2016/0284(COD) | [ParlTrack]

Proposal for a regulation
Article 3 – paragraph 4

(4) A right holder shall have the same rights and obligations resulting from the agreement between the operator of the retransmission service and the collective management organisation which is deemed to be mandated to manage his or her right as the right holders who have mandated that collective management organisation and shall be able to claim those rights within a period, to be fixed by the Member State concerned, which shall not be shorter than three years from the date of the retransmission which includes his or her work or other protected subject matter.deleted

Amendment 101 #

Proposal for a regulation
Article 3 – paragraph 5

(5) A Member State may provide that, where a right holder authorises the initial transmission within its territory of a work or other protected subject matter, the right holder shall be deemed to have agreed not to exercise his or her rights in retransmission on an individual basis but to exercise them in accordance with this Regulation.deleted

Amendment 102 #

Proposal for a regulation
Article 3 – paragraph 5 a (new)

(5a) Paragraphs 1 to 5 shall apply to all service providers or parties who package and communicate to the public television and radio programmes of broadcasting organisations, irrespective of whether the broadcast signal has been received directly or indirectly, without prejudice of the authorisation that broadcasting organisations have to get from rightholders for the act of communication to the public they perform jointly with service providers.

Amendment 103 #

Proposal for a regulation
Article 3 – paragraph 5 a (new)

(5a) Collective management organisations shall maintain a database providing information related to the application of the copyright and related rights including the owner of a right, the type of use, the territory, and period of time.

Amendment 104 #

Proposal for a regulation
Article 4 – paragraph 1

Article 3 shall not apply to the rights exercised by a broadcasting organisation in respect of its own transmission, irrespective of whether the rights concerned are its own or have been transferred to it by other holders of copyright or by holders of related rights. This does not affect the possibility to apply Article 3 and its paragraph 3a respectively in case the parties agree to such a use.

Amendment 105 #

Proposal for a regulation
Article 4 b (new)

Article 4 b Extended collective licencing 1. Member States may extend the application of a non-exclusive licence concluded by a collective management organisation, on behalf of its members, with an information society service or a linear audiovisual media or radio service provider for the communication to the public or making available of, as well as the acts of reproduction which are necessary for the provision of, broadcasters' radio or television programmes and audiovisual works provided by the broadcasting organisation to the public, to rightholders of the same category as those covered by the licence who are not represented by the collective management organisation, provided that: (a) the collective management organisation is, on the basis of mandates from rightholders, broadly representative of rightholders in the category of works or other subject-matter and of the rights which are the subject of the licence; (b) equal treatment is guaranteed to all rightholders in relation to the terms of the licence; (c) the collective management organisation makes available to all rightholders information about the exploitation of the works subject to this paragraph; (d) all rightholders may at any time exclude the application of the licence to their works or other subject-matter. 2. Exceptions or limitations introduced by Member States to the rights provided for in Articles 2 and 3 of Directive 2001/29/EC apply in cases related to the provision to the public by an information society service provider of works covered by paragraph 1, insofar as the relevant rightholder does not exclude the application of the non-exclusive license.

Amendment 106 #

Proposal for a regulation
Article 5 a (new)

Article 5 a Exploitation of broadcasting programmes through a direct injection process Broadcasting organisations that transmit their programme carrying signals through a direct injection process to distributors for reception by the public are jointly liable together with such distributors for the single and indivisible acts of communication to the public and making available to the public, as defined in Article 3 of Directive 2001/29/EC, which they carry out together. Such broadcasting organisations and such distributors should therefore obtain an authorisation from the concerned rights holders as concerns their respective participation in such acts.

Amendment 107 #

Proposal for a regulation
Article 6 – paragraph 2 a (new)

(2a) This review shall consider the potential need to extend this Regulation to other online services in light of technological and market developments.

Amendment 108 #

Proposal for a regulation
Article 7 – paragraph 2 a (new)

(2a) This Regulation is without prejudice to Directive 2010/13/EU and Directive 2000/31/EC.

Amendment 27 #

Proposal for a regulation
Recital 2

(2) The development of digital technologies and internet has transformed the distribution of and access to television and radio programmes. Users increasingly expect to have access to television and radio programmes both live and on- demand, using traditional channels such as satellite or cable and also through online services. Broadcasting organisations are therefore increasingly offering, in addition to their own broadcasts of television and radio programmes, online services ancillary to their broadcast, such as simulcasting and catch-up services. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open internet. On the part of users, there is a growing demand for access to ~~broadcasts of~~ television and radio programmes, including catch-up services, not only originating in their Member State but also in other Member States of the Union, including from members of linguistic minorities of the Union as well as from persons who live in another Member State than their Member State of origin. This is a positive development and geo-blocking should not be the default position for all audiovisual content produced in the European Union and transmitted online; however the territorial funding model for European content is vital to the success of the European audiovisual media sector.

Amendment 28 #

Proposal for a regulation
Recital 2

(2) The development of digital technologies and internet has transformed the distribution of and access to television and radio programmes. Users increasingly expect to have access to television and radio programmes both live and on- demand, using traditional channels such as satellite or cable and also through online services. Broadcasting organisations are therefore increasingly offering, in addition to their own broadcasts of television and radio programmes, online services ~~ancillary to their broadcast~~, such as simulcasting and catch-up services. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open internet. The distribution of and access to television and radio programmes is therefore increasingly done on a multiplatform and technologically neutral basis. On the part of users, there is a growing demand for access to broadcasts of television and radio programmes on any platform in a borderless environment, therefore not only originating in their Member State but also in other Member States of the Union, including from members of linguistic minorities of the Union as well as from persons who live in another Member State than their Member State of origin.

Amendment 29 #

Proposal for a regulation
Recital 3

(3) A number of barriers hinder the provision of online services ~~which are ancillary to~~by broadcasters and the provision of retransmission services and thereby the free circulation of television and radio programmes within the Union. Broadcasting organisations transmit daily many hours of news, cultural, political, documentary or entertainment programmes. These programmes incorporate a variety of content such as audiovisual, musical, literary or graphic works, which is protected by copyright and/or related rights under Union law. That results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter. Often the rights need to be cleared in a short time-frame, in particular when preparing programmes such as news or current affairs. In order to make their online services available across borders, broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights' clearance. The clearance of rights insufficiently exists on a multiplatform and technology neutral basis and therefore limits the potential of innovation and value that can be created from technological developments. Administrative costs arising from the clearance of rights prevent broadcasters from investing in innovative models to distribute and promote content. In addition, public broadcasting organisations have a duty, either stipulated by law or statute, to promote local culture or improve access to information. Therefore, in order to effectively fulfil these duties and reach the population that has contributed fees or taxes to fulfil this public service, public broadcasters should be able to make available their content to the population of that Member State, independent from their place of residence or temporary location.

Amendment 30 #

Proposal for a regulation
Recital 3

Amendment 31 #

Proposal for a regulation
Recital 3

Amendment 32 #

Proposal for a regulation
Recital 4

(4) Operators of retransmission services, that normally offer multiple programmes which use a multitude of works and other protected subject matter included in the retransmitted television and radio programmes, have a very short time- frame for obtaining the necessary licences and hence also face a significant rights clearing burden. There is also a risk for right holders of having their works and other protected subject matter exploited without authorisation or payment of remuneration if access to the service is not provided based on individual subscriptions or in exchange of a price or against counterperformance other than money. This risk can however be addressed through contractual agreements.

Amendment 33 #

Proposal for a regulation
Recital 4

Amendment 34 #

Proposal for a regulation
Recital 4

Amendment 35 #

Proposal for a regulation
Recital 6

(6) Council Directive 93/83/EEC17 facilitates cross-border satellite broadcasting and retransmission by cable of television and radio programmes from other Member States of the Union. However, the provisions of that Directive on transmissions of broadcasting organisations are limited to satellite transmissions and therefore do not apply to online services ~~ancillary t~~of broadcasters while the provisions concerning retransmissions of television and radio programmes from other Member States are limited to simultaneous, unaltered and unabridged retransmission by cable or microwave systems and do not extend to such retransmissions by means of other technologies such as wire and wireless technologies. _________________ 17 Council 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 OJ L 248, 6.10.1993, p. 15– 21.

Amendment 36 #

Proposal for a regulation
Recital 6

(6) Council Directive 93/83/EEC17 facilitates cross-border satellite broadcasting and retransmission by cable of television and radio programmes from other Member States of the Union. However, the provisions of that Directive on transmissions of broadcasting organisations are limited to satellite transmissions and therefore do not apply to online services, whether ancillary to broadcast or not, while the provisions concerning retransmissions of television and radio programmes from other Member States are limited to simultaneous, unaltered and unabridged retransmission by cable or microwave systems and do not extend to such retransmissions by means of other technologies. _________________ 17 Council 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 OJ L 248, 6.10.1993, p. 15– 21.

Amendment 37 #

Proposal for a regulation
Recital 7

(7) Therefore, cross-border provision of online services ~~ancillary t~~of broadcasters and online retransmissions of television and radio programmes on a multiplatform and technology neutral basis originating in other Member States should be facilitated by adapting the legal framework on the exercise of copyright and related rights relevant for those activities.

Amendment 38 #

Proposal for a regulation
Recital 7

(7) Therefore, cross-border provision of online services of broadcasters, in particular those ancillary to broadcast and retransmissions of television and radio programmes originating in other Member States should be facilitated by adapting the legal framework on the exercise of copyright and related rights relevant for those activities.

Amendment 39 #

Proposal for a regulation
Recital 8

(8) The ~~ancillary~~ online services covered by this Regulation are those services offered by broadcasting organisations ~~which have a clear and subordinate relationship to the broadcast~~. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access~~, within a defined time period after the broadcast,~~ in a non-linear manner to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch- up services). In addition, ~~ancillary~~ online services include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme's content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should ~~not~~ be regarded as an ~~ancillary~~ online service. ~~Similarly, t~~The provision of access to works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos, do not fall under the definition of an~~cillary~~ online service for the purpose of this Regulation.

Amendment 40 #

Proposal for a regulation
Recital 8

(8) The ~~ancillary~~ online services covered by this Regulation are those services offered by broadcasting organisations which have a clear and subordinate relationship to the broadcast. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, within a defined time period after the broadcast,services giving access to television and radio content including services giving access to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch-up services). ~~In addition, ancillary online services~~They include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme's content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, as well as material genuinely produced for the online environment. Public broadcasters in particular need to be able to use different dissemination channels to reach different audiences in order to fulfil their public service mandate. In order to reach all categories of audiences, the possibility to disseminate services designed specifically for the online environment is crucial. Therefore, the provision of access to works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos~~, do not fall under~~ and webcasting are included in the scope of the definition of ~~ancillary~~ online services. .

Amendment 41 #

Proposal for a regulation
Recital 8

(8) The ~~ancillary~~ online services covered by this Regulation are those services offered by broadcasting organisations which have a clear and subordinate relationship to the broadcast. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, within a defined time period after the broadcast,services giving access to television and radio content including services giving access to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch-up services). ~~In addition, ancillary online services~~They include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme's content~~. The provision of access to individual works~~ , as well as content genuinely produced or licensed for othe~~r protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly~~ online environment. Public broadcasters in particular need to be able to use different dissemination channels to reach different audiences in order to fulfil their public service mandate. In order to reach younger audiences, the possibility to disseminate services designed for the online environment is crucial. Therefore, the provision of access to works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos~~, do not fall under~~ licensed for the broadcaster, and webcasting are included in the scope of the definition of ~~ancillary~~ online services.

Amendment 42 #

Proposal for a regulation
Recital 8

(8) The ancillary online services covered by this Regulation are those services offered by broadcasting organisations which have a clear and subordinate relationship to the broadcast. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access~~, within a defined time period after the broadcast, to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch-up services)~~ to television and radio programmes during, or within a defined time period after, the broadcast. In addition, ancillary online services include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme's content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, the provision of access to works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos, do not fall under the definition of ancillary online service.

Amendment 43 #

Proposal for a regulation
Recital 8 a (new)

(8a) In light of the relationship and interaction between this Regulation and Directive 2010/13/EU of the European Parliament and of the Council1a and Directive 2000/31/EC of the European Parliament and of the Council1b , it should be clear that the general intention of this Regulation is to unify access to, and provision of, all online services across the EU and to set general rules, rights and obligations. It is not the intention to override some of the key principles, as covered by these sectoral pieces of legislation. This Regulation therefore should be without prejudice to Directive 2010/13/EU and to Directive 2000/31/EC. _________________ 1aDirective 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1). 1bDirective 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).

Amendment 44 #

Proposal for a regulation
Recital 9

(9) In order to facilitate the clearance of rights for the provision of ancillary online services across borders it is necessary to provide for the establishment of the country of origin principle as regards the exercise of copyright and related rights relevant for acts occurring in the course of the provision of, the access to or the use of an ancillary online service. That principle of country of origin should apply exclusively to the relationship between right holders (or entities representing right holders such as collective management organisations) and broadcasting organisations and solely for the purpose of the provision of, the access to or the use of an ancillary online service. The principle of country of origin should not apply to any subsequent communication to the public or reproduction of content which is protected by copyright or related rights and which is contained in the ancillary online service.deleted

Amendment 45 #

Proposal for a regulation
Recital 9

(9) In order to facilitate the clearance of rights for the provision of ancillary broadcaster online services across borders it is necessary to provide for the establishment of the country of origin principle as regards the exercise of copyright and related rights relevant for acts occurring in the course of the provision of, the access to or the use of an ancillary online service, when broadcasters have not yet exercised copyright and related rights relevant for these acts. That principle of country of origin should apply exclusively to the relationship between right holders (or entities representing right holders such as collective management organisations) and broadcasting organisations and solely for the purpose of the provision of, the access to or the use of an ancillary broadcaster online service. The principle of country of origin should not apply to any subsequent communication to the public or reproduction of content which is protected by copyright or related rights and which is contained in the ancillary broadcaster online service.

Amendment 46 #

Proposal for a regulation
Recital 10

(10) Since the provision of, the access to or the use of an ancillary online service is deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment, while de facto the ancillary online service can be provided across borders to other Member States, it is necessary to ensure that ~~in arriving at the amount of the payment to be made for the rights in question, the parties shoul~~the parties fix appropriate remuneration. To be deemed appropriate, such remuneration should be reasonable in relation to the economic value of the service provided and take into account all aspects of the ancillary online service such as the features of the service, the actual and potential audience, including the audience in the Member State in which the broadcasting organisation has its principal establishment and in other Member States in which the ancillary online service is accessed and used, and ~~the~~all language versions and subtitled versions.

Amendment 47 #

Kaja KALLAS, Dita CHARANZOVÁ, Marietje SCHAAKE

Proposal for a regulation
Recital 10

(10) Since the provision of, the access to or the use of an ancillary online service is deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment, while de facto the ancillary online service can be provided across borders to other Member States upon contractual agreement, it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question, the parties should take into account all aspects of the ancillary online service such as the features of the service, the audience, including the audience in the Member State in which the broadcasting organisation has its principal establishment and in other Member States in which the ancillary online service is accessed and used, and the language version.

Amendment 48 #

Proposal for a regulation
Recital 11

(11) Through the principle of contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, as the implementation of Council Directive 93/83/EEC has proven, especially as far as certain technical means of transmission or certain language versions are concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union law.

Amendment 49 #

Proposal for a regulation
Recital 11

(11) Through the principle of contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, especially as far as certain technical means of transmission or certain language versions and the necessarily territorial nature of certain contracts are concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union law.

Amendment 50 #

Proposal for a regulation
Recital 11

(11) TIt is essential to recall that, through the principle of contractual freedom, it ~~will~~should be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, especially as far as certain technical means of transmission or certain language versions are concerned, provided that any such limitations of the exploitation of those rights are in compliance with national and Union laws.

Amendment 51 #

Andreas SCHWAB

Proposal for a regulation
Recital 11

(11) Through the principle of contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, especially as far as certain technical means of transmission, such as geo-blocking and geo-filtering, or certain language versions are concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union law.

Amendment 52 #

(11) Through the principle of contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, especially as far as certain technical means of transmission or certain language versions are concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union law.Does not affect the English version.)

Amendment 53 #

Proposal for a regulation
Recital 11 a (new)

(11a) In order to allow the reforms needed to implement this Regulation to be applied by all, some organizations may need additional time to adjust, and therefore should be able to use a time- limited opt-out regime based on the current schemes. This transitional period should be 18 months to allow for adjustment of their licensing scheme with regard to this Regulation.

Amendment 54 #

Proposal for a regulation
Recital 12

(12) Operators of retransmission services offered on satellite, digital terrestrial, ~~closed circuit~~ IP-based, mobile and similar networks, provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously, in an unaltered and unabridged manner, for reception by the public, an initial transmission from another Member State of television or radio programmes, where this in. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. In order to adapt to the development of digitial transmission is by wire or over the air, including by satellite but excluding online transmissions, and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. Retransmission services which are offered on the open internet should be excluded from the scope of this Regulation as those services have different characteristics. They are not linked to any particular infrastructure and their ability to ensure a controlled envirechnologies and to the changing user behaviour, this mechanism should include the retransmission, in an unaltered manner, via the Internet (so called over- the-top (OTT) service providers). The inclusion of OTT is crucial for allowing, in line with consumer expectations, portability of such services within the Member State of residence, as well as beyond, through the mechanism established by Regulation 2017/... of the European Parliament and of the Council1a. _________________ 1aProposal for a Regulation of the European Parliament and of the Council onm en~~t is limited w~~suring then c~~ompared for example to cable or closed circuit IP-based networks.~~ ross-border portability of online content services in the internal market, COM(2015)0627.

Amendment 55 #

Proposal for a regulation
Recital 12

Amendment 56 #

Proposal for a regulation
Recital 12

Amendment 57 #

Proposal for a regulation
Recital 12

Amendment 58 #

Proposal for a regulation
Recital 13

(13) In order to provide legal certainty to operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile or similar networks, and to overcome disparities in national law regarding such retransmission services, ~~rules similar to~~more up-to-date rules than those that apply to cable retransmission as defined in Directive 93/83/EEC should apply. The rules established in that Directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation. This is without prejudice to Directive 2014/26/EU18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation. _________________ 18 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. 72–98gencies which have been given this task voluntarily.

Amendment 59 #

Proposal for a regulation
Recital 13

(13) In order to provide legal certainty to operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile or similar networks and via the open internet if a controlled environment and a definable user group can be ensured, and to overcome disparities in national law regarding such retransmission services, rules similar to those that apply to cable retransmission as defined in Directive 93/83/EEC should apply. The rules established in that Directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation. This is without prejudice to Directive 2014/26/EU18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation. _________________ 18 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.

Amendment 60 #

Proposal for a regulation
Recital 13

(13) In order to provide legal certainty to operators of retransmission services offered on satellite, digital terrestrial, ~~closed circuit~~ IP- based, mobile or similar networks, and to overcome disparities in national law regarding such retransmission services, rules similar to those that apply to cable retransmission as defined in Directive 93/83/EEC should apply. The rules established in that Directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation. This is without prejudice to Directive 2014/26/EU18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation. _________________ 18 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.

Amendment 61 #

Proposal for a regulation
Recital 14

(14) Any rights held by broadcasting organisations themselves in respect of their broadcasts, including rights in the content of the programmes, should be exempted from the mandatory collective management of rights applicable for retransmissions. Operators of retransmission services and broadcasting organisations generally have ongoing commercial relations and as a result the identity of broadcasting organisations is known to operators of retransmission services and hence the clearance of rights with broadcasting organisations is comparatively simple. Thus, to obtain the necessary licences from broadcasting organisations, operators of retransmission services do not face the same burden as they face to obtain licences from holders of rights in works and other protected subject matter included in the retransmitted television and radio programmes. Therefore, there is no need for the simplification of the licensing process with regard to rights held by broadcasting organisations. However, broadcasting organizations should have the possibility to license the online content in a more effective and easy way. Hence a bundling of rights should be made available to the broadcasting organisations in order for them to clear the rights for the online transmission more easily.

Amendment 62 #

Proposal for a regulation
Recital 14

(14) Any rights held by broadcasting organisations themselves in respect of their broadcasts, including rights in the content of the programmes, should be exempted from the ~~mandatory collective~~individual management of rights applicable for retransmissions. Operators of retransmission services and broadcasting organisations generally have ongoing commercial relations and as a result the identity of broadcasting organisations is known to operators of retransmission services and hence the clearance of rights with broadcasting organisations is comparatively simple. Thus, to obtain the necessary licences from broadcasting organisations~~, operators of retransmission services do not face~~ does not represent the same burden as ~~they face~~ to obtain licences from holders of rights in works and other protected subject matter included in the retransmitted television and radio programmes. Therefore, there is no need for the simplification of the licensing process with regard to rights held by broadcasting organisations.

Amendment 63 #

Proposal for a regulation
Recital 14 a (new)

(14a) The application of copyright and related rights is in some cases divided into numerous territorially defined national rights, with different right holders and exercised in some cases by a different entity. A database maintained by collective management organisations is therefore needed to facilitate the identification of rightholders and the ability of broadcasting organisations and retransmission operators to conclude licensing agreements.

Amendment 64 #

Proposal for a regulation
Recital 14 b (new)

(14b) In a number of Member States, rights clearance for the communication to the public or making available of television and radio programmes or related services, in a linear or non-linear form, is facilitated through extended collective licencing agreements. In order to take account of this situation and to improve legal certainty for all concerned parties in light of the judgment of the Court of Justice in Case C-301/15, this Regulation clarifies that such agreements are in line with the law of the European Union. The definition of information society services already exists in Directive 98/34/EC of the European Parliament and of the Council1a and in Directive 98/84/EC of the European Parliament and of the Council1b ; this definition covers any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service. The definition of linear and non-linear audiovisual media service should be in line with Directive 2010/13/EU. _________________ 1aDirective 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services (OJ L 204, 21.7.1998, p. 37). 1b Directive 98/84/EC of the European Parliament and of the Council of 20 November 1998 on the legal protection of services based on, or consisting of, conditional access (OJ L 320, 28.11.1998, p. 54).

Amendment 65 #

Proposal for a regulation
Recital 15

(15) In order to prevent circumvention of the application of the country of origin principle through the extension of the duration of existing agreements concerning the exercise of copyright and related rights relevant for the provision of an ancillary online service as well as the access to or the use of an ancillary online service, it is necessary to apply the principle of country of origin also to existing agreements but with a transitional period.deleted

Amendment 66 #

Proposal for a regulation
Recital 15

Amendment 67 #

Proposal for a regulation
Recital 15 a (new)

(15a) Broadcasters that transmit their programme carrying signals through a direct injection process to distributors for reception by the public shall be jointly liable with their distributors for the single and indivisible acts of communication to the public and making available to the public, as defined in Article 3 of Directive 2001/29/EC, which they carry out together. Such broadcasting organisations and distributors should therefore obtain an authorisation from the concerned rights holders as concerns their respective participation in such acts.

Amendment 68 #

Proposal for a regulation
Recital 16

Amendment 69 #

Proposal for a regulation
Recital 16

(16) This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union. Whilst there may be an interference with the exercise of the rights of right holders insofar as mandatory collective management is required for the exercise of the right of communication to the public with regard to retransmission services, it is necessary to prescribe such a condition in a targeted manner for specific services and in order to allow more widespread cross- border dissemination of television and radio programmes by facilitating the clearance of these rights. The provisions of this Regulation should be without prejudice to any existing or future arrangements in the Member States concerning the management of rights such as extended collective licences, legal presumptions of representation or transfer, collective management or similar arrangements or a combination of them.

Amendment 70 #

Proposal for a regulation
Recital 17

(17) In order to achieve the objective of promoting the cross-border provision of ancillary online services and of facilitating retransmissions of television and radio programmes originating in other Member States, it is appropriate to adopt a Regulation, which ~~directly applies in~~can be applied by the Member States. A Regulation is necessary in order to ~~guarante~~facilitate a uniform application of the rules across Member States and their entering into force at the same time with regard to all the concerned transmissions and retransmissions. The ~~direct~~ applicability of a Regulation reduces legal fragmentation and pro~~vides greater uniformity by introducing a harmonised set of rules which pro~~motes the free circulation of television and radio programmes originating in other Member States.

Amendment 71 #

Proposal for a regulation
Recital 18

(18) A review of the Regulation should be undertaken after the Regulation has been in force for a period of time, in order to assess, among others, to what extent the cross-border provision of ancillary online services has increased to the benefit of European consumers and hence also to the benefit of improved cultural diversity in the Union. This review should be coordinated, where appropriate, with provisions aimed at improving the cross- border accessibility of content on video- on-demand platforms that were included in Article 10 of Directive 2017/... of the European Parliament and of the Council1a, in the form of a dispute resolution mechanism. Should this mechanism not lead to a significant increase in the cross-border availability of content on video-on-demand platforms, the inclusion of these services in the scope of this Regulation should be considered. _________________ 1aProposal for a directive of the European Parliament and of the Council on copyright in the Digital Single Market, COM(2016)0593.

Amendment 72 #

Proposal for a regulation
Recital 18

(18) AIn line with the principles of better regulation, a review of the Regulation should be undertaken after the Regulation has been in force for a period of time, in order to assess~~, among others~~ the impact of the Regulation, and primarily, to what extent the cross-border provision of ancillary online services has increased to the benefit of European consumers and hence also to the benefit of improved cultural diversity in the Union.

Amendment 73 #

Proposal for a regulation
Recital 19

(19) ~~Since the objective of this Regulation, namely~~With this Regulation the European Union can support the Member States in promoting the cross- border provision of ancillary online services and facilitating retransmissions of television and radio programmes originating in other Member States~~, cannot be sufficiently achieved by Member States and can therefore, by reason of the scale and effects, be better achieved at Union level, the Union may adopt measures i~~. In accordance with the principle of ~~subsidiar~~proportionality, as set out in Article 5 of the Treaty on European Union~~. In accordance with the principle of proportionality, as set out in that Article~~, this Regulation does not go beyond what is necessary in order to achieve its objective. As concerns the cross-border provision of ancillary online services, this Regulation establishes enabling mechanisms to facilitate the clearance of copyright and related rights. This Regulation does not oblige broadcasting organisations to provide such services across borders. Neither does this Regulation oblige operators of retransmission services to include in their services television or radio programmes originating in other Member States. This Regulation concerns only the exercise of certain retransmission rights to the extent necessary to simplify the licensing of copyright and related rights for such services and only with regard to television and radio programmes originating in other Member States of the Union,

Amendment 74 #

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) "~~ancillary~~ online service" means an online service consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of radio or television programmes simultaneously with ~~or for a defined period of time~~, before, during or after their broadcast by the broadcasting organisation as well as of any material produced, co-produced or commissioned by or for the broadcasting organisation ~~which~~or licenced to ist an~~cillary to such broadcast~~d any service by the broadcasting organisation providing access to works under the editorial responsibility of the broadcasting organisation;

Amendment 75 #

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) "~~ancillary~~ online service" means an online service consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of ~~radio or television programmes simultaneously with or for a defined per~~linear and non-linear radiod ofr t~~ime after their broadcast by the broadcasting organisation~~elevision programmes, as well as of any material produced by or for the broadcasting organisation ~~which is ancillary to such broadcast~~;

Amendment 76 #

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) "~~ancillary~~ online service" means an online service consisting in the provision to the public, ~~by or under the control and responsibility of~~or by a broadcasting organisation, of linear and non-linear radio or television programmes ~~simultaneously with or for a defined period of time after their broadcast by~~as well as of any material produced by or for the broadcasting organiszation a~~s well as~~t its request or being part of ~~any~~the material pro~~duc~~vided by ~~or for~~ the broadcast~~ing organisation which is ancillary to such broadcast~~er and under his control to the public;

Amendment 77 #

Proposal for a regulation
Article 1 – paragraph 1 – point a

Amendment 78 #

Proposal for a regulation
Article 1 – paragraph 1 – point a a (new)

(aa) "ancillary broadcaster online service" means an online service produced by the broadcaster consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of radio or television programmes simultaneously with or for a defined period of time after their broadcast by the broadcasting organisation as well as of any material produced by the broadcasting organisation which is ancillary to such broadcast;

Amendment 79 #

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) "retransmission" means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC ~~and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19~~ , intended for reception by the public of an initial transmission from another Member State, by wire, or over the air, including that by satellite ~~but excluding~~or online transmission, of television or radio programmes intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.

Amendment 80 #

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) "retransmission" means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19 , intended for reception by the public of an initial direct or indirect transmission from another Member State, by wire or over the air, including that by satellite but excluding online transmission, of television or radio programmes intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial direct or indirect transmission or under whose control and responsibility such transmission was made. _________________ 19 Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.

Amendment 81 #

Philippe JUVIN

Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)

(ba) "Direct injection" means a two- step process by which broadcasting organisations transmit their programme- carrying signals for reception by the public to service providers point to point via a private line – by wire or over the air, including by satellite – in such a way that the programme-carrying signals cannot be received by the general public during such transmission; the service providers then offer these programmes to the public simultaneously, in an unaltered and unabridged manner, for viewing or listening on cable networks, microwave systems, digital terrestrial, closed-circuit IP-based and mobile networks or similar networks.

Amendment 82 #

Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)

(ba) "direct injection" means a two- or more step process by which broadcasting organisations transmit "point to point" – by wire or over the air, including by satellite – in such a way that the programme-carrying signals cannot be received by the general public during such transmission, their programme- carrying signals for reception by the public to distributors who then offer these programmes to the public, simultaneously in an unaltered and unabridged manner, for viewing or listening on cable, microwave systems, satellite, digital terrestrial, IP-based or similar networks.

Amendment 83 #

Proposal for a regulation
Article 2

Application of the principle of ‘country of (1) The acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment. (2) When fixing the amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1, the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service, the audience, and the language version.rticle 2 deleted origin’ to ancillary online services

Amendment 84 #

Philippe JUVIN

Proposal for a regulation
Article 2

Application of the principle of ‘country of origin’ to ancillary online services (1)The acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment. (2)When fixing the amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1, the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service, the audience, and the language version.rticle 2 deleted

Amendment 85 #

Proposal for a regulation
Article 2 – title

Application of the principle of ‘country of origin’ to ~~ancillary~~ online services

Amendment 86 #

Proposal for a regulation
Article 2 – paragraph 1

(1) TWithout prejudice to the principle of territorial exploitation of rights, to the option of transfer of exclusive rights and to the principle of contractual freedom, the acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment.

Amendment 87 #

Proposal for a regulation
Article 2 – paragraph 1

(1) The acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment. Any disputes over the exercise of these rights shall fall under the jurisdiction of that Member State.

Amendment 88 #

Proposal for a regulation
Article 2 – paragraph 1

(1) The acts of communication to the public and of making available occurring when providing an ancillary broadcaster online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment, if the broadcaster has not yet exercised copyright and related rights relevant for these acts.

Amendment 89 #

Proposal for a regulation
Article 2 – paragraph 1

(1) The acts of communication to the public and of making available to the public occurring when providing an ancillary online service by ~~or under the control and responsibility of~~ a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment.

Amendment 90 #

Proposal for a regulation
Article 2 – paragraph 1

Amendment 91 #

Andreas SCHWAB

Proposal for a regulation
Article 2 – paragraph 1 a (new)

(1a) Without prejudice to Paragraph 1, contractual freedom and the principle of territoriality, which make it possible to limit the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, are to be respected.

Amendment 92 #

Proposal for a regulation
Article 2 – paragraph 1 a (new)

(1a) Paragraph 1 does not affect the right of a broadcasting organisation to opt out from its application for a period of 18 months after the entry into force of this Regulation.

Amendment 93 #

Proposal for a regulation
Article 2 – paragraph 2

(2) When fixing the appropriate amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1, the parties shall take into account all aspects of the ancillary online service ~~such as the features of the ancillary online service, the audience, and the language version~~. To be deemed appropriate, such an amount must be reasonable in relation to the economic value of the service provided and, in particular, take into account the features of the ancillary online service, the actual and potential audience, including the audience in the Member State in which the broadcasting organisation has its principal establishment and in other Member States in which the ancillary online service is accessed and used, and all language versions and subtitled versions.

Amendment 94 #

Proposal for a regulation
Article 2 – paragraph 2

(2) When fixing the amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1, the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service, the ~~audience~~potential audience in the principal Member State and any other Member States concerned, and the language version.

Amendment 95 #

Proposal for a regulation
Article 3 – paragraph 1

(1) Holders of copyright and related rights other than broadcasting organisations may, in the exercise of their contractual freedom, freely exercise their rights to grant or refuse the authorisation for a retransmission ~~only through a collective management organisation~~.

Amendment 96 #

Proposal for a regulation
Article 3 – paragraph 1 a (new)

(1a) Where a right holder has granted authorisation for a retransmission, he shall receive appropriate remuneration. The right to remuneration cannot be waived. The right can be assigned in advance only to a remuneration society and can only be asserted by such a society. This arrangement shall not affect collective agreements, company agreements and common rules on remuneration whereby the right holder receives appropriate remuneration for every further retransmission.

Amendment 97 #

Proposal for a regulation
Article 3 – paragraph 2

(2) Where a right holder has not transferred the management of the right referred to in paragraph 1 to a collective management organisation, the collective management organisation which manages rights of the same category for the territory of the Member State for which the operator of the retransmission service seeks to clear rights for a retransmission shall be deemed to be mandated to manage the right on behalf of that right holder.deleted

Amendment 98 #

Proposal for a regulation
Article 3 – paragraph 3

(3) Where more than one collective management organisation manages rights of that category for the territory of that Member State, the right holder shall be free to choose which of those collective management organisations is deemed to be mandated to manage his or her right. If in such a situation the right holder does not choose the collective management organisation, it shall be for the Member State for whose territory the operator of the retransmission service seeks to clear rights for a retransmission to indicate which of the collective management organisations is deemed to be mandated to manage the right of that right holder.deleted

Amendment 99 #

Proposal for a regulation
Article 3 – paragraph 3 a (new)

(3a) Paragraphs 1 to 3 should not affect the possibility for the rightholder nor the collective management organisation to agree upon a system of bundling of rights in order to make them easily cleared for retransmission, notably in order to enable easier and more effective management of these rights by the broadcasting organisations as stipulated in Article 4.

source: 599.760

2017/03/14 CULT 188 amendments...

Amendment 100 #

Jana TOOM, Dita CHARANZOVÁ, Kaja KALLAS, Robert ROCHEFORT, Marietje SCHAAKE

Proposal for a regulation
Recital 14 a (new)

(14a) Copyright and related rights involve in some cases the application of numerous territorially-defined national rights belonging to different right holders. In some cases, the exercise of such rights involves different entities. A database should be developed by the Commission and Member States in cooperation with collective management organisations in order to facilitate the identification of rightholders to enhance the ability of broadcasting organisations and retransmission operators to conclude licensing agreements.

Amendment 101 #

Ian HUDGHTON

Proposal for a regulation
Recital 14 a (new)

(14a) The exemption provided for in Article 4 for the rights exercised by broadcasting organisations should not limit the choice of holders of rights to transfer their rights to a collective management organisation and thereby have a direct share in the remuneration paid by the operator of a retransmission service.

Amendment 102 #

Santiago FISAS AYXELÀ, Sabine VERHEYEN, Hannu TAKKULA, Marc TARABELLA, Santiago FISAS AYXELÀ

Proposal for a regulation
Recital 15

Amendment 103 #

Proposal for a regulation
Recital 15

Amendment 104 #

Proposal for a regulation
Recital 15

Amendment 105 #

Proposal for a regulation
Recital 15

Amendment 106 #

Proposal for a regulation
Recital 15

(15) In order to prevent circumvention of the application of the country of origin principle through the extension of the duration of existing agreements concerning the exercise of copyright and related rights relevant for the provision of an ~~ancillary~~ online service as well as the access to or the use of an ~~ancillary~~ online service, it is necessary to apply the principle of country of origin also to existing agreements but with a transitional period.

Amendment 107 #

Proposal for a regulation
Recital 15 a (new)

(15a) Broadcasters that transmit their programme carrying signals through a direct injection process to distributors for reception by the public shall be jointly liable with these distributors for the single and indivisible acts of communication to the public and making available to the public, as defined in Article 3 of Directive 2001/29/EC, which they carry out together. Such broadcasting organisations and distributors should therefore obtain an authorisation from the rights holders concerned as regards their respective participation in such acts.

Amendment 108 #

Proposal for a regulation
Recital 16

Amendment 109 #

Proposal for a regulation
Recital 16

(16) This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union. Whilst there may be an interference with the exercise of the rights of right holders insofar asprinciples and notably the principle of contractual freedom. As such, mandatory collective management ~~is required~~ for the exercise of the right of communication to the public with regard to retransmission services, it is necessary to prescribe such a condition in a targeted manner for specific services and in order to allow more widespread cross-border dissemination of television and radio programmes by facilitating the clearance of these right should be ruled out, as it might additionally impact on the exercising of the rights of right holders.

Amendment 110 #

Proposal for a regulation
Recital 16

Amendment 111 #

Proposal for a regulation
Recital 17

(17) In order to achieve the objective of promoting the cross-border provision of ancillary online services and of facilitating retransmissions of television and radio programmes originating in other Member States, it is appropriate to adopt a Regulation, which directly applies in Member States. A Regulation is necessary in order to guarantee a uniform application of the rules across Member States and their entering into force at the same time with regard to all the concerned transmissions and retransmissions. The direct applicability of a Regulation reduces legal fragmentation and provides greater uniformity by introducing a harmonised set of rules which promote the free circulation of television and radio programmes originating in other Member States.deleted

Amendment 112 #

Proposal for a regulation
Recital 17

(17) In order to achieve the objective of promoting the cross-border provision of ~~ancillary~~ online services and of facilitating retransmissions of television and radio programmes originating in other Member States, it is appropriate to adopt a Regulation, which directly applies in Member States. A Regulation is necessary in order to guarantee a uniform application of the rules across Member States and their entering into force at the same time with regard to all the concerned transmissions and retransmissions. The direct applicability of a Regulation reduces legal fragmentation and provides greater uniformity by introducing a harmonised set of rules which promote the free circulation of television and radio programmes and other online-only linear transmissions originating in other Member States.

Amendment 113 #

Proposal for a regulation
Recital 17

(17) In order to achieve the objective of promoting the cross-border provision of ~~ancillary online services and of facilitating~~ retransmissions of television and radio programmes originating in other Member States, it is appropriate to adopt a Regulation, which directly applies in Member States. A Regulation is necessary in order to guarantee a uniform application of the rules across Member States and their entering into force at the same time with regard to all the concerned transmissions and retransmissions. The direct applicability of a Regulation reduces legal fragmentation and provides greater uniformity by introducing a harmonised set of rules which promote the free circulation of television and radio programmes originating in other Member States.

Amendment 114 #

Proposal for a regulation
Recital 17

(17) In order to achieve the objective of promoting the cross-border provision of ancillary online services and of facilitating retransmissions of television and radio ~~programmes~~content originating in other Member States, it is appropriate to adopt a Regulation, which directly applies in Member States. A Regulation is necessary in order to guarantee a uniform application of the rules across Member States and their entering into force at the same time with regard to all the concerned transmissions and retransmissions. The direct applicability of a Regulation reduces legal fragmentation and provides greater uniformity by introducing a harmonised set of rules which promote the free circulation of television and radio ~~programmes~~content originating in other Member States.

Amendment 115 #

Proposal for a regulation
Recital 18

(18) A review of the Regulation should be undertaken after the Regulation has been in force for a period of time, in order to assess, among others, the impact the cross-border provision of ancillary online services has had on European creative industries, and especially on the financing of European audiovisual works, as well as to what extent the cross-border provision of ancillary online services has increased to the benefit of European consumers and hence also to the benefit of improved cultural diversity in the Union. The review should also include an impact assessment on whether there is a need to adapt the legal framework on the exercise of copyright and related rights relevant for operators, which receive the signals of a broadcasting organisation through direct injection and distribute to the public, simultaneously in an unaltered and unabridged manner, the television or radio programmes of that broadcasting organisation.

Amendment 116 #

Proposal for a regulation
Recital 18

(18) A review of the Regulation should be undertaken after the Regulation has been in force for a period of time, in order to assess, among others, to what extent the cross-border provision of ancillary online services has increased to the benefit of European consumers and hence also to the benefit of improved cultural diversity in the Union. This review should be coordinated with provisions aimed at improving the cross-border accessibility of content on video-on-demand platforms that were included in Article 10 of Directive 2017/... of the European Parliament and of the Council18a , in the form of a dispute resolution mechanism. Should this mechanism not lead to a significant increase in the cross-border availability of content on video-on- demand platforms, the inclusion of these services in the scope of this Regulation should be considered. _________________ 18aProposal for a directive of the European Parliament and of the Council on copyright in the Digital Single Market, COM(2016)0593.

Amendment 117 #

Proposal for a regulation
Recital 18

Amendment 118 #

Proposal for a regulation
Recital 18

(18) AIn line with the principles of better regulation, a review of the Regulation should be undertaken after the Regulation has been in force for a period of time, in order to assess~~, among others,~~ the impact of the Regulation, in particular on investment in European content, and to what extent the cross-border provision of ancillary online services has increased to the benefit of European consumers and hence also to the benefit of improved cultural diversity in the Union.

Amendment 119 #

Proposal for a regulation
Recital 18

(18) A review of the Regulation should be undertaken after the Regulation has been in force for a period of time, in order to assess, among other things, to what extent ~~the cross-border provision of ancillary online services has increased to the benefit of European consumers and hence also to the benefit of improved~~it helps protect copyright holders and the principle of territoriality, which underpins the financing of cultural creation and is therefore highly symbolic in terms of preserving cultural diversity in ~~the Union~~Europe.

Amendment 120 #

Proposal for a regulation
Recital 19

(19) Since the objective of this Regulation, namely promoting the cross- border provision of ancillary online services and facilitating retransmissions of television and radio programmes originating in other Member States, cannot be sufficiently achieved by Member States and can therefore, by reason of the scale and effects, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve its objective. As concerns the cross-border provision of ancillary online services, this Regulation establishes enabling mechanisms to facilitate the clearance of copyright and related rights. This Regulation does not oblige broadcasting organisations to provide such services across borders. Neither does this Regulation oblige operators of retransmission services to include in their services television or radio programmes originating in other Member States. This Regulation concerns only the exercise of certain retransmission rights to the extent necessary to simplify the licensing of copyright and related rights for such services and only with regard to television and radio programmes originating in other Member States of the Union,deleted

Amendment 121 #

Proposal for a regulation
Recital 19

(19) Since the objective of this Regulation, namely promoting the cross- border provision of ~~ancillary~~ online services and facilitating retransmissions of television and radio programmes originating in other Member States, cannot be sufficiently achieved by Member States and can therefore, by reason of the scale and effects, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve its objective. As concerns the cross-border provision of ~~ancillary~~ online services, this Regulation establishes enabling mechanisms to facilitate the clearance of copyright and related rights. This Regulation does not oblige broadcasting organisations to provide such services across borders. Neither does this Regulation oblige operators of retransmission services to include in their services television or radio programmes originating in other Member States. This Regulation concerns only the exercise of certain retransmission rights to the extent necessary to simplify the licensing of copyright and related rights for such services and only with regard to television and radio programmes originating in other Member States of the Union,

Amendment 122 #

Proposal for a regulation
Recital 19

(19) Since the objective of this Regulation, namely promoting the cross- border provision of ancillary online services and facilitating retransmissions of television and radio programmes originating in other Member States, cannot be sufficiently achieved by Member States and can therefore, by reason of the scale and effects, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve its objective. As concerns the cross-border provision of ~~ancillary online~~ services, this Regulation establishes enabling mechanisms to facilitate the clearance of copyright and related rights. This Regulation does not oblige broadcasting organisations to provide such services across borders. Neither does this Regulation oblige operators of retransmission services to include in their services television or radio programmes originating in other Member States. This Regulation concerns only the exercise of certain retransmission rights to the extent necessary to simplify the licensing of copyright and related rights for such services and only with regard to television and radio programmes originating in other Member States of the Union,

Amendment 123 #

Proposal for a regulation
Article 1

For the purpose of this Regulation, the following definitions shall apply: (a)”ancillary online service” means an online service consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of radio or television programmes simultaneously with or for a defined period of time after their broadcast by the broadcasting organisation as well as of any material produced by or for the broadcasting organisation which is ancillary to such broadcast; (b)”retransmission” means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council 19, intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite but excluding online transmission, of television or radio programmes intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.Article 1 deleted Definitions

Amendment 124 #

Proposal for a regulation
Article 1 – paragraph 1 – point a

Amendment 125 #

Proposal for a regulation
Article 1 – paragraph 1 – point a

Amendment 126 #

Marc JOULAUD

Proposal for a regulation
Article 1 – paragraph 1 – point a

Amendment 127 #

Proposal for a regulation
Article 1 – paragraph 1 – point a

Amendment 128 #

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) “~~ancillary~~ online service” means an online service consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of linear and non linear radio or television programmes simultaneously with ~~or for a defined period of time~~before, during or after their broadcast by the broadcasting organisation as well as of any material produced by or for the broadcasting organisation which is ancillary to such broadcast or an online service of a broadcasting organisation which publishes produced, co-produced or commissioned works under its own editorial responsibility;

Amendment 129 #

Mary HONEYBALL, Marc TARABELLA

Proposal for a regulation
Article 1 – paragraph 1 – point a

Amendment 130 #

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) “ancillary online ~~service~~content” means an online ~~service cons~~radio or television programme, that is produced by or for the broadcasting organisati~~ng in the provision~~on and not licensed to any third parties or which is licensed exclusively to the broadcasting organisation throughout the Union, provided to the public, by or under the control and responsibility of a broadcasting organisation, ~~of radio or television programmes~~ simultaneously with or for a defined period of time after ~~their broadcast by the broadcasting organisation as well as of any material produced by or for the broadcasting organisation which is ancillary to such broadcast~~its broadcast by the broadcasting organisation;

Amendment 131 #

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) “ancillary online service” means an online service consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of radio or television programmes simultaneously with ~~or for a defined period of time~~, before or after their broadcast by the broadcasting organisation ~~as well as of~~, any material produced by or for the broadcasting organisation ~~which is ancillary to such broadcas~~, enriching or otherwise expanding the programmes broadcast by the broadcasting organisation, as well as services by or under the control and responsibility of a broadcasting organisation giving access only online to audio and audiovisual content;

Amendment 132 #

Bogdan Brunon WENTA, Sabine VERHEYEN, Hannu TAKKULA, Marc TARABELLA

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) ~~“ancillary~~ ‘online service”’ means an online service consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of radio or television programmes simultaneously with ~~or for a defined period of time~~, before, during or after their broadcast by the broadcasting organisation as well as of any material produced by or for the broadcasting organisation which is ancillary to such broadcast; or a broadcasting organisation’s online service which chiefly makes works produced, co- produced or commissioned under its own editorial responsibility available online; (Horizontal amendment. ‘Ancillary online service’ is to be replaced by ‘online service’ throughout the text).

Amendment 133 #

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) “ancillary online service” means an online service consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of radio or television programmes ~~simultaneously with or for a defined period of time after~~produced by the broadcasting organisation and not licensed to any third parties, simultaneously with their broadcast by the broadcasting organisation as well as of any promotional material produced by ~~or for~~ the broadcasting organisation and not licensed to any third parties which is ancillary to such broadcast;

Amendment 134 #

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) “~~ancillary~~ online service” means an online service consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of linear and non linear radio or television programmes ~~simultaneously with or for a defined period of time after their broadcast by~~as of any material produced by or for the broadcasting organisation ~~as well as~~or being part of ~~any~~the material pro~~duc~~vided by ~~or for~~ the broadcast~~ing organisation which is ancillary to such broadcast~~er to the public;

Amendment 135 #

Jana TOOM, Dita CHARANZOVÁ, Kaja KALLAS, Marietje SCHAAKE

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) “~~ancillary~~ online service” means an online service consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of ~~radio or television programmes simultaneously with or for a defined per~~linear and non linear radiod ofr t~~ime after their broadcast by the broadcasting organisation~~elevision programmes, as well as of any material produced by or for the broadcasting organisation ~~which is ancillary to such broadcast~~;

Amendment 136 #

Proposal for a regulation
Article 1 – paragraph 1 – point a – point i (new)

i) radio or television programmes, by or under the control and responsibility of a broadcasting organisation, simultaneously with or for a defined period of time after their broadcast by the broadcasting organisation as well as any material produced by or for the broadcasting organisation which is ancillary to such broadcast; or

Amendment 137 #

Proposal for a regulation
Article 1 – paragraph 1 – point a – point ii (new)

ii) linear transmission of radio or television-like programmes, under the control and responsibility of a broadcasting organisation or a service provider and on the basis of a schedule, which are not linked to a broadcast but transmitted only online, and any other service provided simultaneously with, or for a defined period of time after, such transmission as well as services giving access to material, produced by or for the broadcasting organisation or the service provider, ancillary to such transmission;

Amendment 138 #

Proposal for a regulation
Article 1 – paragraph 1 – point a a (new)

(a a) ‘Current affairs programmes’ means a genre of broadcast journalism where the emphasis is on detailed analysis and discussion of news stories that have recently occurred or are ongoing at the time of broadcast;

Amendment 139 #

Proposal for a regulation
Article 1 – paragraph 1 – point a b (new)

(a b) News programmes is a genre of programme that places emphasis on news reports presented for simple presentation as soon as possible, often with a minimum of analysis;

Amendment 140 #

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) “retransmission” means any ~~simultaneous, unaltered and unabridg~~unaltered retransmission, other than cable retransmission as defined in Directive 93/83/EEC ~~and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19~~ , intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite ~~but excluding online transmission~~, of television or radio programmes intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.

Amendment 141 #

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) “retransmission” means any ~~simultaneous,~~ unaltered and ~~unabridged~~ retransmission, other than cable retransmission as defined in Directive 93/83/EEC ~~and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19~~ , intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite ~~but excluding online transmission~~, of television or radio programmes intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19 Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.

Amendment 142 #

Sabine VERHEYEN

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) “retransmission” means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19 , intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite but excluding online transmission, of television or radio programmes intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. Online retransmissions are within the scope of this Regulation as long as they are linked to a particular infrastructure or have the ability to ensure a controlled user group environment. _________________ 19 Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.

Amendment 143 #

Jana TOOM, Dita CHARANZOVÁ, Kaja KALLAS, Marietje SCHAAKE

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) “retransmission” means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC ~~and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19~~ , intended for reception by the public of an initial transmission from another Member State, by wire, or over the air, including that by satellite ~~but excluding~~or online transmission, of television or radio programmes intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.

Amendment 144 #

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) “retransmission” means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19 , intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite but excluding online transmission, of television or radio programmes intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19 Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1, intended for reception by the public of an initial transmission from another Member State, irrespective of the retransmission technology or network used providing that the retransmission takes place in a controlled environment, of television or radio programmes intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made.

Amendment 145 #

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) “retransmission” means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC ~~and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19~~ , intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite ~~but excluding~~and online transmission, of television or radio programmes intended for the reception by the public~~, provided that such retransmission is~~. Such retransmission must be equivalent to retransmissions by operators of cable retransmission services and must be made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.

Amendment 146 #

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) “retransmission” means any simultaneous, unaltered and unabridged retransmission in a closed environment, other than cable retransmission as defined in Directive 93/83/EEC ~~and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19~~ , intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite ~~but excluding online transmission~~, of television or radio programmes intended for the reception by the public, provided that such retransmission is equivalent to retransmissions by operators of cable retransmission services and is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.

Amendment 147 #

Bogdan Brunon WENTA, Sabine VERHEYEN, Hannu TAKKULA, Marc TARABELLA

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) “retransmission” means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC ~~and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19~~ , intended for reception by the public of an initial transmission from another Member State, in a controlled environment, by wire or over the air, including that by satellite ~~but excluding online transmission~~, of television or radio programmes intended for the reception by the public, provided that such retransmission has the same characteristics as the cable retransmission and is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.

Amendment 148 #

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) “retransmission” means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19 , intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite or by direct injection but excluding online transmission, of television or radio programmes ultimately intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19 Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.

Amendment 149 #

Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)

(ba) “direct injection” means a two- or more step process by which broadcasting organisations transmit “point to point” – by wire or over the air, including by satellite – in such a way that the programme-carrying signals cannot be received by the general public during such transmission, their programme- carrying signals for reception by the public to distributors who then offer these programmes to the public, simultaneously in an unaltered and unabridged manner, for viewing or listening on cable, microwave systems, satellite, digital terrestrial, IP-based or similar networks.

Amendment 15 #

Bogdan Brunon WENTA, Sabine VERHEYEN, Hannu TAKKULA, Marc TARABELLA

Proposal for a regulation
Citation 1

Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 114, 167 and 169 thereof,

Amendment 150 #

Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)

(ba) “Direct injection” means the transmissions of by a broadcasting organisation of its programme-carrying signals exclusively to signal distributors without those signals being accessible to the public during, and as of result of that transmission;

Amendment 151 #

Proposal for a regulation
Article 2

Amendment 152 #

Marc JOULAUD

Proposal for a regulation
Article 2

Amendment 153 #

Proposal for a regulation
Article 2

Application of the principle of ‘country of origin’ to ancillary online services (1) The acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment. (2) When fixing the amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1, the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service, the audience, and the language version.Article 2 deleted

Amendment 154 #

Proposal for a regulation
Article 2

Amendment 155 #

Proposal for a regulation
Article 2 – title

Application of the principle of ‘country of ~~origi~~destination’ to ancillary online services

Amendment 156 #

Jana TOOM, Dita CHARANZOVÁ, Kaja KALLAS, Marietje SCHAAKE

Proposal for a regulation
Article 2 – title

Application of the principle of ‘country of origin’ to ~~ancillary~~ online services

Amendment 157 #

Proposal for a regulation
Article 2 – title

Application of the principle of ‘country of origin’ to ~~ancillary~~ online services

Amendment 158 #

Proposal for a regulation
Article 2 – paragraph 1

Amendment 159 #

Helga TRÜPEL

Proposal for a regulation
Article 2 – paragraph 1

(1) The acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment. The reproduction, copying and provision to the public of sporting events, purchased audio-visual content and licensed programming via a supplementary online service are excluded from the country of origin principle for the purposes of the application of copyright and related rights.

Amendment 16 #

Proposal for a regulation
Recital 1

(1) In order to cont~~ribute to the functioning of the internal market, it is necessary to provide for wider dissemination of~~inue to support the European cultural and creative industries, it is necessary to embed the principle of territoriality, including for television and radio programmes originating in other Member States, for the benefit of ~~users across the Union by facilitating licensing~~enterprises but also of users, by enshrining the principle of copyright and related rights in works and other protected subject-matter contained in broadcasts of such programmes. Indeed, television and radio programmes are important means of promoting cultural and linguistic diversity, social cohesion and access to information, and it is therefore vital to ensure that the mechanisms for the financing of audiovisual works are not jeopardised.

Amendment 160 #

Bogdan Brunon WENTA, Sabine VERHEYEN, Hannu TAKKULA, Marc TARABELLA

(1) The acts of communication to the public and of making available occurring when providing an ~~ancillary~~ online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ~~ancillary~~ online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment. Any disputes over the exercise of those rights shall fall under the jurisdiction of the Member State in which the broadcasting organisation is established. The competent jurisdiction does not depend on the main targeted audience of the broadcaster organisation.

Amendment 161 #

Proposal for a regulation
Article 2 – paragraph 1

(1) The acts of communication to the public ~~and of making available~~ occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation ~~as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service~~ shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment.

Amendment 162 #

Proposal for a regulation
Article 2 – paragraph 1

(1) The acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur ~~solely~~ in the Member State or Member States in which the broadcasting organisation ~~has its principal establishment~~undertakes those acts of communication and reproduction.

Amendment 163 #

Proposal for a regulation
Article 2 – paragraph 1

(1) The acts of communication to the public and of making available occurring when providing an ~~ancillary~~ online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ~~ancillary~~ online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment. Any disputes over the exercise of these rights shall fall under the jurisdiction of that Member State.

Amendment 164 #

Proposal for a regulation
Article 2 – paragraph 1

(1) The acts of communication to the public and of making available of news and current affairs programmes occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction of news and current affairs programmes which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment.

Amendment 165 #

Proposal for a regulation
Article 2 – paragraph 1

(1) The acts of communication to the public and of making available occurring when providing an ~~ancillary~~ online service by or under the control and responsibility of a broadcasting organisation or a service provider as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ~~ancillary~~ online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation or the service provider has its principal establishment.

Amendment 166 #

Jana TOOM, Dita CHARANZOVÁ, Kaja KALLAS, Marietje SCHAAKE

Proposal for a regulation
Article 2 – paragraph 1

Amendment 167 #

Proposal for a regulation
Article 2 – paragraph 1 a (new)

(1a) Paragraph 1 shall not undermine the principle of territorial exploitation of rights or contractual freedom in copyright law, and shall be without prejudice to the rights set out in Directive 2001/29/EC.

Amendment 168 #

Proposal for a regulation
Article 2 – paragraph 1 a (new)

(1a) Paragraph 1 does not affect the principles of territoriality and contractual freedom under copyright and is without prejudice to any right provided under Directive 2001/29/EC.

Amendment 169 #

Proposal for a regulation
Article 2 – paragraph 1 b (new)

(1b) Paragraph 1 shall not apply to ancillary online services that are mainly targeted at an audience in a Member State other than the Member State in which the broadcasting organisation has its principal establishment.

Amendment 17 #

Proposal for a regulation
Recital 1

(1) In order to contribute to the functioning of the internal market and to promote cultural and linguistic diversity, social cohesion and access to information, it is necessary to provide for wider dissemination of television and radio programmes originating in other Member States for the benefit of users across the Union by facilitating licensing of copyright and related rights in works and other protected subject-matter contained in broadcasts of such programmes. ~~Indeed, television and radio programmes are important means of promoting cultural and linguistic diversity, social cohesion and access to information.~~

Amendment 170 #

Proposal for a regulation
Article 2 – paragraph 2

(2) When fixing the ~~amount of the~~ payment to be made for the rights subject to the country of origin principle as set out in paragraph 1, the parties shall take into account all aspects of the ancillary online service ~~such as the features of the ancillary online service, the audience, and the language version~~.

Amendment 171 #

Proposal for a regulation
Article 2 – paragraph 2

Amendment 172 #

Proposal for a regulation
Article 2 – paragraph 2

(2) When fixing the amount of the payment to be made for the rights subject to the country of ~~origi~~destination principle as set out in paragraph 1, the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service, the audience, and the language version.

Amendment 173 #

Mary HONEYBALL, Giorgos GRAMMATIKAKIS, Marc TARABELLA

Proposal for a regulation
Article 2 – paragraph 2

Amendment 174 #

Proposal for a regulation
Article 2 – paragraph 2 a (new)

(2a) The principle of contractual freedom safeguards the ability to limit the exploitation of the rights affected by the principle of country of origin laid down in paragraph 1, including by agreeing absolute territorial exclusivity. In the event that decisions in relation to Union law prevent contractual clauses which grant and/or enforce absolute territorial exclusivity, the provision in paragraph 1 shall cease to exist.

Amendment 175 #

Silvia COSTA

Proposal for a regulation
Article 2 – paragraph 2 a (new)

(2a) The principle of contractual freedom safeguards the ability to limit the exploitation of the rights affected by the principle of country of origin laid down in paragraph 1 including by agreeing absolute territorial exclusivity. In the event that Union law prevents contractual clauses which grant and/or enforce absolute territorial exclusivity, the provision in paragraph 1 shall cease to apply;

Amendment 176 #

Proposal for a regulation
Article 2 – paragraph 2 a (new)

(2a) With respect to the exercise of any right under the previous paragraphs, exclusive jurisdiction on any dispute related thereto shall be with the relevant body or authority of the Member State in which the broadcasting organisation providing the ancillary online service is established.

Amendment 177 #

Helga TRÜPEL

Proposal for a regulation
Article 2 – paragraph 2 a (new)

(2a) Paragraph 1 shall not undermine the principle of territoriality or contractual freedom under copyright law, and shall be without prejudice to the rights set out in Directive 2001/29/EC.

Amendment 178 #

Proposal for a regulation
Article 3 – paragraph 1

(1) Holders of copyright and related rights other than broadcasting organisations may exercise their rights to grant or refuse the authorisation for a retransmission ~~only~~ through a collective management organisation or through any other means they appropriate, in line with the principle of contractual freedom.

Amendment 179 #

Ian HUDGHTON

Proposal for a regulation
Article 3 – paragraph 1 a (new)

(1a) When an author has transferred his right to retransmission to a producer, he shall retain an unwaivable right to obtain an equitable remuneration for the retransmission of the work which may be exercised only through a collective management organisation representing authors, unless other collective management agreements guarantee such remuneration to audiovisual authors.

Amendment 18 #

Proposal for a regulation
Recital 2

(2) The development of digital technologies and internet has transformed the distribution of and access to television and radio programmes. Users increasingly expect to have access to television and radio programmes, as well as other services, both live and on- demand, using traditional channels such as satellite or cable and also through online services. Broadcasting organisations are therefore increasingly offering, in addition to their own broadcasts of television and radio programmes, online services ancillary to their broadcast, such as simulcasting and catch-up services. Furthermore, broadcasting organisations and service providers are also making TV and radio- like programmes available through linear online-only transmissions (for example, webcasting services), which represent a growing reality that is tremendously changing the market. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open internet. On the part of users, there is a growing demand for access to broadcasts of television and radio programmes not only originating in their Member State but also in other Member States of the Union, including from members of linguistic minorities of the Union as well as from persons who live in another Member State than their Member State of origin.

Amendment 180 #

Proposal for a regulation
Article 3 – paragraph 2

Amendment 181 #

Proposal for a regulation
Article 3 – paragraph 3

(3) Where more than one collective management organisation manages rights of that category for the territory of that Member State, the right holder shall be free to choose which of those collective management organisations is deemed to be mandated to manage his or her right. If in such a situation the right holder does not choose the collective management organisation, it shall be for the Member State for whose territory the operator of the retransmission service seeks to clear rights for a retransmission to indicate which of the collective management organisations, if he/she so wishes, the collective management organisation that is deemed to be mandated to manage ~~the right of that right holder~~his or her right.

Amendment 182 #

Proposal for a regulation
Article 3 – paragraph 4

(4) A right holder shall have the same rights and obligations resulting from the agreement between the operator of the retransmission service and the collective management organisation which is deemed to be mandated to manage his or her right as the right holders who have mandated that collective management organisation and shall be able to claim those rights within a period, to be fixed by the Member State concerned, which shall not be shorter than ~~thre~~five years from the date of the retransmission which includes his or her work or other protected subject matter.

Amendment 183 #

Proposal for a regulation
Article 3 – paragraph 5

(5) ~~A Member State may provide that, w~~Where a right holder authorises the initial transmission ~~within its territory~~in a Member State of a work or other protected subject matter, the ~~right holder shall be deemed to have agreed not to~~/she may exercise his or her rights in retransmission on an individual basis ~~but to exercise them in accordance with~~, or in accordance with the arrangements set out in this Regulation.

Amendment 184 #

Proposal for a regulation
Article 3 – paragraph 5 a (new)

(5a) Member States shall ensure that, in connection with the integral reutilisation of broadcasting organisations’ online services, a collective contract, signed by a representative association including users of the works or associations of users for a set group of works, can be extended to rightsholders of the same group who are not already represented by the representative association. The unrepresented rightsholders may object to this extension at any time and manage their rights individually or collectively in another grouping.

Amendment 185 #

Proposal for a regulation
Article 3 – paragraph 5 a (new)

(5a) The exercise of the rights in retransmission by right holders other than broadcasting organisations established in this regulation and in Council Directive 93/83/EEC also applies to the integral re- use of the broadcasting organisation’s on- demand services by a party other than the broadcasting organisation under whose control and responsibility such services were primarily made available.

Amendment 186 #

Jana TOOM, Dita CHARANZOVÁ, Kaja KALLAS, Robert ROCHEFORT, Marietje SCHAAKE

Proposal for a regulation
Article 3 – paragraph 5 a (new)

(5a) The Commission and Member States in cooperation with collective management organisations shall develop a database providing information relating to copyright and related rights of works, including concerning the holder of the right, the type of use of the right, its territorial scope and its duration.

Amendment 187 #

Proposal for a regulation
Article 3 – paragraph 5 b (new)

(5b) The exercise of the rights in retransmission by rightholders other than broadcasting organisations established in this regulation and in Council Directive 93/83/EEC also applies to functionalities that are closely connected to the linear retransmission and made available for a limited period of time after the retransmission, such as internet-based PVR (personal video recorder) and restart-TV.

Amendment 188 #

Proposal for a regulation
Article 3 – paragraph 5 c (new)

(5c) Where an author has transferred his or her right to retransmission to a broadcasting organisation or a producer, the author shall retain an unwaivable right to obtain an equitable remuneration from the retransmission operator for the retransmission of his or her work. The administration of such a right shall be entrusted to a collective management organisation representing authors. This provision shall not preclude collective bargaining agreements, operating arrangements and joint remuneration rules of broadcasting organisations, provided that the author is granted an equitable remuneration for the retransmission of his or her work.

Amendment 189 #

Angel DZHAMBAZKI, Angel DZHAMBAZKI, Angel DZHAMBAZKI

Proposal for a regulation
Article 3 a (new)

Article 3 a Extended Collective Licensing 1. Member States may extend the application of a non-exclusive license concluded by a collective management organisation, on behalf of its members, with an information society service provider for the communication to the public or making available of, as well as the acts of reproduction which are necessary for the provision of, broadcasters’ radio or television programmes and audiovisual works provided by the broadcasting organisation to the public, the rightholders of the same category as those covered by the license who are not represented by the collective management organisation provided that: (a) the collective management organisation is, on the basis of mandates from rightholders, broadly representative of rightholders in the category of works or other subject-matter and of the rights which are the subject of the license; (b) equal treatment is guaranteed to all rightholders in relation to the terms of the license; (c) the collective management organisation makes available to all rightholders information about the exploitation of the works subject to this paragraph; (d) all rightholders may at any time exclude the application of the license to their works or other subject-matter. 2. Exceptions or limitations introduced by Member-States to the rights provided for in articles 2 and 3 of Directive 2001/29/EC apply in cases related to the provision to the public by an information society service provider of works covered by paragraph 1, insofar as the relevant rightholder does not exclude the application of the non-exclusive license.

Amendment 19 #

Proposal for a regulation
Recital 2

(2) The development of digital technologies ~~and internet ha~~, the internet and online marketplace is transformeding the distribution of, and access to, television and radio programmes. Users increasingly expect to have access to television and radio programmes both live and on- demand, using traditional channels such as satellite or cable and also through online services. Broadcasting organisations are therefore increasingly offering, in addition to their own broadcasts of television and radio programmes, online services ancillary to their broadcast that are complementary to their traditional linear output, such as simulcasting and catch-up services. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open internet. On the part of users, there is a growing demand for access to broadcasts of television and radio programmes not only originating in their Member State but also in other Member States of the Union, including from members of linguistic minorities of the Union as well as from persons who live in another Member State than their Member State of origin. Such demand needs to be weighed against the success of the current territorial funding model for European content, which is vital to current and future investment in high quality European content and the success of the audiovisual media sector.

Amendment 190 #

Marie-Christine BOUTONNET, Marie-Christine BOUTONNET

Proposal for a regulation
Article 4 – paragraph 1

~~Article 3 shall not apply to~~The conditions applicable in the case of the rights exercised by a broadcasting organisation in respect of its own transmission shall be the same as those set out in Article 3, irrespective of whether the rights concerned are its own or have been transferred to it by other holders of copyright or by holders of related rights.

Amendment 191 #

Proposal for a regulation
Article 4 – paragraph 1 a (new)

This Regulation does not oblige broadcasting organisations to provide such services across borders.

Amendment 192 #

Proposal for a regulation
Article 4 a (new)

Article 4a Principle of freedom of contract This Regulation shall apply to transmission and retransmission services throughout the EU and uphold the principle of the contractual freedom of rightsholders and operators of retransmission services. Rightsholders may limit the geographical scope of rights affected by the principle of country of origin.

Amendment 193 #

Proposal for a regulation
Article 5

Agreements on the exercise of copyright and related rights relevant for the acts of communication to the public and the making available occurring in the course of provision of an ancillary online service as well as for the acts of reproduction which are necessary for the provision of, the access to or the use of an ancillary online service which are in force on [the date mentioned in Article 7(2), to be inserted by OPOCE ] shall be subject to Article 2 as from [the date mentioned in Article 7(2) + 2 years, to be inserted by OPOCE] if they expire after that date.rticle 5 deleted Transitional provision

Amendment 194 #

Proposal for a regulation
Article 5

Amendment 195 #

Bogdan Brunon WENTA, Sabine VERHEYEN, Hannu TAKKULA, Marc TARABELLA

Proposal for a regulation
Article 5

Amendment 196 #

Marc JOULAUD

Proposal for a regulation
Article 5

Amendment 197 #

Proposal for a regulation
Article 5 – paragraph 1

Agreements on the exercise of copyright and related rights relevant for the acts of communication to the public ~~and the making available~~ occurring in the course of provision of an ancillary online service ~~as well as for the acts of reproduction which are necessary for the provision of, the access to or the use of an ancillary online service~~ which are in force on [the date mentioned in Article 7(2), to be inserted by OPOCE ] shall be subject to Article 2 as from [the date mentioned in Article 7(2) + 25 years, to be inserted by OPOCE] if they expire after that date.

Amendment 198 #

Proposal for a regulation
Article 5 – paragraph 1

Agreements on the exercise of copyright and related rights relevant for the acts of communication to the public and the making available of news and current affairs programmes occurring in the course of provision of an ancillary online service as well as for the acts of reproduction of news and current affairs programmes which are necessary for the provision of, the access to or the use of an ancillary online service which are in force on [the date mentioned in Article 7(2), to be inserted by OPOCE ] shall be subject to Article 2 as from [the date mentioned in Article 7(2) + 2 years, to be inserted by OPOCE] if they expire after that date.

Amendment 199 #

Proposal for a regulation
Article 5 – paragraph 1

Agreements on the exercise of copyright and related rights relevant for the acts of communication to the public and the making available occurring in the course of provision of an ~~ancillary~~ online service as well as for the acts of reproduction which are necessary for the provision of, the access to or the use of an ~~ancillary~~ online service which are in force on [the date mentioned in Article 7(2), to be inserted by OPOCE ] shall be subject to Article 2 as from [the date mentioned in Article 7(2) + 2 years, to be inserted by OPOCE] if they expire after that date.

Amendment 20 #

Proposal for a regulation
Recital 2

(2) The development of digital technologies and internet has transformed the distribution of and access to television and radio programmes. Users increasingly expect to have access to television and radio programmes both live and on- demand, using traditional channels such as satellite or cable and also through online services. Broadcasting organisations are therefore increasingly offering, in addition to their own broadcasts of television and radio programmes, online services ancillary to their broadcast, such as simulcasting and catch-up services. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open internet. On the part of users, there is a growing demand for access to broadcasts of television and radio programmes not only originating in their Member State but also in other Member States of the Union, including from members of linguistic minorities of the Union as well as from persons who live in another Member State than their Member State of origin.

Amendment 200 #

Proposal for a regulation
Article 5 a (new)

Article 5a Exploitation of broadcasting programmes through a direct injection process Broadcasting organisations that transmit their programme carrying signals through a direct injection process to distributors for reception by the public are jointly liable together with such distributors for the single and indivisible acts of communication to the public and making available to the public, as defined in Article 3 of Directive 2001/29/EC, which they carry out together. Such broadcasting organisations and such distributors should therefore obtain an authorisation from the rights holders concerned as regards their respective participation in such acts.

Amendment 201 #

Proposal for a regulation
Article 6 – paragraph 1

(1) No later than [3 years after the date mentioned in Article 7(2) to be inserted by OPOCE], the Commission shall carry out a review of this Regulation and present a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. The report shall be made easily and effectively accessible to the public.

Amendment 202 #

Proposal for a regulation
Article 6 – paragraph 2 a (new)

(2a) The extension of this Regulation to include video-on-demand platforms in its scope shall be considered together with the review of Article 10 of Directive 2017/....19a _________________ 19aProposal for a directive of the European Parliament and of the Council on copyright in the Digital Single Market, COM(2016)0593.

Amendment 21 #

Jana TOOM, Dita CHARANZOVÁ, Kaja KALLAS, Marietje SCHAAKE

(2) The development of digital technologies and internet has transformed the distribution of and access to television and radio programmes. Users increasingly expect to have access to television and radio programmes both live and on- demand, using traditional channels such as satellite or cable and also through online services. Broadcasting organisations are therefore increasingly offering, in addition to their own broadcasts of television and radio programmes, online services ~~ancillary to their broadcast~~, such as simulcasting and catch-up services. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open internet. The distribution of and access to television and radio programmes is therefore increasingly done on a multi- platform and technology-neutral basis. On the part of users, there is a growing demand for access to broadcasts of television and radio programmes on any platform in a borderless environment, therefore not only originating in their Member State but also in other Member States of the Union, including from members of linguistic minorities of the Union as well as from persons who live in another Member State than their Member State of origin.

Amendment 22 #

Proposal for a regulation
Recital 2

(2) The development of digital technologies and internet has transformed the distribution of, and access to, television and radio programmes~~. Users increasingly expect to have~~, pitting traditional audiovisual media services against increasingly fierce international competition, including from on-line platforms. To meet user demand for access to television and radio programmes both live and on- demand, using traditional channels such as satellite or cable and also through online services~~. B~~, broadcasting organisations ~~are therefore increasingly~~have managed to adapt and offer in~~g, in addition to their own broadcasts of television and radio programmes,~~novative solutions such as online services ancillary to their broadcast~~, such as~~s, like simulcasting and catch-up services. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open internet. On the part of users, there is a growing demand for access to broadcasts of television and radio programmes not only originating in their Member State but also in other Member States of the Union, including from members of linguistic minorities of the Union as well as from persons who live in another Member State than their Member State of originThese new techniques have made it possible to offer users a broad choice and increasingly easy access to high-quality content.

Amendment 23 #

(2) The development of digital technologies and internet has transformed the distribution of and access to television and radio programmes. Users increasingly expect to have access to television and radio programmes both live and on- demand, using traditional channels such as satellite or cable and also through online services. Broadcasting organisations are therefore increasingly offering, in addition to their own broadcasts of television and radio programmes, online services ~~ancillary to their broadcast,~~ such as simulcasting and catch-up services. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open internet. On the part of users, there is a growing demand for access to broadcasts of television and radio ~~programm~~, including catch-up services, not only originating in their Member State but also in other Member States of the Union, including from members of linguistic minorities of the Union as well as from persons who live in another Member State than their Member State of origin.

Amendment 24 #

Jana TOOM, Dita CHARANZOVÁ, Kaja KALLAS, Marietje SCHAAKE

Proposal for a regulation
Recital 3

(3) A number of barriers hinder the provision of online services which are ~~ancillary to~~offered by broadcasters and the provision of retransmission services and thereby the free circulation of television and radio programmes within the Union. Broadcasting organisations transmit daily many hours of news, cultural, political, documentary or entertainment programmes. These programmes incorporate a variety of content such as audiovisual, musical, literary or graphic works, which is protected by copyright and/or related rights under Union law. That results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter. Often the rights need to be cleared in a short time-frame, in particular when preparing programmes such as news or current affairs. In order to make their online services available across borders, broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights’ clearance. The clearance of rights does not exist to a sufficient degree on a multi-platform and technology-neutral basis and therefore the potential of innovation and value that can be created from technological developments is limited. Administrative costs arising from the clearance of rights prevent broadcasters from investing in innovative models to distribute and promote content.

Amendment 25 #

Amendment 26 #

Proposal for a regulation
Recital 3

(3) A number of barriers hinder the provision of online services which are ancillary to broadcasts and the provision of retransmission services and thereby the free circulation of television and radio programmes within the Union. Broadcasting organisations transmit daily many hours of news, cultural, political, documentary or entertainment programmes. These programmes incorporate a variety of content such as audiovisual, musical, literary or graphic works, which is protected by copyright and/or related rights under ~~Union law. That results in a complex process to clear rights from a multitude of right holders and for different categories of works and othe~~national bodies of law and Union law. Territorial-based sales of rights and exclusivity clauses play a major pro~~tected subject matter. Often the rights need to be cleared in a short time- frame,~~le in the financing and distribution of this content. This investment ins particular when preparing programmes such as news or current affairs. In order to make their online services available across borders, broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevantly relevant in the case of the cross-border distribution of content across the EU, as was pointed out by the European Audiovisual Observatory in its study on territoriality in 2015, because the EU market is heterogeneous and very fragmented – owing to differences in the language, culture and tastes of the public – and, ther~~ritories which further increases the complexity of the rights’ clear~~efore, obliges broadcasting organisations to adapt to national circumstances.

Amendment 27 #

Bogdan Brunon WENTA, Sabine VERHEYEN, Hannu TAKKULA, Marc TARABELLA

Proposal for a regulation
Recital 3

Amendment 28 #

Proposal for a regulation
Recital 3

(3) ~~A number of barriers hinder t~~The provision of online services which are ancillary to broadcasts and the provision of retransmission services and thereby the free circulation of television and radio programmes within the Union are reliant on contractual freedom. Broadcasting organisations transmit daily many hours of news, cultural, political, documentary or entertainment programmes. These programmes incorporate a variety of content such as audiovisual, musical, literary or graphic works, which is protected by copyright and/or related rights under Union law. ~~That results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject mat~~For audiovisual works, the rights are consolidated with the producers by law or by contract which facilitates the complex process of rights clearance that is part of daily functions of broadcasters. Often the rights need to be cleared in a short time- frame, in particular when preparing programmes such as news or current affairs. In order to make their online services available across borders, broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories ~~which further increases the complexity of the rights’ clearance~~.

Amendment 29 #

Proposal for a regulation
Recital 3

(3) A number of barriers hinder the provision of online services ~~which are ancillary to broadcasts~~ and the provision of retransmission services and thereby the free circulation of television and radio programmes within the Union. Broadcasting organisations transmit daily many hours of news, cultural, political, documentary or entertainment programmes. These programmes incorporate a variety of content such as audiovisual, musical, literary or graphic works, which is protected by copyright and/or related rights under Union law. That results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter. Often, the rights need to be cleared in a short time-frame, in particular when preparing programmes such as news or current affairs. In order to make their ~~online~~ services available across borders, broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights’ clearance.

Amendment 30 #

Proposal for a regulation
Recital 3

(3) A number of barriers hinder the provision of online services ~~which are ancillary to broadcasts~~ and the provision of retransmission services and thereby the free circulation of television and radio programmes within the Union. Broadcasting organisations transmit daily many hours of news, cultural, political, documentary or entertainment programmes. These programmes incorporate a variety of content such as audiovisual, musical, literary or graphic works, which is protected by copyright and/or related rights under Union law. That results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter. Often the rights need to be cleared in a short time-frame, in particular when preparing programmes such as news or current affairs. In order to make their online services available across borders, broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights’ clearance.

Amendment 31 #

Proposal for a regulation
Recital 3

(3) A number of barriers hinder the provision of online services ~~which are ancillary to broadcasts~~ and the provision of retransmission services and thereby the free circulation of television and radio programmes within the Union. Broadcasting organisations transmit daily many hours of news, cultural, political, documentary or entertainment programmes. These programmes incorporate a variety of content such as audiovisual, musical, literary or graphic works, which is protected by copyright and/or related rights under Union law. That results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter. Often the rights need to be cleared in a short time-frame, in particular when preparing programmes such as news or current affairs. In order to make their online services available across borders, broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights’ clearance.

Amendment 32 #

Jana TOOM, Dita CHARANZOVÁ, Kaja KALLAS, Marietje SCHAAKE

Proposal for a regulation
Recital 4

(4) Operators of retransmission services, that normally offer multiple programmes which use a multitude of works and other protected subject matter included in the retransmitted television and radio programmes, have a very short time- frame for obtaining the necessary licences and hence also face a significant rights clearing burden. There is also a risk for right holders of having their works and other protected subject matter exploited without authorisation or payment of remuneration if the access to the service is not provided based on individual subscriptions or in exchange for a fee or against consideration other than money. This risk can however be addressed through contractual agreements.

Amendment 33 #

Proposal for a regulation
Recital 4

Amendment 34 #

Proposal for a regulation
Recital 4

Amendment 35 #

Dominique BILDE

Proposal for a regulation
Recital 4

(4) Operators of retransmission services, that normally offer multiple programmes which use a multitude of works and other protected subject matter included in the retransmitted television and radio programmes, have ~~a very short time- frame for~~the possibility of obtaining the necessary licences and hence also face a significant rights clearing burden. There is also a risk for right holders of having their works and other protected subject matter exploited without authorisation or payment of remuneration, which is a facet of contractual freedom and guarantees right holders the remuneration they need for their livelihoods and to continue to offer a wide variety of content, which is necessary in order to preserve cultural diversity in Europe.

Amendment 36 #

Proposal for a regulation
Recital 4 a (new)

(4a) There is the need to strike the right balance between a high-level protection of authors, creators and rightholders and the right of citizens and consumers to have cross-border access to television and radio programmes as well as other online services.

Amendment 37 #

Bogdan Brunon WENTA, Sabine VERHEYEN, Hannu TAKKULA, Marc TARABELLA, Santiago FISAS AYXELÀ

Proposal for a regulation
Recital 5

(5) ThIt is also necessary to point out that this legal protection of right holders, which is laid down in the judicial systems of most Member States, is also enshrined in European law, since rights in works and other protected subject matter are harmonised, among others, through Directive 2001/29/EC of the European Parliament and of the Council15 and Directive 2006/115/EC of the European Parliament and of the Council.16. _________________ 15 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. 16 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.

Amendment 38 #

Proposal for a regulation
Recital 5

(5) The rights in works and other protected subject matter are harmonised, among others, through Directive 2001/29/EC of the European Parliament and of the Council15 and Directive 2006/115/EC of the European Parliament and of the Council.16 The principal objective of these instruments is to establish a high level of protection for rightholders. _________________ 15 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. 16 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.

Amendment 39 #

Proposal for a regulation
Recital 6

(6) Council Directive 93/83/EEC17 facilitates cross-border satellite broadcasting and retransmission by cable of television and radio programmes from other Member States of the Union. However, the provisions of that Directive on transmissions of broadcasting organisations are limited to satellite transmissions and therefore do not apply to online services ancillary to broadcast while the provisions concerning retransmissions of television and radio programmes from other Member States are limited to simultaneous, unaltered and unabridged retransmission by cable or microwave systems and do not extend to such retransmissions by means of other technologies. _________________ 17 Council 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 OJ L 248, 6.10.1993, p. 15– 21.

Amendment 40 #

(6) Council Directive 93/83/EEC17 facilitates cross-border satellite broadcasting and retransmission by cable of television and radio programmes from other Member States of the Union. However, the provisions of that Directive on transmissions of broadcasting organisations are limited to satellite transmissions and therefore do not apply to online services ~~ancillary to broadcast~~ while the provisions concerning retransmissions of television and radio programmes from other Member States are limited to simultaneous, unaltered and unabridged retransmission by cable or microwave systems ~~and do not extend to such retransmissions by means of other technologies.~~ _________________ 17 Council 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 OJ L 248, 6.10.1993, p. 15– 21.

Amendment 41 #

Jana TOOM, Dita CHARANZOVÁ, Kaja KALLAS, Marietje SCHAAKE

Proposal for a regulation
Recital 6

(6) Council Directive 93/83/EEC17 facilitates cross-border satellite broadcasting and retransmission by cable of television and radio programmes from other Member States of the Union. However, the provisions of that Directive on transmissions of broadcasting organisations are limited to satellite transmissions and therefore do not apply to online services ancillary to broadcast while the provisions concerning retransmissions of television and radio programmes from other Member States are limited to simultaneous, unaltered and unabridged retransmission by cable or microwave systems and do not extend to such retransmissions by means of other technologies such as wired and wireless technologies. _________________ 17 Council 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 OJ L 248, 6.10.1993, p. 15– 21.

Amendment 42 #

Proposal for a regulation
Recital 6

(6) While Council Directive 93/83/EEC17 facilitates cross-border satellite broadcasting and retransmission by cable of television and radio programmes from other Member States of the Union~~. However, the provisions of that Directive~~, its provisions on transmissions of broadcasting organisations are limited to satellite transmissions and therefore do not apply to online services ancillary to broadcast while the provisions concerning retransmissions of television and radio programmes from other Member States are limited to simultaneous, unaltered and unabridged retransmission by cable or microwave systems and do not extend to such retransmissions by means of other technologies. _________________ 17 Council 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 OJ L 248, 6.10.1993, p. 15– 21.

Amendment 43 #

Proposal for a regulation
Recital 7

Amendment 44 #

Bogdan Brunon WENTA, Sabine VERHEYEN, Hannu TAKKULA, Marc TARABELLA

Proposal for a regulation
Recital 7

(7) Therefore, cross-border provision of online services ~~ancillary t~~of broadcasters and retransmissions of television and radio programmes originating in other Member States should be facilitated by adapting the legal framework on the exercise of copyright and related rights relevant for those activities. Online cross-border access to European content will be further enhanced by including in the online services of broadcasting organisations also their on-line services that mainly consist of the provision to the public of works which are produced, co-produced or commissioned under their editorial responsibility, as most of these will be European works as defined by Directive 2010/13/EU.

Amendment 45 #

Proposal for a regulation
Recital 7

Amendment 46 #

Jana TOOM, Dita CHARANZOVÁ, Kaja KALLAS, Marietje SCHAAKE

Proposal for a regulation
Recital 7

(7) Therefore, cross-border provision of online services ~~ancillary t~~of broadcasters and online retransmissions of television and radio programmes on a multi-platform and technology neutral basis originating in other Member States should be facilitated by adapting the legal framework on the exercise of copyright and related rights relevant for those activities.

Amendment 47 #

Proposal for a regulation
Recital 7

(7) ~~Therefore, cross-border provision of online services ancillary to broadcast~~Bearing in mind the importance of the principle of territoriality for the financing of cultural and cre~~transmissions of television and radio programmes originating in other Memb~~ative content, and in particular of audiovisual works, the provisions of Directive 93/83/EEC on cross-border Stsate~~s should be facilita~~llited b~~y adapting the legal framework on the exercise of copyright and related rights relevant for those activities~~roadcasting and retransmission by cable should not be extended to on-line services ancillary to broadcasting and retransmission.

Amendment 48 #

Proposal for a regulation
Recital 7

(7) Therefore, cross-border provision of online services that are ancillary to broadcast, and retransmissions of television and radio programmes originating in other Member States, should be facilitated by adapting the particular legal framework on the exercise of copyright and related rights relevant for those specific activities.

Amendment 49 #

Proposal for a regulation
Recital 7

(7) Therefore, cross-border provision of ~~online~~ services ~~ancillary to~~for the broadcast and retransmissions of television and radio programmes originating in other Member States should be facilitated by adapting the legal framework on the exercise of copyright and related rights relevant for those activities.

Amendment 50 #

Proposal for a regulation
Recital 7

(7) Therefore, cross-border provision of online services ~~ancillary to broadcast~~ and retransmissions of television and radio programmes originating in other Member States should be facilitated by adapting the legal framework on the exercise of copyright and related rights relevant for those activities.

Amendment 51 #

Proposal for a regulation
Recital 8

(8) The ancillary online services covered by this Regulation are those services offered by broadcasting organisations which have a clear and subordinate relationship to the broadcast. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, within a defined time period after the broadcast, to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch-up services). In addition, ancillary online services include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme’s content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, the provision of access to works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos, do not fall under the definition of ancillary online service.deleted

Amendment 52 #

Proposal for a regulation
Recital 8

(8) The ~~ancillary online~~ services covered by this Regulation are those services offered by broadcasting organisations which have a clear and subordinate relationship to the broadcast. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, within a defined time period after the broadcast, to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch- up services). In addition, ~~ancillary~~ online services include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme’s content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, the provision of access to works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos, do not fall under the definition of ancillary online service.

Amendment 53 #

Bogdan Brunon WENTA, Sabine VERHEYEN, Hannu TAKKULA, Marc TARABELLA

Proposal for a regulation
Recital 8

(8) The ~~ancillary~~ online services covered by this Regulation are those services offered by broadcasting organisations ~~which~~and service providers, which could have a clear and subordinate relationship to the broadcast or consist in online-only TV and radio-like services. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, within a defined time period after the broadcast, to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch- up services)~~. In addition, ancillary online services include~~ and services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme’s content. ~~The provis~~In addition, o~~f ac~~nline servicess ~~to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, t~~include: online-only linear transmission (for example, webcasting), not linked to the broadcast, transmitted by broadcasting organisations and/or services providers, services provided simultaneously with, or for a defined period of time after, their transmission, services giving access to any material, produced by or for the broadcasting organisation or the service provider, ancillary to such transmission. The provision of access to individual works or other protected subject matter ~~independently of broadcast, such as services giv~~that have been incorporated ing a~~ccess to individual musical~~ television or raudio~~visual works, music albums or videos, do not fall under the definition of ancillary~~ programme should not be regarded as an online service.

Amendment 54 #

Proposal for a regulation
Recital 8

(8) The ancillary online services covered by this Regulation are those services offered by broadcasting organisations which have a clear and subordinate relationship to the broadcast. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, within a defined time period after the broadcast, to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch-up services). In addition, ancillary online services include services which give access to promotional material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, ~~extending,~~ supplementing or reviewing the relevant programme’s content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service including in particular all types of video on-demand services whether based on subscription or transactional. Similarly, the provision of access to works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos, do not fall under the definition of ancillary online service.

Amendment 55 #

Proposal for a regulation
Recital 8

(8) The ~~ancillary~~ online services covered by this Regulation are those services offered by broadcasting organisations which have a clear and subordinate relationship to the broadcast. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, within a defined time period after the broadcast,services giving access to television and radio content including services giving access to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch-up services). ~~In addition, ancillary online services~~They include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme’s content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, as well as material genuinely produced for the online environment. Public broadcasters in particular need to be able to use different dissemination channels to reach different audiences in order to fulfil their public service mandate. In order to reach younger audiences, the possibility to disseminate services designed for the online environment is crucial. Therefore, the provision of access to works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos~~, do not fall under~~ and webcasting are included in the scope of the definition of ~~ancillary~~ online services.

Amendment 56 #

Proposal for a regulation
Recital 8

(8) The ~~ancillary~~ online services covered by this Regulation are exclusively those services offered by broadcasting organisations ~~which have a clear and subordinate relationship to the broadcast~~. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, ~~within a defined time period~~before, during or after the broadcast, to television and radio programmes which have been previously broadcast by the broadcasting organisation (~~so-called~~e.g. catch- up services or previews). In addition, ~~ancillary online services~~they include services which give access to material which enriches, makes more accessible or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme’s content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, tAn online service may also consist of online content from a broadcasting organisation which chiefly provides access to works that have been produced, co-produced or commissioned under its own editorial responsibility and are only broadcast online. The provision of access to works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos, ~~do not fall under the definition of ancillary online service~~and webcasting will fall within the scope of this Regulation.

Amendment 57 #

Jana TOOM, Dita CHARANZOVÁ, Kaja KALLAS, Marietje SCHAAKE

Proposal for a regulation
Recital 8

(8) The ~~ancillary~~ online services covered by this Regulation are those services offered by broadcasting organisations ~~which have a clear and subordinate relationship to the broadcast~~. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, ~~with~~in a ~~defined time period after the broadcast,~~non linear manner to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch- up services). In addition, ~~ancillary~~ online services include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme’s content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should ~~not~~ be regarded as an ~~ancillary~~ online service . ~~Similarly, t~~The provision of access to works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos, do not fall under the definition of an~~cillary~~ online service for the purpose of this Regulation.

Amendment 58 #

Proposal for a regulation
Recital 8

(8) The ancillary online services covered by this Regulation are those services offered by broadcasting organisations which have a clear ~~and subordinate~~ relationship to the broadcast. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, ~~within a defined time period after~~after or before the broadcast, to television and radio programmes which have been previously or will be broadcast by the broadcasting organisation (so-called catch- up services and previews). In addition, ancillary online services include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme’s content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, the provision of acIn order to reach younger audiences, which mainly consume television and radio programmes online, it is crucial to enable broadcasting organisations to also disseminate across borders content produced only for the online environment. Therefore, ancillary online services also include servicess ~~to works o~~by or under othe~~r protected subject matter independentl~~ control and responsibility of a broadcast~~, such as services giving access to individual musical or audiovisual works, music albums or videos, do not fall under the definition of ancillary online service~~ing organisation giving access only online to audio and audiovisual content.

Amendment 59 #

Proposal for a regulation
Recital 8

(8) The ~~ancillary~~ online services covered by this Regulation are those services offered by broadcasting organisations ~~which have a clear and subordinate relationship to the broadcast~~. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, ~~within a defined time period~~before, during or after the broadcast, to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch- up services). In addition, ~~ancillary~~ online services include services which give access to ~~material which enriches or otherwise expands television and radio programmes broadcast by the~~accompanying material exclusively produced from or co-produced for a broadcast~~ing~~ organisation~~, including by way of previewing, extending, supplementing~~ for the online environment, as well as previews, trailers, supplements, makings of, extensions or review~~ing~~s to the relevant programme’s content. ~~The provision of access to individual works or other protected subject matter that have been incorporated in a telev~~An online service may also consist of online content from a broadcasting organisation which provides access to works that have been produced, co-produced or commission ~~or radio programme should not be regarded as an ancillary online service. Similarly~~ed under its own editorial responsibility and are only broadcast online. Therefore, the provision of access to works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or, videos~~, do not fall under the~~ or webcasting are included in the scope of definition of ~~ancillary~~ online service.

Amendment 60 #

Proposal for a regulation
Recital 9

Amendment 61 #

Amendment 62 #

Proposal for a regulation
Recital 9

Amendment 63 #

Proposal for a regulation
Recital 9

(9) In order to facilitate the clearance of rights for the provision of ~~ancillary~~ online services across borders it is necessary to provide for the establishment of the country of origin principle as regards the exercise of copyright and related rights relevant for acts occurring in the course of the provision of, the access to or the use of an ~~ancillary~~ online service. That principle of country of origin should apply ~~exclusively~~ to the relationship between right holders (or entities representing right holders such as collective management organisations) and broadcasting organisations and ~~solely for the purpose of the provision of, the access to or the use of an ancillary online service. The principle of country of origin should not apply~~ to any subsequent communication to the public or reproduction of content which is protected by copyright or related rights and which is contained in the ~~ancillary~~ online service.

Amendment 64 #

Proposal for a regulation
Recital 9

Amendment 65 #

Bogdan Brunon WENTA, Sabine VERHEYEN, Hannu TAKKULA, Marc TARABELLA

Proposal for a regulation
Recital 9

(9) In order to facilitate the clearance of rights for the provision of ~~ancillary online~~ services across borders it is necessary to provide for the establishment of the country of origin principle as regards the exercise of copyright and related rights relevant for acts occurring in the course of the provision of, the access to or the use of an ancillary online service. That principle of country of origin should apply exclusively to the relationship between right holders (or entities representing right holders such as collective management organisations) and broadcasting organisations and solely for the purpose of the provision of, the access to or the use of a~~n ancillary online~~ service. The principle of country of origin should not apply to any subsequent communication to the public or reproduction of content which is protected by copyright or related rights ~~and which is contained in the ancillary online service~~.

Amendment 66 #

Proposal for a regulation
Recital 9

(9) In order to facilitate the clearance of rights for the provision of ancillary online services across borders it is necessary to provide for the establishment of the country of origin principle as regards the exercise of copyright and related rights relevant for acts occurring in the course of the provision ~~of, the access to or the use~~ of an ancillary online service. That principle of country of origin should apply exclusively to the relationship between right holders (or entities representing right holders such as collective management organisations) and broadcasting organisations and solely for the purpose of the provision ~~of, the access to or the use~~ of an ancillary online service. The principle of country of origin should not apply to any subsequent communication to the public or reproduction of content which is protected by copyright or related rights and which is contained in the ancillary online service.

Amendment 67 #

Proposal for a regulation
Recital 9

(9) In order to facilitate the clearance of rights for the provision of ~~ancillary~~ online services across borders it is necessary to provide for the establishment of the country of origin principle as regards the exercise of copyright and related rights relevant for acts occurring in the course of the provision of, the access to or the use of an ~~ancillary~~ online service. That principle of country of origin should apply exclusively to the relationship between right holders (or entities representing right holders such as collective management organisations) and broadcasting organisations or service providers and solely for the purpose of the provision of, the access to or the use of an ~~ancillary~~ online service. The principle of country of origin should not apply to any subsequent communication to the public or reproduction of content which is protected by copyright or related rights and which is contained in the ~~ancillary~~ online service.

Amendment 68 #

Proposal for a regulation
Recital 9 a (new)

(9a) The country of origin principle should not apply to ancillary online services, which are primarily or solely targeted to a Member State other than the Member State in which the broadcasting organisation has its principal establishment. Such an ancillary online service is a service where it is obvious that the audience targeted by the service is limited to the population of a Member State other than the Member State in which the broadcasting organisation has its principal establishment and where it is unlikely that the service will have a significant number of users in the Member State in which the broadcasting organisation has its principle establishment.

Amendment 69 #

Proposal for a regulation
Recital 10

(10) Since the provision of, the access to or the use of an ancillary online service is deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment, while de facto the ancillary online service can be provided across borders to other Member States, it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question, the parties should take into account all aspects of the ancillary online service such as the features of the service, the audience, including the audience in the Member State in which the broadcasting organisation has its principal establishment and in other Member States in which the ancillary online service is accessed and used, and the language version.deleted

Amendment 70 #

Proposal for a regulation
Recital 10

(10) Since the provision of, the access to or the use of an ancillary online service is deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment, while de facto the ancillary online service can be provided across borders to other Member States, it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question, the parties should take into account all aspects of the ancillary online service such as the features of the service, the audience, including the audience in the Member State in which the broadcasting organisation has its principal establishment and in other Member States in which the ancillary online service is accessed and used, and the language version.deleted

Amendment 71 #

Proposal for a regulation
Recital 10

(10) Since the provision of, the access to or the use of an ancillary online service is deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment, while de facto the ancillary online service can be provided across borders to other Member StatWhere broadcasts by broadcasting organisations apply to online services, it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question, the parties should take into account all aspects of the ancillary online service such as the features of the service, the audience, including the audience in the Member State in which the broadcasting organisation has its principal establishment and in other Member States in which the ancillary online service is accessed and used, and the language version.

Amendment 72 #

Proposal for a regulation
Recital 10

(10) Since the provision of, the access to or the use of an ~~ancillary~~ online service is deemed to occur solely in the Member State in which the broadcasting organisation or the service provider has its principal establishment, while de facto the ancillary online service can be provided across borders to other Member States, it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question, the parties should take into account all aspects of the ancillary online service such as the nature and features of the service, the audience, including the audience in the Member State in which the broadcasting organisation or service providers has its principal establishment and in other Member States in which the ancillary online service is accessed and used, and the language version.

Amendment 73 #

Proposal for a regulation
Recital 10

Amendment 74 #

Proposal for a regulation
Recital 10

Amendment 75 #

Bogdan Brunon WENTA, Sabine VERHEYEN, Hannu TAKKULA, Marc TARABELLA, Santiago FISAS AYXELÀ

Proposal for a regulation
Recital 11

(11) This Regulation determines that certain online transmissions by broadcasting organisations are subject only to the national laws of the Member States of establishment of those organisations. However, these provisions affect neither the rights provided under Directive 2001/29/EC nor the rights acquisition on a contractual basis for such online transmissions. Therefore, through the principles of territoriality and contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, especially as far as certain technical means of transmission or certain language versions are concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union law.

Amendment 76 #

Helga TRÜPEL

Proposal for a regulation
Recital 11

(11) This regulation stipulates that certain online services provided by broadcasters are subject only to the law of the Member State in which the broadcaster is established. This provision is without prejudice to the rights enshrined in Directive 2001/29 /EC and the acquisition of rights under the principle of freedom of contract. Through the principle of contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, especially as far as certain technical means of transmission, such as geo-blocking and geo-filtering, or certain language versions are concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union law.

Amendment 77 #

Proposal for a regulation
Recital 11

(11) Through the principle of contractual freedom ~~it wi~~and in order to support existing licensing models, such as exclusive territorial licensing which enables the financing mechanisms which are vital to audiovisual production, optimal distribution and the promotion of cultural diversity it shall be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, especially as far as certain technical means of transmission, such as geo-blocking and geo-filtering, or certain language versions are concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union law.

Amendment 78 #

Proposal for a regulation
Recital 11

(11) Through the principle of contractual freedom it ~~will be~~remains possible to ~~continue~~ limit~~ing~~ the exploitation of the rights ~~affected by the principle of country of origin laid down in this Regulation~~, especially as far as certain technical means of transmission or certain language versions a~~re concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union law~~nd the necessarily territorial nature of certain contracts are concerned.

Amendment 79 #

Proposal for a regulation
Recital 11

(11) Through the principle of contractual freedom it ~~will be possible~~is necessary to continue limiting the exploitation of the rights ~~affected by the principle of country of origin laid down~~set out in this Regulation, especially as far as certain technical means of transmission or certain language versions are concerned~~, provided that any such limitations of the exploitation of those rights are in compliance with Union law~~.

Amendment 80 #

Jana TOOM, Dita CHARANZOVÁ, Kaja KALLAS, Marietje SCHAAKE

Proposal for a regulation
Recital 11

Amendment 81 #

Proposal for a regulation
Recital 11

(11) Through the principles of territoriality and contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, especially as far as certain technical means of transmission, such as geo-blocking, or certain language versions are concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union law.

Amendment 82 #

Bogdan Brunon WENTA, Sabine VERHEYEN, Bogdan Brunon WENTA, Marc TARABELLA, Santiago FISAS AYXELÀ

Proposal for a regulation
Recital 11

(11) Through the principle of contractual freedom it ~~will be~~is still possible to ~~continue~~ limit~~ing~~ the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, especially as far as certain technical means of transmission or certain language versions are concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union law and national law.

Amendment 83 #

Proposal for a regulation
Recital 11 a (new)

(11a) Direct injection technologies allow the programme-carrying signal of a broadcaster organisation to be transmitted exclusively to operators of retransmission services. The operators in turn package the signals and deliver them to their customers, frequently including other value added related services such as catch-up, local portability, streaming services. Delivering programming that is bundled and managed by broadcaster organisations accounts for a significant share of revenue for operators of cable retransmission services. Operators of retransmission services should continue to remunerate rights holders irrespective of the technology used.

Amendment 84 #

Proposal for a regulation
Recital 12

(12) Operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile and similar networks, provide services which are equivalent to those provided by operators of cable retransmissIn view of the principle of contractual freedom, and although the collective management model might be encouraged, it would be recommendable not to implement new legislation sper~~vices when they retransmit simultaneously, in an unaltered and unabridged manner,~~taining to rights clearance procedures for rseception by the public, an initial transmission from another Member State of television or radio programmes, where this initial transmission is by wire or over the air, including by satellite but excluding online transmisondary retransmissions of programmes by operators of packages of televisions, and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. Retransmission services which are offered on the open internet should be excluded from the scope of this Regulation as those services have different characteristics. They are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit IP-based networksradio channels by means of IPTV or other closed electronic communication networks. Moreover, no changes of a legal nature should be made at this stage in respect of retransmission services offered on the open internet.

Amendment 85 #

Proposal for a regulation
Recital 12

(12) Operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile and similar networks, as well as on the open internet, provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously, in an unaltered and unabridged manner, for reception by the public, an initial transmission from another Member State of television or radio programmes, where this initial transmission is by wire or over the air, including by satellite ~~but excluding online transmissions,~~ and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. Retransmission services which are offered on the open internet should only be excluded from the scope of this Regulation ~~as those services have different characteristics. They are not linked to any particular infrastructure and~~if their ability to ensure a controlled environment is significantly limited when compared for example to cable or closed circuit IP-based networks. Where a retransmission service offered on the open internet is provided to a closed group of subscribers or registered users the service should be regarded as being provided in a controlled environment.

Amendment 86 #

Sabine VERHEYEN

Proposal for a regulation
Recital 12

(12) Operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile and similar networks, as well as over an internet access service as defined in Regulation 2015/2010 of the European Parliament and the Council, provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously, in an unaltered and unabridged manner, for reception by the public, an initial transmission from another Member State of television or radio programmes, where this initial transmission is by wire or over the air, including by satellite ~~but excluding online transmissions~~, and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. Retransmission services which are offered on the open internet should be excluded from the scope of this Regulation ~~as those services have different characteristics. T~~if they are not linked to any particular infrastructure and their ability to ensure a controlled user group environment is significantly limited when compared for example to cable or closed circuit IP-based networks.

Amendment 87 #

Jana TOOM, Dita CHARANZOVÁ, Kaja KALLAS, Marietje SCHAAKE

Proposal for a regulation
Recital 12

Amendment 88 #

Proposal for a regulation
Recital 12

Amendment 89 #

Proposal for a regulation
Recital 12

(12) Operators of retransmission services offered on satellite, digital terrestrial, ~~closed circuit~~ IP-based, mobile and similar networks, provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously, in an unaltered and unabridged manner, for reception by the public, an initial transmission from another Member State of television or radio programmes, where this initial transmission is by wire or over the air, including by satellite but excluding online transmissions, and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. Retransmission services which are offered on the open internet should be excluded from the scope of this Regulation as those services have different characteristics. They are not linked to any particular infrastructure and their ability. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. In order to adapt to the development of digital technologies and to the changing user behaviour, this mechanism should include the retransmission, in an unaltered manner, via the internet by over the top (OTT) service providers. Retransmission services which are offered on the open internet should be excluded from the scope of this Regulation if they cannot to ensure a controlled environment, i~~s limit~~ncluding IP based, wh~~en compared for example to c~~ich is given if the user group is definable orby a closed ~~circuit IP-based networks~~user group.

Amendment 90 #

Proposal for a regulation
Recital 12

(12) Operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile and similar networks, provide services ~~which~~that are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously, in an unaltered and unabridged manner, for reception by the public, an initial transmission from another Member State of television or radio programmes, where this initial transmission is by wire or over the air, including by satellite but excluding online transmissions, and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. Retransmission services ~~which~~that are offered on the open internet should, however, be excluded from the scope of this Regulation as ~~those~~such services have different characteristics. They are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit IP-based networks.

Amendment 91 #

Proposal for a regulation
Recital 12

(12) Operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile and ~~similar networks~~via an internet access service provided in accordance with Regulation (EU) No 2015/2120 of the European Parliament and of the Council, provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously, in an unaltered and unabridged manner, for reception by the public, an initial transmission from another Member State of television or radio programmes, where this initial transmission is by wire or over the air, including by satellite ~~but excluding~~and online transmissions, and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. Retransmission services which are offered on the open internet should be excluded from the scope of this Regulation ~~as those services have different characteristics. They are not linked to any particular infrastructure and their ability to~~only if they cannot ensure a controlled environment ~~is limite~~and wthe~~n compared for example to cable or closed circuit IP-based network~~ir services do not have a definable number of users.

Amendment 92 #

Proposal for a regulation
Recital 12 a (new)

(12a) The provisions of this Regulation are without prejudice to any existing or future arrangements in the Member States concerning the management of rights such as mandatory or extended collective licensing, legal presumptions or representation or transfer, collective management or similar arrangements or a combination of them.

Amendment 93 #

Proposal for a regulation
Recital 13

(13) In order to provide legal certainty to operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile or similar networks, and to overcome disparities in national law regarding such retransmission services, rules similar to those that apply to cable retransmission as defined in Directive 93/83/EEC should apply. The rules established in that Directive include the obligation toemphasis should be placed on the principle of contractual freedom, which ensures genuine protection of right holders and content creators in general. It is also necessary to underscore the possibility of exerciseing the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation. This is without prejudice to Directive 2014/26/EU18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation. _________________ 18Directive 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 or otherwise.

Amendment 94 #

Proposal for a regulation
Recital 13

(13) In order to provide legal certainty to operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile or similar networks, as well as via the open internet as long as the number of users is definable, and to overcome disparities in national law regarding such retransmission services, rules similar to those that apply to cable retransmission as defined in Directive 93/83/EEC should apply. The rules established in that Directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation. This is without prejudice to Directive 2014/26/EU18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation. _________________ 18 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.

Amendment 95 #

Proposal for a regulation
Recital 13

(13) In order to provide legal certainty to operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile or similar networks, as well as on the open internet but in a controlled environment, and to overcome disparities in national law regarding such retransmission services, rules similar to those that apply to cable retransmission as defined in Directive 93/83/EEC should apply. The rules established in that Directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation. This is without prejudice to Directive 2014/26/EU18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation. _________________ 18 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.

Amendment 96 #

Sabine VERHEYEN

Proposal for a regulation
Recital 13

Amendment 97 #

Proposal for a regulation
Recital 13

Amendment 98 #

Proposal for a regulation
Recital 13 a (new)

(13a) In order to meet with consumer demands, the exercise of retransmission rights as defined in this Regulation and in Council Directive 93/83/EEC should also apply to the re-use of the broadcasting organisation’s on-demand services by operators of retransmission services as well as to functionalities, which are closely connected to the linear broadcast for which the retransmission rights are obtained. Time shifted services, which are only made available for a limited period of time after the retransmission, such as internet-based PVR (personal video recording) and restart-TV should be regarded as examples for such functionalities.

Amendment 99 #

Proposal for a regulation
Recital 14

(14) ~~Any~~The aforesaid principles also apply to rights held by broadcasting organisations themselves in respect of their broadcasts, including rights in the content of the programmes,. It should be ~~exempted from the mandatory collective management of rights applicable for retransmissions. O~~noted in this respect that operators of retransmission services and broadcasting organisations generally have ongoing commercial relations ~~and a~~. As a result, the identity of broadcasting organisations is known to operators of retransmission services and hence the clearance of rights with broadcasting organisations is comparatively simple. Thus, to obtain the necessary licences from broadcasting organisations, operators of retransmission services do not face the same burden as they face to obtain licences from holders of rights in works and other protected subject matter included in the retransmitted television and radio programmesrelatively simple. Therefore, there is no need for the simplification of the licensing process with regard to rights held by broadcasting organisations.

source: 599.845

2017/05/03 ITRE 138 amendments...

Amendment 100 #

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) (2) "retransmission" means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19 , intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite but excluding online transmission, of television or radio programmes intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1 and for which that party has acquired the relevant rights.

Amendment 101 #

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) "retransmission" means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC ~~and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19~~ , intended for reception by the public of an initial transmission from another Member State, in a closed environment, by wire or over the air, including that by satellite but excluding online transmission, of television or radio programmes intended for the reception by the public, provided that such retransmission is equivalent to those carried out by cable retransmission services operators and is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.

Amendment 102 #

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) "retransmission" means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC ~~and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19~~ , intended for reception by the public of an initial transmission from another Member State, in a closed environment, by wire or over the air, including that by satellite but excluding online transmission, of television or radio programmes intended for the reception by the public, provided that such retransmission has the same characteristics as the cable retransmission and is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.

Amendment 103 #

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) "retransmission" means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC and other than retransmission provided over a mobile network or an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19 , intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite but excluding online transmission, of television or radio programmes intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19 Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.

Amendment 104 #

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) "retransmission" means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19 , intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite ~~but excluding online transmission~~or online, of television or radio programmes intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19 Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.

Amendment 105 #

Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)

(b a) (3) "direct injection" means a two- or more step process whereby broadcasting organisations transmit the signals carrying their television or radio programmes intended for the reception by the public to service providers through a point-to-point communication -by wire or over the air, including by satellite – in such a way that the signals cannot be accessed by the general public during such transmission. Service providers offer these programmes to the public, simultaneously in an unaltered and unabridged manner, for viewing or listening by various techniques such as cable, microwave systems, satellite, digital terrestrial, IP-based, mobile or similar networks.

Amendment 106 #

Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)

(b a) "direct injection" means a two- step process whereby broadcasting organisations transmit the signals carrying their television or radio programmes intended for the reception by the public to service providers through a point-to-point communication – by wire or over the air, including by satellite – in a way that the signals cannot be accessed by the public during this transmission. Service providers offer to the public these unaltered and unbridged programmes simultaneously by various techniques such as cable or microwave system, satellite, digital terrestrial, closed circuit IP-based, mobile or similar networks.

Amendment 107 #

Proposal for a regulation
Article 1 – paragraph 1 – point b b (new)

(b b) "retransmission" means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite and online transmission, of television or radio programmes intended for the reception by the public.Such retransmission must be equivalent to retransmissions by operators of cable retransmission services and must be made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made.

Amendment 108 #

Proposal for a regulation
Article 2

Amendment 109 #

Proposal for a regulation
Article 2

Amendment 110 #

Proposal for a regulation
Article 2

Application of the principle of ‘country of (1)The acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment. (2)When fixing the amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1, the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service, the audience, and the language version.rticle 2 deleted origin’ to ancillary online services

Amendment 111 #

Dario TAMBURRANO, David BORRELLI, Isabella ADINOLFI

Proposal for a regulation
Article 2 – title

Application of the principle of ‘'country of origin’' to ~~ancillary~~ online services

Amendment 112 #

Proposal for a regulation
Article 2 – title

Application of the principle of ‘country of origin’ to ~~ancillary~~ online services

Amendment 113 #

Proposal for a regulation
Article 2 – paragraph 1

Amendment 114 #

Eva KAILI

Proposal for a regulation
Article 2 – paragraph 1

(1) The acts of communication to the public and of making available of news and current affaires programmes occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction of news and current affaires programmes which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment.

Amendment 115 #

Dario TAMBURRANO, David BORRELLI, Isabella ADINOLFI

Proposal for a regulation
Article 2 – paragraph 1

(1) The acts of communication to the public and of making available of news and current affairs programmes occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction of news and current affairs programmes which are necessary for the provision ~~of, the access to or the use~~ of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment.

Amendment 116 #

Proposal for a regulation
Article 2 – paragraph 1

(1) The acts of communication to the public and of making available occurring when providing an ~~ancillary~~ online service by or under the control and responsibility of a broadcasting organisation or a service provider as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ~~ancillary~~ online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation or the service provider has its principal establishment.

Amendment 117 #

Proposal for a regulation
Article 2 – paragraph 1

Amendment 118 #

Proposal for a regulation
Article 2 – paragraph 1 a (new)

(1a) Paragraph 1 shall not apply to online services which, taken as a whole, are primarily and mainly targeted at an audience outside the Member State in which the broadcasting organisation is established. Paragraph 1 shall not undermine the principle of territorial exploitation of rights or contractual freedom in copyright law, and shall be without prejudice to the rights set out in Directive 2001/29/EC.

Amendment 119 #

Proposal for a regulation
Article 2 – paragraph 1 a (new)

(1 a) Paragraph 1 shall only apply to news, cultural, political or entertainment programmes provided by the broadcasting organisations aforementioned , unless otherwise agreed by the parties.

Amendment 120 #

Proposal for a regulation
Article 2 – paragraph 1 a (new)

(1 a) Paragraph 1 does not affect the principles of territoriality and contractual freedom under copyright and is without prejudice to any right provided under Directive 2001/29/EC.

Amendment 121 #

Proposal for a regulation
Article 2 – paragraph 2

Amendment 122 #

Proposal for a regulation
Article 2 – paragraph 2

Amendment 123 #

Esther DE LANGE

Proposal for a regulation
Article 2 – paragraph 2

(2) When fixing the amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1, the parties shall take into account all aspects of the ancillary online service ~~such as~~. This should include the features of the ancillary online service, the audience~~, and the~~ in the Member State in which the broadcaster has its principal establishment, as well as the audience in other Member States in which the online service is being used, and the different language versions.

Amendment 124 #

Proposal for a regulation
Article 2 – paragraph 2

Amendment 125 #

Dario TAMBURRANO, David BORRELLI, Isabella ADINOLFI

Proposal for a regulation
Article 2 – paragraph 2

(2) When fixing the amount of the payment to be made for the r~~ights subject to the country of origin principle a~~elevant rights set out in paragraph 1, the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service, the audience, and the language version.

Amendment 126 #

Proposal for a regulation
Article 2 – paragraph 2

Amendment 127 #

Proposal for a regulation
Article 2 – paragraph 2 – point 1 (new)

(1) The application of the principle of territoriality may be subject to transitional derogations in order to guarantee the safeguarding of fundamental interests such as protection for linguistic minorities, cultural diversity and the continued existence of a local audiovisual industry.

Amendment 128 #

Proposal for a regulation
Article 2 – paragraph 2 a (new)

(2 a) By virtue of the principle of contractual freedom, the parties shall be entitled to continue agreeing on the introduction of limits on the exploitation of the rights referred to in paragraph 1, provided that any such limitations are in compliance with Union and the Member States law.

Amendment 129 #

Proposal for a regulation
Article 2 – paragraph 2 a (new)

(2 a) With respect to the exercise of any right under the previous paragraphs, exclusive jurisdiction on any dispute related thereto shall be with the relevant body or authority of the Member State in which the broadcasting organisation providing the online service is established.

Amendment 130 #

Proposal for a regulation
Article 2 – paragraph 2 a (new)

(2a) The competent jurisdiction for disputes with regard to the exercise of the rights resulting from this Article shall be that of the Member State in which the broadcasting organisation is established.

Amendment 131 #

Proposal for a regulation
Article 2 – paragraph 2 b (new)

(2 b) Paragraph 1 shall not apply to ancillary online services that are primarily and mainly targeted at an audience outside the Member State in which the broadcasting organisation has its principal establishment.

Amendment 132 #

Proposal for a regulation
Article 2 a (new)

Article 2a The retransmission of the initial transmission of a television or radio programme from one Member State to other Member States by means of an ancillary online service within the meaning of this Regulation shall take place in compliance with the applicable copyright, related rights and rights to other subject-matter and on the basis of individual or collective contractual agreements between copyright owners, holders of related rights, holders of rights to other subject-matter and operators of retransmission services.

Amendment 133 #

Proposal for a regulation
Article 3 – title

Exercise of the rights in retransmission and in re-use of broadcasting organisations' on- demand services by right holders other than broadcasting organisations

Amendment 134 #

Paul RÜBIG

Proposal for a regulation
Article 3 – paragraph 1

(1) Holders of copyright and related rights other than broadcasting organisations may exercise their rights to grant or refuse the authorisation for a retransmission ~~only through a collective management organisation~~and acts of reproduction, which are necessary for the provision of Art 1 point b only through a collective management organisation in a single agreement and tariff. Art 2 Par 2 shall apply correspondingly.

Amendment 135 #

Proposal for a regulation
Article 3 – paragraph 1 a (new)

(1 a) When an author has transferred his or her right to retransmission to a producer, he or she shall retain an unwaivable right to obtain an equitable remuneration for the retransmission of the work which may be exercised only through a collective management organisation representing authors, unless other collective management agreements guarantee such remuneration to audiovisual authors.

Amendment 136 #

Theresa GRIFFIN, Mary HONEYBALL

Proposal for a regulation
Article 3 – paragraph 1 a (new)

(1 a) When an author has transferred his right to retransmission to a producer, he shall retain an unwaivable right to obtain an equitable remuneration for the retransmission of the work which may be exercised only through a collective management organisation representing authors, unless other collective management agreements guarantee such remuneration to audiovisual authors.

Amendment 137 #

Proposal for a regulation
Article 3 – paragraph 1 a (new)

(1 a) Notwithstanding the transferral of a right to retransmission to a producer, an author shall retain an unwaivable right to obtain an equitable remuneration for the retransmission of their work. This may only be exercised through a collective management organisation that guarantees such remuneration to audiovisual authors.

Amendment 138 #

Dario TAMBURRANO, David BORRELLI, Isabella ADINOLFI

Proposal for a regulation
Article 3 – paragraph 4

(4) A right holder shall have the same rights and obligations resulting from the agreement between the operator of the retransmission service and the collective management organisation which is deemed to be mandated to manage his or her right as the right holders who have mandated that collective management organisation and shall be able to claim those rights within a period, to be fixed by the Member State concerned, which shall not be shorter than ~~thre~~five years from the date of the retransmission which includes his or her work or other protected subject matter.

Amendment 139 #

Dario TAMBURRANO, David BORRELLI, Isabella ADINOLFI

Proposal for a regulation
Article 3 – paragraph 5

Amendment 14 #

Proposal for a regulation
Recital 1

(1) In order to contribute to the functioning of the internal market and to promote cultural and linguistic diversity, social cohesion, and access to information, it is necessary to provide for wider dissemination of television and radio programmes originating in other Member States for the benefit of users across the Union by facilitating licensing of copyright and related rights in works and other protected subject-matter contained in broadcasts of such programmes. ~~Indeed, television and radio programmes are important means of promoting cultural and linguistic diversity, social cohesion and access to information.~~

Amendment 140 #

Proposal for a regulation
Article 3 – paragraph 5 a (new)

Amendment 141 #

Proposal for a regulation
Article 3 – paragraph 5 a (new)

(5 a) Collective management organisations shall maintain a database providing information related to the application of the copyright and related rights including the owner of a right, the type of use, the territory, and period of time applicable to the protected works.

Amendment 142 #

Proposal for a regulation
Article 3 – paragraph 5 a (new)

(5 a) The principles of the paragraphs 1 to 5 shall apply also to the integral re- use of the broadcasting organisation's on- demand services by a party other than the broadcasting organisation under whose control and responsibility such services were primarily made available.

Amendment 143 #

Proposal for a regulation
Article 3 – paragraph 5 a (new)

(5 a) (6) Paragraphs 1 to 5 shall apply to service providers who transmit to the public television and radio programmes of broadcasting organisations received through direct injection.

Amendment 144 #

Proposal for a regulation
Article 3 a (new)

Article 3 a Exercise of the rights in retransmission by rightholders other than broadcasting organisations in a direct injection context Article 3 applies to service providers who transmit to the public television and radio programmes of broadcasting organisations received through direct injection, without prejudice of the authorisation that broadcasting organisations have to get from rightholders for the act of communication to the public they perform jointly with service providers.

Amendment 145 #

Proposal for a regulation
Article 4 a (new)

Article 4 a Exploitation of broadcasting programmes through a direct injection process Broadcasting organisations that transmit their programme carrying signals through a direct injection process to distributors for reception by the public are jointly liable together with such distributors for the single and indivisible acts of communication to the public and making available to the public, as defined in Article 3 of Directive 2001/29/EC, which they carry out together. In such a situation, both the broadcasting organisation and the distributors involved in the process should obtain an authorisation from the relevant rights holders as concerns their respective participation and exploitation in such acts.

Amendment 146 #

Proposal for a regulation
Article 5

Amendment 147 #

Proposal for a regulation
Article 5

Amendment 148 #

Proposal for a regulation
Article 5 – paragraph 1

Amendment 149 #

Proposal for a regulation
Article 5 – paragraph 1

Agreements on the exercise of copyright and related rights relevant for the acts of communication to the public and the making available of news and current affairs programmes occurring in the course of provision of an ancillary online service as well as for the acts of reproduction of news and current affairs programmes which are necessary for the provision ~~of, the access to or the use~~ of an ancillary online service which are in force on [the date mentioned in Article 7(2), to be inserted by OPOCE ] shall be subject to Article 2 as from [the date mentioned in Article 7(2) + 2 years, to be inserted by OPOCE] if they expire after that date.

Amendment 15 #

Dario TAMBURRANO, David BORRELLI, Isabella ADINOLFI

Proposal for a regulation
Recital 1

~~(1)~~1. In order to contribute to the functioning of the internal market, it is necessary to provide for wider dissemination of television and radio programmes originating in other Member States for the benefit of users across the Union by facilitating licensing of copyright and related rights in works and other protected subject-matter contained in broadcasts of such programmes. Indeed, television and radio programmes are important means of promoting cultural and linguistic diversity, social cohesion and access to information, with which to support programmes for increasing knowledge of official EU languages.

Amendment 150 #

Proposal for a regulation
Article 5 – paragraph 1

Agreements on the exercise of copyright and related rights relevant for the acts of communication to the public and the making available occurring in the course of provision of an ~~ancillary~~ online service as well as for the acts of reproduction which are necessary for the provision of, the access to or the use of an ~~ancillary~~ online service which are in force on [the date mentioned in Article 7(2), to be inserted by OPOCE ] shall be subject to Article 2 as from [the date mentioned in Article 7(2) + 2 years, to be inserted by OPOCE] if they expire after that date.

Amendment 151 #

Barbara KAPPEL, Lorenzo FONTANA, Angelo CIOCCA

Proposal for a regulation
Article 7 – paragraph 2

(2) It shall apply from [612 months following the day of its publication, to be inserted by OPOCE].

Amendment 16 #

Proposal for a regulation
Recital 1

(1) In order to contribute to the functioning of the internal market, it is necessary to provide for wider dissemination of television and radio programmes originating in other Member States for the benefit of users across the Union by facilitating licensing of copyright and related rights in works and other protected subject-matter contained in broadcasts of such programmes. Indeed, television and radio programmes are important means of promoting cultural and linguistic ~~diversity~~education, social cohesion and access to information.

Amendment 17 #

Proposal for a regulation
Recital 1 a (new)

(1а) Encourages the creation of business links between media and radio services operators in the EU Member States, so that, at the request of a consumer resident in any given state, bundled services can be provided that include programmes from another Member State.

Amendment 18 #

Proposal for a regulation
Recital 2

(2) The development of digital technologies and internet has transformed the distribution of and access to television and radio programmes. Users increasingly expect to have access to television and radio programmes both live and on- demand, using traditional channels such as satellite or cable and also through online services. Broadcasting organisations are therefore increasingly offering, in addition to their own broadcasts of television and radio programmes, online services ~~ancillary to their broadcast~~, such as simulcasting and catch-up services. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open internet. The distribution of and access to television and radio programmes is therefore increasingly done on a multiplatform and technologically neutral basis. On the part of users, there is a growing demand for access to broadcasts of television and radio programmes on any platform in a borderless environment, therefore not only originating in their Member State but also in other Member States of the Union, including from members of linguistic minorities of the Union as well as from persons who live in another Member State than their Member State of origin..

Amendment 19 #

Dario TAMBURRANO, David BORRELLI, Isabella ADINOLFI

Proposal for a regulation
Recital 2

(2) The development of digital technologies and internet has transformed the distribution of and access to television and radio programmes. Users increasingly expect to have access to television and radio programmes both live and on- demand, using traditional channels such as satellite or cable and also through online services. Broadcasting organisations are therefore increasingly offering, in addition to their own broadcasts of television and radio programmes, online services ancillary to their broadcast, such as simulcasting and catch-up services. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open internet. On the part of users, there is a growing demand for access to broadcasts of television and radio programmes not only originating in their Member State but also in other Member States of the Union~~, including from members of linguistic minorities of the Union as well as from persons who live in another Member State than their Member State of origin~~.

Amendment 20 #

Proposal for a regulation
Recital 2

(2) The development of digital technologies and internet has transformed the distribution of and access to television and radio programmes. Users increasingly expect to have access to television and radio programmes and other services, both live and on- demand, using traditional channels such as satellite or cable and also through online services. Broadcasting organisations are therefore increasingly offering, in addition to their own broadcasts of television and radio programmes, online services ancillary to their broadcast, such as simulcasting and catch-up services. Furthermore, broadcasting organisations and service providers are also making TV- and radio- like programmes available through linear online-only transmissions (for example, webcasting services), a growing factor that is revolutionising the market. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open iInternet. On the part of users, there is a growing demand for access to broadcasts of television and radio programmes not only originating in their Member State but also in other Member States of the Union, including from members of linguistic minorities of the Union as well as from persons who live in a~~nother~~ Member State other than their Member State of origin.

Amendment 21 #

Proposal for a regulation
Recital 2

(2) The development of digital technologies and ~~internet ha~~of the online marketplace is transformeding the distribution of, and access to, television and radio programmes. Users increasingly expect to have access to television and radio programmes both live and on- demand, using traditional channels such as satellite or cable and also through online services. Broadcasting organisations are therefore increasingly offering, in addition to their own broadcasts of television and radio programmes, online services ancillary to their broadcast, such as simulcasting and catch-up services, in order to broaden their standard programming. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open internet. On the part of users, there is a growing demand for access to broadcasts of television and radio programmes not only originating in their Member State but also in other Member States of the Union, including from members of linguistic minorities of the Union as well as from persons who live in a~~nother~~ Member State other than their Member State of origin.

Amendment 22 #

Proposal for a regulation
Recital 2

(2) The development of digital technologies and internet has transformed the distribution of and access to television and radio programmes. Users increasingly expect to have access to television and radio programmes both live and on- demand, using traditional channels such as satellite or cable and also through online services. Broadcasting organisations are therefore increasingly offering, in addition to their own broadcasts of television and radio programmes, online services ancillary to their broadcast, such as simulcasting and catch-up services. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open internet. On the part of users, there is a growing demand for access to broadcasts of television and radio programmes not only originating in their Member State but also in other Member States of the Union, including from members of linguistic minorities of the Union as well as from persons who live in another Member State than their Member State of origin or travel there temporarily.

Amendment 23 #

Proposal for a regulation
Recital 2 a (new)

(2а) Audiovisual media service providers shall endeavour to ensure that their technical services are gradually made accessible to persons with visual or hearing disabilities.

Amendment 24 #

Proposal for a regulation
Recital 3

(3) A number of barriers hinder the provision of online services ~~which are ancillary to~~by broadcasters and the provision of retransmission services and thereby the free circulation of television and radio programmes within the Union. Broadcasting organisations transmit daily many hours of news, cultural, political, documentary or entertainment programmes. These programmes incorporate a variety of content such as audiovisual, musical, literary or graphic works, which is protected by copyright and/or related rights under Union law. That results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter. Often the rights need to be cleared in a short time-frame, in particular when preparing programmes such as news or current affairs. In order to make their online services available across borders, broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights' clearance. The clearance of rights insufficiently exists on a multiplatform and technology neutral basis and therefore limits the potential of innovation and value that can be created from technological developments. Administrative costs arising from the clearance of rights prevent broadcasters from investing in innovative models to distribute and promote content. In addition, public broadcasting organisations have a duty, either stipulated by law or statute, to promote local culture or improve access to information. Therefore, in order to effectively fulfil these duties and reach the population that has contributed fees or taxes to fulfill this public service, public broadcasters should be able to make available their content to the population of that Member State, independent from their place of residence or temporary location.

Amendment 25 #

Proposal for a regulation
Recital 3

Amendment 26 #

Proposal for a regulation
Recital 3

Amendment 27 #

Barbara KAPPEL, Lorenzo FONTANA, Angelo CIOCCA

Proposal for a regulation
Recital 3

Amendment 28 #

Proposal for a regulation
Recital 3

Amendment 29 #

Barbara KAPPEL, Lorenzo FONTANA, Angelo CIOCCA

Proposal for a regulation
Recital 4

(4) Operators of retransmission services, that normally offer multiple programmes which use a multitude of works and other protected subject matter included in the retransmitted television and radio programmes, have a very short time- frame for obtaining the necessary licences and hence also face a significant rights clearing burden. There is also a risk for right holders of having their works and other protected subject matter exploited without authorisation or payment of remuneration if the access to the service is not provided based on individual subscriptions, a definable user group or in exchange of a price . This risk can however be addressed through contractual agreements.

Amendment 30 #

Proposal for a regulation
Recital 4

Amendment 31 #

Esther DE LANGE

Proposal for a regulation
Recital 4

Amendment 32 #

Dario TAMBURRANO, David BORRELLI, Isabella ADINOLFI

Proposal for a regulation
Recital 4

Amendment 33 #

Proposal for a regulation
Recital 4

(4) Operators of retransmission services, that normally offer multiple programmes which use a multitude of works and other protected subject matter included in the retransmitted television and radio programmes, have ~~a very short time- frame for~~the possibility, in the context of contractual freedom, of obtaining ~~the~~ necessary licences and thence also face a significant rights clearing burden. There is also a risk for right holders of having their works and other protected subject matter exploited without authorisation or payment of remunerationreby guaranteeing right holders the necessary equitable remuneration they need so that they can continue to offer a wide variety of content, also in the consumer's interest.

Amendment 34 #

Proposal for a regulation
Recital 5

(5) The rights in works and other protected subject matter are harmonised, among others, through Directive 2001/29/EC of the European Parliament and of the Council15 and Directive 2006/115/EC of the European Parliament and of the Council.16, which serves in particular to ensure protection of right holders. _________________ 15 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. 16 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.

Amendment 35 #

Proposal for a regulation
Recital 6

(6) Council Directive 93/83/EEC17 facilitates cross-border satellite broadcasting and retransmission by cable of television and radio programmes from other Member States of the Union. However, the provisions of that Directive on transmissions of broadcasting organisations are limited to satellite transmissions and therefore do not apply to online services ~~ancillary to broadcast~~ while the provisions concerning retransmissions of television and radio programmes from other Member States are limited to simultaneous, unaltered and unabridged retransmission by cable or microwave systems and do not extend to such retransmissions by means of other technologies such as wire and wireless technologies. _________________ 17 Council 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 OJ L 248, 6.10.1993, p. 15– 21.

Amendment 36 #

Proposal for a regulation
Recital 7

Amendment 37 #

Proposal for a regulation
Recital 7

(7) Therefore, cross-border provision of online services ancillary to broadcast and retransmissions of television and radio programmes originating in other Member States should be facilitated by adapting the legal framework on the exercise of copyright and related rights relevant for those activities. Online cross-border access to European content will be further enhanced by including in the ancillary online services of broadcasting organisations also their on-line services that mainly consist of the provision to the public of works which are produced, co- produced or commissioned under their editorial responsibility, as most of these will be European works as defined by Directive 2010/13/EU.

Amendment 38 #

Proposal for a regulation
Recital 7

Amendment 39 #

Proposal for a regulation
Recital 7

(7) Therefore, cross-border provision of online services, which are ancillary to broadcast and retransmissions of television and radio programmes originating in other Member States, should be facilitated by adapting the specific legal framework on the exercise of copyright and related rights relevant for those particular activities.

Amendment 40 #

Proposal for a regulation
Recital 7

(7) Therefore, in order to facilitate cross-border provision of online services ancillary to broadcast and retransmissions of television and radio programmes originating in other Member States ~~should be facilitated by~~is necessary to adapt~~ing~~ the legal framework on the exercise of copyright and related rights relevant for those activities.

Amendment 41 #

Proposal for a regulation
Recital 8

(8) The ancillary online services covered by this Regulation are those services offered by broadcasting organisations which have a clear and subordinate relationship to the broadcast. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, within a defined time period after the broadcast, to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch-up services). In addition, ancillary online services include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme's content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, the provision of access to works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos, do not fall under the definition of ancillary online service.deleted

Amendment 42 #

Dario TAMBURRANO, David BORRELLI, Isabella ADINOLFI

Proposal for a regulation
Recital 8

(8) The ancillary online services covered by this Regulation are those services offered by broadcasting organisations which have a clear and subordinate relationship to the broadcast. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, within a defined time period after the broadcast, to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch- up services). In addition, ancillary online services include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme's content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, the provision of access to works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos, do not fall under the definition of ancillary online service.

Amendment 43 #

Proposal for a regulation
Recital 8

(8) The ~~ancillary~~ online services covered by this Regulation are those services offered by broadcasting organisations ~~which~~and service providers which could have a clear and subordinate relationship to the broadcast or consist of online-only TV- and radio-like services. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, within a defined time period after the broadcast, to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch- up services)~~. In addition, ancillary online services include~~ and services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme'’s content. ~~The provis~~In addition, o~~f access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, t~~nline services include: online-only linear transmission (for example, webcasting), not linked to the broadcast, transmitted by broadcasting organisations and/or service providers, services provided simultaneously with, or for a given period after, their transmission, services giving access to any material, produced by or for the broadcasting organisation or the service provider, ancillary to such transmission. The provision of access to individual works or other protected subject matter ~~independently of broadcast, such as services giv~~that have been incorporated ing a~~ccess to individual musical~~ television or raudio~~visual works, music albums or videos, do not fall under the definition of ancillary~~ programme should not be regarded as an online service.

Amendment 44 #

Proposal for a regulation
Recital 8

(8) The ~~ancillary~~ online services covered by this Regulation are those services offered by broadcasting organisations ~~which have a clear and subordinate relationship to the broadcast~~. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, ~~with~~in a ~~defined time period after the broadcast,~~non-linear manner to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch- up services). In addition, ~~ancillary~~ online services include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme's content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should ~~not~~ be regarded as an ~~ancillary~~ online service~~. Similarly, t~~ . The provision of access to works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos, do not fall under the definition of an~~cillary~~ online service for the purpose of this regulation..

Amendment 45 #

Proposal for a regulation
Recital 8

(8) The ~~ancillary~~ online services covered by this Regulation are exclusively those services offered by broadcasting organisations ~~which have a clear and subordinate relationship to the broadcast~~. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, ~~within a defined time period~~before, during or after the broadcast, to television and radio programmes which have been previously broadcast by the broadcasting organisation (~~so-called~~e.g. catch- up services or previews). In addition, ~~ancillary online services~~they include services which give access to material which enriches, makes more accessible or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme's content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, tAn online service may also consist of online content from a broadcasting organisation which chiefly provides access to works that have been produced, co-produced or commissioned under its own editorial responsibility and are only broadcast online. The provision of access to works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos, ~~do not fall under the definition of ancillary online service~~and webcasting will fall within the scope of this Regulation.

Amendment 46 #

Proposal for a regulation
Recital 8

(8) The ancillary online services covered by this Regulation are those services offered by broadcasting organisations which have a clear ~~and subordinate~~ relationship to the broadcast. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access~~, within a defined time period after the broadcast,~~ to television and radio programmes which have been previously broadcast or will be broadcast by the broadcasting organisation (so-called catch- up services and previews). In addition, ancillary online services include services which give access to material or programmes which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme's content~~. The provision of access to individual works or o~~, or any service by a broadcasting organisation that mainly consists of ther pro~~tected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, t~~vision to the public of works produced, co- produced or commissioned under the editorial responsibility of a broadcasting organisation. The provision of access to works or other protected subject matter independently ~~of broadcast~~and separately from the broadcasting organization's programming, such as services giving access to individual musical or audiovisual works, music albums or videos, do not fall under the definition of ancillary online service.

Amendment 47 #

Proposal for a regulation
Recital 9

Amendment 48 #

Dario TAMBURRANO, David BORRELLI, Isabella ADINOLFI

Proposal for a regulation
Recital 9

Amendment 49 #

Proposal for a regulation
Recital 9

(9) In order to facilitate the clearance of rights for the provision of ~~ancillary~~ online services across borders it is necessary to provide for the establishment of the country of origin principle as regards the exercise of copyright and related rights relevant for acts occurring in the course of the provision of, the access to or the use of an ~~ancillary~~ online service. That principle of country of origin should apply exclusively to the relationship between right holders (or entities representing right holders such as collective management organisations) and broadcasting organisations or service providers and solely for the purpose of the provision of, the access to or the use of an ~~ancillary~~ online service. The principle of country of origin should not apply to any subsequent communication to the public or reproduction of content which is protected by copyright or related rights and which is contained in the ~~ancillary~~ online service.

Amendment 50 #

Proposal for a regulation
Recital 10

(10) Since the provision of, the access to or the use of an ancillary online service is deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment, while de facto the ancillary online service can be provided across borders to other Member States, it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question, the parties should take into account all aspects of the ancillary online service such as the features of the service, the audience, including the audience in the Member State in which the broadcasting organisation has its principal establishment and in other Member States in which the ancillary online service is accessed and used, and the language version.deleted

Amendment 51 #

Dario TAMBURRANO, David BORRELLI, Isabella ADINOLFI

Proposal for a regulation
Recital 10

(10) Since the provision ~~of, the access to or the use~~ of an ancillary online service is deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment, while de facto the ancillary online service can be provided across borders to other Member States, it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question, the parties should take into account all aspects of the ancillary online service such as the features of the service, the audience, including the audience in the Member State in which the broadcasting organisation has its principal establishment and in other Member States in which the ancillary online service is accessed and used, and the language version. Online services which, taken as a whole, are primarily and mainly targeted at an audience outside the Member State in which the broadcasting organisation has its principal establishment are excluded from the scope of this Regulation.

Amendment 52 #

Proposal for a regulation
Recital 10

(10) Since the provision of, the access to or the use of an ~~ancillary~~ online service is deemed to occur solely in the Member State in which the broadcasting organisation or the service provider has its principal establishment, while de facto the ancillary online service can be provided across borders to other Member States, it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question, the parties should take into account all aspects of the ancillary online service such as the nature and features of the service, the audience, including the audience in the Member State in which the broadcasting organisation ~~has its~~or service providers have their principal establishment and in other Member States in which the ancillary online service is accessed and used, and the language version.

Amendment 53 #

Proposal for a regulation
Recital 11

(11) This Regulation determines that certain online transmissions by broadcasting organisations are subject only to the national laws of the Member States of establishment of those organisations. However, these provisions affect neither the rights provided under Directive 2001/29/EC1 nor the rights acquisition on a contractual basis for such online transmissions. Therefore, through the principles of territoriality and contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, especially as far as certain technical means of transmission such as geo-blocking or geo- filtering, or certain language versions are concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union law.

Amendment 54 #

Proposal for a regulation
Recital 11

(11) Th~~rough~~e possibilities enabled by this Regulation under no circumstance may they undermine the principles of ~~contractual freedom~~territoriality and contractual freedom. Through these principles it will be possible to continue limiting the exploitation of the rights affected by ~~the principle of country of origin laid down in~~ this Regulation, especially as far as certain technical means of transmission or certain language versions are concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union and Member States law.

Amendment 55 #

Proposal for a regulation
Recital 11

(11) Through the principle of contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, as the implementation of the Council Directive 93/83/EEC17 has proven, especially as far as certain technical means of transmission or certain language versions are concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union law.

Amendment 56 #

Proposal for a regulation
Recital 11

Amendment 57 #

Proposal for a regulation
Recital 12

(12) Operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile and similar networks, as well as certain other retransmissions, provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously, in an unaltered and unabridged manner, for reception by the public, an initial transmission from another Member State of television or radio programmes, where this initial transmission is by wire or over the air, including by satellite ~~but excluding~~and online transmissions, and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. Retransmission services which are offered on the open internet should be excluded from the scope of this Regulation asto the extent that those services have different characteristics~~. They are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or~~ and do not respect territorial restrictions. IP-based retransmission services, both offered on closed-circuit networks and on the open internet should be included in the scope of this Regulation as long as they are provided to a defined number of users (e.g. subscribers, registered users) and comparable to closed circuit ~~IP-based~~ networks.

Amendment 58 #

Paul RÜBIG

Proposal for a regulation
Recital 12

Amendment 59 #

Proposal for a regulation
Recital 12

(12) Operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile and similar networks, as well as certain other retransmissions, provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously, in an unaltered and unabridged manner, for reception by the public, an initial transmission from another Member State of television or radio programmes, where this initial transmission is by wire or over the air, including by satellite ~~but excluding~~and online transmissions, and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. Retransmission services which are offered on the open internet should be excluded from the scope of this Regulation as to the extent that those services have different characteristics~~. They are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit IP-based network~~ and do not respect territorial restrictions.

Amendment 60 #

Dario TAMBURRANO, David BORRELLI, Isabella ADINOLFI

Proposal for a regulation
Recital 12

(12) Operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile and similar networks and via an internet access service in accordance with Regulation (EU) No 2015/2120 of the European Parliament and of the Council, provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously, in an unaltered and unabridged manner, for reception by the public, an initial transmission from another Member State of television or radio programmes, where this initial transmission is by wire or over the air, including by satellite but excluding online transmissions, and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. Retransmission services which are offered on the open internet should only be excluded from the scope of this Regulation asif th~~ose services have different characteristics. They are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited~~ey cannot ensure a controlled environment and their services do not have a clearly definable user group when compared for example to cable or closed circuit IP-based networks.

Amendment 61 #

Proposal for a regulation
Recital 12

(12) Operators of retransmission services offered on satellite, digital terrestrial, closed -circuit IP-based, and mobile ~~and similar networks~~networks, and via an Internet access service provided in accordance with Regulation (EU) No 2015/2120 of the European Parliament and of the Council, provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously, in an unaltered and unabridged manner, for reception by the public, an initial transmission from another Member State of television or radio programmes, where this initial transmission is by wire or over the air, including by satellite ~~but excluding~~and online transmissions, and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. Retransmission services which are offered on the open internet should be excluded from the scope of this Regulation as those services have different characteristics. They are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit IP-based networkonly if they cannot ensure a controlled environment and their services do not have a definable number of users.

Amendment 62 #

Proposal for a regulation
Recital 12

Amendment 63 #

Proposal for a regulation
Recital 12

(12) Operators of retransmission services offered on satellite, digital terrestrial, or closed circuit IP-based~~, mobile and similar~~ networks, provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously, in an unaltered and unabridged manner, for reception by the public, an initial transmission from another Member State of television or radio programmes, where this initial transmission is by wire or over the air, including by satellite but excluding online transmissions, and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. Retransmission services which are offered on the open internet should be excluded from the scope of this Regulation as those services have different characteristics. They are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit IP-based networks.

Amendment 64 #

Dario TAMBURRANO, David BORRELLI, Isabella ADINOLFI

Proposal for a regulation
Recital 13

(13) In order to provide legal certainty to operators of retransmission services offered on satellite, digital terrestrial, or closed circuit IP-based~~, mobile or similar~~ networks, and to overcome disparities in national law regarding such retransmission services, rules similar to those that apply to cable retransmission as defined in Directive 93/83/EEC should apply. The rules established in that Directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation. This is without prejudice to Directive 2014/26/EU18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation. The right of prohibition as such is maintained, and only the way in which it is exercised is regulated to a certain extent. This also means that retransmission rights remain assignable. _________________ 18 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.

Amendment 65 #

Proposal for a regulation
Recital 13

(13) In order to provide legal certainty to operators of retransmission services offered on satellite, digital terrestrial, closed -circuit IP-based, mobile or similar networks, and the open Internet as long as the number of users is definable, and to overcome disparities in national law regarding such retransmission services, rules similar to those that apply to cable retransmission as defined in Directive 93/83/EEC should apply. The rules established in that Directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation. This is without prejudice to Directive 2014/26/EU18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation. _________________ 18 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.

Amendment 66 #

Proposal for a regulation
Recital 13

Amendment 67 #

Proposal for a regulation
Recital 13

Amendment 68 #

Proposal for a regulation
Recital 13 a (new)

(13 a) The technology neutral application of Directive 93/83/EEC should extend to the clarification of the application of the mandatory collective management rules to operators of retransmission services who pick up the broadcasters' signal through direct injection. In addition, it should be clarified that both broadcasters and operators of retransmission services have to obtain separate authorisations from rightholders for the act of communication to the public they perform jointly. Indeed, according to the Airfield CJEU judgment of 13 October 2011 (C-431/09 and C- 432/09), several different entities can jointly constitute the same act of communication to the public in an uninterrupted chain allowing the simultaneous, unaltered and unabridged transmissions and/or retransmissions of audiovisual programme-carrying signals, each entity being therefore responsible towards rightholders for its own intervention.

Amendment 69 #

Proposal for a regulation
Recital 14 a (new)

(14 a) In addition to the simultaneous retransmission of radio and television programmes from broadcasting organisations in other Member States, there is an increasing consumers' interest in obtaining access also to the on- demand services as offered by the broadcasting organisations, for example their catch-up services. Such re-use concerns a secondary act of communication to the public, as opposed to the primary act of making available by the broadcasting organisation itself. Therefore, in order for 3rd-party platform operators to be entitled to offer such access to their customers, the necessary rights need to be cleared with the broadcasting organisations and the underlying right-holders in the on- demand content concerned. Given the multitude of right-holders in such content and involving generally the same contracting parties as for licensing the simultaneous retransmission, the rights clearance should be facilitated in a similar way

Amendment 70 #

Theresa GRIFFIN, Mary HONEYBALL

Proposal for a regulation
Recital 14 a (new)

(14 a) The application of copyright and related rights is in some cases divided into numerous territorially defined national rights, with different right holders and exercised in some cases by a different entity. A database maintained by collective management organisations is therefore needed to facilitate the identification of rightholders and the ability of broadcasting organisations and retransmission operators to conclude licensing agreements.

Amendment 71 #

Proposal for a regulation
Recital 14 a (new)

(14 a) The exemption provided for in Article 4 for the rights exercised by broadcasting organisations should in no way impact or limit the rightsholder's ability to transfer their rights to a collective management organisation which will enable them to obtain the equitable remuneration for the retransmission of their work.

Amendment 72 #

Proposal for a regulation
Recital 14 a (new)

(14 a) The exemption provided for in Article 4 for the rights exercised by broadcasting organisations should not limit the choice of holders of rights to transfer their rights to a collective management organisation and thereby have a direct share in the remuneration paid by the operator of a retransmission service.

Amendment 73 #

Proposal for a regulation
Recital 14 a (new)

(14 a) The exemption provided for in Article 4 for the rights exercised by broadcasting organisations should not limit the choice of holders of rights to transfer their rights to a collective management organisation and thereby have a direct share in the remuneration paid by the operator of a retransmission service.

Amendment 74 #

Proposal for a regulation
Recital 15

Amendment 75 #

Proposal for a regulation
Recital 15

Amendment 76 #

Proposal for a regulation
Recital 15

Amendment 77 #

Proposal for a regulation
Recital 15 a (new)

(15 a) Broadcasters that transmit their programme carrying signals through a direct injection process to distributors for reception by the public shall be jointly liable with their distributors for the single and indivisible acts of communication to the public and making available to the public, as defined in Article 3 of Directive 2001/29/EC, which they carry out together. Such broadcasting organisations and distributors should therefore obtain an authorisation from the concerned rights holders as concerns their respective participation in such acts.

Amendment 78 #

Proposal for a regulation
Recital 16

(16) This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union. Whilst there may be an interference with the exercise of the rights of right holders insofar as mandatory collective management is required for the exercise of the right of communication to the public with regard to retransmission services, it is necessary to prescribe such a condition in a targeted manner for specific services and in order to allow more widespread cross- border dissemination of television and radio programmes by facilitating the clearance of these rights. Also, the provisions of this Regulation are without prejudice to any existing or future arrangements in the Member States concerning the management of rights such as extended collective licences, legal presumptions of representation or transfer, collective management or similar arrangements or a combination of them.

Amendment 79 #

Proposal for a regulation
Recital 16

Amendment 80 #

Dario TAMBURRANO, David BORRELLI, Isabella ADINOLFI

Proposal for a regulation
Recital 16

(16) This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union while also taking account of the rules laid down in Directive 2001/29/EC, which aims to ensure a high level of protection of the affected copyright, related rights and other subject-matter. Whilst there may be an interference with the exercise of the rights of right holders insofar as mandatory collective management is required for the exercise of the right of communication to the public with regard to retransmission services, it is necessary to prescribe such a condition in a targeted manner for specific services and in order to allow more widespread cross-border dissemination of television and radio programmes by facilitating the clearance of these rightsn the light of contractual freedom, such a condition should be voluntary . The possibility provided for the Member States to regulate the activities of collective management organisations does not impinge on the free contractual negotiation of rights provided for in this Regulation.

Amendment 81 #

Proposal for a regulation
Recital 16

Amendment 82 #

Dario TAMBURRANO, David BORRELLI, Isabella ADINOLFI

Proposal for a regulation
Recital 17

Amendment 83 #

Proposal for a regulation
Recital 18

(18) A review of the Regulation should be undertaken after the Regulation has been in force for a period of time, in order to assess, among others, and in the light of the entry into force of the Regulation of the European Parliament and of the Council on ensuring the cross-border portability of online content services in the internal market, to what extent the cross-border provision of ancillary online services has increased to the benefit of European consumers and hence also to the benefit of improved cultural diversity in the Union, paying special attention to its impact on investment in European content.

Amendment 84 #

Proposal for a regulation
Recital 19

(19) Since the objective of this Regulation, namely promoting the cross- border provision of ancillary online services of broadcasters and facilitating retransmissions of television and radio programmes originating in other Member States, cannot be sufficiently achieved by Member States and can therefore, by reason of the scale and effects, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve its objective. As concerns the cross-border provision of ancillary online services of broadcasters, this Regulation establishes enabling mechanisms to facilitate the clearance of copyright and related rights. This Regulation does not oblige broadcasting organisations to provide such services across borders. Neither does this Regulation oblige operators of retransmission services to include in their services television or radio programmes originating in other Member States. This Regulation concerns only the exercise of certain retransmission rights to the extent necessary to simplify the licensing of copyright and related rights for such services and only with regard to television and radio programmes originating in other Member States of the Union,

Amendment 85 #

Proposal for a regulation
Article 1 – paragraph 1

For the purpose of this Regulation, the following definitions shall apply: (a)"ancillary online service" means an online service consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of radio or television programmes simultaneously with or for a defined period of time after their broadcast by the broadcasting organisation as well as of any material produced by or for the broadcasting organisation which is ancillary to such broadcast; (b)"retransmission" means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council 19, intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite but excluding online transmission, of television or radio programmes intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.deleted

Amendment 86 #

Proposal for a regulation
Article 1 – paragraph 1 – point a

Amendment 87 #

Dario TAMBURRANO, David BORRELLI, Isabella ADINOLFI

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) (1) "ancillary online service of a broadcaster" means an online service produced by a broadcasting organisation consisting in the provision to the public, by or under the control and responsibility of ~~a broadcasting organisation, of radio or television programmes simultaneously with or for a defined period of time after their~~such an organisation of the following services: (a) "Catch-up service" means a service consisting in the provision to the public of radio or television programmes which have been previously broadcast by the broadcasting organisation, and during a short period of time; (b) "Simulcasting service" means a service consisting in the provision to the public of radio or television programmes in a linear manner simultaneously to the broadcast; (c) "Ancillary expanded audiovisual material services" means services which give access to material which enriches or expands television and radio programmes broadcast by ~~the~~a broadcasting organisation ~~as well as of any material produced by or for the broadcasting organisation which is ancillary to such~~, including by way of previewing, extending, supplementing or reviewing the relevant programme's content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme and the provision of access to works or other protected subject matter independently of broadcast, should not be regarded as an ancillary online service of a broadcast;er.

Amendment 88 #

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) ~~"ancillary~~ “online service"” means an online service consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of radio or television programmes simultaneously with or for a defined period of time after their broadcast by the broadcasting organisation as well as of any material produced by or for the broadcasting organisation which is ancillary to such broadcast; of:

Amendment 89 #

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) "ancillary online service" means an online service consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of radio or television programmes simultaneously with or befor ~~a defined period of time~~e or after their broadcast by the broadcasting organisation as well as of any material produced by or for the broadcasting organisation which is ancillary to such broadcast;, or such a online service by a broadcasting organisation that mainly consists of the provision to the public of works produced, co-produced or commissioned under the editorial responsibility of the broadcasting organisation.

Amendment 90 #

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) "ancillary online service" means an online service consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of radio or television programmes simultaneously with or ~~for a defined period of time after~~in relation with their broadcast by the broadcasting organisation as well as of any material produced by or for the broadcasting organisation which is ancillary to such broadcast and any service by the broadcasting organisation that mainly consists of the provision to the public of works produced, co-produced or commissioned under the editorial responsibility of the broadcasting organisation;

Amendment 91 #

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) ~~"ancillary~~ 'online service"' means an online service consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of radio or television programmes simultaneously with ~~or for a defined period of time~~, before, during or after their broadcast by the broadcasting organisation as well as of any material produced by or for the broadcasting organisation which is ancillary to such broadcast; or a broadcasting organisation’s online service which chiefly makes works produced, co- produced or commissioned under its own editorial responsibility available online. (Horizontal amendment. ‘Ancillary online service’ is to be replaced by ‘online service’ throughout the text).

Amendment 92 #

Dario TAMBURRANO, David BORRELLI, Isabella ADINOLFI

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) "~~ancillary~~ online service" means an online service consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of ~~radio or television programmes simultaneously with or for a defined period of time after their broadcast by the broadcasting organisation~~linear and non-linear radio or television programmes, as well as of any material produced by or for the broadcasting organisation ~~which is ancillary to such broadcast~~;

Amendment 93 #

Proposal for a regulation
Article 1 – paragraph 1 – point a – point i (new)

(i) radio or television programmes, by or under the control and responsibility of a broadcasting organisation, simultaneously with or for a defined period of time after their broadcast by the broadcasting organisation as well as any material produced by or for the broadcasting organisation which is ancillary to such broadcast; or

Amendment 94 #

Dario TAMBURRANO, David BORRELLI, Isabella ADINOLFI

Proposal for a regulation
Article 1 – paragraph 1 – point a – point ii (new)

(ii) linear transmission of radio- or television-like programmes, under the control and responsibility of a broadcasting organisation or a service provider and on the basis of a schedule, which are not linked to a broadcast but transmitted only online, and any other service provided simultaneously with, or for a defined period of time after, such transmission as well as services giving access to material, produced by or for the broadcasting organisation or the service provider, ancillary to such transmission;

Amendment 95 #

Proposal for a regulation
Article 1 – paragraph 1 – point a a (new)

(a a) "ancillary broadcaster online service" means an online service produced by the broadcaster consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of radio or television programmes simultaneously with or for a defined period of time after their broadcast by the broadcasting organisation as well as of any material produced by the broadcasting organisation which is ancillary to such broadcast;

Amendment 96 #

Dario TAMBURRANO, David BORRELLI, Isabella ADINOLFI

Proposal for a regulation
Article 1 – paragraph 1 – point b

Amendment 97 #

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) "“retransmission"” means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19 , intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite but excluding online transmission, intended for reception by the public of an initial transmission from another Member State, irrespective of the retransmission technology or network used, provided that the retransmission takes place in a controlled environment, of television or radio programmes intended for ~~the~~ reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.

Amendment 98 #

Paul RÜBIG

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) "retransmission" means any simultaneous~~, unaltered and unabridged retransmission, other than cable retransmission~~ or for as defined ~~in Direc~~period of tivme ~~93/83/EEC and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19~~ after the initial retransmission, unaltered and unabridged retransmission, intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite but excluding online transmission, of television or radio programmes intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rightRetransmission includes online-transmissions, when there is a defined group of recipients. This regulati~~ng to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1~~on should apply to online transmissions when it is bound to a certain infrastructure or can assure a controlled, clear defined circle of users.

Amendment 99 #

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) "retransmission" means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC ~~and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19~~ , intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite ~~but excluding~~and online transmission, of television or radio programmes intended for the reception by the public~~, provided that such retransmission is~~. Such retransmission is must be equivalent to retransmissions by operators of cable retransmission services and must be made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.

source: 604.610

2017/06/23 JURI 309 amendments...

Amendment 100 #

Isabella ADINOLFI, Laura FERRARA, David BORRELLI, Dario TAMBURRANO

Proposal for a regulation
Recital 10

(10) Since the provision of, the access to or the use of an ancillary online service is deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment, while de facto the ancillary online service can be provided across borders to other Member States, it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question, the parties should use objective criteria and take into account all aspects of the ancillary online service such as the features of the service, the actual audience, including the audience in the Member State in which the broadcasting organisation has its principal establishment and in other Member States in which the ancillary online service is accessed and used, and the language version.

Amendment 101 #

Proposal for a regulation
Recital 10

(10) Since the provision of, the access to or the use of an ~~ancillary~~ online service is deemed to occur solely in the Member State in which the broadcasting organisation or the service provider has its principal establishment, while de facto the ~~ancillary~~ online service can be provided across borders to other Member States, it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question, the parties should take into account all aspects of the ~~ancillary~~ online service such as the nature and features of the service, the audience, including the audience in the Member State in which the broadcasting organisation or service provider has its principal establishment and in other Member States in which the ~~ancillary~~ online service is accessed and used, and the language version.

Amendment 102 #

Proposal for a regulation
Recital 11

(11). Through the principle of contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, especially as far as certain technical means of transmission or certain language versions are concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union law. Hence, while maintaining the principle of territoriality and freedom of contract so vital to the long-term viability of Europe's audio-visual sector, this modernised regulatory framework will support an innovative audio-visual industry and provide an effective legislative basis with which to meet the present and future challenges of the digital single market.

Amendment 103 #

Proposal for a regulation
Recital 11

(11) Through the principle of contractual freedom ~~it will~~and in order to support existing licensing models, such us exclusive territorial licensing which enables the financing mechanism which are vital to audiovisual production, optimal distribution and the promotion of cultural diversity it should be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, especially as far as certain technical means of transmission, such as geoblocking an geo-filtering, or certain language versions are concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union law.

Amendment 104 #

Proposal for a regulation
Recital 11

(11) Th~~rough the principle of contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, espe~~e application of the country of origin principle should not hamper the contractual freedom of right-holders to licence and define the best way to exploit their copyright protected matters, in particular on a territorial basis, nor should it limit the possibility for broadcasters to restrict the exploitation of the rights affected by geo-blocking access to online anciall~~y a~~ary services faor ~~as certain technical means of transmission or certain language vers~~territories for which they received no licence, or for right-holders to require such restrictions ~~are~~by con~~cerned, provided that~~tract, insofar any such limitations of the exploitation of those rights are in compliance with Union law.

Amendment 105 #

Proposal for a regulation
Recital 11

(11) Through the principle of contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, especially as far as certain technical means of transmission or certain language versions are concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union law.

Amendment 106 #

Proposal for a regulation
Recital 11

(11) TIt is important to recall that, through the principle of contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, as the implementation of Directive 93/83/EEC has proven, especially as far as certain technical means of transmission or certain language versions and the nature and execution of certain contracts are concerned, provided that any such limitations of the exploitation of those rights are in compliance with national and Union law.

Amendment 107 #

Marie-Christine BOUTONNET, Dominique BILDE, Mylène TROSZCZYNSKI

Proposal for a regulation
Recital 11

(11) Through the principles of territorial exploitation of rights and contractual freedom it will beremain possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, as the implementation of Council Directive 93/83/EEC has proven, especially as far as certain technical means of transmission, such as geo-blocking and geo-filtering, or certain language versions are concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union law.

Amendment 108 #

Proposal for a regulation
Recital 11

Amendment 109 #

Isabella ADINOLFI, Laura FERRARA, David BORRELLI, Dario TAMBURRANO

Proposal for a regulation
Recital 11

Amendment 110 #

Proposal for a regulation
Recital 11

(11) Through the principle of contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, especially as far as certain technical means of transmission or certain language versions are concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union law, in particular competition provisions.

Amendment 111 #

Tiemo WÖLKEN, Josef WEIDENHOLZER, Evelyn REGNER, Evelyne GEBHARDT, Lidia Joanna GERINGER DE OEDENBERG, Victor NEGRESCU

Proposal for a regulation
Recital 11a (new)

(11 a) The underlying rationale of many international co-production agreements is that the rights in the co-production are exercised separately and independently by each co-producer, by dividing the exploitation rights between them along territorial lines. In exercising the rights of each co-producer, the rights of another co-producer have to be taken into account while respecting the financing share of the parties. In the situation where authorisation of communication to the public or making available of co-produced audiovisual works by one co-producer would seriously prejudice the value of the exploitation rights of another co- producer, agreements between the co- producers could foresee that the latter co- producer has to give his consent to the authorisation by the former co-producer. This is for example the case where the language version or versions of the making available, including where the version is dubbed or subtitled, coincide with the language or the languages widely understood in the territory allotted by the agreement to another co-producer. Therefore, agreements between the co- producers could request, to the extent compatible with Union law, the use of technical measures in order to prevent the party from interfering in other party's agreed territorial exploitation.

Amendment 112 #

Proposal for a regulation
Recital 11 a (new)

(11 a) While the principle of contractual freedom remains untouched by this regulation, an abuse of negotiating positions through the application of the "country of origin principle" should be prevented. Therefore Member States should ensure that either party may call upon the assistance of impartial mediators, whose task is to assist negotiations and who may submit proposals, in order to enable them reaching an agreement on terms acceptable to both parties.

Amendment 113 #

Marie-Christine BOUTONNET, Dominique BILDE, Mylène TROSZCZYNSKI

Proposal for a regulation
Recital 11a (new)

(11 a) In order to facilitate the negotiation of licencing schemes for the provision of online ancillary services by a broadcasting organisation, it should be foreseen that the law applicable for the purpose of exercising copyright to such contracts should be of the country where the broadcasting organisation has its principal establishment.

Amendment 114 #

Proposal for a regulation
Recital 12

Amendment 115 #

Julia REDA, Max ANDERSSON, Lidia Joanna GERINGER DE OEDENBERG

Proposal for a regulation
Recital 12

(12) Operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile and similar networks, provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously, in an unaltered and unabridged manner, for reception by the public, an initial transmission from another Member State of television or radio programmes, where this initial . They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. In order to adapt to the development of digital technologies and to the changing user behaviour, this mechanism should include the retransmission, is by wire or over the air, including by satellite but excluding online transmissions, and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from thn an unaltered manner, via the Internet (so called over- the-top (OTT) service providers). The retransmission does not have to be simultaneous, as this would run counter to the principle of technological neutrality, whereas some mtechanism introducing mandatory collective management of rights. Retransmission services which are offered on the open internet should be excluded from the scope of this Regulation as those services have different characteristics. They are not linked to any particular infrastructure and their ability to ensure a controlled envirnologies may require a certain delay in retransmission, and because catch-up TV services by cable retransmission providers should also be facilitated, in order to achieve a level playing-field. The inclusion of OTT is crucial for allowing, in line with consumer expectations, portability of such services within the Member State of residence, as well as beyond, through the mechanism established by Regulation 2017/... of the European Parliament and of the Council1a. _________________ 1aProposal for a Regulation of the European Parliament and of the Council onm en~~t is limited w~~suring then c~~ompared for example to cable or closed circuit IP-based networks.~~ ross-border portability of online content services in the internal market, COM(2015)0627.

Amendment 116 #

Proposal for a regulation
Recital 12

(12) Operators of retransmission services offered on satellite, digital terrestrial, ~~closed circuit~~ IP-based, mobile and similar networks, provide services ~~which are equivalent to those provided by operators of cable retransmission services~~ when they retransmit simultaneously, in an unaltered and unabridged manner, for reception by the public, an initial transmission from another Member State of television or radio programmes, where this initial transmission is by wire or over the air, including by satellite but excluding online transmissions, and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. Retransmission services which are offered on the open internet should be excluded from the scope of this Regulation as those services have different characteristics. They are not linked to any particular infrastructure and their ability. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. In order to adapt to the development of digital technologies and to the changing user behaviour, this mechanism should include the retransmission, in an unaltered manner, via the internet by over the top (OTT) service providers. Retransmission services which are offered on the open internet should be excluded from the scope of this Regulation if they can not to ensure a controlled environment, i~~s limit~~ncluding IP based, wh~~en compared for example to c~~ich is given if the user group is definable orby a closed ~~circuit IP-based networks~~user group.

Amendment 117 #

Isabella ADINOLFI, Laura FERRARA, David BORRELLI, Dario TAMBURRANO

Proposal for a regulation
Recital 12

(12) Operators of retransmission services offered on satellite, digital terrestrial, ~~closed circuit~~open and closed IP-based, mobile and similar networks, provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously, in an unaltered and unabridged manner, for reception by the public, an initial transmission from another Member State of television or radio programmes, where this initial transmission is by wire or over the air, including by satellite but excluding online transmissions, and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. Retransmission services which are offered on the open internet should only be excluded from the scope of this Regulation ~~as those services have different characteristics. They are not linked to any particular infrastructure and their ability to~~if they cannot ensure a controlled environment ~~is limited~~ when compared for example to cable or closed circuit IP-based networks.

Amendment 118 #

Proposal for a regulation
Recital 12

(12) Operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile and ~~similar networks~~via an open internet access service provided in accordance with Regulation (EU) No 2015/2120 of the European Parliament and of the Council, provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously, in an unaltered and unabridged manner, for reception by the public, an initial transmission from another Member State of television or radio programmes, where this initial transmission is by wire or over the air, including by satellite ~~but excluding~~and online transmissions, and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. Retransmission services which are offered on the open internet should be exincluded ~~from~~within the scope of this Regulation asif those services have different characteristics. They are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit IP-based networksey can ensure a controlled environment and therefore there is a definable number of users. Access to such environment could be granted in exchange of monetary or non monetary consideration.

Amendment 119 #

Proposal for a regulation
Recital 12

Amendment 120 #

Proposal for a regulation
Recital 12

Amendment 121 #

Proposal for a regulation
Recital 12

(12) Operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile and similar networks and via an internet access service in accordance with Regulation (EU) No 2015/2120 of the European Parliament and of the Council, provide services ~~which~~that are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously, in an unaltered and unabridged manner, for reception by the public, an initial transmission from another Member State of television or radio programmes, where this initial transmission is by wire or over the air, including by satellite ~~but excluding~~as well as online transmissions, and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. Retransmission services ~~which~~that are offered on the open internet should only be excluded from the scope of this Regulation ~~as those services have different characteristics. They are not linked to any particular infrastructure and their ability to~~if they cannot ensure a c~~ontroll~~losed environment ~~is limited~~ when compared for example to cable or closed circuit IP-based networks.

Amendment 122 #

Proposal for a regulation
Recital 12

Amendment 123 #

Proposal for a regulation
Recital 12

Amendment 124 #

Proposal for a regulation
Recital 12

Amendment 125 #

Proposal for a regulation
Recital 12

Amendment 126 #

Proposal for a regulation
Recital 12

(12) Operators of retransmission services offered on satellite, digital terrestrial, or closed circuit IP-based, ~~mobile and similar networks,~~ provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously, in an unaltered and unabridged manner, for reception by the public, an initial transmission from another Member State of television or radio programmes, where this initial transmission is by wire or over the air, including by satellite but excluding online transmissions, and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. Retransmission services which are offered on the open internet should be excluded from the scope of this Regulation as those services have different characteristics. They are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit IP-based networks.

Amendment 127 #

Marie-Christine BOUTONNET, Dominique BILDE, Mylène TROSZCZYNSKI

Proposal for a regulation
Recital 12

Amendment 128 #

Proposal for a regulation
Recital 13

(13) In order to provide legal certainty to operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile or similar networks, and to overcome disparities in national law regarding such retransmission services, rules similar to those that apply to cable retransmission as defined in Directive 93/83/EEC should apply. The rules established in that Directive include the obligation toemphasis should be placed on the principle of contractual freedom, which ensures genuine protection of right holders and content creators in general. It is also necessary to underscore the possibility of exerciseing the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation. This is without prejudice to Directive 2014/26/EU18and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation. _________________ 18 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 or otherwise.

Amendment 129 #

Proposal for a regulation
Recital 13

(13) In order to provide legal certainty to operators of retransmission services offered on satellite, digital terrestrial, ~~closed circuit~~ IP- based, mobile or similar networks, and to overcome disparities in national law regarding such retransmission services, rules similar to those that apply to cable retransmission as defined in Directive 93/83/EEC should apply. The rules established in that Directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation. This is without prejudice to Directive 2014/26/EU18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation. ~~_________________ 18 Directive 2014/26/EU of the European Parliament~~The right of prohibition as such is maintained, and ofnly 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. 72–98way in which it is exercised is regulated to a certain extent. This also implies that it is always possible to decide whether or not to grant the right of retransmission.

Amendment 130 #

Proposal for a regulation
Recital 13

(13) In order to provide legal certainty to operators of retransmission services offered on satellite, digital terrestrial, or closed circuit IP-based~~, mobile or similar~~ networks, and to overcome disparities in national law regarding such retransmission services, rules similar to those that apply to cable retransmission as defined in Directive 93/83/EEC should apply. The rules established in that Directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation. This is without prejudice to Directive 2014/26/EU18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation. ~~_________________ 18 Directive 2014/26/EU of the European Parliament~~The right of prohibition as such remains intact, and ofnly the ~~Council of 26 February 2014 on collective management of copy~~manner of exercising that right ~~and~~is regulated ~~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~~to some extent. This also means that retransmission rights can still be assigned.

Amendment 131 #

Isabella ADINOLFI, Laura FERRARA, David BORRELLI, Dario TAMBURRANO

Proposal for a regulation
Recital 13

Amendment 132 #

Proposal for a regulation
Recital 13

(13) In order to provide legal certainty to operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile or similar networks, as well as via the open internet as long as the number of users is definable, and to overcome disparities in national law regarding such retransmission services, rules similar to those that apply to cable retransmission as defined in Directive 93/83/EEC should apply. The rules established in that Directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation. This is without prejudice to Directive 2014/26/EU18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation. _________________ 18 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.

Amendment 133 #

Proposal for a regulation
Recital 13

(13) In order to provide legal certainty to operators of retransmission services offered on satellite, digital terrestrial, or closed circuit IP-based~~, mobile or similar networks, and to overcome disparities in national law regarding such retransmission service~~ networks, rules similar to those that apply to cable retransmission as defined in Directive 93/83/EEC should apply. THowever the rules established in th~~at Directive~~is Regulation shall include the o~~bliga~~ption to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation. ~~This is~~If so chosen, this would be without prejudice to Directive 2014/26/EU18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation. _________________ 18 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.

Amendment 134 #

Proposal for a regulation
Recital 13

(13) In order to provide legal certainty to operators of retransmission services offered on satellite, digital terrestrial, ~~closed circuit~~open and closed IP-based, mobile or similar networks, and to overcome disparities in national law regarding such retransmission services, rules similar to those that apply to cable retransmission as defined in Directive 93/83/EEC should apply. The rules established in that Directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation. This is without prejudice to Directive 2014/26/EU18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation. _________________ 18 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.

Amendment 135 #

Proposal for a regulation
Recital 13

(13) In order to provide legal certainty to operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile or similar networks, and to overcome disparities in national law regarding such retransmission services, rules similar to those that apply to cable retransmission as defined in Directive 93/83/EEC should apply. The rules established in that Directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation. This is without prejudice to Directive 2014/26/EU18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation. _________________ 18 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.

Amendment 136 #

Proposal for a regulation
Recital 13

(13) In order to provide legal certainty to operators of retransmission services offered on satellite, digital terrestrial, or closed circuit IP-based~~, mobile or similar~~ networks, and to overcome disparities in national law regarding such retransmission services, rules similar to those that apply to cable retransmission as defined in Directive 93/83/EEC should apply. The rules established in that Directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation. This is without prejudice to Directive 2014/26/EU18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation. _________________ 18 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.

Amendment 137 #

Proposal for a regulation
Recital 13

(13) In order to provide legal certainty to operators of retransmission services offered on satellite, digital terrestrial, or closed circuit IP-based~~, mobile or similar~~ networks, and to overcome disparities in national law regarding such retransmission services, rules similar to those that apply to cable retransmission as defined in Directive 93/83/EEC should apply. The rules established in that Directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation. This is without prejudice to Directive 2014/26/EU18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation. _________________ 18 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.

Amendment 138 #

Proposal for a regulation
Recital 13

Amendment 139 #

Proposal for a regulation
Recital 13

(13) In order to provide legal certainty to operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based~~, mobile or similar~~ networks, and to overcome disparities in national law regarding such retransmission services, rules similar to those that apply to cable retransmission as defined in Directive 93/83/EEC should apply. The rules established in that Directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation. This is without prejudice to Directive 2014/26/EU18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation. _________________ 18 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.

Amendment 140 #

Proposal for a regulation
Recital 13 a (new)

Amendment 141 #

Proposal for a regulation
Recital 13a (new)

(13 a) In order to meet with consumer demands, the exercise of retransmission rights as defined in this Regulation and in Council Directive 93/83/EEC should also apply to functionalities, which are closely connected to the linear broadcast for which the retransmission rights are obtained. Time shifted services, which are only made available for a certain period of time, as agreed by contract between the parties, during or after the retransmission, such as internet-based PVR (personal video recording) and restart-TV, should be regarded as such functionalities. A functionality which substitutes a broadcasting organisation's online services should not be considered as a functionality, which is closely connected to the linear broadcast for which the retransmission rights are obtained. The exercise of retransmission rights should therefore not apply to such a functionality offered by a retransmission operator.

Amendment 142 #

Marie-Christine BOUTONNET, Dominique BILDE, Mylène TROSZCZYNSKI

Proposal for a regulation
Recital 13b (new)

(13 b) Nevertheless, there is a growing demand for the re-use of online services offered by broadcasting organisations, in particular their catch-up services, on a cross-platform basis. The licensing system therefore needs to be facilitated in order to be able to respond to this user expectation. Extended collective licensing (ECL) has proved to be a flexible and effective mechanism to facilitate voluntary collective agreements where individual licensing would be cumbersome and inefficient. These agreements can be extended by law to non-represented right-holders, who have a possibility to opt out of such arrangements and exercise their rights differently.

Amendment 143 #

Proposal for a regulation
Recital 14

Amendment 144 #

Tiemo WÖLKEN, Josef WEIDENHOLZER, Evelyn REGNER, Evelyne GEBHARDT, Lidia Joanna GERINGER DE OEDENBERG, Victor NEGRESCU

Proposal for a regulation
Recital 14

(14) Any rights held by broadcasting organisations themselves in respect of their broadcasts, including rights in the content of the programmes, should be exempted from the mandatory collective management of rights applicable for retransmissions. Operators of retransmission services and broadcasting organisations generally have ongoing commercial relations and as a result the identity of broadcasting organisations is known to operators of retransmission services and hence the clearance of rights with broadcasting organisations is comparatively simple. Thus, to obtain the ~~necessary~~ licences from broadcasting organisations that are necessary for each means of retransmission and for each service or functionality, operators of retransmission services do not face the same burden as they face to obtain licences from holders of rights in works and other protected subject matter included in the retransmitted television and radio programmes. Therefore, there is no need for the simplification of the licensing process with regard to rights held by broadcasting organisations.

Amendment 145 #

Proposal for a regulation
Recital 14 a (new)

(14 a) To prevent the abuse of negotiating positions, Member States should ensure by means of civil or administrative law, that the parties enter and conduct negotiations regarding authorisation for retransmission in good faith and do not prevent or hinder negotiation without valid justification.

Amendment 146 #

Jean-Marie CAVADA, Bogdan Brunon WENTA, Marc JOULAUD

Proposal for a regulation
Recital 14 a (new)

(14a) Broadcasters that transmit their programme carrying signals through a direct injection process to distributors (in accordance with the Bern Convention, these are third parties in relation to the broadcaster) for reception by the public should be jointly liable with their distributors for the single and indivisible acts of communication to the public and making available to the public, as defined in Article 3 of Directive 2001/29/EC, which they carry out together. Such broadcasting organisations and such distributors should therefore obtain an authorisation from the right holders in question for their respective participation in such acts.

Amendment 147 #

Julia REDA, Max ANDERSSON, Lidia Joanna GERINGER DE OEDENBERG

Proposal for a regulation
Recital 14a (new)

(14 a) Broadcasting organisations that transmit their programme carrying signals through a direct injection process to distributors of TV packages for reception by the public and such distributors are jointly liable for the single and indivisible acts of communication to the public and making available to the public, as defined in Article 3 of Directive 2001/29/EC, which they carry out together. In such a situation, both the broadcasting organisations and the distributors involved in the process should obtain an authorisation from the relevant rights holders as concerns their respective participation and exploitation in such acts.

Amendment 148 #

Proposal for a regulation
Recital 14a (new)

(14 a) Distributors, such as cable or platform operators, that receive programme carrying signals through a direct injection process for reception by the public should be covered by the mandatory collective management provisions outlined in this Regulation, even if a communication to the public has not taken place prior to the transmission of the signal by the distributor. Distributors should therefore obtain an authorisation from the relevant rightholders as concerns their respective participation in such acts, subject to mandatory collective management. The notion of "direct injection" is a technical term for the specific situation in which cable or other platform operators receive the broadcast signal directly from the broadcaster's premises or via a privately- closed network, so that such broadcast signal is not transmitted for reception by the public before it is transmitted by the operator receiving the signal. In this situation, which typically occurs within a Member State, there is only one, single communication to the public of such a programme-carrying signal. This clarification is important in order to avoid further complexity in the interpretation of the notion of communication to the public, which would have consequences beyond the issue of retransmission.

Amendment 149 #

Julia REDA, Max ANDERSSON, Lidia Joanna GERINGER DE OEDENBERG

Proposal for a regulation
Recital 14 b (new)

(14 b) Pursuant to Article 101(1) and Article 101(3) of the Treaty on the Functioning of the European Union, Article 53(1) of the EEA Agreement and Commission Regulation (EU) No 330/20101a and having regard to the case law of the Court of Justice of the European Union, where a licence agreement is designed to prohibit or limit the cross-border provision of broadcasting services, it is deemed to have as its object the restriction of competition, unless other circumstances falling within its economic and legal context justify the finding that such an agreement is not liable to impair competition1b. Furthermore, agreements imposing on broadcasters or retransmission services obligations designed to prohibit or limit cross-border passive sales are liable to be incompatible with the common market objective, even when they involve the exploitation of an IP right1c. Passive sales should be understood as 'responding to unsolicited requests from individual customers including delivery of goods or services to such customers. General advertising or promotion that reaches customers in other distributors' (exclusive) territories or customer groups but which is a reasonable way to reach customers outside those territories or customer groups, for instance to reach customers in one's own territory, are passive sales'1d. This Regulation does not regulate the content of licencing agreements between rightholders and service providers beyond ensuring that contractual provisions that prohibit responding to passive sales are void. _________________ 1aCommission Regulation (EU) No 30/2010 of 20 April 2010 on the application of Article 101(3) of the Treaty on the Functioning of the European Union to categories of vertical agreements and concerted practices (OJ L 102, 23.4.2010, p. 1). 1bJudgment of the Court of Justice of 4 October 2011, Joined Cases C-403/08 and C-429/08, ECLI:EU:C:2011:631. 1cJudgment of the Court of Justice of 13 July 1966, Joined Cases 56 and 58/64, ECLI:EU:C:1966:41. 1dCommission Guidelines on Vertical Restraints (SEC(2010)411).

Amendment 150 #

Julia REDA, Max ANDERSSON, Lidia Joanna GERINGER DE OEDENBERG

Proposal for a regulation
Recital 14 c (new)

(14 c) In a number of Member States, rights clearance for the communication to the public or making available of television and radio programmes or related services, in a linear or non-linear form, is facilitated through extended collective licencing agreements. In order to take account of this situation and to improve legal certainty for all concerned parties in light of the judgment of the Court of Justice in Case C-301/15, this Regulation clarifies that such agreements are in line with Union law. The definition of information society services already exists in Directive 98/34/EC of the European Parliament and of the Council1a and in Directive 98/84/EC of the European Parliament and of the Council1b ; this definition covers any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service. The definition of linear and non-linear audiovisual media service should be in line with Directive 2010/13/EU. _________________ 1aDirective 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services (OJ L 204, 21.7.1998, p. 37). 1b Directive 98/84/EC of the European Parliament and of the Council of 20 November 1998 on the legal protection of services based on, or consisting of, conditional access (OJ L 320, 28.11.1998, p. 54).

Amendment 151 #

Julia REDA, Max ANDERSSON, Lidia Joanna GERINGER DE OEDENBERG

Proposal for a regulation
Recital 14d (new)

(14 d) In light of the case law of the Court of Justice of the European Union, it is also necessary to provide an additional exception to the rights of reproduction and communication to the public laid down in Article 2(a) and Article 3(1) of Directive 2001/29/EC, as established in Article 5(2) of that Directive, in order to provide legal certainty, and to allow service providers to make such programmes and services available on the basis of extended collective licencing.

Amendment 152 #

Julia REDA, Max ANDERSSON, Lidia Joanna GERINGER DE OEDENBERG

Proposal for a regulation
Recital 14e (new)

(14 e) The application of copyright and related rights is in some cases divided into numerous territorially defined national rights, with different rightholders and exercised in some cases by a different entity. A database maintained by collective management organisations is therefore needed to facilitate the identification of rightholders and the ability of broadcasting organisations and retransmission operators to conclude licensing agreements.

Amendment 153 #

Proposal for a regulation
Recital 14 a (new)

Amendment 154 #

Proposal for a regulation
Recital 14 b (new)

(14b) In addition to retransmission of radio and television programmes originating in other Member States, consumers also wish to have access to the catch-up television services provided by broadcasters. In order for these services to be taken up by providers of retransmission services other than the broadcasting organisation under whose control and responsibility the service was initially made available, it is necessary to acquire the requisite rights from the broadcasters in the case of rights that the latter hold themselves and from other right holders for underlying rights. In view of the large number of right holders and the fact that the contracting parties are generally the same as for the acquisition of the rights required for retransmission, the acquisition of the rights for catch-up services should be facilitated by means of the mandatory collective rights management scheme. That would enable retransmission service providers to extend the range of services they offer to consumers while enabling the right holders to be remunerated.

Amendment 155 #

Proposal for a regulation
Recital 14a (new)

(14 a) In order to address any legal uncertainty in relation to liability with regard to direct injections, Member States may opt to provide further evidence-based clarifications, if appropriate.

Amendment 156 #

Proposal for a regulation
Recital 14a (new)

(14 a) The exemption provided for in Article 4 for the rights exercised by broadcasting organisations should not limit the choice of holders of rights to transfer their rights to a collective management organisation and thereby have a direct share in the remuneration paid by the operator of a retransmission service.

Amendment 157 #

Proposal for a regulation
Recital 15

Amendment 158 #

Proposal for a regulation
Recital 15

Amendment 159 #

Marie-Christine BOUTONNET, Dominique BILDE, Mylène TROSZCZYNSKI

Proposal for a regulation
Recital 15

Amendment 160 #

Proposal for a regulation
Recital 15

Amendment 161 #

Isabella ADINOLFI, Laura FERRARA, David BORRELLI, Dario TAMBURRANO

Proposal for a regulation
Recital 15

(15) In order to prevent circumvention of the application of the country of origin principle through the extension of the duration of existing agreements concerning the exercise of copyright and related rights relevant for the provision ~~of an ancillary online service~~ as well as the access to or the use of an ~~ancillary~~ online service, it is necessary to apply the principle of country of origin also to existing agreements but with a limited transitional period.

Amendment 162 #

Proposal for a regulation
Recital 15

(15) In order to prevent circumvention of the application of the ~~country of origin principle~~principles set in article 2 and 2a through the extension of the duration of existing agreements concerning the exercise of copyright and related rights relevant for the provision of an ancillary online service as well as the access to or the use of an ancillary online service, it is necessary to apply these principle ~~of country of origin~~s also to existing agreements but with a transitional period.

Amendment 163 #

Proposal for a regulation
Recital 15

(15) In order to prevent circumvention of the application of the country of origin principle through the extension of the duration of existing agreements concerning the exercise of copyright and related rights relevant for the provision of an ~~ancillary~~ online service as well as the access to or the use of an ~~ancillary~~ online service, it is necessary to apply the principle of country of origin also to existing agreements but with a transitional period.

Amendment 164 #

Herbert DORFMANN, Csaba SÓGOR, Waldemar TOMASZEWSKI, Ramon TREMOSA i BALCELLS, Francisco de Paula GAMBUS MILLET, Iuliu WINKLER, Ernest URTASUN, Kinga GÁL, Josep-Maria TERRICABRAS, Ian HUDGHTON, Nils TORVALDS, László TŐKÉS, Izaskun BILBAO BARANDICA, Ádám KÓSA, Mady DELVAUX, Pavel SVOBODA

Proposal for a regulation
Recital 15

(15) In order to prevent circumvention of the application of the country of origin principle through the extension of the duration of existing agreements concerning the exercise of copyright and related rights relevant for the provision of an ~~ancillary~~ online service as well as the access to or the use of an ~~ancillary~~ online service, it is necessary to apply the principle of country of origin also to existing agreements but with a transitional period.

Amendment 165 #

Proposal for a regulation
Recital 15

(15) In order to prevent circumvention of the application of the country of origin principle through the extension of the duration of existing agreements concerning the exercise of copyright and related rights relevant for the provision of an ~~ancillary~~ online service as well as the access to or the use of an ~~ancillary~~ online service, it is necessary to apply the principle of country of origin also to existing agreements but with a transitional period.

Amendment 166 #

Proposal for a regulation
Recital 15a (new)

(15a) Broadcasters that transmit their programme carrying signals through a direct injection process to distributors for reception by the public should be jointly liable with their distributors for the single and indivisible acts of communication to the public and making available to the public, as defined in Article 3 of Directive 2001/29/EC, which they carry out together. Such broadcasting organisations and distributors should therefore obtain a separate authorisation from the right holders in question for their respective participation in such acts.

Amendment 167 #

Proposal for a regulation
Recital 15a (new)

(15a) Broadcasters that transmit their programme-carrying signals through a direct injection process to distributors for reception by the public shall be jointly liable with their distributors for acts of communication to the public and making available to the public, as defined in Article 3 of Directive 2001/29/EC, which they carry out together. Such broadcasting organisations and distributors should therefore obtain an authorisation from the right holders concerned as regards their participation in such acts.

Amendment 168 #

Proposal for a regulation
Recital 16

(16) This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union. Whilst there may be an interference with the exercise of the rights of right holders insofar as mandatory collective management is required for the exercise of the right of communication to the public with regard to retransmission services, it is necessary to prescribe such a condition in a targeted manner for specific services and in order to allow more widespread cross- border dissemination of television and radio programmes by facilitating the clearance of these rights. It is possible to decide whether or not to grant this right, in view of contractual freedom. The possibility provided for the Member States to regulate the activities of collective management organisations does not impinge on the free contractual negotiation of rights provided for in this Regulation.

Amendment 169 #

Proposal for a regulation
Recital 16

(16) This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union. W~~hilst there may be an interference with the exercise of the rights of right holders insofar as mandatory~~ithout prejudice to freedom of contract, collective management ~~is required~~may take place for the exercise of the right of communication to the public with regard to retransmission services, it is necessary to prescribe such a condition in a targeted manner for specific services and in order to allow more widespread cross-border dissemination of television and radio programmes by facilitating the clearance of these rights.

Amendment 170 #

Proposal for a regulation
Recital 16

(16) This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union. ~~Whilst there may be an interference with the exercise~~Hence, in light of the pri~~ghts of right holders insofar as mandatory~~nciple of contractual freedom, collective management ~~is required~~ for the exercise of the right of communication to the public with regard to retransmission services, it is necessary to prescribe such a condition in a targeted manner for specific services and in order to allow more widespread cross-border dissemination of television and radio programmes by facilitating the clearance of these rights is voluntary.

Amendment 171 #

Proposal for a regulation
Recital 16

(16) This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union. Whilst there may be an interference with the exercise of the rights of right holders insofar as mandatory collective management is required for the exercise of the right of communication to the public with regard to retransmission services, it is necessary to prescribe such a condition in a targeted manner for specific services and in order to allow more widespread cross- border dissemination of television and radio programmes by facilitating the clearance of these rights. By encouraging the cross-border broadcasting and reception of television and radio programmes originating in other Member States, this regulation will also have a positive effect on freedom of expression and of information, which are enshrined in Article 11 of the Charter.

Amendment 172 #

Marie-Christine BOUTONNET, Dominique BILDE, Mylène TROSZCZYNSKI

Proposal for a regulation
Recital 16

(16) This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union while also taking account of the rules laid down in Directive 2001/29/EC, which aims to ensure a high level of protection of the affected copyright, related rights and other subject-matter. Whilst there may be an interference with the exercise of the rights of right holders insofar as mandatory collective management is required for the exercise of the right of communication to the public with regard to retransmission services, it is necessary to prescribe such a condition in a targeted manner for specific services and in order to allow more widespread cross-border dissemination of television and radio programmes by facilitating the clearance of these rightsn the light of contractual freedom, such a condition should be voluntary. The possibility provided for the Member States to regulate the activities of collective management organisations does not impinge on the free contractual negotiation of rights provided for in this Regulation.

Amendment 173 #

Proposal for a regulation
Recital 16

(16) This Regulation respects fundamental rights ~~and observes the principles recognised in the Charter of Fundamental Rights of the European Union. Whilst there may be an interference with the exercise of the rights of right holders insofar as~~, particularly the principle of contractual freedom. Accordingly, mandatory collective management ~~is required~~ for the exercise of the right of communication to the public with regard to retransmission services, it is necessary to prescribe such a condition in a targeted manner for specific services and in order to allow more widespread cross-border dissemination of television and radio programmes by facilitating the clearance of these right should be ruled out, as it might additionally impact on the exercising of the rights of right holders.

Amendment 174 #

Isabella ADINOLFI, Laura FERRARA, David BORRELLI, Dario TAMBURRANO

Proposal for a regulation
Recital 16

(16) This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union. Whilst there may be an interference with the exercise of the rights of right holders insofar as mandatory collective management is required for the exercise of the right of communication to the public with regard to retransmission services, it is necessary to prescribe such a condition in a targeted manner for specific services and in order to allow more widespread cross- border dissemination of television and radio programmes as well as access to information and content, by facilitating the clearance of these rights.

Amendment 175 #

Marie-Christine BOUTONNET, Dominique BILDE, Mylène TROSZCZYNSKI

Proposal for a regulation
Recital 17

(17) In order to achieve the objective of promoting the cross-border provision of ancillary online services and of facilitating retransmissions of television and radio programmes originating in other Member States, it is appropriate to adopt a Regulation, which directly applies in Member States. A Regulation is necessary in order to guarantee a uniform application of the rules across Member States and their entering into force at the same time with regard to all the concerned transmissions and retransmissions. The direct applicability of a Regulation reduces legal fragmentation and provides greater uniformity by introducing a harmonised set of rules which promote the free circulation of television and radio programmes originating in other Member States.deleted

Amendment 176 #

Julia REDA, Max ANDERSSON, Lidia Joanna GERINGER DE OEDENBERG

Proposal for a regulation
Recital 17

(17) In order to achieve the objective of promoting the cross-border provision of ~~ancillary~~ online services and of facilitating retransmissions of television and radio ~~programmes~~content originating in other Member States, it is appropriate to adopt a Regulation, which directly applies in Member States. A Regulation is necessary in order to guarantee a uniform application of the rules across Member States and their entering into force at the same time with regard to all the concerned transmissions and retransmissions. The direct applicability of a Regulation reduces legal fragmentation and provides greater uniformity by introducing a harmonised set of rules which promote the free circulation of television and radio ~~programmes originating in other Member States~~content originating in other Member States. At the same time, the Regulation should not in any way limit or prohibit already existing mandatory collective management systems in Member States that go beyond what is required by this Regulation, particularly in domestic situations, because this would run counter to the Regulation's objective of facilitating retransmissions. Therefore, this regulation should be without prejudice to any existing mandatory or extended collective management solutions for retransmission existing in a Member State that go beyond what is required in this Regulation.

Amendment 177 #

Isabella ADINOLFI, Laura FERRARA, David BORRELLI, Dario TAMBURRANO

Proposal for a regulation
Recital 17

(17) In order to achieve the objective of promoting the cross-border provision of ~~ancillary~~ online services and of facilitating retransmissions of television and radio programmes originating in other Member States, it is appropriate to adopt a Regulation, which directly applies in Member States. A Regulation is necessary in order to guarantee a uniform application of the rules across Member States and their entering into force at the same time with regard to all the concerned transmissions and retransmissions. The direct applicability of a Regulation reduces legal fragmentation and provides greater uniformity by introducing a harmonised set of rules which promote the free circulation of television and radio programmes as well as of audio and audiovisual content exclusively disseminated online originating in other Member States.

Amendment 178 #

Proposal for a regulation
Recital 17

Amendment 179 #

Isabella ADINOLFI, Laura FERRARA, David BORRELLI, Dario TAMBURRANO

Proposal for a regulation
Recital 18

(18) A review of the Regulation should be undertaken after the Regulation has been in force for a period of time, in order to assess, among others, to what extent the cross-border provision of ~~ancillary~~ online services has increased to the benefit of European consumers and hence also to the benefit of improved cultural diversity in the Union. This review should be coordinated with provisions aimed at improving the cross- border accessibility of content on video- on-demand platforms that were included in Article 10 of Directive 2017/... of the European Parliament and of the Council1a , in the form of a dispute resolution mechanism. Should this mechanism not lead to a significant increase in the cross-border availability of content on video-on-demand platforms, the inclusion of these services in the scope of this Regulation should be considered. _________________ 1aProposal for a directive of the European Parliament and of the Council on copyright in the Digital Single Market, COM(2016)0593.

Amendment 180 #

Proposal for a regulation
Recital 18

Amendment 181 #

Marie-Christine BOUTONNET, Dominique BILDE, Mylène TROSZCZYNSKI

Proposal for a regulation
Recital 18

(18) A review of the Regulation should be undertaken after the Regulation has been in force for a period of time, in order to assess~~, among others, to what extent~~ the impact of the Regulation on Europe's creative industries, on the financing of European audio-visual works and on rightholders. However, the review should also take into account the extent to which the cross-border provision of ancillary online services has increased to the benefit of European consumers and hence also to the benefit of improved cultural diversity in the Union.

Amendment 182 #

Proposal for a regulation
Recital 18

Amendment 183 #

Isabella ADINOLFI, Laura FERRARA, David BORRELLI, Dario TAMBURRANO

Proposal for a regulation
Recital 18

(18) A review of the Regulation should be undertaken after the Regulation has been in force for a period of time, in order to assess, among others, to what extent the cross-border provision of ancillary online services, and its impact on investment in new content, has increased to the benefit of European consumers and hence also to the benefit of improved cultural diversity in the Union.

Amendment 184 #

Proposal for a regulation
Recital 18

Amendment 185 #

Proposal for a regulation
Recital 19

(19) Since the objective of this Regulation, namely promoting the cross- border provision of ancillary online services and facilitating retransmissions of television and radio programmes originating in other Member States, cannot be sufficiently achieved by Member States and can therefore, by reason of the scale and effects, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve its objective. As concerns the cross-border provision of ancillary online services, this Regulation establishes enabling mechanisms to facilitate the clearance of copyright and related rights. This Regulation does not oblige broadcasting organisations to provide such services across borders. Neither does this Regulation oblige operators of retransmission services to include in their services television or radio programmes originating in other Member States. This Regulation concerns ~~only~~ the exercise of certain retransmission rights to the extent necessary to simplify the licensing of copyright and related rights ~~for such services and only with regard to television and radio programmes originating in other~~with a view to providing such services in any Member State~~s of the Union,~~.

Amendment 186 #

Proposal for a regulation
Recital 19

(19) Since the objective of this Regulation, namely promoting the cross- border provision of ~~ancillary~~ online services and facilitating retransmissions of television and radio ~~programmes~~content originating in other Member States, cannot be sufficiently achieved by Member States and can therefore, by reason of the scale and effects, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve its objective. As concerns the cross-border provision of ~~ancillary~~ online services, this Regulation establishes enabling mechanisms to facilitate the clearance of copyright and related rights. This Regulation does not add obligeations for broadcasting organisations to provide such services across borders. Neither does this Regulation oblige operators of retransmission services to include in their services television or radio programmes originating in other Member States. This Regulation concerns only the exercise of certain retransmission rights to the extent necessary to simplify the licensing of copyright and related rights for such services ~~and only with regard to television and radio programmes originating in other Member States of the Union~~,

Amendment 187 #

Isabella ADINOLFI, Laura FERRARA, David BORRELLI, Dario TAMBURRANO

Proposal for a regulation
Recital 19

Amendment 188 #

Proposal for a regulation
Recital 19

Amendment 189 #

Proposal for a regulation
Recital 19 a(new)

(19a) The retransmission of programmes from other Member States is an act subject to copyright and, in some cases, related rights. Online services should therefore obtain the authorisation of every right holder for each part of the retransmitted programme. In accordance with this Regulation, authorisations should be granted contractually, unless a temporary exception is provided for under existing legal licence schemes.

Amendment 190 #

Julia REDA, Max ANDERSSON, Lidia Joanna GERINGER DE OEDENBERG

Proposal for a regulation
Recital 19 a(new)

(19 a) The retransmission of programmes from other Member States is an act subject to copyright and, as the case may be, rights related to copyright. The online- service must, therefore, obtain the authorisation from every holder of rights in each part of the programme retransmitted. Pursuant to this regulation, the authorisations should be granted contractually unless a temporary exception is provided for in the case of existing legal licence schemes.

Amendment 191 #

Proposal for a regulation
Article –1 (new)

Article -1 Subject Matter 1.This Regulation establishes legal mechanisms to facilitate the clearance of copyright and related rights relevant for the cross-border provision of online services and to facilitate digital retransmissions of television and radio content as well as broadcasting organisations' on-demand services originating in other Member States. 2.Those legal mechanisms include the establishment of the country of origin principle as regards the exercise of those rights. The legal mechanisms also include provisions on mandatory collective management of copyright and related rights relevant for retransmission, on legal presumptions of representation by collective management organisations, on the exercise of retransmission rights by broadcasting organisations and on the application of the mandatory collective management rules set out in this Regulation to direct injection.

Amendment 192 #

Proposal for a regulation
Article 1 – paragraph 1 – point a

Amendment 193 #

Proposal for a regulation
Article 1 – paragraph 1 – point a

Amendment 194 #

Proposal for a regulation
Article 1 – paragraph 1 – point a

Amendment 195 #

Proposal for a regulation
Article 1 – paragraph 1 – point a

Amendment 196 #

Isabella ADINOLFI, Laura FERRARA, David BORRELLI, Dario TAMBURRANO

Proposal for a regulation
Article 1 – paragraph 1 – point a

Amendment 197 #

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) "~~ancillary~~ online service" means an online service consisting in the provision to the public of: i) radio or television programmes, by or under the control and responsibility of a broadcasting organisation, ~~of radio or television programmes~~ simultaneously with or for a defined period of time after their broadcast by the broadcasting organisation as well as of any material produced by or for the broadcasting organisation which is ancillary to such broadcast; or ii) linear transmissions of radio or television-like programmes, under the control and responsibility of a broadcasting organisation or a service provider and on the basis of a schedule, which are not linked to a broadcast but transmitted only online, and any other service provided simultaneously with, or for a defined period of time after, such transmissions as well as services giving access to material, produced by or for the broadcasting organisation or the service provider, ancillary to such transmissions;

Amendment 198 #

Julia REDA, Max ANDERSSON, Lidia Joanna GERINGER DE OEDENBERG

Proposal for a regulation
Article 1 – paragraph 1 – point a

Amendment 199 #

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) "~~ancillary~~ online service" means an online service consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of radio or television programmes simultaneously with ~~or for a defined period of time~~their broadcast, during their broadcast, before and/or after their broadcast by the broadcasting organisation ~~as well as~~, of any material produced by or for the broadcasting organisation ~~which is ancillary to such broadcast;~~ supplementing the linear broadcast as well as of any content produced by or for the broadcasting organisation for the online dissemination only;

Amendment 200 #

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) "~~ancillary~~ online service" means an online service consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of radio or television programmes simultaneously with or for a defined period of time after their broadcast by the broadcasting organisation as well as of any material produced by or for the broadcasting organisation which is ancillary to such broadcast;of linear and non-linear radio or television programmes including programmes provided before, simultaneously with or for a defined period of time after their broadcast by the broadcasting organisation.

Amendment 201 #

Tiemo WÖLKEN, Josef WEIDENHOLZER, Evelyn REGNER, Evelyne GEBHARDT, Lidia Joanna GERINGER DE OEDENBERG, Sergio Gaetano COFFERATI, Victor NEGRESCU

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) "ancillary online broadcaster service" means an online service produced by the broadcaster, consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of radio or television programmes simultaneously with or for a defined period of time after their broadcast by the broadcasting organisation as well as of any material produced by or for the broadcasting organisation which is ancillary to such broadcast;

Amendment 202 #

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) "~~ancillary~~ online service" means a~~n online~~ service provided via the internet consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of linear and non-linear radio or television programmes before, simultaneously with ~~or for a defined period of time~~, during or after their broadcast by the broadcasting organisation, a~~s well as of any material~~nd of any content produced by or for the broadcasting organisation ~~which is ancillary to such~~including without any connection to the broadcast;

Amendment 203 #

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) "~~ancillary~~ online service" means an online service consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of linear and non-linear radio or television programmes before, simultaneously with or ~~for a defined period of time~~ after their broadcast by the broadcasting organisation as well as of any material produced by or for the broadcasting organisation ~~which is ancillary to such broadcast~~;

Amendment 204 #

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) "retransmission" means any ~~simultaneous, unaltered and unabridg~~unaltered retransmission, other than cable retransmission as defined in Directive 93/83/EEC ~~and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19~~ , intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite ~~but excluding online transmission~~, of television or radio programmes intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.

Amendment 205 #

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) "retransmission" means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19, intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite but excluding online transmission, of television or radio programmes intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1, by wire or over the air, regardless of the technology or retransmission network used, provided that the retransmission takes place in a closed environment, of the initial broadcast of television or radio programmes intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made.

Amendment 206 #

Isabella ADINOLFI, Laura FERRARA, David BORRELLI, Dario TAMBURRANO

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) "retransmission" means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC ~~and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19~~, intended for reception by the public of an initial transmission from another Member State, in a closed environment, by wire or over the air, including that by satellite ~~but excluding online transmission~~, of television or radio programmes intended for the reception by the public, provided that such retransmission is equivalent to those carried out by cable retransmission services operators and is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.

Amendment 207 #

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) "retransmission" means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19 , intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite but excluding online transmission, intended for reception by the public of an initial transmission from another Member State, irrespective of the retransmission technology or network used providing that the retransmission takes place in a controlled environment, of television or radio programmes intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19 European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) ~~No 531~~2015/2012 ~~on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.~~0 of the

Amendment 208 #

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) "retransmission" means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC ~~and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19~~ , intended for reception by the public of an initial transmission from another Member State, by wire or over the air, i~~ncluding that by satellite but excluding online transmission~~rrespective of the retransmission technology or network used providing that the retransmission takes place in a closed environment, of television or radio programmes intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19 Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.

Amendment 209 #

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) "retransmission" means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19 , intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite or by direct injection but excluding online transmission, of television or radio programmes ultimately intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19 Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.

Amendment 210 #

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) "retransmission" means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC and other than retransmission provided over a mobile network or an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19 , intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite but excluding online transmission, of television or radio programmes intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19 Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.

Amendment 211 #

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) "retransmission" means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC and other than ~~retransmission provided ove~~over a mobile network or an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19, intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite but excluding online transmission, of television or radio programmes intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19 Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.

Amendment 212 #

Jean-Marie CAVADA, Bogdan Brunon WENTA, Marc JOULAUD

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) "retransmission" means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC and other than retransmission provided over a mobile network or an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19, intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite but excluding online transmission, of television or radio programmes intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19 Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.

Amendment 213 #

Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)

(b a) "Direct injection" means a two- or more step process by which broadcasting organisations transmit their programme- carrying signals for reception by the public to distributors (organisations other than the broadcasting organisation - see the Berne Convention) point to point via a private line – by wire or over the air, including by satellite – in such a way that the programme-carrying signals cannot be received by the general public during such transmission; the distributors then offer these programmes to the public simultaneously, in an unaltered and unabridged form, for viewing or listening on cable networks, microwave systems, digital terrestrial, IP-based and mobile networks or similar networks.

Amendment 214 #

Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)

(b a) 'direct injection' means a two- or more step process by which broadcasting organisations transmit 'point to point' – by wire or over the air, including by satellite, and in such a way that the programme-carrying signals cannot be received by the general public during such transmission – their programme- carrying signals for reception by the public to distributors who then offer these programmes to the public, simultaneously in an unaltered and unabridged form, for viewing or listening on cable, microwave systems, satellite, digital terrestrial, IP- based or similar networks.

Amendment 215 #

Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)

(ba) "direct injection" means a process in two steps or more by which, firstly, broadcasting organisations transmit programme-carrying signals to their distributors point to point via a private line – by wire or over the air, including by satellite, and in such a way that the signals cannot be received the public during such transmission –and the distributors then transmit the signals to the public, simultaneously in an unaltered and unabridged form, for viewing or listening by a variety of techniques including cable, microwave systems, satellite, or digital terrestrial, IP-based, mobile, or similar networks.

Amendment 216 #

Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)

(ba) "direct injection" means a process in two steps or more whereby broadcasting organisations transmit the signals carrying their television or radio programmes intended for reception by the public to service providers via a point-to- point communication – by wire or over the air, including by satellite – in such a way that the signals cannot be accessed by the general public during such transmission.The service providers offer those programmes to the public, simultaneously in an unaltered and unabridged form, for viewing or listening by a variety of techniques including cable, microwave systems, satellite, digital terrestrial, or IP-based, mobile, or similar networks.

Amendment 217 #

Julia REDA, Max ANDERSSON, Lidia Joanna GERINGER DE OEDENBERG

Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)

Amendment 218 #

Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)

(b a) "direct injection" means a two- or more step process by which broadcasting organisations transmit their programme- carrying signals point to point via a private line, in such a way that the programme-carrying signals cannot be received by the general public during the transmission, to a distributor who then offers these programmes to the public in an unaltered and unabridged manner, for viewing or listening on cable, microwave systems, satellite, digital terrestrial, IP- based or similar networks.

Amendment 219 #

Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)

Amendment 220 #

Isabella ADINOLFI, Laura FERRARA, David BORRELLI, Dario TAMBURRANO

Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)

(b a) "closed environment" means any environment in which a retransmission operator only provides a retransmission service to a definable group of consumers;

Amendment 221 #

Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)

(b a) "controlled environment" means any environment in which a retransmission operator provides a retransmission service to a definable group of users;

Amendment 222 #

Proposal for a regulation
Article 1 – paragraph 1 – point b b (new)

(b b) 'Closed environment' means any environment in which a retransmission service provider provides only one retransmission service to consumers who, on a contractual basis, can access and use this service, and in which the retransmission service provider can guarantee full encryption of the television or radio programmes.

Amendment 223 #

Proposal for a regulation
Article 1 – paragraph 1 – point b b (new)

(b b) 'Catch-up service' means making radio or television programmes which have already been broadcast by the broadcasting organisation publicly available for a short period directly after their initial broadcast;

Amendment 224 #

Proposal for a regulation
Article 2

Amendment 225 #

Proposal for a regulation
Article 2

Application of the principle of ‘country of (1)The acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment. (2)When fixing the amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1, the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service, the audience, and the language version.rticle 2 deleted origin’ to ancillary online services

Amendment 226 #

Proposal for a regulation
Article 2

Application of the principle of ‘country of origin’ to ancillary online services (1) The acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment. (2) When fixing the amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1, the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service, the audience, and the language version.Article 2 deleted

Amendment 227 #

Proposal for a regulation
Article 2

Application of the principle of ‘country of origin’ to ancillary online services (1) The acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment. (2) When fixing the amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1, the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service, the audience, and the language version.rticle 2 deleted

Amendment 228 #

Proposal for a regulation
Article 2

Application of the principle of ‘country of (1)The acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment. (2)When fixing the amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1, the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service, the audience, and the language version.rticle 10 deleted origin’ to ancillary online services

Amendment 229 #

Proposal for a regulation
Article 2

Amendment 230 #

Proposal for a regulation
Article 2

Application of the principle of ‘country of (1)The acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment. (2)When fixing the amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1, the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service, the audience, and the language version.rticle 2 deleted origin’ to ancillary online services

Amendment 231 #

Proposal for a regulation
Article 2 – title

Application of the principle of ‘country of origin’ to ancillary online services provided by, or under the supervision and responsibility of, a broadcasting organisation

Amendment 232 #

Julia REDA, Max ANDERSSON, Lidia Joanna GERINGER DE OEDENBERG

Proposal for a regulation
Article 2 – title

Application of the principle of ‘country of origin’ to ancillary online services comprised solely of programmes dedicated to news or current affairs

Amendment 233 #

Proposal for a regulation
Article 2 – title

Application of the principle of ‘country of origin’ to ~~ancillary~~ online services by broadcasters

Amendment 234 #

Marie-Christine BOUTONNET, Dominique BILDE, Mylène TROSZCZYNSKI

Proposal for a regulation
Article 2 – title

Application of the principle of ‘country of ~~origi~~destination’ to ancillary online services

Amendment 235 #

Isabella ADINOLFI, Laura FERRARA, David BORRELLI, Dario TAMBURRANO

Proposal for a regulation
Article 2 – title

Application of the principle of ‘country of origin’ to ~~ancillary~~ online services

Amendment 236 #

Proposal for a regulation
Article 2 – title

Application of the principle of ‘country of origin’ to ~~ancillary~~ online services

Amendment 237 #

Proposal for a regulation
Article 2 – title

Application of the principle of ‘'country of origin’' to ~~ancillary~~ online services

Amendment 238 #

Proposal for a regulation
Article 2 – title

Application of the principle of ‘country of origin’ to ~~ancillary~~ online services

Amendment 239 #

Proposal for a regulation
Article 2 – paragraph 1

Amendment 24 #

Julia REDA, Max ANDERSSON, Lidia Joanna GERINGER DE OEDENBERG

Proposal for a regulation
Recital 1

~~(1)~~1. In order to contribute to the functioning of the internal market, it is necessary to provide for wider dissemination of television and radio programmes originating in other Member States for the benefit of users across the Union by facilitating licensing of copyright and related rights in works and other protected subject-matter contained in broadcasts of such programmes. This equates to adopting a common approach across the Union while maintaining a high level of protection for right holders. Indeed, television and radio programmes are important means of promoting cultural and linguistic diversity, social cohesion and access to information.

Amendment 240 #

Proposal for a regulation
Article 2 – paragraph 1

(1) The acts of communication to the public and of making available occurring when providing an ~~ancillary~~ online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ~~ancillary~~ online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment. Any disputes over the exercise of these rights shall fall under the jurisdiction of that Member State.

Amendment 241 #

Proposal for a regulation
Article 2 – paragraph 1

(1) The acts of communication to the public ~~and of making available~~ occurring when providing an ancillary online service, comprised solely of programmes dedicated to news or current affairs, by or under the control and responsibility of a broadcasting organisation ~~as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service~~ shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment.

Amendment 242 #

Proposal for a regulation
Article 2 – paragraph 1

(1) The acts of communication to the public and of making available of political, information or news broadcasts occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction of political, information or news broadcasts which are necessary for the provision ~~of, the access to or the use~~ of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment.

Amendment 243 #

Marie-Christine BOUTONNET, Dominique BILDE, Mylène TROSZCZYNSKI

Proposal for a regulation
Article 2 – paragraph 1

~~(1)~~1. The acts of communication to the public and of making available of news and current affairs programmes occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction of news and current affairs programmes which are necessary for the provision ~~of, the access to or the use~~ of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment.

Amendment 244 #

Proposal for a regulation
Article 2 – paragraph 1

(1) The acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur ~~solely~~ in the Member State or Member States in which the broadcasting organisation ~~has its principal establishment~~undertakes those acts of communication and reproduction.

Amendment 245 #

Isabella ADINOLFI, Laura FERRARA, David BORRELLI, Dario TAMBURRANO

Proposal for a regulation
Article 2 – paragraph 1

(1) The acts of communication to the public and of making available occurring when providing an ~~ancillary~~ online service by or under the control and responsibility of a broadcasting organisation or a service provider as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ~~ancillary~~ online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation or the service provider has its principal establishment.

Amendment 246 #

Amendment 247 #

Proposal for a regulation
Article 2 – paragraph 1

Amendment 248 #

Proposal for a regulation
Article 2 – paragraph 1 a (new)

(1 a) Paragraph 1 shall not undermine the contractual freedom in copyright law and shall be without prejudice to the rights set out in Directive 2001/29/EC.Rights holders and rights users may therefore agree to limit the geographical scope of rights affected by the principle of country of origin, provided that they respect the relevant rules.

Amendment 249 #

Isabella ADINOLFI, Laura FERRARA, David BORRELLI, Dario TAMBURRANO

Proposal for a regulation
Article 2 – paragraph 1 a (new)

(1 a) Paragraph 1 does not apply to online services which, taken as a whole, are directed mainly or solely at an audience in a Member State which is not the country in which the broadcasting organisation is based.

Amendment 25 #

Proposal for a regulation
Recital 1

(1) In order to contribute to the functioning of the internal market, to move towards a fully-fledged digital single market, to promote cultural and linguistic diversity, social cohesion and to increase access to information and content, it is necessary to provide for wider dissemination of television and radio programmes originating in other Member States, for the benefit of users and businesses across the Union by facilitating licensing of copyright and related rights in works and other protected subject-matter contained in broadcasts of such programmes. ~~Indeed, television and radio programmes are important means of promoting cultural and linguistic diversity, social cohesion and access to information.~~

Amendment 250 #

Proposal for a regulation
Article 2 – paragraph 1 b (new)

(1 b) Paragraph 1 applies only to the relaying and making available to the public of: - (i) works produced by a broadcasting organisation and which are not directly covered by a third-party license; - (ii) news and current affairs programmes

Amendment 251 #

Proposal for a regulation
Article 2 – paragraph 1 b (new)

(1 b) Paragraph 1 shall not undermine the possibility of co-producers to exercise the rights separately and independently from each other.

Amendment 252 #

Proposal for a regulation
Article 2 – paragraph 1 c (new)

(1c) Paragraphs 1 and 1 (b) above do not affect contractual freedom in the context of copyright law and are without prejudice to the rights enshrined in Directive 2001/29/EC.Accordingly, copyright holders and rights users may agree, in particular, to limit the geographical area of rights affected by the country of origin principle, or may agree on a pan-European license for rights which are not affected by that principle.

Amendment 253 #

Proposal for a regulation
Article 2 – paragraph 1 d (new)

(1d) Paragraph 1 shall not apply to an ancillary online service that is mainly targeted at a Member State other than the Member State in which the broadcasting organisation has its principal establishment.

Amendment 254 #

Evelyn REGNER, Josef WEIDENHOLZER

Proposal for a regulation
Article 2 – paragraph 2

Amendment 255 #

Proposal for a regulation
Article 2 – paragraph 2

(2) ~~When fixing the amount of the payment to be made f~~For the rights subject to the country of origin principle as set out in paragraph 1, ~~the parties shall take into account~~appropriate remuneration shall be fixed by the parties to ensure cultural diversity. When calculating the amount of that appropriate remuneration all aspects of the ~~ancillary~~ online service s~~uch as the features of the ancillary online service, the audience, and the language version~~hall be taken into account in particular its features, the size of the audience having regard to the relevant language version and the duration of online availability.

Amendment 256 #

Julia REDA, Max ANDERSSON, Lidia Joanna GERINGER DE OEDENBERG

Proposal for a regulation
Article 2 – paragraph 2

(2) When fixing the amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1, the parties shall take into account all aspects of the ~~ancillary~~ online service such as the features of the ~~ancillary~~ online service, the audience, and thall available language versions. Member States shall not impose any unwaivable remuneration for the rights subject to the country of origin principle set out in paragraph 1.

Amendment 257 #

Marie-Christine BOUTONNET, Dominique BILDE, Mylène TROSZCZYNSKI

Proposal for a regulation
Article 2 – paragraph 2

(2) When fixing the amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1, the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service, the country of destination, the real and potential audience, and the language version.

Amendment 258 #

Proposal for a regulation
Article 2 – paragraph 2

Amendment 259 #

Proposal for a regulation
Article 2 – paragraph 2

~~(2)~~2. When fixing the amount of the payment to be made for the r~~ights subject to the country of origin principle a~~elevant rights set out in paragraph 1, the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service, the audience, and the language version.

Amendment 26 #

Isabella ADINOLFI, Laura FERRARA, David BORRELLI, Dario TAMBURRANO

Proposal for a regulation
Recital 2

(2) The development of digital technologies and internet has transformed the distribution of and access to television and radio programmes. Users increasingly expect to have access to television and radio programmes both live and on- demand, using traditional channels such as satellite or cable and also through online services. Broadcasting organisations are therefore increasingly offering, in addition to their own broadcasts of television and radio programmes, online services ~~ancillary to their broadcas~~that are complementary to their traditional linear output, such as simulcasting, webcasting and catch-up services. Furthermore, broadcasting organisations are also making television- and radio-like programmes available only online or online first, which represent a growing reality due to changing market realities and consumer demands. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open internet. The distribution of and access to television and radio programmes is therefore increasingly done on a multi- platform and technology-neutral basis. On the part of users, there is a growing demand for access to broadcasts of television and radio programmes on any platform in a borderless environment, therefore not only originating in their Member State but also in other Member States of the Union, including from members of linguistic minorities of the Union as well as from persons who live in another Member State than their Member State of origin.

Amendment 260 #

Proposal for a regulation
Article 2 – paragraph 2

Amendment 261 #

Amendment 262 #

Julia REDA, Max ANDERSSON, Lidia Joanna GERINGER DE OEDENBERG

Proposal for a regulation
Article 2 – paragraph 2 a (new)

(2 a) The principle of contractual freedom safeguards the ability to limit the exploitation of the rights affected by the principle of country of origin laid down in paragraph 1, including by agreeing absolute territorial exclusivity.In the event that decisions in relation to Union law prevent contractual clauses which grant and/or enforce absolute territorial exclusivity, the provision in paragraph 1 shall cease to exist.

Amendment 263 #

Proposal for a regulation
Article 2 – paragraph 2 a (new)

(2 a) Member States may decide to exclude an online service from the application of paragraph 1 only in the case that the broadcasting organisation responsible for the online service establishes itself in one Member State while targeting exclusively an audience in another Member State market for the sole purpose of circumventing national copyright rules.

Amendment 264 #

Proposal for a regulation
Article 2 – paragraph 2 a (new)

2a. By virtue of the principle of contractual freedom, the parties shall be entitled to continue entering into arrangements limiting the exploitation of the rights referred to in paragraph 1, provided that any such limitations are in compliance with Union law and the laws of Member States.

Amendment 265 #

Proposal for a regulation
Article 2 – paragraph 2 b (new)

2b. The retransmission of the initial transmission of a television or radio programme from one Member State to other Member States by means of an ancillary online service as defined in this Regulation shall take place in compliance with the applicable copyright, related rights, and rights to other subject matter and on the basis of individual or collective contractual agreements between copyright owners, holders of related rights, holders of rights to other subject matter, and retransmission service operators.

Amendment 266 #

Tiemo WÖLKEN, Josef WEIDENHOLZER, Evelyn REGNER, Evelyne GEBHARDT, Lidia Joanna GERINGER DE OEDENBERG, Sergio Gaetano COFFERATI, Victor NEGRESCU

Proposal for a regulation
Article 2 – paragraph 2 a (new)

(2 a) Paragraph 2 shall not apply to broadcasters of radio programmes.Instead, for broadcasters of radio programmes, the amount of the payment to be made for the rights subject to the country of origin principle as set in paragraph 1 shall be based on a percentage of the radios' revenues.

Amendment 267 #

Jiří MAŠTÁLKA

Proposal for a regulation
Article 2 – paragraph 2 b (new)

(2 b) Paragraph 1 does not affect the principles of territoriality and contractual freedom under copyright and is without prejudice to any right provided under Directive 2001/29/EC.

Amendment 268 #

Proposal for a regulation
Article 2 a (new)

Article 2 a Mediation 1.Where an agreement is being negotiated between a broadcasting organisation and a producer of audiovisual works regarding the clearance of rights for the provision of such works on an online service provided in accordance with Article 2, Member States shall ensure that either party may call upon the assistance of one or more mediators in order to enable reaching an agreement on terms acceptable to both parties. 2.Member States shall also ensure that the mechanism set out in paragraph 1 can apply in the context of the implementation of an agreement concluded between a broadcasting organisation and a producer of audiovisual works, in particular where the parties enter into a dispute or fail to reach an agreement in relation to the amount of the payment to be made to the producer or in relation to the online exploitation of the works. 3.The task of the mediators shall be to provide assistance with negotiation.They may also submit proposals to the parties. 4.The mediators shall be so selected that their independence and impartiality are beyond reasonable doubt.

Amendment 269 #

Constance LE GRIP, Jean-Marie CAVADA

Proposal for a regulation
Article 2 a (new)

Article 2 a Applicable law to ancillary online services The acts of communication to the public occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation shall, for the purposes of exercising copyright and related rights relevant for these acts, be subject to the applicable law in the Member State in which the broadcasting organisation has its principal establishment.

Amendment 27 #

Isabella ADINOLFI, Laura FERRARA, David BORRELLI, Dario TAMBURRANO

Proposal for a regulation
Recital 2

(2) The development of digital technologies and internet has transformed the production, the distribution of and access to television and radio programmes, changing tremendously the market and contributing to stimulate competition with established players and ultimately fostering creativity. Users increasingly expect to have access to television and radio programmes, as well as other services, both live and on- demand, using traditional channels such as satellite or cable and also through online services. Broadcasting organisations are therefore increasingly offering, in addition to their own broadcasts of television and radio programmes, online services ancillary to their broadcast, such as simulcasting and catch-up services. Furthermore, broadcasting organisations and service providers are also making TV and radio- like programmes available through linear online-only transmissions (for example, webcasting services), which represent a growing reality in the market, offering a new user experience. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open internet. On the part of users, there is a growing demand for access to broadcasts of television and radio programmes not only originating in their Member State but also in other Member States of the Union, including from members of linguistic minorities of the Union as well as from persons who live in another Member State than their Member State of origin.

Amendment 270 #

Proposal for a regulation
Article 2 a (new)

Article 2 a 1.Collective management organisations should be given the possibility to include in existing licences delivered to radio broadcasters the necessary rights for broadcast-related online activities.Broadcast-related online activities can be defined as: - individual programmes or parts thereof which have been previously linearly broadcast by the radio broadcaster within a particular time period of the original linear broadcast (so called catch-up devices and podcasts), or - material which enriches or otherwise expands on a radio broadcaster´s programmes which have been the subject of a linear offline broadcast by that radio broadcaster, including by way of example material that extends or supplements or reviews or previews the relevant programmes' content or themes. 2.The licensing of rights for on- demand/catch up/podcast programmes of radio broadcasters shall be enabled through mandatory collective management of rights.These programmes shall not allow permanent downloads of, or access to, music track.

Amendment 271 #

Proposal for a regulation
Article 3 – title

Exercise of the rights in retransmission and in re-use of broadcasting organisations' catch-up services by right holders other than broadcasting organisations

Amendment 272 #

Exercise of the rights in retransmission and in re-use of broadcasting organisations' on-demand services by right holders other than broadcasting organisations

Amendment 273 #

Marie-Christine BOUTONNET, Dominique BILDE, Mylène TROSZCZYNSKI

Proposal for a regulation
Article 3 – title

Exercise of the rights in retransmissionother than by cable by right holders other than broadcasting organisations

Amendment 274 #

Proposal for a regulation
Article 3 – paragraph 1

(1) Holders of copyright and related rights other than broadcasting organisations may exercise their rights to grant or refuse the authorisation for a retransmission ~~only~~ through a collective management organisation or through any other means they deem appropriate, in keeping with the principle of contractual freedom.

Amendment 275 #

Proposal for a regulation
Article 3 – paragraph 1

(1) Holders of copyright and related rights other than broadcasting organisations may exercise their rights to grant or refuse the authorisation for a retransmission ~~only~~ through a collective management organisation or individually or through other means, in line with the principle of contractual freedom.

Amendment 276 #

Proposal for a regulation
Article 3 – paragraph 1

(1) Holders of copyright and related rights other than broadcasting organisations may choose to exercise their rights to grant or refuse the authorisation for a retransmission ~~only~~ through either a collective management organisation or by other appropriate means in accordance with freedom of contract.

Amendment 277 #

Proposal for a regulation
Article 3 – paragraph 1

(1) Holders of copyright and related rights other than broadcasting organisations may exercise their rights to grant or refuse the authorisation for a retransmission, other than by cable, only through a collective management organisation.

Amendment 278 #

Proposal for a regulation
Article 3 – paragraph 1 a (new)

(1a) Where an author has transferred his or her right to retransmission to a broadcasting organisation or a producer, the author shall retain an unwaivable right to obtain from the retransmission operator or producer an equitable remuneration for the retransmission of his or her work.The administration of this right shall be entrusted to a collective management organisation representing authors.This provision shall not, however, rule out the conclusion of collective agreements and joint agreements between broadcasting organisations, producers' associations and other professional organisations concerning remuneration, provided that the author receives an equitable remuneration for the retransmission of his or her work;

Amendment 279 #

Proposal for a regulation
Article 3 – paragraph 1 a (new)

(1a) Notwithstanding the transfer of a right to retransmission to a producer, an author shall retain an unwaivable right to obtain an equitable remuneration for the retransmission of his or her work.This right may be exercised only through a collective management organisation that guarantees such remuneration to authors of audiovisual works.

Amendment 28 #

Proposal for a regulation
Recital 2

(2) The development of digital technologies and internet has transformed the distribution of and access to television and radio programmes. Users increasingly expect to have access to television and radio programmes both live and on- demand, using traditional channels such as satellite or cable and also through online services. Broadcasting organisations are therefore increasingly offering, in addition to their own broadcasts of television and radio programmes, online services ancillary to their broadcast, such as simulcasting and catch-up services. Retransmission services operators, which aggregate broadcasts of television and radio programmes, including catch-up services, into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open internet. On the part of users, there is a growing demand for access to broadcasts of television and radio programmes not only originating in their Member State but also in other Member States of the Union, including from members of linguistic minorities of the Union as well as from persons who live in another Member State than their Member State of origin as well as persons who study other languages than their mother tongue.

Amendment 280 #

Proposal for a regulation
Article 3 – paragraph 1 b (new)

(1 b) When an author has transferred his right to retransmission to a producer, he shall retain an unwaivable right to obtain an equitable remuneration for the retransmission of the work which may be exercised only through a collective management organisation representing authors, unless other collective management agreements guarantee such remuneration to audiovisual authors

Amendment 281 #

Proposal for a regulation
Article 3 – paragraph 2

Amendment 282 #

Marie-Christine BOUTONNET, Dominique BILDE, Mylène TROSZCZYNSKI

Proposal for a regulation
Article 3 – paragraph 2

Amendment 283 #

Proposal for a regulation
Article 3 – paragraph 2

Amendment 284 #

Proposal for a regulation
Article 3 – paragraph 2

~~(2)~~2. Where a right holder has not transferred the management of the right referred to in paragraph 1 to a collective management organisation, the collective management organisation which manages rights of the same category for the territory of the Member State for which the operator of the retransmission service seeks to clear rights for a retransmission, other than by cable, of an original broadcast from another Member State shall be deemed to be mandated to manage the right on behalf of that right holder.

Amendment 285 #

Proposal for a regulation
Article 3 – paragraph 3

Amendment 286 #

Marie-Christine BOUTONNET, Dominique BILDE, Mylène TROSZCZYNSKI

Proposal for a regulation
Article 3 – paragraph 3

(3) Where more than one collective management organisation manages rights of that category for the territory of that Member State, the right holder shall be free to choose ~~which of those collective management organisations is deemed to be mandated to manage his or her right. If in such a situation the right holder does not choose~~, if he or she so wishes, the collective management organisation, it shall be for the Member State for whose territory the operator of the retransmission service seeks to clear rights for a retransmission to indicate which of the collective management organisations that is deemed to be mandated to manage ~~the right of that right holder~~his or her right.

Amendment 287 #

Proposal for a regulation
Article 3 – paragraph 3

(3) Where more than one collective management organisation manages rights of that category for the territory of that Member State, the right holder shall be free to choose which of those collective management organisations is deemed to be mandated to manage his or her right. If in such a situation the right holder does not choose the collective management organisation, it shall be for the Member State for whose territory the operator of the retransmission service seeks to clear rights for a retransmission to indicate which of the collective management organisations, if he or she so wishes, the collective management organisation that is deemed to be mandated to manage ~~the right of that right holder~~his or her right.

Amendment 288 #

Proposal for a regulation
Article 3 – paragraph 3

(3) Where more than one collective management organisation manages rights of that category for the territory of that Member State, the right holder shall be free to choose, wh~~ich of those collective management organisations is deemed to b~~ere applicable mand~~ated to manage his or her right. If in such a situation the right holder does not choose the collec~~ without prejudice to alternative marranagement ~~organisation, it shall be for the Member State for whose territory the operator of the retransmission service seeks to clear rights for a retransmission to indicate~~s under freedom of contract, which of those collective management organisations is ~~deemed to be mandated to manage the right of that right holder~~to manage his or her right.

Amendment 289 #

Proposal for a regulation
Article 3 – paragraph 4

Amendment 29 #

Herbert DORFMANN, Csaba SÓGOR, Waldemar TOMASZEWSKI, Francisco de Paula GAMBUS MILLET, Ernest URTASUN, Kinga GÁL, Josep-Maria TERRICABRAS, Ian HUDGHTON, Nils TORVALDS, László TŐKÉS, Izaskun BILBAO BARANDICA, Ramon TREMOSA i BALCELLS, Iuliu WINKLER, Ádám KÓSA, Mady DELVAUX, Pavel SVOBODA

Proposal for a regulation
Recital 2

(2) The development of digital technologies and internet has transformed the distribution of and access to television and radio programmes. Users increasingly expect to have access to television and radio programmes both live and on- demand, using traditional channels such as satellite or cable and also through online services. Broadcasting organisations are therefore increasingly offering, in addition to their own broadcasts of television and radio programmes, online services ancillary to their broadcast, such as simulcasting and catch-up services. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open internet. On the part of users, there is a growing demand and need for access to broadcasts of television and radio programmes, including catch-up services, not only originating in their Member State but also in other Member States of the Union, ~~including~~especially from members of linguistic minorities of the Union ~~as well as from~~, persons who live in another Member State than their Member State of origin as well as persons who study other languages than their mother tongue.

Amendment 290 #

Isabella ADINOLFI, Laura FERRARA, David BORRELLI, Dario TAMBURRANO

Proposal for a regulation
Article 3 – paragraph 4

(4) A right holder shall have the same rights and obligations resulting from the agreement between the operator of the retransmission service and the collective management organisation which is deemed to be mandated to manage his or her right as the right holders who have mandated that collective management organisation and shall be able to claim ~~those rights~~remuneration for those rights from the collecting society as described in Article 3 (2) and (3) within a period, to be fixed by the Member State concerned, which shall not be shorter than three years from the date of the retransmission which includes his or her work or other protected subject matter.

Amendment 291 #

Proposal for a regulation
Article 3 – paragraph 4

(4) A right holder shall have the same rights and obligations resulting from the agreement between the operator of the retransmission service and the collective management organisation which is deemed to be mandated to manage his or her right as the right holders who have mandated that collective management organisation and shall be able to claim those rights within a period, to be fixed by the Member State concerned, which shall not be shorter than ~~thre~~five years from the date of the retransmission which includes his or her work or other protected subject matter.

Amendment 292 #

Jytte GUTELAND

Proposal for a regulation
Article 3 – paragraph 4 a (new)

(4 a) Paragraphs (2) and (3) shall not apply in situations where a collective agreement between a collective management organisation and an operator of a retransmission service concerning rights referred to in paragraph 1, by virtue of national law, is extended to apply also to rights of rightholders not represented by the organisation.

Amendment 293 #

Proposal for a regulation
Article 3 – paragraph 5

Amendment 294 #

Proposal for a regulation
Article 3 – paragraph 5

Amendment 295 #

Proposal for a regulation
Article 3 – paragraph 5

Amendment 296 #

Marie-Christine BOUTONNET, Dominique BILDE, Mylène TROSZCZYNSKI

Proposal for a regulation
Article 3 – paragraph 5

(5) A Member State may provide that, where a right holder authorises the initial transmission within its territory of a work or other protected subject matter, the right holder shall be deemed to have agreed not to exercise his or her rights in retransmission, other than by cable, of an original broadcast from another Member State, on an individual basis but to exercise them in accordance with this Regulation.

Amendment 297 #

Proposal for a regulation
Article 3 – paragraph 5

(5) ~~A Member State may provide that, w~~Where a right holder authorises the initial transmission ~~within its territory~~in a Member State of a work or other protected subject matter, the ~~right holder shall be deemed to have agreed not to~~or she may exercise his or her rights in retransmission on an individual basis ~~but to exercise them~~, or in accordance with other arrangements set out in this Regulation.

Amendment 298 #

Proposal for a regulation
Article 3 – paragraph 5 a (new)

(5 a) The rights clearance mechanism regarding the exercise of the rights in retransmission by rightholders other than broadcasting organisations established in paragraphs 1 to 5 of this Article as well as in Chapter III of Council Directive 93/83/EEC also applies to functionalities that are closely connected to the linear retransmission and made available for a limited period of time after or during the retransmission.

Amendment 299 #

Proposal for a regulation
Article 3 – paragraph 5 b (new)

(5 b) A Member State shall provide, for the integral re-use of broadcasting organisation's on-demand services by third parties, that a collective agreement between a representative association of collecting societies and an association of rights-users or individual rights-users concerning a given category of works may be extended to right holders of the same category who are not represented by the representative association of collecting societies, provided that the unrepresented rightholder shall, at any time, have the possibility of excluding the extension of the collecting agreement to his works and of exercising his rights either individually or collectively.

Amendment 30 #

Julia REDA, Max ANDERSSON, Lidia Joanna GERINGER DE OEDENBERG

Proposal for a regulation
Recital 2

(2) The development of digital technologies and internet has transformed the distribution of and access to television and radio programmes. Users increasingly expect to have access to television and radio programmes both live and on- demand, using traditional channels such as satellite or cable and also through online services. Broadcasting organisations are therefore increasingly offering, in addition to their own broadcasts of television and radio programmes, online services ~~ancillary to their broadcast~~, such as simulcasting and catch-up services. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users ~~simultaneously to the initial transmission of the broadcast, unaltered and unabridg~~unaltered, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open internet. On the part of users, there is a growing demand for access to ~~broadcasts of~~ television and radio ~~programm~~, including catch-up services, not only originating in their Member State but also in other Member States of the Union, including from members of linguistic minorities of the Union as well as from persons who live in another Member State than their Member State of origin.

Amendment 300 #

Proposal for a regulation
Article 3 – paragraph 5 a (new)

(5 a) The principles of paragraphs 1 to 5 shall apply also to the integral re-use of the broadcasting organisation’s on- demand services by a party other than the broadcasting organisation under whose control and responsibility such services were primarily made available.

Amendment 301 #

Proposal for a regulation
Article 3 – paragraph 5 a (new)

(5 a) Paragraphs 1 to 5 shall also apply to the integral re-use of the broadcasting organisation's on-demand services by a party other than the broadcasting organisation under whose control and responsibility such services were primarily made available.

Amendment 302 #

Julia REDA, Max ANDERSSON, Lidia Joanna GERINGER DE OEDENBERG

Proposal for a regulation
Article 3 – paragraph 5 b (new)

(5 b) Collective management organisations shall maintain a database providing information related to the application of copyright and related rights including the owner of a right, the type of use, the territory and period of time.

Amendment 303 #

Proposal for a regulation
Article 3 – paragraph 5 a (new)

(5a) Paragraphs 1 to 5 shall also apply to the re-use, in full and unchanged, of a broadcasting organisation's catch-up services by a provider of retransmission services other than the broadcasting organisation under whose supervision and responsibility the service was initially made available.

Amendment 304 #

Proposal for a regulation
Article 3 a (new)

Article 3 a Exploitation of broadcasting programmes through retransmission The retransmission of works or other protected subject-matter included in a television or radio programme initially communicated to the public by a broadcasting organisation is an act of communication to the public of such a programme, irrespective of whether the retransmission service operator uses the same technical means or different technical means than those used for the initial act of broadcasting and irrespective of whether or not such retransmission takes place within the actual or intended area of reception of the initial broadcast.

Amendment 305 #

Proposal for a regulation
Article 3 a (new)

Article 3a Exploitation of broadcasting programmes through retransmission The retransmission by a broadcasting organisation of television or radio programmes which include works or other protected subject matter shall constitute an act of communication to the public, whether the retransmission service provider uses the same technology as that used for the original broadcast or a different one and whether or not the retransmission is performed in the area of reception, actual or intended, of the original broadcast.

Amendment 306 #

Proposal for a regulation
Article 3 a (new)

Amendment 307 #

Marie-Christine BOUTONNET, Dominique BILDE, Mylène TROSZCZYNSKI

Proposal for a regulation
Article 4 – title

Exercise ~~of the rights in retransmissionby~~by broadcasting organisationsof the rights in retransmission, other than by cable, of an original broadcast in~~g organisations~~ another Member State

Amendment 308 #

Proposal for a regulation
Article 4 – paragraph 1

Amendment 309 #

Marie-Christine BOUTONNET, Dominique BILDE, Mylène TROSZCZYNSKI

Proposal for a regulation
Article 4 – paragraph 1 a (new)

(1 a) Agreements imposing on broadcasters or retransmission services obligations, in respect of limiting passive sales, to act in violation of article 101(1) of the Treaty of Functioning of the European Union and Commission Regulation No 330/2010, shall be automatically void.

Amendment 31 #

Proposal for a regulation
Recital 2

(2) The development of digital technologies and internet has transformed the distribution of, and access to, television and radio programmes~~. Users increasingly expect to have~~, pitting traditional audiovisual media services against increasingly fierce international competition, particularly from on-line platforms. To meet user demand for access to television and radio programmes both live and on- demand, using traditional channels such as satellite or cable and also through online services~~. B~~, broadcasting organisations ~~are therefore increasingly~~have managed to adapt and offer in~~g, in addition to their own broadcasts of television and radio programmes,~~novative solutions such as online services ancillary to their broadcast~~, such as~~s, like simulcasting and catch-up services. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open internet. On the part of users, there is a growing demand for access to broadcasts of television and radio programmes not only originating in their Member State but also in other Member States of the Union, including from members of linguistic minorities of the Union as well as from persons who live in another Member State than their Member State of originThese new techniques have made it possible to offer users a broad choice and increasingly easy access to high-quality content.

Amendment 310 #

Tiemo WÖLKEN, Josef WEIDENHOLZER, Evelyn REGNER, Evelyne GEBHARDT, Lidia Joanna GERINGER DE OEDENBERG, Victor NEGRESCU

Proposal for a regulation
Article 4 – paragraph 1 a (new)

Member States shall ensure by means of civil or administrative law, as appropriate, that the parties enter and conduct negotiations regarding authorization for retransmission in good faith and do not prevent or hinder negotiation without valid justification.

Amendment 311 #

Jean-Marie CAVADA, Bogdan Brunon WENTA, Marc JOULAUD

Proposal for a regulation
Article 3 b (new)

Article 3 b Extended Collective Licensing 1.Member States may extend the application of a non-exclusive license concluded by a collective management organisation, on behalf of its members, with an information society service provider for the communication to the public or making available of, as well as the acts of reproduction which are necessary for the provision of, broadcasters' radio or television programmes and audiovisual works provided by the broadcasting organisation to the public, the rightholders of the same category as those covered by the license who are not represented by the collective management organisation provided that: (a) the collective management organisation is, on the basis of mandates from rightholders, broadly representative of rightholders in the category of works or other subject-matter and of the rights which are the subject of the license; (b) equal treatment is guaranteed to all rightholders in relation to the terms of the license; (c) the collective management organisation makes available to all rightholders information about the exploitation of the works subject to this paragraph; (d) all rightholders may at any time exclude the application of the license to their works or other subject-matter. 2.Exceptions or limitations introduced by Member States to the rights provided for in articles 2 and 3 of Directive 2001/29/EC apply in cases related to the provision to the public by an information society service provider of works covered by paragraph 1, insofar as the relevant rightholder does not exclude the application of the non-exclusive license.

Amendment 312 #

Proposal for a regulation
Article 4 a (new)

Article 4a Exploitation of broadcasting programmes through a direct injection process Broadcasters that transmit their programme-carrying signals through a direct injection process to distributors (in accordance with the Bern Convention, these are third parties in relation to the broadcaster) for reception by the public shall be jointly liable with their distributors for the single and indivisible acts of communication to the public and making available to the public, as defined in Article 3 of Directive 2001/29/EC, which they carry out together.Such broadcasting organisations and such distributors should therefore obtain an authorisation from the right holders in question for their respective participation in such acts.

Amendment 313 #

Proposal for a regulation
Article 4 a (new)

Article 4a Exploitation of television and radio programmes through a direct injection process Broadcasters that transmit their programme-carrying signals by a direct injection process to distributors for reception by the public, and those distributors as such, shall both be liable for acts of communication to the public and making available to the public, as defined in Article 3 of Directive 2001/29/EC, which they carry out together.In such a situation, both the broadcasting organisation and the distributors involved in the direct injection process shall obtain an authorisation from the relevant right holders for their participation in such acts and the exploitation of the rights concerned.

Amendment 314 #

Proposal for a regulation
Article 4 a (new)

Article 4a Exploitation of broadcasting programmes through a direct injection process Broadcasting organisations that transmit their programme-carrying signals by a direct injection process to distributors for reception by the public shall be jointly liable, together with such distributors, for the single and indivisible acts of communication to the public and making available to the public, as defined in Article 3 of Directive 2001/29/EC, which they carry out together.In such a situation, both the broadcasting organisation and the distributors involved in the process shall obtain an authorisation from the relevant right holders as regards their participation, and the exploitation involved, in such acts.

Amendment 315 #

Proposal for a regulation
Article 4 a (new)

Article 4 a Exploitation of broadcasting programmes through a direct injection process Broadcasting organisations that transmit their programme carrying signals through a direct injection process to distributors of TV packages for reception by the public and such distributors that offer the programmes to the public are jointly liable for the single and indivisible acts of communication to the public and making available to the public, as defined in Article 3 of Directive 2001/29/EC, which they carry out together.In such a situation, both the broadcasting organisations and the distributors involved in the process should obtain an authorisation from the relevant rights holders as concerns their respective participation and exploitation in such acts.

Amendment 316 #

Julia REDA, Max ANDERSSON, Lidia Joanna GERINGER DE OEDENBERG

Proposal for a regulation
Article 4 a (new)

Article 4a Exploitation of broadcasting programmes through a direct injection process Broadcasting organisations that transmit their programme-carrying signals through a direct injection process to distributors for reception by the public shall be jointly liable together with such distributors for the single and indivisible acts of communication to the public and making available to the public, as defined in Article 3 of Directive 2001/29/EC, which they carry out together.Such broadcasting organisations and distributors should therefore obtain a separate authorisation from the right holders in question for their respective participation in such acts.

Amendment 317 #

Proposal for a regulation
Article 4 a (new)

Article 4 a Direct Injection Article 3 shall also apply to cases of direct injection, as defined in point (b a) of Article 1.

Amendment 318 #

Julia REDA, Max ANDERSSON, Lidia Joanna GERINGER DE OEDENBERG

Proposal for a regulation
Article 4 b (new)

Article 4 b Agreements on passive sales Agreements imposing on broadcasters or retransmission services obligations, in respect of passive sales, to act in violation of Article 101(1) of the Treaty on the Functioning of the European Union and Regulation (EU) No 330/2010, shall be automatically void.

Amendment 319 #

Julia REDA, Max ANDERSSON, Lidia Joanna GERINGER DE OEDENBERG

Proposal for a regulation
Article 4 c (new)

Article 4 c Extended collective licencing 1.Member States may extend the application of a non-exclusive licence concluded by a collective management organisation, on behalf of its members, with an information society service or a linear audiovisual media or radio service provider for the communication to the public or making available of, as well as the acts of reproduction which are necessary for the provision of, broadcasters' radio or television programmes and audiovisual works provided by the broadcasting organisation to the public, to rightholders of the same category as those covered by the licence who are not represented by the collective management organisation, provided that: (a) the collective management organisation is, on the basis of mandates from rightholders, broadly representative of rightholders in the category of works or other subject-matter and of the rights which are the subject of the licence; (b) equal treatment is guaranteed to all rightholders in relation to the terms of the licence; (c) the collective management organisation makes available to all rightholders information about the exploitation of the works subject to this paragraph; (d) all rightholders may at any time exclude the application of the licence to their works or other subject-matter. 2.Exceptions or limitations introduced by Member States to the rights provided for in Articles 2 and 3 of Directive 2001/29/EC apply in cases related to the provision to the public by an information society service provider of works covered by paragraph 1, insofar as the relevant rightholder does not exclude the application of the non-exclusive license.

Amendment 32 #

Proposal for a regulation
Recital 2

(2) The development of digital technologies and internet has transformed the distribution of and access to television and radio programmes. Users increasingly expect to have access to television and radio programmes both live and on- demand, using traditional channels such as satellite or cable and also through online services. Broadcasting organisations are therefore increasingly offering, in addition to their own broadcasts of television and radio programmes, online services ancillary to their broadcast, such as simulcasting and catch-up services. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based ~~or mobile~~ networks as well as the open internet. On the part of users, there is a growing demand for access to broadcasts of television and radio programmes not only originating in their Member State but also in other Member States of the Union, including from members of linguistic minorities of the Union as well as from persons who live in another Member State than their Member State of origin.

Amendment 320 #

Proposal for a regulation
Article 5

Amendment 321 #

Proposal for a regulation
Article 5

Amendment 322 #

Proposal for a regulation
Article 5 – paragraph 1

Amendment 323 #

Proposal for a regulation
Article 5 – paragraph 1

Amendment 324 #

Julia REDA, Max ANDERSSON, Lidia Joanna GERINGER DE OEDENBERG

Proposal for a regulation
Article 5 – paragraph 1

Agreements on the exercise of copyright and related rights relevant for the acts of communication to the public and the making available of news and current affairs programmes occurring in the course of provision of an ancillary online service as well as for the acts of reproduction of news and current affairs programmes which are necessary for the provision ~~of, the access to or the use~~ of an ancillary online service which are in force on [the date mentioned in Article 7(2), to be inserted by OPOCE ] shall be subject to Article 2 as from [the date mentioned in Article 7(2) + 2 years, to be inserted by OPOCE] if they expire after that date.

Amendment 325 #

Proposal for a regulation
Article 5 – paragraph 1

Agreements on the exercise of copyright and related rights relevant for the acts of communication to the public and the making available occurring in the course of provision of an ~~ancillary~~ online service as well as for the acts of reproduction which are necessary for the provision of, the access to or the use of an ~~ancillary~~ online service which are in force on [the date mentioned in Article 7(2), to be inserted by OPOCE ] shall be subject to Article 2 as from [the date mentioned in Article 7(2) + 21 years, to be inserted by OPOCE] if they expire after that date.

Amendment 326 #

Isabella ADINOLFI, Laura FERRARA, David BORRELLI, Dario TAMBURRANO

Proposal for a regulation
Article 5 – paragraph 1

Agreements on the exercise of copyright and related rights relevant for the acts of communication to the public and the making available occurring in the course of provision of an ~~ancillary~~ online service as well as for the acts of reproduction which are necessary for the provision of, the access to or the use of an ~~ancillary~~ online service which are in force on [the date mentioned in Article 7(2), to be inserted by OPOCE ] shall be subject to Article 2 as from [the date mentioned in Article 7(2) + 2 years, to be inserted by OPOCE] if they expire after that date.

Amendment 327 #

Isabella ADINOLFI, Laura FERRARA, David BORRELLI, Dario TAMBURRANO

Proposal for a regulation
Article 5 a (new)

Article 5 a Member States shall ensure that the parties enter into and conduct negotiations in good faith and under fair, reasonable and non-discriminatory terms do not prevent or hinder negotiations without valid justification.

Amendment 328 #

Proposal for a regulation
Article 6 – paragraph 1

Amendment 329 #

Isabella ADINOLFI, Laura FERRARA, David BORRELLI, Dario TAMBURRANO

Proposal for a regulation
Article 6 – paragraph 2

(2) Member States shall provide the Commission, in a timely and accurate manner, with the necessary information for the preparation of the report referred to in paragraph 1.

Amendment 33 #

Julia REDA, Max ANDERSSON, Lidia Joanna GERINGER DE OEDENBERG

Proposal for a regulation
Recital 3

Amendment 330 #

Proposal for a regulation
Article 6 – paragraph 2 a (new)

(2 a) The extension of this Regulation to include video-on-demand platforms in its scope shall be considered together with the review of Article 10 of Directive 2017/....1a _________________ 1aProposal for a directive of the European Parliament and of the Council on copyright in the Digital Single Market, COM(2016)0593.

Amendment 331 #

Proposal for a regulation
Article 7 – paragraph 2

(2) It shall apply from [618 months following the day of its publication, to be inserted by OPOCE].

Amendment 332 #

Marie-Christine BOUTONNET, Dominique BILDE, Mylène TROSZCZYNSKI

Proposal for a regulation
Article 7 – paragraph 2

~~(2)~~2. It shall apply from [618 months following the day of its publication, to be inserted by OPOCE].

Amendment 34 #

Proposal for a regulation
Recital 3

(3) A number of barriers hinder the provision of online services which are ancillary to broadcasts and the provision of retransmission services and thereby the free circulation of television and radio programmes within the Union. Broadcasting organisations transmit daily many hours of news, cultural, political, documentary or entertainment programmes. These programmes incorporate a variety of content such as audiovisual, musical, literary or graphic works, which is protected by copyright and/or related rights under ~~Union law. That results in a complex process to clear rights from a multitude of right holders and for different categories of works and othe~~national bodies of law and Union law. Territorially based sales of rights and exclusivity clauses play a major pro~~tected subject matter. Often the rights need to be cleared in a short time- frame,~~le in the financing and distribution of this content. This investment ins particular when preparing programmes such as news or current affairs. In order to make their online services available across borders, broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevantly relevant in the case of the cross-border distribution of content across the Union, as was pointed out by the European Audiovisual Observatory in its study on territoriality in 2015, because the Union market is heterogeneous and very fragmented – owing to differences in the language, culture and tastes of the public – and, ther~~ritories which further increases the complexity of the rights' clear~~efore, obliges broadcasting organisations to adapt to national circumstances.

Amendment 35 #

Proposal for a regulation
Recital 3

(3) A number of barriers hinder the provision of online services which are ancillary to broadcasts and the provision of retransmission services and thereby the free circulation of television and radio programmes within the Union. Broadcasting organisations transmit daily many hours of news, cultural, political, documentary or entertainment programmes. These programmes incorporate a variety of content such as audiovisual, musical, literary or graphic works, which is protected by copyright and/or related rights under Union law. That results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter. Often the rights need to be cleared in a short time-frame, in particular when preparing programmes such as news or current affairs. In order to make their online services available across borders, broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which, given the fragmentation of the law applicable to copyright and related rights between Member States, further increases the complexity of the rights' clearance.

Amendment 36 #

Proposal for a regulation
Recital 3

Amendment 37 #

(3) A number of barriers hinder the provision of online services ~~which are ancillary to broadcasts~~ and the provision of retransmission services and thereby the free circulation of television and radio programmes within the Union. Broadcasting organisations transmit daily many hours of news, cultural, political, documentary or entertainment programmes. These programmes incorporate a variety of content such as audiovisual, musical, literary or graphic works, which is protected by copyright and/or related rights under Union law. That results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter. Often the rights need to be cleared in a short time-frame, in particular when preparing programmes such as news or current affairs. In order to make their online services available across borders, broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights' clearance.

Amendment 38 #

Isabella ADINOLFI, Laura FERRARA, David BORRELLI, Dario TAMBURRANO

Proposal for a regulation
Recital 3

(3) A number of barriers hinder the provision of online services ~~which are ancillary to broadcasts~~ and the provision of retransmission services and thereby the free circulation of television and radio programmes within the Union. Broadcasting organisations transmit daily many hours of news, cultural, political, documentary or entertainment programmes. These programmes incorporate a variety of content such as audiovisual, musical, literary or graphic works, which is protected by copyright and/or related rights under Union law. That results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter. Often the rights need to be cleared in a short time-frame, in particular when preparing programmes such as news or current affairs. In order to make their online services available across borders, broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights' clearance.

Amendment 39 #

Proposal for a regulation
Recital 3

(3) A number of barriers hinder the provision of online services ~~which are ancillary to broadcasts~~ and the provision of retransmission services and thereby the free circulation of television and radio programmes within the Union. Broadcasting organisations transmit daily many hours of news, cultural, political, documentary or entertainment programmes. These programmes incorporate a variety of content such as audiovisual, musical, literary or graphic works, which is protected by copyright and/or related rights under Union law. That results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter. Often the rights need to be cleared in a short time-frame, in particular when preparing programmes such as news or current affairs. In order to make their online services available across borders, broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights' clearance.

Amendment 40 #

Proposal for a regulation
Recital 3

(3) A number of barriers hinder the provision of online services ~~which are ancillary to broadcasts~~ and the provision of retransmission services and thereby the free circulation of television and radio programmes within the Union. Broadcasting organisations transmit daily many hours of news, cultural, political, documentary or entertainment programmes. These programmes incorporate a variety of content such as audiovisual, musical, literary or graphic works, which is protected by copyright and/or related rights under Union law. That results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter. Often the rights need to be cleared in a short time-frame, in particular when preparing programmes such as news or current affairs. In order to make their online services available across borders, broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights' clearance.

Amendment 41 #

Proposal for a regulation
Recital 4

(4) Operators of retransmission services~~, that~~ of television or radio programmes including works or other protected subject matter carry out an act of communication to the public irrespective of whether the retransmission of the television or radio programme is made by the same technical means or different technical means than those used for the initial act of broadcasting, and irrespective of whether or not such retransmission takes place within the actual or intended area of reception of the initial broadcast As retransmission services, normally offer multiple programmes which use a multitude of works and other protected subject matter included in the retransmitted television and radio programmes, operators of retransmission services have a very short time- frame for obtaining the necessary licences and hence also face a significant rights clearing burden. There is also a risk for right holders of having their works and other protected subject matter exploited without authorisation or payment of remuneration.

Amendment 42 #

Proposal for a regulation
Recital 4

(4) Operators of retransmission services, that normally offer multiple programmes which use a multitude of works and other protected subject matter included in the retransmitted television and radio programmes, have ~~a very short time- frame for obtaining the necessary licences and hence also face a significant rights clearing burden. There is also a risk for right holders of hav~~the possibility, due to freedom of contract, to obtaing the~~ir works and other protected subject matter exploited without authorisation or payment of remuneration~~ necessary licences.

Amendment 43 #

Marie-Christine BOUTONNET, Dominique BILDE, Mylène TROSZCZYNSKI

Proposal for a regulation
Recital 4

(4) Operators of retransmission services, that normally offer multiple programmes which use a multitude of works and other protected subject matter included in the retransmitted television and radio programmes, have ~~a very short time- frame for~~the possibility of obtaining the necessary licences and hence also face a significant rights clearing burden. There is also a risk for right holders of having their works and other protected subject matter exploited without authorisation or payment of remuneration, which is a crucial facet of contractual freedom.

Amendment 44 #

Proposal for a regulation
Recital 1

(1) In order to cont~~ribute to the functioning of the internal market, it is necessary to provide for wider dissemination of~~inue to support the European cultural and creative industries, it is necessary to embed the principle of territoriality, including for television and radio programmes originating in other Member States, for the benefit of ~~users across the Union by facilitating licensing~~enterprises but also of users, by enshrining the principle of copyright and related rights in works and other protected subject-matter contained in broadcasts of such programmes. Indeed, television and radio programmes are important means of promoting cultural and linguistic diversity, social cohesion and access to information, and it is therefore vital to ensure that schemes for the financing of audiovisual works are not jeopardised.

Amendment 45 #

Proposal for a regulation
Recital 4

Amendment 46 #

Proposal for a regulation
Recital 4

(4) Operators of retransmission services, that normally offer multiple programmes which use a multitude of works and other protected subject matter included in the retransmitted television and radio programmes, have a very short time- frame for identifying right holders obtaining the necessary licences and hence also face a significant rights clearing burden. There is also a risk for right holders of ~~having~~either losing out on the possibility to authorise and exploit their works and other protected subject matter or having them exploited without authorisation or payment of remuneration.

Amendment 47 #

Proposal for a regulation
Recital 4

(4) Operators of retransmission services, that normally offer multiple programmes which use a multitude of works and other protected subject matter included in the retransmitted television and radio programmes, ~~have a very short time- frame for obtaining the necessary licences and hence also face a significant rights clearing burden. There is also a risk for righ~~already have the possibility at present of obtaining the necessary licences. As regards right holders, it should~~ers of having~~ be ensured that their works and other protected subject matter may not be exploited without authorisation or payment of remuneration. The remuneration should be determined in accordance with the Directive on copyright in the Digital Single Market.

Amendment 48 #

Isabella ADINOLFI, Laura FERRARA, David BORRELLI, Dario TAMBURRANO

Proposal for a regulation
Recital 4

(4) Operators of retransmission services~~, that normally offer multiple programmes which use a multitude of~~ which retransmit television or radio programmes including works ~~and~~or other protected subject matter ~~included in the retransmitted~~perform an act of communication to the public, whether the television ~~and~~or radio programmes~~, have a very short time-frame for obtaining the necessary licences and hence also face a significant rights clearing burden. There is also a risk for right holders of having~~ are retransmitted using the same technology as that used for the original broadcast or a different one and whetheir wor~~ks and other protected subject matter exploited without authorisation or payment of remuneration~~ not the retransmission is performed in the area of reception, actual or intended, of the original broadcast.

Amendment 49 #

Proposal for a regulation
Recital 4

Amendment 50 #

Proposal for a regulation
Recital 4

Amendment 51 #

Marie-Christine BOUTONNET, Dominique BILDE, Mylène TROSZCZYNSKI

Proposal for a regulation
Recital 4

(4) Operators of retransmission services, that normally offer multiple programmes which use a multitude of works and other protected subject matter included in the retransmitted television and radio programmes, have ~~a very short time- frame for~~the possibility, in the context of contractual freedom, of obtaining ~~the~~ necessary licences and thence also face a significant rights clearing burden. There is also a risk for right holders of having their works and other protected subject matter exploited without authorisation or payment of remunerationreby guaranteeing right holders the necessary equitable remuneration they need so that they can continue to offer a wide variety of content, also in the consumer's interest.

Amendment 52 #

Proposal for a regulation
Recital 4

(4) Operators of retransmission services, that normally offer multiple programmes which use a multitude of works and other protected subject matter included in the retransmitted television and radio programmes, have ~~a very short time- frame for~~the possibility of obtaining the necessary licences and hence also face a significant rights clearing burden. There is also a risk for right holders of having their works and other protected subject matter exploited without authorisation or payment of remuneration, which is a facet of contractual freedom and guarantees right holders the remuneration they need for their livelihoods and to continue to offer a wide variety of content, which is necessary in order to preserve cultural diversity in Europe.

Amendment 53 #

Isabella ADINOLFI, Laura FERRARA, David BORRELLI, Dario TAMBURRANO

Proposal for a regulation
Recital 4 a (new)

(4a) To the extent that retransmission services that normally offer multiple programmes use a multitude of works and other protected subject matter included in the retransmitted television and radio programmes, they have the possibility, in the context of contractual freedom, of obtaining the necessary licences and thereby guaranteeing right holders equitable remuneration so that they can continue to offer a wide variety of content, also in the consumer's interest.

Amendment 54 #

Proposal for a regulation
Recital 4 a (new)

(4 a) There is the need to strike the right balance between a high-level protection of authors, creators and rightholders and the public goal of favouring the dissemination and access to information, knowledge and content within the internal market.In this view, the right of citizens and consumers to have cross-border access to television and radio programmes as well as other online services should be guaranteed.

Amendment 55 #

Marie-Christine BOUTONNET, Dominique BILDE, Mylène TROSZCZYNSKI

Proposal for a regulation
Recital 5

(5) ThIt is also necessary to point out that this legal protection of right holders, which forms part of the constitutional traditions and legal systems of most Member States, is also enshrined in Union law, since rights in works and other protected subject matter ~~are~~have been harmonised, ~~among others~~inter alia, through Directive 2001/29/EC of the European Parliament and of the Council15 and Directive 2006/115/EC of the European Parliament and of the Council.16 _________________ 15 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. 16 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.

Amendment 56 #

Proposal for a regulation
Recital 5

(5) The rights in works and other protected subject matter are harmonised, among others, through Directive 2001/29/EC of the European Parliament and of the Council(15) and Directive 2006/115/EC of the European Parliament and of the Council.16, instruments which have as their principal objective to establish and ensure a high level of protection for rightholders. _________________ (15)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. 16 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.

Amendment 57 #

Isabella ADINOLFI, Laura FERRARA, David BORRELLI, Dario TAMBURRANO

Proposal for a regulation
Recital 5

(5) The rights in works and other protected subject matter are harmonised, among others, through Directive 2001/29/EC of the European Parliament and of the Council15 and Directive 2006/115/EC of the European Parliament and of the Council.16 _________________ 15 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. 16 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., which serves in particular to ensure protection of right holders. Directive 2006/115/EC of the European

Amendment 58 #

Proposal for a regulation
Recital 6

(6) Council Directive 93/83/EEC17 facilitates cross-border satellite broadcasting and retransmission by cable of television and radio programmes from other Member States of the Union. However, the provisions of that Directive on transmissions of broadcasting organisations are limited to satellite transmissions and therefore do not apply to online services ~~ancillary to broadcast~~ while the provisions concerning retransmissions of television and radio programmes from other Member States are limited to simultaneous, unaltered and unabridged retransmission by cable or microwave systems ~~and do not extend to such retransmissions by means of other technologies~~. _________________ 17 Council 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 OJ L 248, 6.10.1993, p. 15– 21.

Amendment 59 #

Julia REDA, Max ANDERSSON, Lidia Joanna GERINGER DE OEDENBERG

Proposal for a regulation
Recital 6

(6) Council Directive 93/83/EEC17 facilitates cross-border satellite broadcasting and retransmission by cable of television and radio programmes from other Member States of the Union. However, the provisions of that Directive on transmissions of broadcasting organisations are limited to satellite transmissions and therefore do not apply to online services ~~ancillary to broadcast~~ while the provisions concerning retransmissions of television and radio programmes from other Member States are limited to simultaneous, unaltered and unabridged retransmission by cable or microwave systems ~~and do not extend to such retransmissions by means of other technologies~~. _________________ 17 Council 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 OJ L 248, 6.10.1993, p. 15– 21.

Amendment 60 #

Marie-Christine BOUTONNET, Dominique BILDE, Mylène TROSZCZYNSKI

Proposal for a regulation
Recital 6

Amendment 61 #

Proposal for a regulation
Recital 6

(6) Council Directive 93/83/EEC17 facilitates cross-border satellite broadcasting and retransmission by cable of television and radio programmes from other Member States of the Union. However, the provisions of that Directive on transmissions of broadcasting organisations are limited to satellite transmissions and therefore do not apply to online services ~~ancillary to broadcast~~ while the provisions concerning retransmissions of television and radio programmes from other Member States are limited to simultaneous, unaltered and unabridged retransmission by cable or microwave systems and do not extend to such retransmissions by means of other technologies. _________________ 17 Council 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 OJ L 248, 6.10.1993, p. 15– 21.

Amendment 62 #

Proposal for a regulation
Recital 6

(6) Council Directive 93/83/EEC17 facilitates cross-border satellite broadcasting and retransmission by cable of television and radio programmes from other Member States of the Union. However, the provisions of that Directive on transmissions of broadcasting organisations are limited to satellite transmissions and therefore do not apply to online services ~~ancillary to broadcast~~ while the provisions concerning retransmissions of television and radio programmes from other Member States are limited to simultaneous, unaltered and unabridged retransmission by cable or microwave systems and do not extend to such retransmissions by means of other technologies. _________________ 17 Council 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 OJ L 248, 6.10.1993, p. 15– 21.

Amendment 63 #

Proposal for a regulation
Recital 7

Amendment 64 #

Proposal for a regulation
Recital 7

(7) Therefore, cross-border provision of online services ancillary to broadcast and retransmissions of television and radio programmes originating in other Member States should be facilitated by adapting the legal framework on the exercise of copyright and related rights relevant for th~~ose activities.~~ is activity. Whereas the adaptation of the legal framework may result in limitations on the exercise of exclusive rights, it should only apply in certain special cases which do not conflict with the normal exploitation of the work or other protected subject-matter and do not unreasonably prejudice the legitimate interests of the rightholder. Therefore, also bearing in mind the importance of the principle of territoriality for the financing and production of creative content, and in particular of audio-visual works, any legislative intervention should necessarily be extremely limited and narrow and be in line with the Union principles of necessity and proportionality.

Amendment 65 #

Proposal for a regulation
Recital 7

Amendment 66 #

Proposal for a regulation
Recital 7

(7) Therefore, ~~cross-border provision of online services ancillary to broadcast and~~ retransmissions of television and radio programmes originating in other Member States should be facilitated by adapting the legal framework on the exercise of copyright and related rights relevant for those activities.

Amendment 67 #

Marie-Christine BOUTONNET, Dominique BILDE, Mylène TROSZCZYNSKI

Proposal for a regulation
Recital 7

Amendment 68 #

Proposal for a regulation
Recital 7

Amendment 69 #

Proposal for a regulation
Recital 7

(7) Therefore, cross-border provision of online services ~~ancillary to broadcast and retransmissions of television and radio programme~~of broadcasters originating in other Member States should be facilitated by adapting the legal framework on the exercise of copyright and related rights relevant for those activities.

Amendment 70 #

Proposal for a regulation
Recital 7

Amendment 71 #

Isabella ADINOLFI, Laura FERRARA, David BORRELLI, Dario TAMBURRANO

Proposal for a regulation
Recital 7

Amendment 72 #

Proposal for a regulation
Recital 7

Amendment 73 #

Proposal for a regulation
Recital 8

(8) The ancillary online services covered by this Regulation are those services offered by broadcasting organisations which have a clear and subordinate relationship to the broadcast. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, within a defined time period after the broadcast, to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch-up services). In addition, ancillary online services include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme's content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, the provision of access to works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos, do not fall under the definition of ancillary online service.deleted

Amendment 74 #

Proposal for a regulation
Recital 8

(8) The ancillary online services covered by this Regulation are those services offered by broadcasting organisations which have a clear and subordinate relationship to the broadcast. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, within a defined time period after the broadcast, to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch-up services). In addition, ancillary online services include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme's content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, the provision of access to works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos, do not fall under the definition of ancillary online service.deleted

Amendment 75 #

Proposal for a regulation
Recital 8

(8) The ancillary online services covered by this Regulation are those services offered by broadcasting organisations which have a clear and subordinate relationship to the broadcast. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, within a defined time period after the broadcast, to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch-up services). In addition, ancillary online services include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme's content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, the provision of access to works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos, do not fall under the definition of ancillary online service.deleted

Amendment 76 #

Isabella ADINOLFI, Laura FERRARA, David BORRELLI, Dario TAMBURRANO

Proposal for a regulation
Recital 8

(8) The ~~ancillary~~ online services covered by this Regulation are exclusively those services offered by broadcasting organisations ~~which have a clear and subordinate relationship to the broadcast~~. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access~~, within a defined time period~~ in a non linear manner during, before or after the broadcast, to television and radio programmes which have been previously or will be broadcast by the broadcasting organisation (~~so-called~~e.g. catch- up services~~). In addition, ancillary online services~~, webcasting or previews). In addition, they include services which give access to material which enriches or, otherwise expands or improves the accessibility of television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme's content. ~~The provision of access t~~In order to reach younger audiences, which mainly consume audio iandi audiovidsual ~~works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, t~~content online, it is crucial to enable broadcasting organisations to also disseminate across borders content designed for the online environment. Therefore, online services also include services by or under the control and responsibility of a broadcasting organisation giving access only online to audio and audiovisual content. The provision of access to individual works or other protected subject matter ~~independently of broadcast~~, such as services giving access to individual musical or audiovisual works, music albums or videos, by service providers other than broadcasting organisations, e.g. video-on-demand or music-streaming platforms, do not fall under the definition of an~~cillary~~ online service for the purpose of this Regulation.

Amendment 77 #

Proposal for a regulation
Recital 8

(8) The ~~ancillary~~ online services covered by this Regulation are those services offered by broadcasting organisations ~~which~~and service providers, which could have a clear and subordinate relationship to the broadcast or consist in online-only TV and radio-like services. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, within a defined time period after the broadcast, to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch- up services)~~. In addition, ancillary online services include~~ and services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme's content. ~~The provis~~In addition, o~~f ac~~nline servicess ~~to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, t~~include: online-only linear transmission (for example, webcasting), not linked to the broadcast, transmitted by broadcasting organisations and/or services providers, services provided simultaneously with, or for a defined period of time after, their transmission, services giving access to any material, produced by or for the broadcasting organisation or the service provider, ancillary to such transmission. The provision of access to individual works or other protected subject matter ~~independently of broadcast, such as services giv~~that have been incorporated ing a~~ccess to individual musical~~ television or raudio~~visual works, music albums or videos, do not fall under the definition of ancillary~~ programme should not be regarded as an online service.

Amendment 78 #

Proposal for a regulation
Recital 8

(8) The ~~ancillary~~ online services covered by this Regulation are ~~those services offered by broadcasting organisations which have a clear and subordinate relationship to the broadcast. They include~~ services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access~~, within a defined time period after the broadcast,~~ to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch- up services). In addition, ancillary online services include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme's content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, the provision of access to works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos, do not fall under the definition of ancillary online service.

Amendment 79 #

Tiemo WÖLKEN, Josef WEIDENHOLZER, Evelyn REGNER, Evelyne GEBHARDT, Lidia Joanna GERINGER DE OEDENBERG, Victor NEGRESCU

Proposal for a regulation
Recital 8

(8) The ~~ancillary~~ online services covered by this Regulation are ~~those~~ services ~~offered by broadcasting organisations which have a clear and subordinate relationship to the broadcast. They~~giving access to television and radio content includeing services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, within a defined time period after the broadcast, to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch- up services). ~~In addition, ancillary online services~~They include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme's content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, as well as material genuinely produced for the online environment. Public broadcasters in particular need to be able to use different dissemination channels to reach different audiences in order to fulfil their public service mandate. In order to reach all categories of audiences, the possibility to disseminate services designed specifically for the online environment is crucial. Therefore, the provision of access to individual works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos~~, do not fall under~~ and webcasting are included in the scope of the definition of ~~ancillary~~ online service.

Amendment 80 #

Proposal for a regulation
Recital 8

(8) The ~~ancillary~~ online services covered by this Regulation are those services ~~offered by broadcasting organisations which have a clear and subordinate relationship to the broadcast~~giving access to television and radio content offered by broadcasting organisations. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, ~~within a defined time period after the broadcast,~~ to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch- up services). In addition, ~~ancillary~~ online services include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme's content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, the provision of access to works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos, do not fall under the definition of ancillary , as well as material genuinely produced for the digital environment. Such access is particularly important to reach younger audiences. Younger audiences are the main users of the internet as a means of watching television and listening to radio programmes. Therefore it is essential to enable broadcasters to disseminate also such kinds of programmes online across national borders. In particular broadcasters with a public service mission, which are financed by public funds, paid by citizens' contributions, need to adapt to this changing consumer behaviour. Otherwise their right to exist might be put into questionl in~~e servic~~ the future.

Amendment 81 #

Julia REDA, Max ANDERSSON, Lidia Joanna GERINGER DE OEDENBERG

Proposal for a regulation
Recital 8

(8) The ~~ancillary~~ online services covered by this Regulation are those services offered by broadcasting organisations which have a clear and subordinate relationship to the broadcast. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, within a defined time period after the broadcast,services giving access to television and radio content including services giving access to television and radio programmes which have been previously broadcasted by the broadcasting organisation (so-called catch- up services). ~~In addition, ancillary online services~~They include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme's content~~. The provision of access to individual works~~ , as well as content genuinely produced or licensed for othe~~r protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly~~ online environment. Public broadcasters in particular need to be able to use different dissemination channels to reach different audiences in order to fulfil their public service mandate. In order to reach younger audiences, the possibility to disseminate services designed for the online environment is crucial. Therefore, the provision of access to works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos~~, do not fall under~~ licensed for the broadcaster, and webcasting are included in the scope of the definition of ~~ancillary~~ online services.

Amendment 82 #

Proposal for a regulation
Recital 9

Amendment 83 #

Marie-Christine BOUTONNET, Dominique BILDE, Mylène TROSZCZYNSKI

Proposal for a regulation
Recital 9

Amendment 84 #

Proposal for a regulation
Recital 9

Amendment 85 #

Proposal for a regulation
Recital 9

Amendment 86 #

Proposal for a regulation
Recital 9

Amendment 87 #

Proposal for a regulation
Recital 9

(9) In order to facilitate the clearance of rights for the provision of ~~ancillary~~ online services across borders it is necessary to provide for the establishment of the country of origin principle as regards the exercise of copyright and related rights relevant for acts occurring in the course of the provision of, the access to or the use of an ~~ancillary~~ online service. That principle of country of origin should apply exclusively to the relationship between right holders (or entities representing right holders such as collective management organisations) and broadcasting organisations and ~~solely for the purpose of the provision of, the access to or the use of an ancillary online service. The principle of country of origin should not apply~~ to any subsequent communication to the public or reproduction of content which is protected by copyright or related rights and which is contained in the ~~ancillary~~ online service.

Amendment 88 #

Isabella ADINOLFI, Laura FERRARA, David BORRELLI, Dario TAMBURRANO

Proposal for a regulation
Recital 9

Amendment 89 #

Proposal for a regulation
Recital 9

(9) In order to facilitate the clearance of rights for the provision of ~~ancillary~~ online services across borders it is necessary to provide for the establishment of the country of origin principle as regards the exercise of copyright and related rights relevant for acts occurring in the course of the provision of, the access to or the use of an ~~ancillary~~ online service. That principle of country of origin should apply ~~exclusively~~ to the relationship between right holders (or entities representing right holders such as collective management organisations) and broadcasting organisations ~~and solely for the purpose of the provision of, the access to or the use of an ancillary online service. The principle of country of origin should not apply~~or service providers and to any subsequent communication to the public or reproduction of content which is protected by copyright or related rights and which is contained in the ~~ancillary~~ online service.

Amendment 90 #

Proposal for a regulation
Recital 9

(9) In order to facilitate the clearance of rights~~for~~ allowing the pbro~~vision of~~adcaster to provide ancillary online services relating to political news or current affairs programmes across borders it is necessary to provide for the establishment of the country of origin principle as regards the exercise of copyright and related rights relevant for acts occurring in the course of the provision of, the access to or the use of an ancillary online service. That principle of country of origin should apply exclusively to the relationship between right holders (or entities representing right holders such as collective management organisations) and broadcasting organisations and solely for the purpose of the provision of, the access to or the use of an ancillary online service. The principle of country of origin should not apply to any subsequent communication to the public or reproduction of content which is protected by copyright or related rights and which is contained in the ancillary broadcaster online service.

Amendment 91 #

Proposal for a regulation
Recital 9

(9) In order to facilitate the clearance of rights for the provision of ancillary online services comprised solely of programmes dedicated to news or current affairs across borders it is necessary to provide for the establishment of the country of origin principle as regards the exercise of copyright and related rights relevant for acts occurring in the course of the provision of, the access to or the use of an ancillary online service. That principle of country of origin should apply exclusively to the relationship between right holders (or entities representing right holders such as collective management organisations) and broadcasting organisations and solely for the purpose of the provision of, the access to or the use of ansuch ancillary online services. The principle of country of origin should not apply to any subsequent communication to the public or reproduction of content which is protected by copyright or related rights and which is contained in the ancillary online service.

Amendment 92 #

Proposal for a regulation
Recital 9a (new)

(9a) The country of origin principle provided for in Article 2 should not apply to ancillary online services which are primarily or solely targeted to a Member State other than that in which the broadcasting organisation has its principal establishment.Such a service, primarily or solely targeted at a particular Member State, is a service whose programme is clearly aimed at the population of a specific Member State other than that in which the broadcasting organisation has its principal place of establishment, whose audience is clearly limited to that population and for which it is unlikely that listeners or viewers will be found outside the State at which it is targeted. Aspects which make it possible to identify the target audience include in particular language, including the language used in subtitles, advertising, dubbing, the audience at which the promotion of the broadcasting service is aimed and/or the local character of the programming.

Amendment 93 #

Marie-Christine BOUTONNET, Dominique BILDE, Mylène TROSZCZYNSKI

Proposal for a regulation
Recital 10

(10) Since the provision of, the access to or the use of an ancillary online service is deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment, while de facto the ancillary online service can be provided across borders to other Member States, it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question, the parties should take into account all aspects of the ancillary online service such as the features of the service, the audience, including the audience in the Member State in which the broadcasting organisation has its principal establishment and in other Member States in which the ancillary online service is accessed and used, and the language version.deleted

Amendment 94 #

Proposal for a regulation
Recital 10

(10) Since the provision of, the access to or the use of an ancillary online service is deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment, while de facto the ancillary online service can be provided across borders to other Member States, it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question, the parties should take into account all aspects of the ancillary online service such as the features of the service, the audience, including the audience in the Member State in which the broadcasting organisation has its principal establishment and in other Member States in which the ancillary online service is accessed and used, and the language version.deleted

Amendment 95 #

Proposal for a regulation
Recital 10

(10) Since the provision of, the access to or the use of an ancillary online service is deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment, while de facto the ancillary online service can be provided across borders to other Member States, it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question, the parties should take into account all aspects of the ancillary online service such as the features of the service, the audience, including the audience in the Member State in which the broadcasting organisation has its principal establishment and in other Member States in which the ancillary online service is accessed and used, and the language version.deleted

Amendment 96 #

Julia REDA, Max ANDERSSON, Lidia Joanna GERINGER DE OEDENBERG

Proposal for a regulation
Recital 10

(10) Since the provision of, the access to or the use of an ~~ancillary~~ online service is deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment, while de facto the ancillary online service can be provided across borders to other Member States, it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question, the parties should take into account all aspects of the ~~ancillary~~ online service such as the features of the service, the audience, including the audience in the Member State in which the broadcasting organisation has its principal establishment and in other Member States in which the ~~ancil~~online service is accessed and used, and all available language versions. The consideration of language versions is particularly ~~online service is accessed and used, and the language version.~~ important as they often limit the audience in Member States other than the Member States in which the broadcasting organisation has its principal establishment considerably. The use of freely licensed content by broadcasters, such as public sector information which is regularly published under a free license in line with Directive 2003/98/EC, is an important public policy goal. This goal would be undermined by the imposition of any unwaivable remuneration, as unwaivable remuneration is fundamentally incompatible with free licenses, which by definition allow a non-exclusive re-use free of charge. In order to ensure that broadcasters can continue to use freely licensed content under the country of origin principle set out in this Regulation, it is necessary to exclude any imposition of unwaivable remuneration by Member States.

Amendment 97 #

Tiemo WÖLKEN, Josef WEIDENHOLZER, Evelyn REGNER, Evelyne GEBHARDT, Lidia Joanna GERINGER DE OEDENBERG, Victor NEGRESCU

Proposal for a regulation
Recital 10

(10) Since the provision of, the access to or the use of an ~~ancillary~~ online service is deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment, while de facto the ~~ancillary~~ online service can be provided across borders to other Member States, it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question, the parties should take into account all aspects of the ~~ancillary~~ online service such as the features of the service, the audience, including the audience in the Member State in which the broadcasting organisation has its principal establishment and in other Member States in which the ~~ancillary online service is accessed and used, and the language version.~~ online service is accessed and used, and all available language versions. In the case of radio programmes, payments for the use of protected works with Collective Management Organizations follow a different method, due to different business model from music-only services : radio is a mixture of audio content which is well- edited and well-produced. Content is Free-To-Air/Free-To-Access, transmitted via wired or wireless means-such as, first and foremost, broadcast, but also cable, satellite or online-and typically consists of talk, stories, entertainment, news and music. The payments done for the rights in question are usually set as a percentage of the radios´revenues. So, as long as the actual, real and proven cross border audience remains minimal, no additional aspect needs to be taken into account for the payment of the considered rights.

Amendment 98 #

Proposal for a regulation
Recital 10

(10) Since the provision of, the access to or the use of an ancillary online service is deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment, while de facto the ancillary online service can be provided across borders to other Member States, it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question, the parties should take into account all aspects of the ancillary online service such as the features of the service, the audience, including the audience in the Member State in which the broadcasting organisation has its principal establishment and in other Member States in which the ancillary online service is accessed and used, and the language version. However, that does not imply any particular fee calculation methods, such as fees calculated on a 'per use' basis.

Amendment 99 #