29 Amendments of Marc JOULAUD related to 2016/0284(COD)
Amendment 48 #
Proposal for a regulation
Recital 4
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 andor other protected subject matter included in the retransmittedperform an act of communication to the public, whether the television andor 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 works 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 53 #
Proposal for a regulation
Recital 4 a (new)
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 92 #
Proposal for a regulation
Recital 9a (new)
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 119 #
Proposal for a regulation
Recital 12
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 a, both offered offeren closed-circuit IP networks and on the open internet should be exincluded fromin 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 limitewhere they are provided to a defined number of users (e.g. subscribers, registered users) and wthen compared for example to crefore comparable tor closed circuit IP-based networks.
Amendment 126 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
Amendment 129 #
Proposal for a regulation
Recital 13
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 ParliamentThe 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 146 #
Proposal for a regulation
Recital 14 a (new)
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 152 #
Proposal for a regulation
Article 2
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 168 #
Proposal for a regulation
Recital 16
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 185 #
Proposal for a regulation
Recital 19
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 otherwith a view to providing such services in any Member States of the Union,.
Amendment 196 #
Proposal for a regulation
Article 5
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 205 #
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 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 213 #
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- 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 222 #
Proposal for a regulation
Article 1 – paragraph 1 – point b b (new)
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 231 #
Proposal for a regulation
Article 2 – title
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 249 #
Proposal for a regulation
Article 2 – paragraph 1 a (new)
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 250 #
Proposal for a regulation
Article 2 – paragraph 1 b (new)
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 252 #
Proposal for a regulation
Article 2 – paragraph 1 c (new)
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)
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 257 #
Proposal for a regulation
Article 2 – paragraph 2
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 273 #
Proposal for a regulation
Article 3 – title
Article 3 – title
Exercise of the rights in retransmissionother than by cable by right holders other than broadcasting organisations
Amendment 277 #
Proposal for a regulation
Article 3 – paragraph 1
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)
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 284 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 285 #
Proposal for a regulation
Article 3 – paragraph 3
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.
Amendment 296 #
Proposal for a regulation
Article 3 – paragraph 5
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 305 #
Proposal for a regulation
Article 3 a (new)
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 307 #
Proposal for a regulation
Article 4 – title
Article 4 – title
Exercise of the rights in retransmissionbyby broadcasting organisationsof the rights in retransmission, other than by cable, of an original broadcast ing organisations another Member State
Amendment 312 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)