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Document 52018AP0337
Amendments adopted by the European Parliament on 12 September 2018 on the proposal for a directive of the European Parliament and of the Council on copyright in the Digital Single Market (COM(2016)0593 – C8-0383/2016 – 2016/0280(COD)) 1 1
Amendments adopted by the European Parliament on 12 September 2018 on the proposal for a directive of the European Parliament and of the Council on copyright in the Digital Single Market (COM(2016)0593 – C8-0383/2016 – 2016/0280(COD)) 1 1
Amendments adopted by the European Parliament on 12 September 2018 on the proposal for a directive of the European Parliament and of the Council on copyright in the Digital Single Market (COM(2016)0593 – C8-0383/2016 – 2016/0280(COD)) 1 1
OJ C 433, 23.12.2019, p. 248–301
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
23.12.2019 |
EN |
Official Journal of the European Union |
C 433/248 |
P8_TA(2018)0337
Copyright in the Digital Single Market ***I
Amendments adopted by the European Parliament on 12 September 2018 on the proposal for a directive of the European Parliament and of the Council on copyright in the Digital Single Market (COM(2016)0593 – C8-0383/2016 –2016/0280(COD)) (1)
(Ordinary legislative procedure: first reading)
(2019/C 433/36)
Amendment 1
Proposal for a directive
Recital 2
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Amendment 2
Proposal for a directive
Recital 3
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Amendment 3
Proposal for a directive
Recital 4
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Amendment 4
Proposal for a directive
Recital 5
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Amendment 5
Proposal for a directive
Recital 6
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Amendment 6
Proposal for a directive
Recital 8
Text proposed by the Commission |
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Amendment 7
Proposal for a directive
Recital 8 a (new)
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Amendment 8
Proposal for a directive
Recital 10
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Amendment 9
Proposal for a directive
Recital 13 a (new)
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Amendment 10
Proposal for a directive
Recital 15
Text proposed by the Commission |
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Amendment 11
Proposal for a directive
Recital 16
Text proposed by the Commission |
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Amendment 12
Proposal for a directive
Recital 16 a (new)
Text proposed by the Commission |
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Amendment 13
Proposal for a directive
Recital 17
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Amendment 14
Proposal for a directive
Recital 17 a (new)
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Amendment 15
Proposal for a directive
Recital 18
Text proposed by the Commission |
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Amendment 16
Proposal for a directive
Recital 19
Text proposed by the Commission |
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Amendment 17
Proposal for a directive
Recital 20
Text proposed by the Commission |
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Amendment 18
Proposal for a directive
Recital 21
Text proposed by the Commission |
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Amendment 19
Proposal for a directive
Recital 21 a (new)
Text proposed by the Commission |
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Amendment 20
Proposal for a directive
Recital 21 b (new)
Text proposed by the Commission |
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Amendment 21
Proposal for a directive
Recital 21 c (new)
Text proposed by the Commission |
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Amendment 22
Proposal for a directive
Recital 22
Text proposed by the Commission |
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Amendment 23
Proposal for a directive
Recital 22 a (new)
Text proposed by the Commission |
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Amendment 24
Proposal for a directive
Recital 23
Text proposed by the Commission |
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Amendment 25
Proposal for a directive
Recital 24
Text proposed by the Commission |
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Amendment 26
Proposal for a directive
Recital 25
Text proposed by the Commission |
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Amendment 27
Proposal for a directive
Recital 26
Text proposed by the Commission |
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Amendment 28
Proposal for a directive
Recital 27
Text proposed by the Commission |
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Amendment 29
Proposal for a directive
Recital 28
Text proposed by the Commission |
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Amendment 30
Proposal for a directive
Recital 28 a (new)
Text proposed by the Commission |
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Amendment 31
Proposal for a directive
Recital 30
Text proposed by the Commission |
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Amendment 32
Proposal for a directive
Recital 30 a (new)
Text proposed by the Commission |
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Amendments 33 and 137
Proposal for a directive
Recital 31
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Amendments 34 and 138
Proposal for a directive
Recital 32
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Amendment 139
Proposal for a directive
Recital 33
Text proposed by the Commission |
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Amendments 36 and 140
Proposal for a directive
Recital 34
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Amendment 37
Proposal for a directive
Recital 35
Text proposed by the Commission |
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Amendment 38
Proposal for a directive
Recital 36
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Amendment 39
Proposal for a directive
Recital 36 a (new)
Text proposed by the Commission |
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Amendments 40 and 215 rev
Proposal for a directive
Recital 37
Text proposed by the Commission |
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Amendment 143
Proposal for a directive
Recital 37 a (new)
Text proposed by the Commission |
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Amendments 144, 145 and 146
Proposal for a directive
Recital 38
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Amendment 147
Proposal for a directive
Recital 39
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Amendment 148
Proposal for a directive
Recital 39 a (new)
Text proposed by the Commission |
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Amendment 149
Proposal for a directive
Recital 39 b (new)
Text proposed by the Commission |
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Amendments 44 and 219
Proposal for a directive
Recital 39 c (new)
Text proposed by the Commission |
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Amendment 46
Proposal for a directive
Recital 39 d (new)
Text proposed by the Commission |
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Amendment 47
Proposal for a directive
Recital 40
Text proposed by the Commission |
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Amendment 48
Proposal for a directive
Recital 42
Text proposed by the Commission |
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Amendment 49
Proposal for a directive
Recital 43
Text proposed by the Commission |
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Amendment 50
Proposal for a directive
Recital 43 a (new)
Text proposed by the Commission |
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Amendment 51
Proposal for a directive
Recital 43 b (new)
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Amendment 52
Proposal for a directive
Recital 46
Text proposed by the Commission |
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Amendment 53
Proposal for a directive
Recital 46 a (new)
Text proposed by the Commission |
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Amendments 54 and 238
Proposal for a directive
Article 1
Text proposed by the Commission |
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Article 1 Subject matter and scope 1. This Directive lays down rules which aim at further harmonising the Union law applicable to copyright and related rights in the framework of the internal market, taking into account in particular digital and cross-border uses of protected content. It also lays down rules on exceptions and limitations, on the facilitation of licences as well as rules aiming at ensuring a well-functioning marketplace for the exploitation of works and other subject-matter. 2. Except in the cases referred to in Article 6, this Directive shall leave intact and shall in no way affect existing rules laid down in the Directives currently in force in this area, in particular Directives 96/9/EC, 2001/29/EC, 2006/115/EC, 2009/24/EC, 2012/28/EU and 2014/26/EU. |
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Article 1 Subject matter and scope 1. This Directive lays down rules which aim at further harmonising the Union law applicable to copyright and related rights in the framework of the internal market, taking into account in particular digital and cross-border uses of protected content. It also lays down rules on exceptions and limitations, on the facilitation of licences as well as rules aiming at ensuring a well-functioning marketplace for the exploitation of works and other subject-matter. 2. Except in the cases referred to in Article 6, this Directive shall leave intact and shall in no way affect existing rules laid down in the Directives currently in force in this area, in particular Directives 96/9/EC, 2000/31/EC , 2001/29/EC, 2006/115/EC, 2009/24/EC, 2012/28/EU and 2014/26/EU. |
Amendment 55
Proposal for a directive
Article 2 – paragraph 1 – point 1 – introductory part
Text proposed by the Commission |
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Amendment 57
Proposal for a directive
Article 2 – paragraph 1 – point 1 – subparagraph 2
Text proposed by the Commission |
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in such a way that the access to the results generated by the scientific research cannot be enjoyed on a preferential basis by an undertaking exercising a decisive influence upon such organisation; |
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in such a way that the access to the results generated by the scientific research cannot be enjoyed on a preferential basis by an undertaking exercising a significant influence upon such organisation; |
Amendment 58
Proposal for a directive
Article 2 – paragraph 1 – point 2
Text proposed by the Commission |
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Amendment 59
Proposal for a directive
Article 2 – paragraph 1 – point 4
Text proposed by the Commission |
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Amendment 60
Proposal for a directive
Article 2 – paragraph 1 – point 4 a (new)
Text proposed by the Commission |
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Amendment 150
Proposal for a directive
Article 2 – paragraph 1 – point 4b (new)
Text proposed by the Commission |
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Amendment 62
Proposal for a directive
Article 2 – paragraph 1 – point 4 c (new)
Text proposed by the Commission |
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Amendment 63
Proposal for a directive
Article 2 – paragraph 1 – point 4 d (new)
Text proposed by the Commission |
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Amendment 64
Proposal for a directive
Article 3
Text proposed by the Commission |
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Article 3 Text and data mining 1. Member States shall provide for an exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC and Article 11(1) of this Directive for reproductions and extractions made by research organisations in order to carry out text and data mining of works or other subject-matter to which they have lawful access for the purposes of scientific research. 2. Any contractual provision contrary to the exception provided for in paragraph 1 shall be unenforceable. 3. Rightholders shall be allowed to apply measures to ensure the security and integrity of the networks and databases where the works or other subject-matter are hosted. Such measures shall not go beyond what is necessary to achieve that objective. 4. Member States shall encourage rightholders and research organisations to define commonly-agreed best practices concerning the application of the measures referred to in paragraph 3. |
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Article 3 Text and data mining 1. Member States shall provide for an exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC and Article 11(1) of this Directive for reproductions and extractions of works or other subject-matter to which research organisations have lawful access and made in order to carry out text and data mining for the purposes of scientific research by such organisations. Member States shall provide for educational establishments and cultural heritage institutions conducting scientific research within the meaning of point (1)(a) or (1)(b) of Article 2, in such a way that the access to the results generated by the scientific research cannot be enjoyed on a preferential basis by an undertaking exercising a decisive influence upon such organisations, to also be able to benefit from the exception provided for in this Article. 1a. Reproductions and extractions made for text and data mining purposes shall be stored in a secure manner, for example by trusted bodies appointed for this purpose. 2. Any contractual provision contrary to the exception provided for in paragraph 1 shall be unenforceable. 3. Rightholders shall be allowed to apply measures to ensure the security and integrity of the networks and databases where the works or other subject-matter are hosted. Such measures shall not go beyond what is necessary to achieve that objective. 4. Member States may continue to provide text and data mining exceptions in accordance with point (a) of Article 5(3) of Directive 2001/29/EC. |
Amendment 65
Proposal for a directive
Article 3 a (new)
Text proposed by the Commission |
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Article 3a Optional exception or limitation for text and data mining 1. Without prejudice to Article 3 of this Directive, Member States may provide for an exception or a limitation to the rights provided for in Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC and Article 11(1) of this Directive for reproductions and extractions of lawfully accessible works and other subject-matter that form a part of the process of text and data mining, provided that the use of works and other subject matter referred to therein has not been expressly reserved by their rightholders, including by machine readable means. 2. Reproductions and extractions made pursuant to paragraph 1 shall not be used for purposes other than text and data mining. 3. Member States may continue to provide text and data mining exceptions in accordance with point (a) of Article 5 (3) of Directive 2001/29/EC. |
Amendment 66
Proposal for a directive
Article 4
Text proposed by the Commission |
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Article 4 Use of works and other subject-matter in digital and cross-border teaching activities 1. Member States shall provide for an exception or limitation to the rights provided for in Articles 2 and 3 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4(1) of Directive 2009/24/EC and Article 11(1) of this Directive in order to allow for the digital use of works and other subject-matter for the sole purpose of illustration for teaching, to the extent justified by the non-commercial purpose to be achieved, provided that the use:
2. Member States may provide that the exception adopted pursuant to paragraph 1 does not apply generally or as regards specific types of works or other subject-matter, to the extent that adequate licences authorising the acts described in paragraph 1 are easily available in the market. Member States availing themselves of the provision of the first subparagraph shall take the necessary measures to ensure appropriate availability and visibility of the licences authorising the acts described in paragraph 1 for educational establishments. 3. The use of works and other subject-matter for the sole purpose of illustration for teaching through secure electronic networks undertaken in compliance with the provisions of national law adopted pursuant to this Article shall be deemed to occur solely in the Member State where the educational establishment is established. 4. Member States may provide for fair compensation for the harm incurred by the rightholders due to the use of their works or other subject-matter pursuant to paragraph 1. |
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Article 4 Use of works and other subject-matter in digital and cross-border teaching activities 1. Member States shall provide for an exception or limitation to the rights provided for in Articles 2 and 3 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4(1) of Directive 2009/24/EC and Article 11(1) of this Directive in order to allow for the digital use of works and other subject-matter for the sole purpose of illustration for teaching, to the extent justified by the non-commercial purpose to be achieved, provided that the use:
2. Member States may provide that the exception adopted pursuant to paragraph 1 does not apply generally or as regards specific types of works or other subject-matter, such as material which is primarily intended for the educational market or sheet music , to the extent that adequate licencing agreements authorising the acts described in paragraph 1 and tailored to the needs and specificities of educational establishments are easily available in the market. Member States availing themselves of the provision of the first subparagraph shall take the necessary measures to ensure appropriate availability and visibility of the licences authorising the acts described in paragraph 1 for educational establishments. 3. The use of works and other subject-matter for the sole purpose of illustration for teaching through secure electronic environments undertaken in compliance with the provisions of national law adopted pursuant to this Article shall be deemed to occur solely in the Member State where the educational establishment is established. 4. Member States may provide for fair compensation for the harm incurred by the rightholders due to the use of their works or other subject-matter pursuant to paragraph 1. 4a. Without prejudice to paragraph 2, any contractual provision contrary to the exception or limitation adopted pursuant to paragraph 1 shall be unenforceable. Member States shall ensure that rightholders have the right to grant royalty-free licences authorising the acts described in paragraph 1, generally or as regards specific types of works or other subject-matter that they may choose. |
Amendment 67
Proposal for a directive
Article 5
Text proposed by the Commission |
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Amendment |
Article 5 Preservation of cultural heritage Member States shall provide for an exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4(1)(a) of Directive 2009/24/EC and Article 11(1) of this Directive, permitting cultural heritage institutions, to make copies of any works or other subject-matter that are permanently in their collections, in any format or medium, for the sole purpose of the preservation of such works or other subject-matter and to the extent necessary for such preservation. |
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Article 5 Preservation of cultural heritage 1. Member States shall provide for an exception to the rights provided for in Article 2 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4(1)(a) of Directive 2009/24/EC and Article 11(1) of this Directive, permitting cultural heritage institutions to make copies of any works or other subject-matter that are permanently in their collections, in any format or medium, for the purposes of preservation of such works or other subject-matter and to the extent necessary for such preservation. 1a. Member States shall ensure that any material resulting from an act of reproduction of material in the public domain shall not be subject to copyright or related rights, provided that such reproduction is a faithful reproduction for purposes of preservation of the original material. 1b. Any contractual provision contrary to the exception provided for in paragraph 1 shall be unenforceable. |
Amendment 68
Proposal for a directive
Article 6
Text proposed by the Commission |
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Amendment |
Article 6 Common provisions Article 5(5) and the first, third and fifth subparagraphs of Article 6(4) of Directive 2001/29/EC shall apply to the exceptions and the limitation provided for under this Title. |
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Article 6 Common provisions 1. Accessing content covered by an exception provided for in this Directive shall not confer on users any entitlement to use it pursuant to another exception. 2. Article 5(5) and the first, third, fourth and fifth subparagraphs of Article 6(4) of Directive 2001/29/EC shall apply to the exceptions and the limitation provided for under this Title. |
Amendment 69
Proposal for a directive
Article 7
Text proposed by the Commission |
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Article 7 Use of out-of-commerce works by cultural heritage institutions 1. Member States shall provide that when a collective management organisation, on behalf of its members, concludes a non-exclusive licence for non-commercial purposes with a cultural heritage institution for the digitisation, distribution, communication to the public or making available of out-of-commerce works or other subject-matter permanently in the collection of the institution, such a non-exclusive licence may be extended or presumed to apply to rightholders of the same category as those covered by the licence who are not represented by the collective management organisation, provided that:
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Article 7 Use of out-of-commerce works by cultural heritage institutions 1. Member States shall provide that when a collective management organisation, on behalf of its members, concludes a non-exclusive licence for non-commercial purposes with a cultural heritage institution for the digitisation, distribution, communication to the public or making available of out-of-commerce works or other subject-matter permanently in the collection of the institution, such a non-exclusive licence may be extended or presumed to apply to rightholders of the same category as those covered by the licence who are not represented by the collective management organisation, provided that:
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1a. Member States shall provide for an exception or limitation to the rights provided for in Articles 2 and 3 of Directive 2001/29/EC, Articles 5(a) and 7(1) of Directive 96/9/EC, Article 4(1) of Directive 2009/24/EC, and Article 11(1) of this Directive, permitting cultural heritage institutions to make copies available online of out-of-commerce works that are located permanently in their collections for not-for-profit purposes, provided that:
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1b. Member States shall provide that the exception adopted pursuant to paragraph 1a does not apply in sectors or for types of works where appropriate licensing-based solutions, including but not limited to solutions provided for in paragraph 1, are available. Member States shall, in consultation with authors, other rightholders, collective management organisations and cultural heritage institutions, determine the availability of extended collective licensing-based solutions for specific sectors or types of works. |
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2. A work or other subject-matter shall be deemed to be out of commerce when the whole work or other subject-matter, in all its translations, versions and manifestations, is not available to the public through customary channels of commerce and cannot be reasonably expected to become so. Member States shall, in consultation with rightholders, collective management organisations and cultural heritage institutions, ensure that the requirements used to determine whether works and other subject-matter can be licensed in accordance with paragraph 1 do not extend beyond what is necessary and reasonable and do not preclude the possibility to determine the out-of-commerce status of a collection as a whole, when it is reasonable to presume that all works or other subject-matter in the collection are out of commerce. |
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2. Member States may provide a cut-off date in relation to determining whether a work previously commercialised is deemed to be out of commerce. Member States shall, in consultation with rightholders, collective management organisations and cultural heritage institutions, ensure that the requirements used to determine whether works and other subject-matter can be licensed in accordance with paragraph 1 or used in accordance with paragraph 1a do not extend beyond what is necessary and reasonable and do not preclude the possibility to determine the out-of-commerce status of a collection as a whole, when it is reasonable to presume that all works or other subject-matter in the collection are out of commerce. |
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3. Member States shall provide that appropriate publicity measures are taken regarding:
including during a reasonable period of time before the works or other subject-matter are digitised, distributed, communicated to the public or made available. |
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3. Member States shall provide that appropriate publicity measures are taken regarding:
including during a period of at least six months before the works or other subject-matter are digitised, distributed, communicated to the public or made available. |
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4. Member States shall ensure that the licences referred to in paragraph 1 are sought from a collective management organisation that is representative for the Member State where:
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4. Member States shall ensure that the licences referred to in paragraph 1 are sought from a collective management organisation that is representative for the Member State where:
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5. Paragraphs 1, 2 and 3 shall not apply to the works or other subject-matter of third country nationals except where points (a) and (b) of paragraph 4 apply. |
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5. Paragraphs 1, 2 and 3 shall not apply to the works or other subject-matter of third country nationals except where points (a) and (b) of paragraph 4 apply. |
Amendment 70
Proposal for a directive
Article 8
Text proposed by the Commission |
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Amendment |
Article 8 Cross-border uses 1. Works or other subject-matter covered by a licence granted in accordance with Article 7 may be used by the cultural heritage institution in accordance with the terms of the licence in all Member States. 2. Member States shall ensure that information that allows the identification of the works or other subject-matter covered by a licence granted in accordance with Article 7 and information about the possibility of rightholders to object referred to in Article 7(1)(c) are made publicly accessible in a single online portal for at least six months before the works or other subject-matter are digitised, distributed, communicated to the public or made available in Member States other than the one where the licence is granted, and for the whole duration of the licence. 3. The portal referred to in paragraph 2 shall be established and managed by the European Union Intellectual Property Office in accordance with Regulation (EU) No 386/2012. |
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Article 8 Cross-border uses 1. Out-of-commerce works or other subject-matter covered by Article 7 may be used by the cultural heritage institution in accordance with that Article in all Member States. 2. Member States shall ensure that information that allows the identification of the works or other subject-matter covered by Article 7 and information about the possibility of rightholders to object referred to in point (c) of Article 7(1) and point (b) of Article 7(1a) are made permanently, easily and effectively accessible in a public single online portal for at least six months before the works or other subject-matter are digitised, distributed, communicated to the public or made available in Member States other than the one where the licence is granted, or in the cases covered by Article 7(1a), where the cultural heritage institution is established and for the whole duration of the licence. 3. The portal referred to in paragraph 2 shall be established and managed by the European Union Intellectual Property Office in accordance with Regulation (EU) No 386/2012. |
Amendment 71
Proposal for a directive
Article 9 – paragraph 1
Text proposed by the Commission |
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Amendment |
Member States shall ensure a regular dialogue between representative users' and rightholders' organisations, and any other relevant stakeholder organisations, to, on a sector-specific basis, foster the relevance and usability of the licensing mechanisms referred to in Article 7(1), ensure the effectiveness of the safeguards for rightholders referred to in this Chapter, notably as regards publicity measures, and, where applicable, assist in the establishment of the requirements referred to in the second subparagraph of Article 7(2). |
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Member States shall ensure a regular dialogue between representative users' and rightholders' organisations, and any other relevant stakeholder organisations, to, on a sector-specific basis, foster the relevance and usability of the licensing mechanisms referred to in Article 7(1) and the exception referred to in Article 7(1a) , ensure the effectiveness of the safeguards for rightholders referred to in this Chapter, notably as regards publicity measures, and, where applicable, assist in the establishment of the requirements referred to in the second subparagraph of Article 7(2). |
Amendment 72
Proposal for a directive
Article 10
Text proposed by the Commission |
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Amendment |
Article 10 Negotiation mechanism Member States shall ensure that where parties wishing to conclude an agreement for the purpose of making available audiovisual works on video-on-demand platforms face difficulties relating to the licensing of rights, they may rely on the assistance of an impartial body with relevant experience. That body shall provide assistance with negotiation and help reach agreements. No later than [date mentioned in Article 21(1)] Member States shall notify to the Commission the body referred to in paragraph 1. |
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Article 10 Negotiation mechanism Member States shall ensure that where parties wishing to conclude an agreement for the purpose of making available audiovisual works on video-on-demand platforms face difficulties relating to the licensing of audiovisual rights, they may rely on the assistance of an impartial body with relevant experience. The impartial body created or designated by the Member State for the purpose of this Article shall provide assistance to the parties with negotiation and help them to reach agreement. No later than [date mentioned in Article 21(1)] Member States shall inform the Commission of the body they create or designate pursuant to the first paragraph. To encourage the availability of audiovisual works on video-on-demand platforms, Member States shall foster dialogue between representative organisations of authors, producers, video-on-demand platforms and other relevant stakeholders. |
Amendment 73
Proposal for a directive
Title III – Chapter 2 a (new) – Article 10 a (new)
Text proposed by the Commission |
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Amendment |
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CHAPTER 2a Access to Union publications Article 10 a Union Legal Deposit 1. Any electronic publication dealing with Union-related matters such as Union law, Union history and integration, Union policy and Union democracy, institutional and parliamentary affairs, and politics, that is made available to the public in the Union shall be subject to a Union Legal Deposit. 2. The European Parliament Library shall be entitled to delivery, free of charge, of one copy of every publication referred to in paragraph 1. 3. The obligation set out in paragraph 1 shall apply to publishers, printers and importers of publications for the works they publish, print or import in the Union. 4. From the day of the delivery to the European Parliament Library, the publications referred to in paragraph 1 shall become part of the European Parliament Library permanent collection. They shall be made available to users at the European Parliament Library’s premises exclusively for the purpose of research or study by accredited researchers and under the control of the European Parliament Library. 5. The Commission shall adopt acts to specify the modalities relating to the delivery to the European Parliament Library of publications referred to in paragraph 1. |
Amendments 151, 152, 153, 154 and 155
Proposal for a directive
Article 11
Text proposed by the Commission |
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Amendment |
Article 11 Protection of press publications concerning digital uses 1. Member States shall provide publishers of press publications with the rights provided for in Article 2 and Article 3(2) of Directive 2001/29/EC for the digital use of their press publications. 2. The rights referred to in paragraph 1 shall leave intact and shall in no way affect any rights provided for in Union law to authors and other rightholders, in respect of the works and other subject-matter incorporated in a press publication. Such rights may not be invoked against those authors and other rightholders and, in particular, may not deprive them of their right to exploit their works and other subject-matter independently from the press publication in which they are incorporated. 3. Articles 5 to 8 of Directive 2001/29/EC and Directive 2012/28/EU shall apply mutatis mutandis in respect of the rights referred to in paragraph 1. 4. The rights referred to in paragraph 1 shall expire 20 years after the publication of the press publication. This term shall be calculated from the first day of January of the year following the date of publication. |
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Article 11 Protection of press publications concerning digital uses 1. Member States shall provide publishers of press publications with the rights provided for in Article 2 and Article 3(2) of Directive 2001/29/EC so that they may obtain fair and proportionate remuneration for the digital use of their press publications by information society service providers . 1a. The rights referred to in paragraph 1 shall not prevent legitimate private and non-commercial use of press publications by individual users. 2. The rights referred to in paragraph 1shall leave intact and shall in no way affect any rights provided for in Union law to authors and other rightholders, in respect of the works and other subject-matter incorporated in a press publication. Such rights may not be invoked against those authors and other rightholders and, in particular, may not deprive them of their right to exploit their works and other subject-matter independently from the press publication in which they are incorporated. 2a. The rights referred to in paragraph 1 shall not extend to mere hyperlinks which are accompanied by individual words. 3. Articles 5 to 8 of Directive 2001/29/EC and Directive 2012/28/EU shall apply mutatis mutandis in respect of the rights referred to in paragraph 1. 4. The rights referred to in paragraph 1 shall expire 5 years after the publication of the press publication. This term shall be calculated from the first day of January of the year following the date of publication. The right referred to in paragraph 1 shall not apply with retroactive effect. 4a. Member States shall ensure that authors receive an appropriate share of the additional revenues press publishers receive for the use of a press publication by information society service providers |
Amendment 75
Proposal for a directive
Article 12
Text proposed by the Commission |
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Amendment |
Article 12 Claims to fair compensation Member States may provide that where an author has transferred or licensed a right to a publisher, such a transfer or a licence constitutes a sufficient legal basis for the publisher to claim a share of the compensation for the uses of the work made under an exception or limitation to the transferred or licensed right. |
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Article 12 Claims to fair compensation Member States with compensation-sharing systems between authors and publishers for exceptions and limitations may provide that where an author has transferred or licensed a right to a publisher, such a transfer or a licence constitutes a sufficient legal basis for the publisher to claim a share of the compensation for the uses of the work made under an exception or limitation to the transferred or licensed right, provided that an equivalent compensation-sharing system was in operation in that Member State before 12 November 2015. The first paragraph shall be without prejudice to the arrangements in Member States concerning public lending rights, the management of rights not based on exceptions or limitations to copyright, such as extended collective licensing schemes, or concerning remuneration rights on the basis of national law. |
Amendment 76
Proposal for a directive
Title IV - Chapter 1 a (new) – Article 12 a (new)
Text proposed by the Commission |
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Amendment |
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CHAPTER 1 a Protection of sport event organizers Article 12 a Protection of sport event organizers Member States shall provide sport event organizers with the rights provided for in Article 2 and Article 3 (2) of Directive 2001/29/EC and Article 7 of Directive 2006/115/EC. |
Amendments 156, 157, 158, 159, 160 and 161
Proposal for a directive
Article 13
Text proposed by the Commission |
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Amendment |
Article 13 Use of protected content by online content sharing service providers storing and giving access to large amounts of works and other subject-matter uploaded by their users 1. Information society service providers that store and provide to the public access to large amounts of works or other subject-matter uploaded by their users shall, in cooperation with rightholders, take measures to ensure the functioning of agreements concluded with rightholders for the use of their works or other subject-matter or to prevent the availability on their services of works or other subject-matter identified by rightholders through the cooperation with the service providers. Those measures, such as the use of effective content recognition technologies , shall be appropriate and proportionate. The service providers shall provide rightholders with adequate information on the functioning and the deployment of the measures, as well as, when relevant, adequate reporting on the recognition and use of the works and other subject-matter. 2. Member States shall ensure that the service providers referred to in paragraph 1 put in place complaints and redress mechanisms that are available to users in case of disputes over the application of the measures referred to in paragraph 1. 3. Member States shall facilitate, where appropriate , the cooperation between the information society service providers and rightholders through stakeholder dialogues to define best practices, such as appropriate and proportionate content recognition technologies , taking into account, among others, the nature of the services, the availability of the technologies and their effectiveness in light of technological developments. |
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Article 13 Use of protected content by online content sharing service providers storing and giving access to large amounts of works and other subject-matter uploaded by their users 1. Without prejudice to Article 3(1) and (2) of Directive 2001/29/EC, online content sharing service providers perform an act of communication to the public. They shall therefore conclude fair and appropriate licensing agreements with right holders . 2. Licensing agreements which are concluded by online content sharing service providers with right holders for the acts of communication referred to in paragraph 1, shall cover the liability for works uploaded by the users of such online content sharing services in line with the terms and conditions set out in the licensing agreement, provided that such users do not act for commercial purposes . 2a. Member States shall provide that where right holders do not wish to conclude licensing agreements, online content sharing service providers and right holders shall cooperate in good faith in order to ensure that unauthorised protected works or other subject matter are not available on their services. Cooperation between online content service providers and right holders shall not lead to preventing the availability of non-infringing works or other protected subject matter, including those covered by an exception or limitation to copyright. 2b. Members States shall ensure that online content sharing service providers referred to in paragraph 1 put in place effective and expeditious complaints and redress mechanisms that are available to users in case the cooperation referred to in paragraph 2a leads to unjustified removals of their content. Any complaint filed under such mechanisms shall be processed without undue delay and be subject to human review. Right holders shall reasonably justify their decisions to avoid arbitrary dismissal of complaints. Moreover, in accordance with Directive 95/46/EC, Directive 2002/58/EC and the General Data Protection Regulation, the cooperation shall not lead to any identification of individual users nor the processing of their personal data. Member States shall also ensure that users have access to an independent body for the resolution of disputes as well as to a court or another relevant judicial authority to assert the use of an exception or limitation to copyright rules. |
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3. As of [date of entry into force of this directive], the Commission and the Member States shall organise dialogues between stakeholders to harmonise and to define best practices and issue guidance to ensure the functioning of licensing agreements and on cooperation between online content sharing service providers and right holders for the use of their works or other subject matter within the meaning of this Directive. When defining best practices, special account shall be taken of fundamental rights, the use of exceptions and limitations as well as ensuring that the burden on SMEs remains appropriate and that automated blocking of content is avoided . |
Amendments 78 and 252
Proposal for a directive
Article 13 a (new)
Text proposed by the Commission |
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Amendment |
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Article 13a Member States shall provide that disputes between successors in title and information society services regarding the application of Article 13(1) may be subject to an alternative dispute resolution system. Member States shall establish or designate an impartial body with the necessary expertise, with the aim of helping the parties to settle their disputes under this system. The Member States shall inform the Commission of the establishment of this body no later than (date mentioned in Article 21(1)). |
Amendment 79
Proposal for a directive
Article 13 b (new)
Text proposed by the Commission |
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Amendment |
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Article 13b Use of protected content by information society services providing automated image referencing Member States shall ensure that information society service providers that automatically reproduce or refer to significant amounts of copyright-protected visual works and make them available to the public for the purpose of indexing and referencing conclude fair and balanced licensing agreements with any requesting rightholders in order to ensure their fair remuneration. Such remuneration may be managed by the collective management organisation of the rightholders concerned. |
Amendment 80
Proposal for a directive
Chapter 3 –Article -14 (new)
Text proposed by the Commission |
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Amendment |
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Article -14 Principle of fair and proportionate remuneration 1. Member States shall ensure that authors and performers receive fair and proportionate remuneration for the exploitation of their works and other subject matter, including for their online exploitation. This may be achieved in each sector through a combination of agreements, including collective bargaining agreements, and statutory remuneration mechanisms. 2. Paragraph 1 shall not apply where an author or performer grants a non-exclusive usage right for the benefit of all users free of charge. 3. Member States shall take account of the specificities of each sector in encouraging the proportionate remuneration for rights granted by authors and performers. 4. Contracts shall specify the remuneration applicable to each mode of exploitation. |
Amendment 81
Proposal for a directive
Article 14
Text proposed by the Commission |
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Amendment |
Article 14 Transparency obligation 1. Member States shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector, timely, adequate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights, notably as regards modes of exploitation, revenues generated and remuneration due. 2. The obligation in paragraph 1 shall be proportionate and effective and shall ensure an appropriate level of transparency in every sector. However, in those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance, Member States may adjust the obligation in paragraph 1, provided that the obligation remains effective and ensures an appropriate level of transparency. 3. Member States may decide that the obligation in paragraph 1 does not apply when the contribution of the author or performer is not significant having regard to the overall work or performance . 4. Paragraph 1 shall not be applicable to entities subject to the transparency obligations established by Directive 2014/26/EU. |
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Article 14 Transparency obligation 1. Member States shall ensure that authors and performers receive on a regular basis, not less than once a year , and taking into account the specificities of each sector and the relative importance of each individual contribution , timely, accurate, relevant and comprehensive information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights, notably as regards modes of exploitation, direct and indirect revenues generated, and remuneration due. 1a. Member States shall ensure that where the licensee or transferee of rights of authors and performers subsequently licenses those rights to another party, such party shall share all information referred to in paragraph 1 with the licensee or transferee. The main licensee or transferee shall pass all the information referred to in the first subparagraph on to the author or performer. That information shall be unchanged, except in the case of commercially sensitive information as defined by Union or national law, which, without prejudice to Articles 15 and 16a, may be subject to a non-disclosure agreement, for the purpose of preserving fair competition. Where the main licensee or transferee does not provide the information as referred to in this subparagraph in a timely manner, the author or performer shall be entitled to request that information directly from the sub-licensee. 2. The obligation in paragraph 1 shall be proportionate and effective and shall ensure a high level of transparency in every sector. However, in those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance, Member States may adjust the obligation in paragraph 1, provided that the obligation remains effective and ensures a high level of transparency. 4. 4. Paragraph 1 shall not be applicable to entities subject to the transparency obligations established by Directive 2014/26/EU or to collective bargaining agreements, where those obligations or agreements provide for transparency requirements comparable to those referred to in paragraph 2. |
Amendment 82
Proposal for a directive
Article 15 – paragraph 1
Text proposed by the Commission |
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Amendment |
Member States shall ensure that authors and performers are entitled to request additional, appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low compared to the subsequent relevant revenues and benefits derived from the exploitation of the works or performances. |
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Member States shall ensure, in the absence of collective bargaining agreements providing for a comparable mechanism , that authors and performers or any representative organisation acting on their behalf are entitled to claim additional, appropriate and fair remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low compared to the subsequent relevant direct or indirect revenues and benefits derived from the exploitation of the works or performances. |
Amendment 83
Proposal for a directive
Article 16 – paragraph 1
Text proposed by the Commission |
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Amendment |
Member States shall provide that disputes concerning the transparency obligation under Article 14 and the contract adjustment mechanism under Article 15 may be submitted to a voluntary, alternative dispute resolution procedure. |
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Member States shall provide that disputes concerning the transparency obligation under Article 14 and the contract adjustment mechanism under Article 15 may be submitted to a voluntary, alternative dispute resolution procedure. Member States shall ensure that representative organisations of authors and performers may initiate such procedures at the request of one or more authors and performers. |
Amendment 84
Proposal for a directive
Article 16 a (new)
Text proposed by the Commission |
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Amendment |
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Article 16 a Right of revocation 1. Member States shall ensure that where an author or a performer has licensed or transferred her or his rights concerning a work or other protected subject-matter on an exclusive basis, the author or performer has a right of revocation where there is an absence of exploitation of the work or other protected subject matter or where there is a continuous lack of regular reporting in accordance with Article 14. Member States may provide for specific provisions taking into account the specificities of different sectors and works and anticipated exploitation period, notably provide for time limits for the right of revocation. 2. The right of revocation provided for in paragraph 1 may be exercised only after a reasonable time from the conclusion of the licence or transfer agreement, and only upon written notification setting an appropriate deadline by which the exploitation of the licensed or transferred rights is to take place. After the expiration of that deadline, the author or performer may choose to terminate the exclusivity of the contract instead of revoking the rights. Where a work or other subject-matter contains the contribution of a plurality of authors or performers, the exercise of the individual right of revocation of such authors or performers shall be regulated by national law, laying down the rules on the right of revocation for collective works, taking into account the relative importance of the individual contributions. 3. Paragraphs 1 and 2 shall not apply if the non-exercise of the rights is predominantly due to circumstances which the author or the performer can be reasonably expected to remedy. 4. Contractual or other arrangements derogating from the right of revocation shall be lawful only if concluded by means of an agreement which is based on a collective bargaining agreement. |
Amendment 85
Proposal for a directive
Article 17 a (new)
Text proposed by the Commission |
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Amendment |
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Article 17 a Member States may adopt or maintain in force broader provisions, compatible with the exceptions and limitations existing in Union law, for uses covered by the exceptions or the limitation provided for in this Directive. |
Amendment 86
Proposal for a directive
Article 18 – paragraph 2
Text proposed by the Commission |
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Amendment |
2. The provisions of Article 11 shall also apply to press publications published before [the date mentioned in Article 21(1)]. |
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deleted |
(1) The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A8-0245/2018).
(2) COM(2015) 626 final .
(3) COM(2015) 626 final .
(4) Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (OJ L 77, 27.3.1996, p. 20–28 ).
(5) 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 (OJ L 167, 22.6.2001, p. 10–19 ).
(6) Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property (OJ L 376, 27.12.2006, p. 28–35 ).
(7) Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs (OJ L 111, 5.5.2009, p. 16–22 ).
(8) Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works (OJ L 299, 27.10.2012, p. 5–12 ).
(9) Directive 2014/26/EU 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 in musical works for online use in the internal market (OJ L 84, 20.3.2014, p. 72–98 ).
(10) Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases (OJ L 77, 27.3.1996, p. 20).
(11) Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (‘Directive on electronic commerce’) (OJ L 178, 17.7.2000, p. 1).
(12) 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 (OJ L 167, 22.6.2001, p. 10).
(13) Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property (OJ L 376, 27.12.2006, p. 28).
(14) Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs (OJ L 111, 5.5.2009, p. 16).
(15) Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works (OJ L 299, 27.10.2012, p. 5).
(16) Directive 2014/26/EU 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 in musical works for online use in the internal market (OJ L 84, 20.3.2014, p. 72).
(17) Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (OJ L 178, 17.7.2000, p. 1–16).
(18) Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015 laying down a procedure for the provision of information in the field of technical regulations and of rules on Information Society services (OJ L 241, 17.9.2015, p. 1).