16 Amendments of Dietmar KÖSTER related to 2016/0284(COD)
Amendment 58 #
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 afterafter or before the broadcast, to television and radio programmes which have been previously or will be broadcast by the broadcasting organisation (so-called catch- up services and previews). In addition, ancillary online services include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme’s content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, the provision of acIn order to reach younger audiences, which mainly consume television and radio programmes online, it is crucial to enable broadcasting organisations to also disseminate across borders content produced only for the online environment. Therefore, ancillary online services also include servicess to works oby or under other protected subject matter independentl control and responsibility of a broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos, do not fall under the definition of ancillary online serviceing organisation giving access only online to audio and audiovisual content.
Amendment 68 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) The country of origin principle should not apply to ancillary online services, which are primarily or solely targeted to a Member State other than the Member State in which the broadcasting organisation has its principal establishment. Such an ancillary online service is a service where it is obvious that the audience targeted by the service is limited to the population of a Member State other than the Member State in which the broadcasting organisation has its principal establishment and where it is unlikely that the service will have a significant number of users in the Member State in which the broadcasting organisation has its principle establishment.
Amendment 81 #
Proposal for a regulation
Recital 11
Recital 11
(11) Through the principles of territoriality and contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, especially as far as certain technical means of transmission, such as geo-blocking, or certain language versions are concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union law.
Amendment 85 #
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, as well as on the open internet, provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously, in an unaltered and unabridged manner, for reception by the public, an initial transmission from another Member State of television or radio programmes, where this initial transmission is by wire or over the air, including by satellite but excluding online transmissions, and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. Retransmission services which are offered on the open internet should only be excluded from the scope of this Regulation as those services have different characteristics. They are not linked to any particular infrastructure andif their ability to ensure a controlled environment is significantly limited when compared for example to cable or closed circuit IP-based networks. Where a retransmission service offered on the open internet is provided to a closed group of subscribers or registered users the service should be regarded as being provided in a controlled environment.
Amendment 92 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) The provisions of this Regulation are without prejudice to any existing or future arrangements in the Member States concerning the management of rights such as mandatory or extended collective licensing, legal presumptions or representation or transfer, collective management or similar arrangements or a combination of them.
Amendment 95 #
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, as well as on the open internet but in a controlled environment, and to overcome disparities in national law regarding such retransmission services, rules similar to those that apply to cable retransmission as defined in Directive 93/83/EEC should apply. The rules established in that Directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation. This is without prejudice to Directive 2014/26/EU18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation. _________________ 18 Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi- territorial licensing of rights in musical works for online use in the internal market, OJ L 84, 20.3.2014, p. 72–98.
Amendment 98 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) In order to meet with consumer demands, the exercise of retransmission rights as defined in this Regulation and in Council Directive 93/83/EEC should also apply to the re-use of the broadcasting organisation’s on-demand services by operators of retransmission services as well as to functionalities, which are closely connected to the linear broadcast for which the retransmission rights are obtained. Time shifted services, which are only made available for a limited period of time after the retransmission, such as internet-based PVR (personal video recording) and restart-TV should be regarded as examples for such functionalities.
Amendment 115 #
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, the impact the cross-border provision of ancillary online services has had on European creative industries, and especially on the financing of European audiovisual works, as well as to what extent the cross-border provision of ancillary online services has increased to the benefit of European consumers and hence also to the benefit of improved cultural diversity in the Union. The review should also include an impact assessment on whether there is a need to adapt the legal framework on the exercise of copyright and related rights relevant for operators, which receive the signals of a broadcasting organisation through direct injection and distribute to the public, simultaneously in an unaltered and unabridged manner, the television or radio programmes of that broadcasting organisation.
Amendment 131 #
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 or after their broadcast by the broadcasting organisation as well as of, any material produced by or for the broadcasting organisation which is ancillary to such broadcas, enriching or otherwise expanding the programmes broadcast by the broadcasting organisation, as well as services by or under the control and responsibility of a broadcasting organisation giving access only online to audio and audiovisual content;
Amendment 146 #
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 in a closed environment, other than cable retransmission as defined in Directive 93/83/EEC and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19 , intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite but excluding online transmission, of television or radio programmes intended for the reception by the public, provided that such retransmission is equivalent to retransmissions by operators of cable retransmission services and is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.
Amendment 168 #
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
(1a) Paragraph 1 does not affect the principles of territoriality and contractual freedom under copyright and is without prejudice to any right provided under Directive 2001/29/EC.
Amendment 169 #
Proposal for a regulation
Article 2 – paragraph 1 b (new)
Article 2 – paragraph 1 b (new)
(1b) Paragraph 1 shall not apply to ancillary online services that are mainly targeted at an audience in a Member State other than the Member State in which the broadcasting organisation has its principal establishment.
Amendment 176 #
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
(2a) With respect to the exercise of any right under the previous paragraphs, exclusive jurisdiction on any dispute related thereto shall be with the relevant body or authority of the Member State in which the broadcasting organisation providing the ancillary online service is established.
Amendment 185 #
Proposal for a regulation
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
(5a) The exercise of the rights in retransmission by right holders other than broadcasting organisations established in this regulation and in Council Directive 93/83/EEC also applies to the integral re- use of the broadcasting organisation’s on- demand services by a party other than the broadcasting organisation under whose control and responsibility such services were primarily made available.
Amendment 187 #
Proposal for a regulation
Article 3 – paragraph 5 b (new)
Article 3 – paragraph 5 b (new)
(5b) The exercise of the rights in retransmission by rightholders other than broadcasting organisations established in this regulation and in Council Directive 93/83/EEC also applies to functionalities that are closely connected to the linear retransmission and made available for a limited period of time after the retransmission, such as internet-based PVR (personal video recorder) and restart-TV.
Amendment 188 #
Proposal for a regulation
Article 3 – paragraph 5 c (new)
Article 3 – paragraph 5 c (new)
(5c) Where an author has transferred his or her right to retransmission to a broadcasting organisation or a producer, the author shall retain an unwaivable right to obtain an equitable remuneration from the retransmission operator for the retransmission of his or her work. The administration of such a right shall be entrusted to a collective management organisation representing authors. This provision shall not preclude collective bargaining agreements, operating arrangements and joint remuneration rules of broadcasting organisations, provided that the author is granted an equitable remuneration for the retransmission of his or her work.