12 Amendments of Constance LE GRIP related to 2016/0284(COD)
Amendment 35 #
Proposal for a regulation
Recital 3
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 67 #
Proposal for a regulation
Recital 7
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 and on the applicable law for that purpose.
Amendment 91 #
Proposal for a regulation
Recital 9
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 99 #
Proposal for a regulation
Recital 10
Recital 10
(10) Since the provision of, the access to or the use of an ancillary online service comprised solely of programmes dedicated to news or current affairs 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.
Amendment 104 #
Proposal for a regulation
Recital 11
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, espee 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 ancially aary services faor as certain technical means of transmission or certain language versterritories for which they received no licence, or for right-holders to require such restrictions areby concerned, provided thattract, insofar any such limitations of the exploitation of those rights are in compliance with Union law.
Amendment 113 #
Proposal for a regulation
Recital 11a (new)
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 162 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to prevent circumvention of the application of the country of origin principleprinciples 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 origins also to existing agreements but with a transitional period.
Amendment 209 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
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 219 #
Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
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 in a way that the signals cannot be accessed by the public during this transmission.
Amendment 232 #
Proposal for a regulation
Article 2 – title
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 241 #
Proposal for a regulation
Article 2 – paragraph 1
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 269 #
Proposal for a regulation
Article 2 a (new)
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.