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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 (2014/2256(INI))
See the blog post for background information. There is also a German version.
Scroll down to #007 for the findings and recommendations.
Ideas with a lightbulb icon are not part of my proposal but suggested additions by users.
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The European Parliament,
P1
– having regard to Articles 4, 26, 34, 114 and 118 of the Treaty on the Functioning of the European Union (TFEU),
– having regard to Articles 11, 13, 14, 16, 17 and 52 of the Charter of Fundamental Rights of the European Union,
– having regard to 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[1],
– having regard to the Berne Convention for the Protection of Literary and Artistic Works,
– having regard to the World Intellectual Property Organisation (WIPO) Copyright Treaty of 20 December 1996,
– having regard to the WIPO Performances and Phonograms Treaty of 20 December 1996,
– having regard to the WIPO Treaty on Audiovisual Performances, adopted by the WIPO Diplomatic Conference on the Protection of Audiovisual Performances in Beijing, on June 24, 2012,
– having regard to 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[2],
– having regard to Directive 2013/37/EU of 26 June 2013 amending Directive 2003/98/EC on the re-use of public sector information[3],
– having regard to Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works[4],
– having regard to Directive 2011/77/EU of the European Parliament and of the Council of 27 September 2011 amending Directive 2006/116/EC on the term of protection of copyright and certain related rights[5],
– having regard to Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission[6],
– having regard to Directive 92/100/EEC of 19 November 1992 on rental right and lending right and on certain rights related to copyright in the field of intellectual property[7],
– having regard to its resolution of 27 February 2014 on private copying levies (P7_TA(2014)0179,
– having regard to its resolution of 12 September 2013 on promoting the European cultural and creative sectors as sources of economic growth and jobs (P7_TA(2013)0368,
– having regard to the public consultation on the review of the EU copyright rules carried out by the Commission between 5 December 2013 and 5 March 2014,
– having regard to the Commission Green Paper, Copyright in the Knowledge Economy, COM(2008)0466,
– having regard to the Commission communication entitled A Single Market for Intellectual Property Rights: Boosting creativity and innovation to provide economic growth, high quality jobs and first class products and services in Europe (COM(2011)0287),
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P2
I welcome the call of art. 11 13, 14, 16, 17 and 52 of the Charter of
Fundamental Rights of the EU written in the preamble. I propose to supplement
that list with art. 7 and 8 of the Charter, concerning the right to privacy and personal data protection
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P3
I welcome the call of art. 11 13, 14, 16, 17 and 52 of the Charter of
Fundamental Rights of the EU written in the preamble. I propose to supplement
that list with art. 7 and 8 of the Charter, concerning the right to privacy and personal data protection
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P4
- Having regard to the report of the Special Rapporteur of the United Nations for the rights of access to science and culture. Recommending an appropriate balancing between Copyright and these first, not only in purely economic or mercantile part.[31]
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P5
A.whereas the European legal framework on copyright and related rights is central to the promotion of creativity and innovation, and to access to knowledge and information;
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P6
B. whereas the Directive on the harmonisation of certain aspects of copyright and related rights in the information society (2001/29/EC) aimed to adapt legislation on copyright and related rights to reflect technological developments;
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P7
C. whereas the Charter of Fundamental Rights protects the freedom of expression, of the arts and scientific research, the right to education and the freedom to conduct a business;
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P8
D. whereas Article 17 of the Charter of Fundamental Rights enshrines the right to property, with a distinction between the protection of possessions on the one hand (first paragraph), and the protection of intellectual property on the other hand (second paragraph);
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P10
E. whereas decisions on technical 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 content;[8]
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P11
1. Welcomes the initiative of the Commission to conduct a consultation on copyright, which showed great interest from civil society, with more than 9 500 replies collected, of which 58.7 % came from end users;[9]
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P12
2. Notes with concern that the vast majority of end user respondents to the consultation report facing problems when trying to access online services across EU Member States, particularly when technological protection measures are used to enforce territorial restrictions;
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Exclusive rights
P13
3. Acknowledges the necessity for authors and performers to be provided 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;
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P14
4. Considers the introduction of a single European Copyright Title based on Article 118 TFEU that would apply directly and uniformly across the Union, in compliance with the Commission's objective of better regulation, as a legal means to remedy the lack of harmonisation resulting from Directive 2001/29/EC;
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P15
5. Recommends that the EU legislator should further lower the barriers for re-use of public sector information by exempting works produced by the public sector - within the political, legal and administrative process - from copyright protection;
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+2
P16
6. Calls on the Commission to safeguard public domain works, which are by definition not subject to copyright protection, and therefore should be used and re-used without technical or contractual barriers; also calls on the Commission to recognise the freedom of rightholders to voluntarily relinquish their rights and dedicate their works to the public domain;
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P17
7. Calls on the Commission to harmonise the term of protection of copyright to a duration that does not exceed the current international standards set out in the Berne Convention;
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+2Exceptions and limitations
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