13. Calls for the adoption of an deleted
López Aguilar
Sergio
Gutiérrez
and limitations in certain special
Prieto
Eider
Gardiazabal
Rubial
José Blanco
López
369
Paragraph
13
Angel
Dzhambazki
-
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Sajjad Karim
Draft Opinion
Amendment
Comments
370
Paragraph
Virginie
13
Rozière
-
371
Paragraph
Angelika
13
Niebler
-
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Draft Opinion
Amendment
Comments
372
Paragraph
13
Marie-
Christine
Boutonnet
-
373
Paragraph
13
Constance Le
Grip
Marc Joulaud
Sabine
Verheyen
-
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Draft Opinion
Comments
Amendment
374
Paragraph
Isabella
13. Calls for the adoption of an 13. Calls for the adoption of a de We prefer amendment 376
13
Adinolfi
open norm introducing flexibility minimis exception and limitation
in the interpretation of exceptions to analogically apply the discipline
and limitations in certain special already provided in Article 5.3, in
cases that do not conflict with the cases that are not regulated,
normal exploitation of the work especially bearing in mind the
and do not unreasonably prejudice swift technological evolution. Such
the legitimate interests of the de minimis exception should be
evaluated
qualitative
in
light
and
of
the
quantitative
parameters of three-step test, as
provided for by Article 5.5 of the
Directive;
375
Paragraph
13
Therese
13. Calls for the adoption of an 13. Recalls that the exceptions and
Comodini
open norm introducing flexibility limitations should not conflict with
Cachia
in the interpretation of exceptions the normal exploitation of the
Eva Paunova
and limitations in certain special work and do not unreasonably
Jean-Marie
cases that do not conflict with the prejudice the legitimate interests
-
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Comments
Amendment
Cavada
normal exploitation of the work of the author or rightholder, while
József Szájer
and do not unreasonably prejudice keeping the
Giovanni Toti
the legitimate interests of the exceptions and limitations on the
Luis de
interpretation
of
level of Member States to permit
Grandes
the adaptation of the copyright
Pascual
system
Rosa Estaràs
circumstances and social needs;
to
different
national
Ferragut
Sabine
Verheyen
376
Paragraph
13
Julia Reda
13. Calls for the adoption of an 13.
Mary
open norm introducing flexibility interpretation of exceptions and
Honeyball
in the interpretation of exceptions limitations to exclusive rights,
Josef
and limitations in certain special allowing to apply exceptions and
Weidenholzer
cases that do not conflict with the limitations to uses that are similar
Calls
for
a
flexible
+
normal exploitation of the work to the ones in the original legal
and do not unreasonably prejudice provisions, thereby ensuring that
the legitimate interests of the exceptions and limitations can be
adapted to new forms of usage
emerging due to technological
change; such flexibility would be
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Comments
Amendment
subject to the three-step-test,
which
grants
limitations
and
exceptions in certain special cases
that do not conflict with the
377
Paragraph
13
József Szájer
13. Calls for the adoption of an 13. Recalls that the exceptions and
-
normal exploitation of the work of the author or rightholder, while
and do not unreasonably prejudice keeping the
interpretation
of
the legitimate interests of the exceptions and limitations on the
level of Member States to permit
the adaptation of the copyright
system
to
different
national
circumstances and social needs;
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378
Paragraph
MEP(s)
Axel Voss
Draft Opinion
Amendment
13. Calls for the adoption of an 13. Stresses that exceptions and
13
Comments
-
normal exploitation of the work of the author or rightholder; takes
and do not unreasonably prejudice the view that, where necessary,
the legitimate interests of the the Member States should be able
to adapt the exceptions and
limitations in individual cases;
379
Paragraph
13
Jean-Marie
13. Calls for the adoption of an 13. Recalls that exceptions and
Cavada
open norm introducing flexibility limitations must not conflict with
Therese
Comodini
and limitations in certain special work or unreasonably prejudice
Cachia
cases that do not conflict with the the legitimate interests of the
Virginie
normal exploitation of the work author or rightholder; they are
Rozière
and do not unreasonably prejudice created for quite specific reasons
-
the legitimate interests of the and must be strictly applied by
Member States;
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380
Paragraph
13
MEP(s)
Draft Opinion
Comments
Amendment
Enrico
13. Calls for the adoption of an 13. Calls for the adoption of a
Gasbarra
open norm introducing flexibility certain norm in the interpretation
Silvia Costa
in the interpretation of exceptions of exceptions and limitations in
-
and limitations in certain special cases that do not conflict with the
cases that do not conflict with the normal exploitation of the work
normal exploitation of the work and do not unreasonably prejudice
and do not unreasonably prejudice the legitimate interests of the
the legitimate interests of the author or rightholder;
381
Paragraph
Helga Trüpel
13. Calls for the adoption of an 13. Calls for consideration to be
13
Heidi Hautala
open norm introducing flexibility in given to an open norm making it
-
the interpretation of exceptions possible to react promptly to new
and limitations in certain special technologies and content and
cases that do not conflict with the introducing
flexibility
in
the
normal exploitation of the work interpretation of exceptions and
and do not unreasonably prejudice limitations in certain special cases
the legitimate interests of the that do not conflict with the
author
or
rightholder,
in
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Comments
Amendment
accordance with the three-step
test;
382
Paragraph
Angel
13a. Calls for exceptions and
13 a (new)
Dzhambazki
limitations
Sajjad Karim
appropriate level of flexibility and
which
have
an
+
are technologically neutral;
383
Paragraph
Virginie
14. Urges the European legislator 14. Considers that the exception
14
Rozière
to
Mady Delvaux
neutrality and future-compatibility be strictly defined, while including
ensure
the
technological for quotation should continue to
-
of exceptions and limitations by the possibility of its extension to
taking due account of the effects audio-visual quotations;
of media convergence; considers,
in particular, that the exception for
quotation should expressly include
audio-visual
quotations
in
its
scope;
384
Paragraph
Tadeusz
14. Urges the European legislator 14. Urges the European legislator
14
Zwiefka
to
Bogdan
neutrality and future-compatibility neutrality and future-compatibility
ensure
the
technological to
ensure
the
technological
-
Brunon Wenta of exceptions and limitations by of exceptions and limitations by
taking due account of the effects of taking due account of the effects of
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Comments
Amendment
media convergence; considers, in media convergence;
particular, that the exception for
audio-visual
quotations
in
its
scope;
385
Paragraph
József Szájer
14
to
ensure
the
technological to
ensure
the
technological
-
of exceptions and limitations by of exceptions and limitations while
taking due account of the effects serving the public interest by
of media convergence; considers, fostering incentives to create,
in particular, that the exception finance and distribute new works
for quotation should expressly and
to
make
those
works
include audio-visual quotations in available to the public in new,
its scope;
386
Paragraph
14
Axel Voss
innovative and compelling ways;
to
ensure
the
technological to
ensure
the
technological
-
neutrality and future compatibility neutrality and future compatibility
of exceptions and limitations by of exceptions and limitations;
taking due account of the effects
of media convergence; considers,
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Draft Opinion
Amendment
Comments
in particular, that the exception
for quotation should expressly
include audio-visual quotations in
its scope;
387
Paragraph
14
Enrico
Gasbarra
to
ensure
the
technological to
ensure
the
technological
-
of exceptions and limitations by of exceptions and limitations by
audio-visual
quotations
in
its
scope;
388
Paragraph
Angelika
14
Niebler
to
ensure
the
technological to
ensure
the
technological
-
neutrality and future compatibility neutrality and future compatibility
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Draft Opinion
Comments
Amendment
audio-visual
quotations
in
its
scope;
390
Paragraph
14
Constance Le
Grip
to
Marc Joulaud
Sabine
Verheyen
ensure
the
technological to
ensure
the
technological
-
audio-visual
quotations
in
its
scope;
391
Paragraph
14
Julia Reda
Victor
to
Negrescu
neutrality and future-compatibility and
Josef
of exceptions and limitations by exceptions
Weidenholzer
ensure
the
technological to ensure technological neutrality
future-compatibility
and
limitations
+
of
by
media convergence; considers, in media convergence; therefore calls
particular, that the exception for on the EU legislator to expressly
quotation should expressly include include audio-visual quotations in
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Draft Opinion
audio-visual
quotations
scope;
Comments
Amendment
in
its the existing quotation exception in
order to enable the use of
quotations in new media formats;
these
quotations
should
be
adequate in terms of length in
relation to the type of source
material;
392
Paragraph
14
Therese
Comodini
to
Cachia
Eva Paunova
Jean-Marie
taking due account of the effects serving the public interest by
Cavada
of media convergence; considers, fostering incentives to create,
Constance Le
in particular, that the exception finance and distribute new works
Grip
for quotation should expressly and
Rosa Estaràs
include audio-visual quotations in available to the public in new,
Ferragut
its scope;
ensure
the
technological to
ensure
to
the
make
technological
those
-
works
innovative and compelling ways;
József Szájer
Giovanni Toti
Luis de
Grandes
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Draft Opinion
Comments
Amendment
Pascual
Milan Zver
Sabine
Verheyen
393
Paragraph
14
Mary
Honeyball
to
Silvia Costa
ensure
the
technological to
ensure
the
technological
-
taking due account of the effects fostering incentives to create,
of media convergence; considers, finance and distribute new works
in particular, that the exception and
to
make
those
works
for quotation should expressly available to the public in new,
include audio-visual quotations in innovative and compelling ways;
its scope;
394
Paragraph
14
Jean-Marie
Cavada
to
Therese
Comodini
Cachia
ensure
the
technological to
ensure
the
technological
-
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Amendment
Comments
audio-visual
quotations
in
its
scope;
395
Paragraph
Lidia Joanna
14
Geringer de
to
Oedenberg
ensure
the
technological to
ensure
the
technological
+
media convergence; considers, in media convergence; considers, in
particular, that the exception for particular, that the exception for
quotation should expressly include quotation should expressly include
audio-visual
quotations
in
its all content, including audio-visual
scope;
397
Paragraph
15
quotations in its scope;
Marie-
15. Stresses that the ability to deleted
Christine
freely link from one resource to
Boutonnet
another is one of the fundamental
-
building blocks of the internet;
This statement is crucial to ensure
calls on the EU legislator to make
the Internet can continue to
it clear that reference to works by
function. Linking is nothing more
means of a hyperlink is not subject
than a way to point towards
to exclusive rights, as it does not
content, as is a footnote in a paper
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Draft Opinion
Comments
Amendment
consist in a communication to a
document.
new public12;
__________________
12
Order of the Court of Justice of
21 October 2014 in Case C-348/13,
BestWater International GmbH v
Michael Mebes and Stefan Potsch
(request for a preliminary ruling
from
Germany’s
Bundesgerichtshof).
399
Paragraph
15
-
Juan Fernando 15. Stresses that the ability to 15. Stresses that the ability to
López Aguilar
freely link from one resource to freely link one resource to another
Sergio
another is one of the fundamental is one of the fundamental building
Gutiérrez
building blocks of the internet; calls blocks of the internet; calls on the Linking in itself should never be an
Prieto
on the EU legislator to make it EU
Eider
clear that reference to works by clarification on cases in which the and this should be clarified once
Gardiazabal
means of a hyperlink is not subject establishment of links does not and for all. The text by the
Rubial
to exclusive rights, as it does not constitute
José Blanco
consist in a communication to a communication to the original
López
12
new public ;
legislator
an
provide act of communication to the public
to
act
of Rapporteur is clearer.
public in line with the judgment of
the Court of Justice in C-466/12 of
Linking
never
requires
a
rightsholder's permission. Also, as
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Draft Opinion
Comments
Amendment
__________________
13 February 2014, the Svensson the UK government discovered, the
12
case;
target of a link can change, as
shown
21 October 2014 in Case C-348/13, __________________
from
Bundesgerichtshof).
Germany’s
12
by
this
case : http://www.itworld.com/arti
cle/2771577/networkinghardware/uk-gov-t-webpage-linksto-porn-site.html
from
Germany’s
Bundesgerichtshof).
400
Paragraph
15
József Szájer
15. Stresses that the ability to 15. Notes that the ability to link
freely link from one resource to from one resource to another is
-
another is one of the fundamental one of the fundamental building
building blocks of the internet; blocks
of
the
internet
calls on the EU legislator to make underlines
that
any
and The text by the Rapporteur is
further better.
Putting
in
a
specific
it clear that reference to works by legislation must accurately reflect interpretation of the CJEU that
means of a hyperlink is not subject the
existing
definitions
and pertains to a specific case is not
to exclusive rights, as it does not principles set in the European case appropriate. Such an amendment
consist in a communication to a law,
new public12 ;
stating
that
when
the is dangerous as it only give parts of
hyperlink allows the recipients to the reasoning in a CJEU Case, but
circumvent the restrictions on without the context of the case.
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Amendment
__________________
access to the protected work, so Jurisprudence is still building up in
12
that can access the protected this area and has a degree of
from
Bundesgerichtshof).
Germany’s
work,
which
was
otherwise nuance this amendment does not
unavailable to them, then this achieve
to
meet
in
a
few
constitutes a communication to a sentences.
new public and it is subject to
exclusive rights;
__________________
12
from
Germany’s
Bundesgerichtshof).
401
Paragraph
15
Jean-Marie
15. Stresses that the ability to 15. Stresses that the ability to link
Cavada
freely link from one resource to from one resource to another by
-
another is one of the fundamental means of a hyperlink is indeed one
building blocks of the internet; of the fundamental building blocks
calls on the EU legislator to make of the internet, but that, in certain
it clear that reference to works by cases,
the
link
and
the
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Draft Opinion
Amendment
Comments
means of a hyperlink is not subject incorporation may be regarded as
to exclusive rights, as it does not a communication to a new public
consist in a communication to a and, by virtue of that very fact,
new public12;
constitute a breach of copyright;
__________________
12
from
Germany’s
Bundesgerichtshof).
403
Paragraph
15
Mary
15. Stresses that the ability to 15. Stresses that the ability to
Honeyball
freely link from one resource to freely link from one resource to
-
another is one of the fundamental another is an important feature of
building blocks of the internet; the internet, but stresses that
calls on the EU legislator to make under
certain
circumstances,
it clear that reference to works by embedding and linking may be
means of a hyperlink is not subject prejudicial to the rights of the
to exclusive rights, as it does not creator; further stresses the need
consist in a communication to a to accurately reflect the existing
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Draft Opinion
new public12 ;
definitions and principles set out
in European case law;
__________________
12
Comments
Amendment
__________________
12
BestWater International GmbH v 21 October 2014 in Case C-348/13,
Michael Mebes and Stefan Potsch BestWater International GmbH v
(request for a preliminary ruling Michael Mebes and Stefan Potsch
from
Bundesgerichtshof).
Germany’s (request for a preliminary ruling
from
Germany’s
Bundesgerichtshof).
404
Paragraph
15
Axel Voss
freely link from one resource to from one resource to another is a
another is one of the fundamental feature
of
internet
use
-
and
building blocks of the internet; stresses that hyperlinks must be
calls on the EU legislator to make used in accordance with the
it clear that reference to works by relevant European case law, i.e.
means of a hyperlink is not subject they
must
not
be
used
to
to exclusive rights, as it does not circumvent restrictions on access
consist in a communication to a to a work that was originally
new public12;
protected and not accessible to
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MEP(s)
Draft Opinion
users12;
__________________
12
Comments
Amendment
Order of the Court of Justice of __________________
from
Bundesgerichtshof).
Germany’s
12
from
Germany’s
Bundesgerichtshof).
See
also:
Judgment of the Court of Justice of
13 February 2014 in Case 466/12,
Svensson.
405
Paragraph
15
Angel
15. Stresses that the ability to 15. Notes that the ability to freely
Dzhambazki
freely link from one resource to link
Sajjad Karim
another is one of the fundamental available from one resource to
content
lawfully
made
-
building blocks of the internet; calls another is one of the fundamental
on the EU legislator to make it building blocks of the internet;
clear that reference to works by highlights
means of a hyperlink is not subject enhanced
the
importance
user
information
to exclusive rights, as it does not regarding obligations for
consist in a communication to a who
knowingly
of
anyone
provides
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MEP(s)
Draft Opinion
new public12 ;
hyperlinks
from
Bundesgerichtshof).
to
unauthorised
content or links that circumvent
__________________
12
Comments
Amendment
Germany’s
paywalls; calls on the EU legislator
to make it clear that reference to
works by means of a hyperlink is
not subject to exclusive rights, as it
does
not
consist
in
a
communication to a new public12;
__________________
12
from
Germany’s
Bundesgerichtshof).
406
Paragraph
15
Cecilia
Wikström
+
another is one of the fundamental another is one of the fundamental
building blocks of the internet; calls building blocks of the free and
on the EU legislator to make it open internet; calls on the EU
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Draft Opinion
Comments
Amendment
clear that reference to works by legislator to further clarify that
means of a hyperlink is not subject reference to works by means of a
to exclusive rights, as it does not hyperlink is not subject to exclusive
consist in a communication to a rights, as it does not consist in a
new public12 ;
communication to a new public12;
__________________
__________________
12
12
21 October 2014 in Case C-348/13, 21 October 2014 in Case C-348/13,
BestWater International GmbH v BestWater International GmbH v
Michael Mebes and Stefan Potsch Michael Mebes and Stefan Potsch
(request for a preliminary ruling (request for a preliminary ruling
from
Bundesgerichtshof).
407
Paragraph
15
Germany’s from
Germany’s
Bundesgerichtshof).
Therese
Comodini
freely link from one resource to from one resource to another is
Cachia
another is one of the fundamental one of the fundamental building
Pavel Svoboda
building blocks of the internet; blocks
of
the
Marc Joulaud
calls on the EU legislator to make underlines
that
Constance Le
it clear that reference to works by legislation must accurately reflect
Grip
means of a hyperlink is not subject the
József Szájer
to exclusive rights, as it does not principles set in the European case
existing
internet
any
-
and
further
definitions
and
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Draft Opinion
Giovanni Toti
consist in a communication to a law
Rosa Estaràs
new public12 ;
Ferragut
Luis de
Grandes
Pascual
Milan Zver
Sabine
Verheyen
that
when
the
circumvent the restrictions on
from
stating
hyperlink allows the recipients to
__________________
12
Comments
Amendment
Germany’s
Bundesgerichtshof).
access to the protected work so
that can access the protected work
which was otherwise unavailable
to them, then this constitutes a
communication
to
a
new
public and it is subject to exclusive
rights.
__________________
12
408
Paragraph
15
Enrico
Gasbarra
Silvia Costa
-
building blocks of the internet; calls building blocks of the internet; calls
on the EU legislator to make it on the EU legislator to clarify the
clear that reference to works by status of works that can be
means of a hyperlink is not subject accessed through a hyperlink, also
to exclusive rights, as it does not by taking account of recent Court
consist in a communication to a
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Draft Opinion
new public12;
of Justice case law;
__________________
__________________
12
12
Comments
Amendment
21 October 2014 in Case C-348/13, 21 October 2014 in Case C-348/13,
BestWater International GmbH v BestWater International GmbH v
Michael Mebes and Stefan Potsch Michael Mebes and Stefan Potsch
(request for a preliminary ruling (request for a preliminary ruling
from
Bundesgerichtshof).
410
Paragraph
15
Germany’s from
Germany’s
Bundesgerichtshof).
Julia Reda
Josef
Weidenholzer
+
building blocks of the internet; calls building blocks of the Internet; calls
on the EU legislator to make it on the EU legislator to clarify that
clear that reference to works by reference to works by means of a
means of a hyperlink is not subject hyperlink is not subject to exclusive
to exclusive rights, as it does not rights, as it does not consist in a
consist in a communication to a communication to the public;
new public12 ;
__________________
__________________
12
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12
Comments
Amendment
Order of the Court of Justice of 21 October 2014 in Case C-348/13,
21 October 2014 in Case C-348/13, BestWater International GmbH v
BestWater International GmbH v Michael Mebes and Stefan Potsch
Michael Mebes and Stefan Potsch (request for a preliminary ruling
(request for a preliminary ruling from
from
Germany’s
Germany’s Bundesgerichtshof).
Bundesgerichtshof).
411
Paragraph
Christian Ehler
15a. Suggests a review of the
15 a (new)
Sabine
liability of service providers and
Verheyen
intermediaries in order to clarify
Marc Joulaud
their legal status and liability with
regards
to
copyrights,
-
to
guarantee that due diligence is
exercised throughout the creative
process and supply chain, and to
ensure a fair remuneration for
creators and rightholders within
the European Union.
412
Paragraph
Marietje
15b.
15 b (new)
Schaake
geoblocking, as it prevents the
Calls
for
an
end
to
+
emergence of a single digital
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Comments
Amendment
market and hinders citizens access
to information for which they have
already paid taxes;
415
Paragraph
József Szájer
16. Calls on the EU legislator to 16. Invites the EU legislator to
ensure
16
that
the
use
of recognise
that
the
use
of
-
photographs, video footage or photographs, video footage or
other images of works which are other images of works, which are
permanently
located
in public permanently
places is permitted;
located
in public
places shall be considered to be in
the public domain, where that use
is for a non-commercial purpose or
scale;
420
Paragraph
16
Tonino Picula
ensure
that
the
use
of ensure
that
the
use
of
-
other images of works which are other images of works which are
permanently
located
located
in public
places is permitted and that this
initiative on copyright makes for
wider understanding of artistry
and
creativity
and
their
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Draft Opinion
Comments
Amendment
importance for the development
of society, and to regulate the
development of new commercial
interests
posing
a
threat
to
copyright;
421
Paragraph
16
Jean-Marie
16. Calls on the EU legislator to 16. Considers that the commercial
Cavada
ensure
that
the
use
of use of photographs, video footage
-
photographs, video footage or or other images of works which are
other images of works which are permanently located in physical
permanently
located
in public public places should always be
subject to prior authorisation from
the authors or any proxy acting for
them;
424
Paragraph
Angelika
16
Niebler
ensure
that
the
use
of ensure
that
the
use
of
-
permanently
located
located
in public
places is permitted, unless this
material is itself already protected
by copyright;
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425
Paragraph
16
MEP(s)
Draft Opinion
Comments
Amendment
Inês Cristina
Zuber
ensure
that
the
use
of ensure
that
the
use
of
+
permanently
located
places
is
located
permitted
in public
for
non-
commercial purposes;
426
Paragraph
Virginie
16
Rozière
ensure
Mady Delvaux
photographs, video footage or use of photographs, video footage
that
the
use
of ensure that the non-commercial
-
other images of works which are or other images of works which are
permanently
located
431
Paragraph
17
in public
Jean-Marie
17. Emphasises that the exception deleted
Cavada
for
caricature,
located
parody
and
-
pastiche should apply regardless
of the purpose of the parodic use;
432
Paragraph
17
Constance Le
Grip
for
caricature,
parody
and
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Amendment
433
Paragraph
17
Enrico
Gasbarra
for
caricature,
parody
-
and
434
Paragraph
17
Julia Reda
17. Emphasises that the exception 17. Highlights the importance of
Josef
for caricature, parody and pastiche the
Weidenholzer
should apply regardless of the parody
purpose of the parodic use;
exception
and
for
pastiche
caricature,
for
+
the
protection of authors' freedom of
expression, which should therefore
be made mandatory; notes with
concern the implication of the
Deckmyn ruling (C-201/13) that
rightholders other than the author
of a work can claim moral rights,
and
therefore
calls
on
the
legislator to clarify that moral
rights are rights of the author of a
work, that cannot be transferred
to third-party rightholders;
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441
Paragraph
18
MEP(s)
Draft Opinion
Comments
Amendment
Constance Le
18. Stresses the need to enable 18. Encourages solutions such as
Grip
automated analytical techniques the licensing model for text and
Marc Joulaud
for text and data (e.g. ‘text and data mining for scientific research
Sabine
data mining’) for all purposes, purposes;
Verheyen
provided that permission to read
Licensing for TDM is a failure (see
the analysis in two parts by Peter
Murray Rust, here and here, as well
the work has been acquired;
as
the
very
good
summary
by SPARC)
442
Paragraph
18
József Szájer
18. Stresses the need to enable 18. Invites the Commission to
automated analytical techniques assess
whether
data
analysis
for text and data (e.g. ‘text and activities could be covered by the
data mining’) for all purposes, exception for scientific research
provided that permission to read contained in Article 5.3.a) of
the current
A specific exception is much better
in terms of legal certainty.
Directive,
which provides for an exception to
the right of reproduction, (Article
2) when the protected work is
used,
and
whether
it enables
automated analytical techniques
for text and data, provided that
permission to read the work has
been acquired;
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443
Paragraph
18
MEP(s)
Draft Opinion
Comments
Amendment
Therese
18. Stresses the need to enable 18. Invites the Commission to
Comodini
automated analytical techniques assess
Cachia
for text and data (e.g. ‘text and activities could be covered by the
Pavel Svoboda
data mining’) for all purposes, exception for scientific research
Mary
provided that permission to read contained in Article 5.3.a) of
Honeyball
whether
data
analysis
the current
Directive,
Rosa Estaràs
which provides for an exception to
Ferragut
the right of reproduction (Article
Luis de
2) when the protected work is
Grandes
used,
Pascual
automated analytical techniques
Giovanni Toti
for text and data, provided that
József Szájer
permission to read the work has
Sabine
been acquired;
and
whether
it enables
Verheyen
444
Paragraph
18
Axel Voss
18. Stresses the need to enable 18.
Welcomes
automated analytical techniques Member
States
the
fact
may,
on
a
for text and data (e.g. ‘text and voluntary basis and subject to
data mining’) for all purposes, licensing,
enable
automated
provided that permission to read analytical techniques for text and
-
that
data (e.g. ‘text and data mining’),
as
the
very
good
summary
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Comments
Amendment
provided that permission to read by SPARC).
446
Paragraph
Angelika
18. Stresses the need to enable 18. Stresses the need to enable
18
Niebler
automated analytical techniques automated analytical techniques
for text and data (e.g. ‘text and for text and data (e.g. ‘text and
data mining’) for all purposes, data mining’) through licensing
provided that permission to read agreements;
as
the
very
good
summary
by SPARC).
449
Paragraph
18
Jean-Marie
Cavada
data mining’) for all purposes, data
mining’),
provided
that
provided that permission to read permission to read the work has
been
acquired
rightholders
and
have
that
the
Not all rightholders wish to be
remunerated, as evidenced by the
Creative Commons system.
been
remunerated;
450
Paragraph
18
Julia Reda
+
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Amendment
Comments
data mining’) for all purposes, data mining’) for all purposes,
provided that permission to read provided that permission to read
the work has been acquired, as a
mandatory exception;
453
Paragraph
Angelika
19. Calls for a broad exception for delete
19
Niebler
research and education purposes,
-
which should cover not only
educational establishments but
any
kind
of
educational
or
research activity, including nonformal education;
454
Paragraph
19
Cecilia
19. Calls for a broad exception for deleted
Wikström
-
any
kind
of
educational
or
455
Paragraph
19
Jytte Guteland
19. Calls for a broad exception for deleted
-
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Comments
Amendment
any
kind
of
educational
or
456
Paragraph
19
Constance Le
19. Calls for a broad exception for 19. Stresses the need for a sound
Grip
research and education purposes, economic and legal analysis of the
which should cover not only use
of
protected
educational establishments but education
any
kind
of
educational
and
works
research,
in
and
or considers that any fresh exception
research activity, including non- to, or restriction of, copyright
formal education;
459
One would hope the Commission
studies in depth every proposal it
makes.
should be studied in depth;
Paragraph
Virginie
19. Calls for a broad exception for 19. Calls on the Commission to
19
Rozière
research and education purposes, consider making the exception for
-
which should cover not only research and education purposes
educational establishments but compulsory, and observes that this
any
kind
of
educational
or exception
should
be
strictly
very
careful
research activity, including non- defined;
formal education;
461
Paragraph
19
Enrico
19. Calls for a broad exception for 19.
Gasbarra
research and education purposes, consideration to be given to the
Calls
which should cover not only importance
for
of
exceptions
-
for
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Comments
Amendment
educational establishments but any research and education purposes;
kind of educational or research notes with interest, in this regard,
activity,
including
non-formal the discussion under way on the
drafting of a new international
education;
treaty governing exceptions for
libraries and archives;
462
Paragraph
19
Angel
19. Calls for a broad exception for 19. Calls for targeted exceptions
Dzhambazki
research and education purposes, for
Sajjad Karim
which should cover not only purposes;
research
and
education
-
any
kind
of
educational
or
466
Paragraph
19
Sergio
19. Calls for a broad exception for 19. Calls for a broad exception for
Gaetano
research and education purposes, research and education purposes,
Cofferati
which should cover not only in the general public interest and
Lidia Joanna
educational establishments but any in order to promote a virtuous
Geringer de
kind of educational or research circulation of knowledge; takes
Oedenberg
activity,
education;
including
+
non-formal the view that this should cover not
only educational establishments
but any kind of educational or
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Comments
Amendment
467
Paragraph
Lidia Joanna
19
Geringer de
Oedenberg
which should cover not only which should cover not only
educational establishments but any educational
+
in
establishments
kind of educational or research cross-border use, but any kind of
activity,
including
education;
470
Paragraph
19
non-formal educational or research activity,
including non-formal education;
Inês Cristina
Zuber
-
which should cover not only which should cover not only
educational establishments but any educational establishments but any
kind of educational or research kind of educational or research
activity,
education;
471
including
non-formal institute,
including
non-formal
education;
-
Paragraph
Tadeusz
19a.
19 a (new)
Zwiefka
exceptions
Bogdan
introduced to the EU copyright
Brunon Wenta
legal system needs to be duly This is true for anything, not just
stresses
that
or
any
new
limitations
justified by a sound and objective
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economic and legal analysis
472
Paragraph
20
Constance Le
20. Calls for the adoption of a deleted
Grip
mandatory
exception
allowing
(Lending books
to the public
libraries to lend books to the
remotely in digital formats would
public
again favour commercial providers
in
digital
formats,
irrespective of the place of access;
Comments
new exceptions and limitations.
-
in the digital environment, to the
detriment of the protection of
authors and of the actual content
of the works. From the technical
point of view too, this raises
numerous piracy issues.)
473
Paragraph
20
Cecilia
20. Calls for the adoption of a deleted
Wikström
mandatory
exception
allowing
-
libraries to lend books to the
public
in
digital
formats,
475
Paragraph
20
Jean-Marie
20. Calls for the adoption of a 20. Recognises the importance of
Cavada
mandatory
exception
allowing libraries for access to knowledge;
-
libraries to lend books to the encourages the parties concerned
public
in
digital
formats, to work out appropriate solutions
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Comments
Draft Opinion
Amendment
to enable libraries to realise their
potential
in
the
digital
environment, while respecting the
interests of rightholders;
476
Paragraph
20
Angel
20. Calls for the adoption of a 20. Stresses the importance of
Dzhambazki
mandatory
Sajjad Karim
libraries to lend books to the conclusions
public
in
exception
digital
allowing taking
into
account
of
the
the
-
numerous
formats, experiments being undertaken by
the book industry to establish fair,
balanced
and
viable
business
models;
477
Paragraph
20
Axel Voss
Christian Ehler
mandatory
exception
allowing libraries for access to knowledge
-
libraries to lend books to the and calls for appropriate marketpublic
in
digital
formats, based solutions to be developed
that allow
libraries to develop
their potential in the digital
environment while respecting the
interests
of
all
stakeholders,
including consumers;
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478
Paragraph
20
MEP(s)
Draft Opinion
Comments
Amendment
Therese
20. Calls for the adoption of a 20. Recognizes the importance of
Comodini
mandatory
Cachia
libraries to lend books to the and
Eva Paunova
public
Pavel Svoboda
in
exception
digital
encourages
formats, rightholders to
-
the
identify
appropriate
market-based
Marc Joulaud
solutions to enable libraries to
Rosa Estaràs
realise their potential in the digital
Ferragut
Luis de
interests
Grandes
included consumers;
of
all
stakeholders
Pascual
József Szájer
Giovanni Toti
Milan Zver
Sabine
Verheyen
479
Paragraph
20
Mary
Honeyball
mandatory
exception
-
libraries to lend books to the and encourages all stakeholders to
public
in
digital
formats, enable libraries to realise their
potential
in
the
digital
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Amendment
rights of creators;
480
Paragraph
Angelika
20. Calls for the adoption of a 20. Emphasises the importance, in
20
Niebler
mandatory
exception
allowing the age of digitisation, of licensing
-
libraries to lend books to the public agreements in order to allow
in digital formats, irrespective of libraries to lend books legally to
the place of access;
481
Paragraph
20
the public in digital formats;
Jiří Maštálka
20. Calls for the adoption of a 20. Calls for the adoption of
Kostas
mandatory
Chrysogonos
libraries to lend books to the public lend books to the public in digital
exception
allowing an exception allowing libraries to
-
in digital formats, irrespective of formats, irrespective of the place
483
Paragraph
20
of access;
Juan Fernando 20. Calls for the adoption of a 20. Calls on the Commission to
López Aguilar
mandatory
Sergio
libraries to lend books to the public books to the public in digital
Gutiérrez
in digital formats, irrespective of formats
Prieto
Eider
exception
allowing examine ways for libraries to lend
in
compliance
-
with
copyright law and guaranteeing a
fair remuneration for said rights;
Gardiazabal
Rubial
José Blanco
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Comments
Amendment
López
484
Paragraph
Helga Trüpel
20. Calls for the adoption of a 20. Calls on the Commission to
20
Heidi Hautala
mandatory
exception
allowing consider the introduction of an
-
libraries to lend books to the public exception allowing libraries to lend
in digital formats, irrespective of books to the public in digital
formats, irrespective of the place
of
access,
provided
financial
compensation (library royalties) is
provided;
485
Paragraph
20
+
Sergio
20. Calls for the adoption of a 20. Calls for the adoption of a
Gaetano
mandatory
Cofferati
libraries to lend books to the public libraries to lend books to the public
Lidia Joanna
in digital formats, irrespective of in digital formats, irrespective of There should be no barriers to the
possibility for libraries and other
the place of access, so that their
cultural institutions to lend books
public
interest
duty
of and other works in digital formats.
By digitizing their catalogues, they
disseminating knowledge can be
will be able to continue to serve
fulfilled effectively and in an the public interest by preserving
and sharing the works.
up-to-date manner;
Geringer de
Oedenberg
Evelyn Regner
exception
allowing mandatory
exception
allowing
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486
Paragraph
20
MEP(s)
Draft Opinion
Comments
Amendment
Julia Reda
20. Calls for the adoption of a 20. Calls for the adoption of a
Victor
mandatory
Negrescu
libraries to lend books to the public public and research libraries to
Josef
in digital formats, irrespective of lend books to the public in digital
Weidenholzer
exception
allowing mandatory
formats
exception
for
allowing
personal
+
use,
recommends that authors should
be compensated for e-lending
through a statutory licence to the
same extent as this is the case for
the lending of physical books;
487
Paragraph
20 a (new)
Pascal Durand
20a. Stresses the need to ensure
the
swift
ratification
of
the
+
Marrakesh Treaty to Facilitate
Access to Published Works for
Persons Who Are Blind, Visually
Impaired,
or
Otherwise
Print
Disabled, without making the
ratification conditional to the
revision of the EU legal framework
on copyright, and then ensure that
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Draft Opinion
Comments
Amendment
the copyright laws of Member
States
contain
exceptions
adequate
to facilitate
the
availability of works in formats
accessible to persons with visual
impairments and other disabilities,
such as deafness.
488
Paragraph
Laura Ferrara
+
20b. Calls for the adoption of a
mandatory
20 b (new)
exception
allowing
libraries to digitalise content for
the
purposes
of
consultation,
cataloguing and archiving;
489
Paragraph
21
Kostas
21. Calls on the EU legislator to delete
Chrysogonos
preclude Member States from
-
introducing statutory licences for
the compensation of rightholders
The purpose of the original text is
for the harm caused by acts made
to ensure creators are free to
permissible by an exception;
choose if or not they wish to be
compensated and that models like
Creative Commons are not
hindered.
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MEP(s)
490
Paragraph
Jean-Marie
21. Calls on the EU legislator to deleted
Cavada
21
Draft Opinion
Amendment
Comments
-
hindered.
491
Paragraph
Tadeusz
21
Zwiefka
Bogdan
Brunon Wenta the compensation of rightholders
hindered.
492
Paragraph
21
Jiří Maštálka
Kostas
Chrysogonos
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Amendment
hindered.
493
Paragraph
21
Marie-
21. Calls on the EU legislator to 21. Considers that the licensing
Christine
preclude Member States from system currently in use should be
Boutonnet
introducing statutory licences for improved with care;
-
494
Paragraph
21
József Szájer
-
21. Calls on the EU legislator to 21. Invites the Commission to
preclude Member States from analyse the necessity of measures,
introducing statutory licences for if any, to be implemented by
the compensation of rightholders Member States so as to provide There is no need to repeat the
for the harm caused by acts made compensation to rightholders for three-step test.
the harm caused by acts made
permissible by an exception, while
they
should
rightholders
ensure
receive
that
fair
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Amendment
compensation
and
that
the Creative
Commons
are
not
exceptions or limitations do not hindered.
conflict with a normal exploitation
of the work or subject-matter and
do not unreasonably prejudice the
legitimate
interests
of
the
rightholders ;
495
Paragraph
21
-
Therese
Comodini
Cachia
Mary
the compensation of rightholders Member States so as to provide The purpose of the original text is
Honeyball
for the harm caused by acts made compensation to rightholders for to ensure creators are free to
Marc Joulaud
the harm caused by acts made choose if or not they wish to be
József Szájer
permissible by an exception while compensated and that models like
Giovanni Toti
they
Luis de
rightholders
Grandes
compensation
Pascual
exceptions or limitations do not
Rosa Estaràs
Ferragut
Sabine
should
ensure
receive
and
that
that Creative Commons are not
fair hindered.
the
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Draft Opinion
Verheyen
Comments
Amendment
legitimate
interests
of
the
rightholder;
496
Paragraph
21
Constance Le
Grip
preclude Member States from ensure that Member States make
-
introducing statutory licences for provision for measures which are
the compensation of rightholders necessary in order to provide The purpose of the original text is
for the harm caused by acts made compensation for the harm caused to ensure creators are free to
to rightholders by acts made choose if or not they wish to be
Creative
Commons
are
not
hindered.
497
Paragraph
Virginie
21
Rozière
preclude Member States from continue to guarantee to Member
-
introducing statutory licences for States the option of compensating
the compensation of rightholders rightholders for the harm caused The purpose of the original text is
for the harm caused by acts made by acts made permissible by an to ensure creators are free to
exception;
Creative
Commons
are
not
hindered.
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Comments
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Ref. Text
Amendment
498
Paragraph
Angelika
21. Calls on the EU legislator to 21.
21
Niebler
preclude Member States from available to Member States of
Respects
the
-
possibility
introducing statutory licences for introducing statutory licences for
the compensation of rightholders the compensation of rightholders The purpose of the original text is
for the harm caused by acts made for the harm caused by acts made to ensure creators are free to
Creative
Commons
are
not
hindered.
499
Paragraph
Axel Voss
-
21. Calls on the EU legislator to 21. Proposes that the EU legislator
preclude Member States from examine whether Member States
21
introducing statutory licences for should take measures for the
the compensation of rightholders compensation of rightholders for The purpose of the original text is
for the harm caused by acts made the harm caused by acts made to ensure creators are free to
Creative
Commons
are
not
hindered.
500
Paragraph
21
Juan Fernando 21. Calls on the EU legislator to 21. Calls on the EU legislator to
López Aguilar
preclude Member States from guarantee
Sergio
introducing statutory licences for remuneration for the harm caused
rightholders
fair
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Draft Opinion
Comments
Amendment
Gutiérrez
the compensation of rightholders by acts made permissible by an The purpose of the original text is
Prieto
for the harm caused by acts made exception;
Eider
Gardiazabal
Rubial
Creative
José Blanco
hindered.
Commons
are
not
López
504
Paragraph
21
Mary
Honeyball
-
the compensation of rightholders Member States so as to provide
for the harm caused by acts made compensation to rightholders for
permissible by an exception while
they
should
rightholders
compensation
ensure
receive
and
that
that
fair
the
exceptions of limitations do not
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Draft Opinion
Comments
Amendment
legitimate
interests
of
the
rightholder;
505
Paragraph
21
Cecilia
Wikström
preclude Member States from protect consumers by precluding
+
introducing statutory licences for Member States from introducing
the compensation of rightholders statutory
licences
for
the
for the harm caused by acts made compensation of rightholders for
508
Paragraph
Marietje
21b. Calls for ensuring access to
21 b (new)
Schaake
information for persons with a
+
disability, which is directly related
to the disability and of a noncommercial nature;
509
Paragraph
Julia Reda
21c.
21 c (new)
Christian Ehler
harmonisation between Member
Josef
States
Weidenholzer
interpretation of Article 5.2 b of
Deplores
Directive
as
the
lack
regards
2001/29/EC
of
+
the
on
exceptions for reproductions on
any medium made by a natural
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MEP(s)
Draft Opinion
Comments
Amendment
person for private use, and as
regards the remuneration schemes
to compensate for the prejudice to
rightholders put in place in some
Member States to allow for the
fair
compensation
of
the
rightholders in relation to these
acts of copying, which affects the
functioning of the internal market;
510
Paragraph
22
Jean-Marie
22. Calls for the adoption of 22. Believes that the private
Cavada
harmonised criteria for defining copying system is a virtuous
the harm caused to rightholders in system
that
balances
-
the
respect of reproductions made by exception for copying for private
a natural person for private use, use
with
the
right
to
fair
and for harmonised transparency remuneration of rightholders, and
measures as regards the private that
it
is
a
system
worth
copying levies put in place in some preserving;
Member States13;
__________________
13
__________________
13
As stated in António Vitorino’s
As stated in António Vitorino’s recommendations of 31 January
recommendations of 31 January 2013 resulting from the latest
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MEP(s)
Draft Opinion
Comments
Amendment
2013 resulting from the latest mediation process conducted by
mediation process conducted by the Commission in respect of
the Commission in respect of private copying and reprography
private copying and reprography levies.
levies.
512
Paragraph
22
Cecilia
22. Calls for the adoption of 22. Underlines that citizens in all
Wikström
harmonised criteria for defining Member States should have a
+
the harm caused to rightholders in legal right to make private copies
respect of reproductions made by for their own use of legally
a natural person for private use, acquired content without having
and for harmonised transparency to pay extra compensation to right
measures as regards the private holders through cumbersome and
copying levies put in place in some illogical
Member States13 ;
__________________
13
recommendations of 31 January
2013 resulting from the latest
mediation process conducted by
the Commission in respect of
devices;
levies
thus
on
technical
urges
the
commission to propose a fully
harmonised private copy exception
which would not cause harm to
right holders and which would
thus not need to be compensated
through a levy system;
private copying and reprography
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Draft Opinion
Comments
Amendment
levies.
513
Paragraph
22
Helga Trüpel
22. Calls for the adoption of 22. Urges the legislator to secure
harmonised criteria for defining the right to (digital) private
+
the harm caused to rightholders in copying coupled with a levy for a
respect of reproductions made by reasonable remuneration
that
a natural person for private use, may not be technically limited;
and for harmonised transparency
measures as regards the private
copying levies put in place in some
Member States13;
__________________
13
levies.
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520
Paragraph
22
MEP(s)
Draft Opinion
Comments
Amendment
Angel
22. Calls for the adoption of 22. Calls for the adoption of
Dzhambazki
harmonised criteria for defining harmonised criteria for defining
Sajjad Karim
the harm caused to rightholders in the harm caused to rightholders in
+
respect of reproductions made by a respect of reproductions made by a
natural person for private use, and natural person for private use,
for
harmonised
transparency taking into account recital 35 of
measures as regards the private the Directive, which recognises
copying levies put in place in some that harm to rightholders in some
Member States13 ;
__________________
13
levies.
circumstances is minimal and no
payment
is
made,
harmonised
and
for
transparency
measures as regards the private
copying levies put in place in some
Member States13 ; Draws attention
to the the discretion of Member
States
to
provide
alternative
modes of compensation to levies;
__________________
13
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Draft Opinion
Comments
Amendment
levies.
523
Paragraph
Laura Ferrara
22a. Notes that the right to
impose private copying levies
22 a (new)
+
should be governed in such a way
as to inform citizens of the actual
amount of the levy, its purpose
and how it is going to be used;
524
Paragraph
Christian Ehler
22b. Stresses that digital levies
22 b (new)
Sabine
should be made more transparent
Verheyen
and
Marc Joulaud
rightholder and consumer rights
and
optimised
by
Directive
taking
to
into
2014/26/EU
+
safeguard
account
of
the
European Parliament and of the
Council of 26 February 2014 on
collective
management
of
copyright and related rights and
multi-territorial licensing of rights
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MEP(s)
Draft Opinion
Comments
Amendment
in musical works for online use in
the internal market;
526
Paragraph
Marietje
22d. Cautions against private
22 d (new)
Schaake
enforcement
of
copyright
to
+
ensure a clear separation of
powers,
and
the
appropriate
judicial and democratic oversight;
528
Paragraph
Evelyn Regner
22f. Asks for further clarification
22 f (new)
Josef
that in the light of a fair balance,
Weidenholzer
no double remuneration should be
+
charged, if the user makes a
backup copy, where no harm is
caused. The remuneration should
refer to the actual damage.
529
Paragraph
23
Constance Le
23. Stresses that the effective deleted
Grip
exercise
of
exceptions
or
-
limitations, and access to content
that is not subject to copyright or
The original text and amendment
related rights protection, should
535 give consumers the possibility
not be hindered by technological
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Ref. Text
MEP(s)
Draft Opinion
Comments
Amendment
measures;
530
to enjoy their digital goods (e.g. e-
Paragraph
Virginie
23. Stresses that the effective deleted
23
Rozière
exercise
of
exceptions
books, music downloads, movies)
in the same ways as their analogue
or
equivalents (e.g. books, CDs, etc.)
limitations, and access to content
without
nowadays
Paragraph
Angelika
23. Stresses that the effective 23. Stresses that, especially in the
23
Niebler
exercise
exceptions
due
to
faced
contractual
technological measures).
measures;
of
hurdles
limitations or ‘digital locks’ (i.e.
531
the
or digital
age,
the
use
of
limitations, and access to content technological protection measures
that is not subject to copyright or should be allowed to redress the
related rights protection, should balance
between
free
not be hindered by technological reproduction (e.g. in the context of
measures;
private copying) and the exclusive
right to reproduction;
532
Paragraph
23
Cecilia
23. Stresses that the effective 23. Stresses that the effective
Wikström
exercise
of
exceptions
or exercise
of
exceptions
or
+
limitations, and access to content limitations, and access to content
that is not subject to copyright or that is not subject to copyright or
related rights protection, should related rights protection, should
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MEP(s)
Draft Opinion
Comments
Amendment
not be hindered by technological not be hindered by technological
measures and that member states
measures;
should
have
sufficient
enforcement measures in place to
deter any such actions;
533
Paragraph
23
Jean-Marie
23. Stresses that the effective 23.
Cavada
exercise
Virginie
Rozière
of
exceptions
Notes
or exercise
related rights protection, should related
that
of
rights
the
effective
exceptions
protection,
or
-
is
not be hindered by technological guaranteed by Article 6(4) 0f
measures;
534
Paragraph
23
Marie-
23. Stresses that the effective 23. Considers that the concept of
Christine
exercise
Boutonnet
limitations, and access to content should be respected;
of
exceptions
or the
principle
of
territoriality
-
The original text and amendment
535 give consumers the possibility
to enjoy their digital goods (e.g. e-
measures;
books, music downloads, movies)
in the same ways as their analogue
equivalents (e.g. books, CDs, etc.)
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MEP(s)
Draft Opinion
Comments
Amendment
without
nowadays
the
hurdles
due
to
faced
contractual
limitations or ‘digital locks’ (i.e.
technological measures).
535
Paragraph
23
Julia Reda
Josef
exercise
Weidenholzer
limitations, and access to content limitations,
of
exceptions
or exercise
of
exceptions
and
or
access
+
to
that is not subject to copyright or content that is not subject to
related rights protection, should copyright
or
related
rights
not be hindered by technological protection, should not be hindered
measures;
by
technological
measures
or
contractual terms;
536
Paragraph
23
Pascal Durand
exercise
of
exceptions
or exercise
of
exceptions
or
+
not be hindered by technological not be waived by contract or
measures;
hindered
by
technological
measures of protection or online
contracts
in the
digital
Page 131 of 144
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MEP(s)
Draft Opinion
Comments
Amendment
environment;
537
Paragraph
23
Angel
Dzhambazki
exercise
Sajjad Karim
of
exceptions
or exercise
of
exceptions
or
-
not be hindered by technological not
measures;
538
be
unduly hindered
by
technological measures;
Paragraph
Christian Ehler
23a. Points out that the rapid rate
23 a (new)
Sabine
of technological development in
Verheyen
the digital market calls for a
Marc Joulaud
technologically neutral legislative
+
framework for copyrights;
539
Paragraph
24
Kostas
24. Recommends making legal delete
Chrysogonos
protection
against
the
-
circumvention of any effective
technological
measures
conditional upon the publication
of the source code or the interface
specification, in order to secure
the integrity of devices on which
Page 132 of 144
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Ref. Text
MEP(s)
Draft Opinion
technological
protections
employed
and
interoperability;
particular,
Amendment
that
circumvention
of
to
Comments
are
ease
considers,
in
where
the
technological
measures is allowed, technological
means to achieve such authorised
circumvention must be available;
540
Paragraph
24
Constance Le
24. Recommends making legal deleted
Grip
protection
against
the
-
technological
measures
technological
protections
employed
and
interoperability;
particular,
that
circumvention
of
to
are
ease
considers,
in
where
the
technological
Page 133 of 144
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Ref. Text
MEP(s)
Draft Opinion
Amendment
Comments
541
Paragraph
24
Juan Fernando 24. Recommends making legal deleted
López Aguilar
protection
Sergio
Gutiérrez
technological
Prieto
Eider
Gardiazabal
Rubial
José Blanco
technological
López
employed
against
-
measures
protections
and
interoperability;
particular,
the
that
circumvention
of
to
are
ease
considers,
in
where
the
technological
Page 134 of 144
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Ref. Text
542
Paragraph
MEP(s)
József Szájer
Draft Opinion
protection
24
Amendment
against
the
Comments
-
technological
measures
technological
protections
employed
and
interoperability;
particular,
that
circumvention
of
to
are
ease
considers,
in
where
the
technological
543
Paragraph
24
Angel
Dzhambazki
protection
Sajjad Karim
technological
against
the
-
measures
Page 135 of 144
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Ref. Text
MEP(s)
Draft Opinion
Amendment
Comments
technological
protections
employed
and
interoperability;
particular,
that
circumvention
of
to
are
ease
considers,
in
where
the
technological
544
Paragraph
24
Jiří Maštálka
Kostas
protection
Chrysogonos
against
technological
the
-
measures
technological
employed
protections
and
to
are
ease
Page 136 of 144
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Ref. Text
MEP(s)
Draft Opinion
interoperability;
particular,
that
circumvention
of
Amendment
considers,
in
where
the
Comments
technological
545
Paragraph
24
Enrico
Gasbarra
protection
against
the
-
technological
measures
technological
protections
employed
and
interoperability;
particular,
that
circumvention
of
to
are
ease
considers,
in
where
the
technological
Page 137 of 144
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Ref. Text
MEP(s)
Draft Opinion
Amendment
Comments
546
Paragraph
Axel Voss
24. Recommends making legal delete
protection
24
against
the
-
technological
measures
technological
protections
employed
and
interoperability;
particular,
that
circumvention
of
to
are
ease
considers,
in
where
the
technological
547
Paragraph
24
Jean-Marie
Cavada
protection
Therese
Comodini
technological
against
the
-
measures
Page 138 of 144
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MEP(s)
Cachia
Draft Opinion
Amendment
Comments
technological
protections
employed
and
interoperability;
particular,
that
circumvention
of
to
are
ease
considers,
in
where
the
technological
548
Paragraph
24
Therese
Comodini
protection
Cachia
Eva Paunova
technological
Marc Joulaud
Pavel Svoboda
Jean-Marie
Cavada
Mary
technological
against
the
-
measures
protections
are
Page 139 of 144
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Ref. Text
MEP(s)
Draft Opinion
Honeyball
employed
József Szájer
interoperability;
Giovanni Toti
particular,
Luis de
circumvention
Grandes
Pascual
Rosa Estaràs
and
that
of
Comments
Amendment
to
ease
considers,
in
where
the
technological
Ferragut
Sabine
Verheyen
549
Paragraph
Angelika
24. Recommends making legal 24. Stresses that, especially in the
24
Niebler
protection
against
the digital
age,
the
use
of
-
circumvention of any effective technological protection measures
technological
measures should be allowed which redress
conditional upon the publication the
balance
between
free
of the source code or the interface reproduction (e.g. in the context of
specification, in order to secure private copying) and the exclusive
the integrity of devices on which right to reproduction;
technological
employed
protections
and
interoperability;
to
considers,
are
ease
in
Page 140 of 144
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Ref. Text
MEP(s)
Draft Opinion
particular,
that
circumvention
of
Comments
Amendment
where
the
technological
550
Paragraph
24
Marie-
24. Recommends making legal 24. Notes that the aims of the
Christine
protection
Boutonnet
circumvention of any effective attained;
against
technological
the 2001 directive have not been
measures make
it
technologies
possible
to
-
which
limit
conditional upon the publication unauthorised use of works, with
of the source code or the interface the exception of software, must
specification, in order to secure ensure interoperability;
technological
protections
employed
and
interoperability;
particular,
that
circumvention
of
to
are
ease
considers,
in
where
the
technological
Page 141 of 144
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Ref. Text
551
Paragraph
24
MEP(s)
Draft Opinion
Comments
Amendment
Inês Cristina
24. Recommends making legal 24. Recommends that the rules
Zuber
protection
against
the governing file-sharing for non-
-
circumvention of any effective commercial purposes be studied
technological
measures with
a
view
to
conditional upon the publication arrangements
of the source code or the interface intermediaries
establishing
requiring
to
pay
fair
specification, in order to secure compensation for creative work;
technological
protections
employed
and
interoperability;
particular,
that
circumvention
of
to
are
ease
considers,
in
where
the
technological
552
Paragraph
Isabella
24a. Urges to establish that the
24 a (new)
Adinolfi
orders against intermediaries to
+
protect copyright are given only by
the competent judicial authority
with
reference
to
the
limits
Page 142 of 144
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Ref. Text
MEP(s)
Draft Opinion
Comments
Amendment
imposed by Directive 2004/48 (ex
Art.
11),
Fundamental
the
Charter
Rights
of
of
the
European Union, Article. 51, par.
1, and Article 6 TEU;
554
Paragraph
Virginie
24c. Calls on distributors to publish
24 c (new)
Rozière
all
available
concerning
the
information
+
technological
measures necessary to ensure
interoperability of their content;
555
Paragraph
Enrico
24d. Expresses concern and regret
24 d (new)
Gasbarra
with
Silvia Costa
obstacles in the Council which are
Lidia Joanna
still delaying ratification of the
Geringer de
Treaty of Marrakesh for the Blind,
Oedenberg
which was already signed by the
regard
to
the
political
+
European Union in 2013;
556
Paragraph
Constance Le
24e. Calls on the Commission and
24 e (new)
Grip
the
Marc Joulaud
solutions for the displacement of
Jean-Marie
value from content to services;
legislature
to
consider
+
Page 143 of 144
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Ref. Text
MEP(s)
Draft Opinion
Comments
Amendment
Cavada
stresses the need to adjust the
Sabine
definition
Verheyen
intermediary in the current digital
of
the
status
of
environment;
Page 144 of 144

eblidacomments and voting recommendations on the amendments

Transcription

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