Activities of Julia REDA related to 2016/0284(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes PDF (994 KB) DOC (171 KB)
Amendments (54)
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 30 #
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 further increases the complexity of the rights’ clearance.
Amendment 30 #
Proposal for a regulation
Recital 2
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 unabridgunaltered, 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 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 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 #
Proposal for a regulation
Recital 8
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 servicesThey 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 other 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 44 #
Proposal for a regulation
Recital 7
Recital 7
(7) Therefore, cross-border provision of online services ancillary tof 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 54 #
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 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 ent is limited wsuring then compared 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 8
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 servicesThey 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 59 #
Proposal for a regulation
Recital 6
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 9
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 14 b (new)
Recital 14 b (new)
Amendment 69 #
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 programmeof 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 74 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
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 whichor licenced to ist ancillary to such broadcastd any service by the broadcasting organisation providing access to works under the editorial responsibility of the broadcasting organisation;
Amendment 74 #
Proposal for a regulation
Recital 10
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 thall available language versions.
Amendment 81 #
Proposal for a regulation
Recital 8
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 servicesThey 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 other 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 88 #
Proposal for a regulation
Recital 9
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 96 #
Proposal for a regulation
Recital 10
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 ancilonline 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 105 #
Proposal for a regulation
Article 4 b (new)
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
Recital 15
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 106 #
Proposal for a regulation
Recital 11
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 114 #
Proposal for a regulation
Recital 17
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 programmescontent 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 programmescontent originating in other Member States.
Amendment 115 #
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 . 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 ent is limited wsuring then compared 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 18
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 134 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
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 byas of any material produced by or for the broadcasting organisation as well asor being part of anythe material producvided by or for the broadcasting organisation which is ancillary to such broadcaster to the public;
Amendment 135 #
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 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 141 #
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. _________________ 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 148 #
Proposal for a regulation
Recital 14a (new)
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 #
Proposal for a regulation
Recital 14 b (new)
Recital 14 b (new)
Amendment 150 #
Proposal for a regulation
Recital 14 c (new)
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 #
Proposal for a regulation
Recital 14d (new)
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 #
Proposal for a regulation
Recital 14e (new)
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 163 #
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 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 163 #
Proposal for a regulation
Recital 15
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 171 #
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 audience, the potential audience and theall language versions.
Amendment 176 #
Proposal for a regulation
Recital 17
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 programmescontent 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 Statescontent 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 179 #
Proposal for a regulation
Recital 18
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 186 #
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 programmescontent 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 191 #
Proposal for a regulation
Article –1 (new)
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 198 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
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 whichor licenced to ist ancillary to such broadcastd any service by the broadcasting organisation providing access to works under the editorial responsibility of the broadcasting organisation;
Amendment 202 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
Amendment 204 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) "retransmission" means any simultaneous, unaltered and unabridgunaltered 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 218 #
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 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 233 #
Proposal for a regulation
Article 2 – title
Article 2 – title
Application of the principle of ‘country of origin’ to ancillary online services by broadcasters
Amendment 240 #
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 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 256 #
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 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 263 #
Proposal for a regulation
Article 2 – paragraph 2 a (new)
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 301 #
Proposal for a regulation
Article 3 – paragraph 5 a (new)
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 #
Proposal for a regulation
Article 3 – paragraph 5 b (new)
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 317 #
Proposal for a regulation
Article 4 a (new)
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 #
Proposal for a regulation
Article 4 b (new)
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 #
Proposal for a regulation
Article 4 c (new)
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 325 #
Proposal for a regulation
Article 5 – paragraph 1
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 330 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
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.