Activities of Josef WEIDENHOLZER related to 2012/0180(COD)
Plenary speeches (1)
Copyright and related rights and multi-territorial licensing of rights in musical works for online uses (debate)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online uses in the internal market
Amendments (31)
Amendment 66 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to ensure that holders of copyright and related rights can fully benefit from the internal market when their rights are being managed collectively and that their freedom to exercise their rights is not undulyer any circumstances affected, it is necessary to provide for the inclusion of appropriate safeguards in the constituting documents of collecting societies. Moreover, in accordance with Directive 2006/123/EC collecting societies should not discriminate, directly or indirectly, between rightholders on the basis of their nationality, place of residence or place of establishment when providing their management services. Any direct or indirect discrimination on the basis of existing licences, extent of repertoire or expected sales should be avoided.
Amendment 67 #
Proposal for a directive
Recital 9
Recital 9
(9) Having the freedom to provide and to receive collective management services across national borders entails that rightholders are able to freely choose the collecting society for the management of their rights, such as public performance or broadcasting rights, or categories of rights, such as interactive communication to the public, provided the collecting society already manages such rights or categories of rights. This implies that rightholders can easily withdraw their rights or categories of rights from a collecting society and entrust or transfer all or part of them to another collecting society or another entity irrespective of the Member State of residence or the nationality of either the collecting society or the rightholder. Collecting societies managing different types of works and other subject matter, such as literary, musical or photographic works, should also allow this flexibility to rightholders as regards the management of different types of works and other subject matter. Collecting societies should inform rightholders of this choice and allow them to exercise it as easily as possible. Finally, this Directive should not prejudiprotect and enhance the possibilities of rightholders to manage their rights individually, including for non- commercial uses.
Amendment 73 #
Proposal for a directive
Recital 12
Recital 12
(12) Members of collecting societies should be alloware entitled to participate and vote in the general meeting; the exercise of these rights may only be subject to fair and proportionate restrictions. The exercise of voting rightsto vote and to stand for election should be made easy for all members.
Amendment 78 #
Proposal for a directive
Recital 16
Recital 16
(16) Since rightholders are entitled to be remunerated for the exploitation of their rights, it is important for any deduction, other than management fees or deductions required by national law, to be decided by theall members of collecting societies and for the societies to be transparent towards rightholders regarding the rules governing those deductions. Any such rightholder should have access easily, at any time and in a non-discriminatory manner to any social, cultural or educational service funded through such deductions. However, this Directive should not affect national law on any aspects that are not regulated by this Directive.
Amendment 81 #
Proposal for a directive
Recital 19
Recital 19
(19) To enhance the trust of rightholders, users and other collecting societies in the management services provided by collecting societies, each collecting society should be required to set up specific transparency measures. Each collecting society should therefore inform individual rightholders of the amounts paid to them and the corresponding deductions made. They should also be required to provide sufficient information, including financial information, to the other collecting societies whose rights they manage through representation agreements. Each collecting society should also make public enough information to ensure that rightholders, users and, other collecting societies and the general public understand how it is structured and how it carries out its activities. Collecting societies should in particular disclose to rightholders, users and, other collecting societies and the general public the scope of their repertoire and their rules on fees, deductions and tariffs.
Amendment 105 #
Proposal for a directive
Article 3 – point f
Article 3 – point f
(f) 'rights revenue' means income collected by a collecting society on behalf of rightholders, whether from an exclusive right, or a right to remuneration or a right to compensation;.
Amendment 106 #
Proposal for a directive
Article 3 – point i
Article 3 – point i
(i) 'user' means any natural person or legal entity who is carrying out acts subject to the authorisation of rightholders, or the remuneration of rightholders or the payment of compensation to rightholders and who is not acting in the capacity of a consumer;.
Amendment 116 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 a (new)
Article 5 – paragraph 2 – subparagraph 1 a (new)
When rightsholders authorise collecting societies to manage their rights, they shall also have the freedom not to have all their works managed by the collecting societies and shall be offered the possibility to exclude some works of the collective management. In case the authorisation is done on an exclusive basis, the authorisation shall have a limited term of no more than five years.
Amendment 120 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Members and rightholders of collecting societies shall be entitled to use alternative licences for commercial and non-commercial purposes.
Amendment 121 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Rightholders shall have the right to terminate the authorisation to manage rights, categories of rights or types of works and other subject matter granted to a collecting society or to withdraw from a collecting society any of the rights or categories of rights or types of works and other subject matter of their choice, for the Member States of their choice, upon serving reasonable notice not exceeding six months. The collecting society may decide that such termination or withdrawal will take effect only at the middle and at the end of the financial year, whichever is sooner after the expiry of the notice period.
Amendment 132 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Collecting societies shall accept rightholders as members if they fulfil the membership requirements. They may only refuse a request for membership on the basis of objective criteriaand transparent criteria. The rightholder must be given a clear explanation as to why the request for membership was refused. These criteria shall be included in the statute or the membership terms of the collecting society and shall be made publicly available. The criteria must be non-discriminatory and must not result in members being excluded on the grounds of the size of their repertoire, the expected volume of income in the form of fees or earlier licensing agreements.
Amendment 134 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The statute of the collecting society shall provide forlay down appropriate and effective democratic mechanisms of participation of its members in the collecting society's decision-making process. The representation of the different categories of membersmembers in all bodies involved in the decision-making process shall be fair and balanced and members shall have the right to vote and to stand for election at the general meeting.
Amendment 138 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The general meeting shall approve any amendments to the statute and the membership terms of the collecting society, where those terms are not regulated by the statute.
Amendment 139 #
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
Amendment 140 #
Proposal for a directive
Article 7 – paragraph 5 – point a
Article 7 – paragraph 5 – point a
(a) the policy on the distribution of the amounts due to rightholders, except where the general meeting decides to delegate this decision to the body exercising the supervisory function;
Amendment 142 #
Proposal for a directive
Article 7 – paragraph 5 – point b
Article 7 – paragraph 5 – point b
(b) the use of the amounts due to rightholders which cannot be distributed as set out in Article 12(2) except where the general meeting decides to delegate this decision to the body exercising the supervisory function;
Amendment 143 #
Proposal for a directive
Article 7 – paragraph 5 – point d a (new)
Article 7 – paragraph 5 – point d a (new)
(da) the statute of the collecting society;
Amendment 144 #
Proposal for a directive
Article 7 – paragraph 5 – point d b (new)
Article 7 – paragraph 5 – point d b (new)
(db) membership criteria and terms.
Amendment 146 #
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The general meeting shall control the activities of the collecting society by, at least, deciding on the appointment and removal of the auditor and approving the annual transparency report and the auditor's report. If there are duly substantiated doubts concerning the financial conduct of the society, the members shall have the right to appoint an internal or external auditor to carry out checks. The results of that audit must be forwarded to the competent national authority, so that appropriate procedures can be initiated.
Amendment 148 #
Proposal for a directive
Article 7 – paragraph 7
Article 7 – paragraph 7
Amendment 157 #
Proposal for a directive
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
Amendment 158 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 162 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 – introductory part
Article 9 – paragraph 2 – subparagraph 2 – introductory part
Those procedures shall include an annual individual statement by each of those persons and directors, given to the body entrusted with the supervisory function and made publically available, containing the following information:
Amendment 174 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that the collecting society regularly, transparently and diligently distributes and pays amounts due to allthe rightholders it represents. The collecting society shall carry out such distribution and payments no later than 12two months frombefore the end of the financial year in which the rights revenue was collected, unless objective reasons related in particular to reporting by users, the identification of rights, rightholders or to the matching of information on works and other subject matter with rightholders prevent the collecting society from respecting this deadline. The collecting society shall carry out such distribution and payments accurately, ensuring equal treatment of all categories of rightholders.
Amendment 180 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where the amounts due to rightholders cannot be distributed, after fivetwo years from the end of the financial year in which the collection of the rights revenue occurred, and provided that the collecting society has taken all necessary measures to identify and locate the rightholders, the collecting society shall decide on the use of the amounts concerned in accordance with Article 7(5)(b), without prejudice to the right of the rightholder to claim such amounts from the collecting society.
Amendment 189 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
Tariffs for exclusive rights shall properly reflect the economic value of the rights in trade and of the service provided by the collecting society.
Amendment 191 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 3
Article 15 – paragraph 2 – subparagraph 3
In the absence of any national law which establishes the amounts due to rightholders in respect of a right to remuneration and a right to compensation, the collecting society shall base its own determination of those amounts due, on the economic value of those rights in trade.
Amendment 200 #
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. Member States shall ensure that a collecting society makes available and publishes the following information available at the request of any rightholder whose rights it represents, any collecting society on whose behalf it manages rights under a representation agreement or any user, by electronic means, without undue delay:
Amendment 205 #
Proposal for a directive
Article 19 – paragraph 1 – point g a (new)
Article 19 – paragraph 1 – point g a (new)
(ga) a list of all musical works and musical rights in respect of which royalties are collected;
Amendment 211 #
Proposal for a directive
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 214 #
Proposal for a directive
Article 23 – paragraph 1
Article 23 – paragraph 1
1. A collecting society which grants multi- territorial licences for online rights in musical works shall provide to online music service providers, rightholders and other collecting societies, by electronic means, up-to-date informationmake up-to-date information publicly available to allowing the identification of the online music repertoire it represents. This shall include the musical works represented, the rights represented, in whole or in part, and the Member States represented.