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Upphovsrätt på den digitala inre marknaden

Opinion Number: CDR 5114/2016
Rapporteur: D'ATTIS Mauro
Commission: SEDEC
Status: Adopted
Date: 08/02/2017
welcomes the proposed measures concerning the internal market for e-communications designed to speed up dynamic and sustainable growth in all economic sectors and to create jobs, as well as to ensure that copyright rules are modernised in light of the digital revolution and changes in consumer behaviour.
welcomes the development of measures to improve the position of rightholders to negotiate on the exploitation of their content, particularly as regards uses by online services which give access to user-uploaded content and which sometimes do not provide fair remuneration for this exploitation; stresses, however, that regional and local actors, start-ups and small businesses are often in a weaker position than large rightholders and must not be unduly restricted;
proposes in particular that the Commission should point out that without targeted investment in modernisation tools, management organisations will be depriving the market and their own members of a service which will improve both licensing systems and systems for collecting and distributing revenue
The opinon on "Copyright in the Digital Single Market" points out that it is important for online teaching resources to be available for use also for distance learning and periods of temporary residence abroad, for example, and not just in the country where the educational establishment is physically located.
The opinion also endorses the call for transparency in a market which for a long time has suffered from the effects of a lack of transparency, promoting special interests and often leading to contractual arrangements detrimental to creators.

- confirms local and regional authorities' pivotal role and potential in providing digital services for the general public and creating and managing digital infrastructure, often in the context of cross-border or interregional cooperation, with a view to removing barriers to online activity;

- is pleased that the Commission has granted the Member States room for manoeuvre with regard to applying the exceptions for the use of protected works for educational purposes. National, regional and local identity will thus be upheld, along with the specific types of licence resulting from different political and social circumstances;

- agrees that reinforcing the transparency clauses of contracts between creators and their counterparts is primarily intended to rebalance bargaining power in situations prejudicial to authors. Therefore notes that such action does not constitute a violation of contractual freedom, thus respecting the role played by the market in identifying offers suited to the parties' requirements;

- is pleased that the Commission intends to increase the presence of the European audiovisual catalogue on various digital platforms, particularly in light of the limited presence of works which, owing to their low economic value, have difficulty accessing traditional distribution channels.
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