51995AP0290

A4-0290/95

Decision on the common position adopted by the Council with a view to adopting a European Parliament and Council directive on the legal protection of databases (C4-0370/95 - 00/0393(COD))

(Codecision procedure: second reading)

The European Parliament,

- having regard to the common position of the Council, C4-0370/95 - 00/0393(COD),

- having regard to its opinion at first reading ((OJ C 194, 19.7.1993, p. 144.)) on the Commission proposal to the Council (COM(92)0024) ((OJ C 156, 23.6.1992, p. 4.)),

- having regard to the amended Commission proposal, COM(93)0464 ((OJ C 308, 15.11.1993, p. 1.)),

- having regard to Article 189b(2) of the EC Treaty,

- having regard to Rule 72 of its Rules of Procedure,

- having regard to the recommendation for second reading of the Committee on Legal Affairs and Citizens' Rights (A4-0290/95),

1. Amends the common position as follows;

2. Calls on the Commission to support Parliament's amendments in the opinion it is required to deliver pursuant to Article 189b(2)(d) of the EC Treaty;

3. Calls on the Council to approve all Parliament's amendments, amend its common position accordingly and definitively adopt the act;

4. Calls for the Conciliation Committee to be convened, pursuant to Article 189b(3) of the EC Treaty, should the Council not adopt the act;

5. Instructs its President to forward this decision to the Council and Commission.

(Amendment 9)

Recital 22

>Original text>

(22) Whereas electronic databases within the meaning of this Directive also include devices such as CD-ROM and CD-i;

>Text following EP vote>

(22) Whereas electronic databases within the meaning of this Directive may also include devices such as CD-ROM and CD-i;

(Amendment 11)

Recital 49

>Original text>

(49) Whereas, notwithstanding the right to prevent extraction and/or re- utilization of all or a substantial part of a database, it should be laid lown that the maker of a database or his successor in title may not prevent a lawful user of the database from extracting and re- utilizing insubstantial parts; whereas, however, that user may not unjustifiably prejudice either the legitimate interests of the holder of the sui generis right or the holder of copyright or a related right in respect of the works or services contained in the database;

>Text following EP vote>

(49) Whereas, notwithstanding the right to prevent extraction and/or re- utilization of all or a substantial part of a database, it should be laid lown that the maker of a database or rightholder may not prevent a lawful user of the database from extracting and re-utilizing insubstantial parts; whereas, however, that user may not unjustifiably prejudice either the legitimate interests of the holder of the sui generis right or the holder of copyright or a related right in respect of the works or services contained in the database;

(Amendment 1)

Recital 50

>Original text>

(50) Whereas the Member States should be given the option of providing for exceptions to the right to prevent the unauthorized extraction and/or re-utilization of a substantial part of the contents of a database in the case of extraction for private purposes, for the purposes of illustration for teaching or scientific research, or where there is extraction and/or re-utilization for the purposes of public security or the proper performance of an administrative or judicial procedure; whereas such operations must not prejudice the exclusive rights of the maker to exploit the database and their purpose must not be commercial;

>Text following EP vote>

(50) Whereas the Member States should be given the option of providing for exceptions to the right to prevent the unauthorized extraction and/or re-utilization of a substantial part of the contents of a database in the case of extraction for private purposes, for the purposes of illustration for teaching or scientific research, or where extraction and/or re-utilization are/is carried out in the interests of public security or for the purposes of an administrative or judicial procedure; whereas such operations must not prejudice the exclusive rights of the maker to exploit the database and their purpose must not be commercial;

(Amendment 2)

Recital 52

>Original text>

(52) Whereas those Member States which already have specific national legislation providing for a right which is similar to the sui generis right provided for in this Directive may retain the exceptions to that right traditionally permitted by that legislation;

>Text following EP vote>

(52) Whereas those Member States which have specific rules providing for a right comparable to the sui generis right provided for in this Directive should be permitted to retain, as far as the new law is concerned, the exceptions traditionally specified by that legislation;

(Amendment 3)

Article 6(2) (b) to (d)

>Original text>

(b) where there is use for the sole purposes of illustration for teaching or scientific research, to the extent justified by the non-commercial purpose;

>Text following EP vote>

(b) where there is use for the sole purposes of illustration for teaching or scientific research, as long as the source is indicated and to the extent justified by the non-commercial objective;

>Original text>

(c) where there is use for the purposes of public security or for the purposes of the proper performance of an administrative and judicial procedure;

>Text following EP vote>

(c) where there is use for the purposes of public security or for the purposes of an administrative and judicial procedure;

>Original text>

(d) where other exceptions to copyright which are traditionally permitted by the Member State concerned are involved, without prejudice to points (a), (b) and (c).

>Text following EP vote>

(d) where other exceptions to copyright which are traditionally authorized under national law are involved, without prejudice to points (a), (b) and (c).

(Amendment 6)

Article 7(5)

>Original text>

5. The repeated and systematic extraction and/or re-utilization of insubstantial parts of the contents of the database which would have the result of performing acts which conflict with normal exploitation of that database or which unjustifiably prejudice the legitimate interests of the maker of the database shall not be permitted.

>Text following EP vote>

5. The repeated and systematic extraction and/or re-utilization of insubstantial parts of the contents of the database implying acts incompatible with normal exploitation of that database or causing unjustifiable damage to the legitimate interests of the maker of the database shall not be permitted.

(Amendment 8)

Article 9

>Original text>

Member States shall have the option to lay down that lawful users of a database which is made available to the public in whatever manner may, without the authorization of its maker, extract or re-utilize a substantial part of its contents:

>Text following EP vote>

Member States may stipulate that lawful users of a database which is made available to the public in whatever manner may, without the authorization of its maker, extract or re-utilize a substantial part of its contents:

>Original text>

(a) in the case of extraction for private purposes of the contents of a non- electronic database;

>Text following EP vote>

(a) in the case of extraction for private purposes of the contents of a non- electronic database;

>Original text>

(b) in the case of extraction for the purposes of illustration for teaching or scientific research, as long as the source is indicated and to the extent justified by the non-commercial purpose to be achieved;

>Text following EP vote>

(b) in the case of extraction for the purposes of illustration for teaching or scientific research, as long as the source is indicated and to the extent justified by the non-commercial purpose to be achieved;

>Original text>

(c) in the case of extraction and/or re-utilization for the purposes of public security or the proper performance of an administrative or judicial procedure.

>Text following EP vote>

(c) in the case of extraction and/or re-utilization for the purposes of public security or an administrative or judicial procedure.

(Amendment 10)

Article 11(1)

>Original text>

1. The right provided for in Article 7 shall apply to databases whose makers or successors in title are nationals of a Member State or who have their habitual residence in the territory of the Community.

>Text following EP vote>

1. The right provided for in Article 7 shall apply to databases whose makers or rightholders are nationals of a Member State or who have their habitual residence in the territory of the Community.