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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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P18
8. Calls on the EU legislator to remain faithful to the objective stated in Directive 2001/29/EC to safeguard a fair balance between the different categories of rightholders and users of protected subject-matters, as well as between the different categories of rightholders;
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P19
9. Notes that exceptions and limitations should be enjoyed in the digital environment without any unequal treatment compared to those granted in the analogue world;
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+2
P20
10. Views with concern the increasing impact of differences among Member States in the implementation of exceptions, which creates legal uncertainty and has direct negative effects on the functioning of the digital single market, in view of the development of cross-border activities;
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P21
11. Calls on the Commission to make mandatory all exceptions and limitations referred to in Directive 2001/29/EC, to allow equal access to cultural diversity across borders within the internal market and to improve legal security;
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P22
12. Notes with interest the development of new forms of use of works on digital networks, notably of transformative uses;
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P23
13. Calls for the adoption of an open norm introducing flexibility in the interpretation of exceptions 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;
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P24
14. Urges the European legislator to ensure technological neutrality and future-compatibility of exceptions and limitations by taking due account of the effects of media convergence; in particular, the exception for quotation should expressly include audio-visual quotations in its scope;
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P25
15. Stresses that the ability to freely link from one resource to another is one of the fundamental building blocks of the Internet; calls on the EU legislator to clarify that reference to works by means of a hyperlink is not subject to exclusive rights, as it is does not consist in a communication to a new public;[10]
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P26
Urges the EU legislator to create a Safe Harbor for online services with an exemption of liability as long as the online service acts in compliance with the law and blocks access to infringing content upon notice without imposing fees upon the provider or users of the service;
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P27
16. Calls on the EU legislator to ensure that the use of photographs, video footage or other images of works which are permanently located in public places are permitted;
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P28
17. Emphasises that the exception for caricature, parody and pastiche should apply regardless of the purpose of the parodic use;
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P29
18. Stresses the need to enable automated analytical techniques for text and data (e.g. 'text and data mining') for all purposes, provided that the permission to read the work has been acquired;
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P30
19. Calls for a broad exception for research and education purposes, which should not only cover educational establishments, but any kind of educational and research activities, including non-formal education;
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P31
20. Calls for the adoption of a mandatory exception allowing libraries to lend books to the public in digital formats, irrespective of the place of access;
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P32
21. Calls on the EU legislator to preclude Member States from introducing statutory licenses for the compensation of rightholders for the harm caused by acts made permissible by an exception;
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P33
22. Calls for the adoption of harmonised criteria for the definition of the harm caused to rightholders in respect of reproductions made by a natural person for private use, and for harmonised transparency measures as regards the private copying levies put in place in some Member States[11];
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P34
23. Stresses that the effective exercise of exceptions or limitations, and access to content that is not subject to copyright or related rights protection, should not be hindered by technological measures;
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P35
24. Recommends making legal 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 technological protections are employed and to ease interoperability; in particular, when the circumvention of technological measures is allowed, technological means to achieve such authorised circumvention must be available;
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P36
25.Instructs its President to forward this resolution to the Council, the Commission and the parliaments and governments of the Member States.
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