Activities of Bogdan Brunon WENTA related to 2015/0284(COD)
Plenary speeches (1)
Cross-border portability of online content services in the internal market (debate) PL
Amendments (17)
Amendment 21 #
Proposal for a regulation
Recital 1
Recital 1
(1) Since the internal market comprises an area without internal frontiers relying, inter alia, on the free movement of services and persons, it is necessary to provide that consumers can use online content services which legally offer access to content such as music, games, films or sporting events not only in their Member State of residence but also when they are temporarily present in other Member States of the Union. Therefore, barriers that hamper temporary access and use of such online content services cross border should be eliminated.
Amendment 33 #
Proposal for a regulation
Recital 4
Recital 4
(4) There are a number of barriers which hinder the provision of these services to consumers temporarily present in another Member State. Certain online services include content such as music, games or films which are protected by copyright and/or related rights under Union law. In particular, the obstacles to cross- border portability of online content services stem from the fact that the rights for the transmission of content protected by copyright and/or related rights such as audiovisual works are often licensed on a territorial basis as well as from the fact that online service providers may choose to serve specific markets only. These practices play a strong role in the financing of European cultural content and respond to the needs of European markets. While such practices should not hamper the legitimate access to and use of online content services by consumers when they are temporarily present in another Member State, the territorial licencing system remains vital for the continuation of a strong European cultural diversity.
Amendment 56 #
Proposal for a regulation
Recital 17
Recital 17
(17) Online content services which are provided without payment of money are also included in the scope of this Regulation to the extent that providers verify the Member State of residence of their subscribers. Online content services which are provided without the payment of money and whose providers do not verify the Member State of residence of their subscribers and choose freely to allow the access and use of their service to their subscribers. Online content services which are provided without the payment of money should be outside the scope of this Regulation as their mandatory inclusion would involve a major change to the way these services are delivered and involve disproportionate costs. As concernsonline content services which are provided without the payment of money are nevertheless important actors on the market, it should remain possible for them to offer cross- border portability to their subscribers under the strict condition that they take all the measures necessary to comply with this Regulation. As concerns the determination and verification of the subscriber's Member State of residence, information such as a payment of a licence fee for other services provided in the Member State of residence, the existence of a contract for internet or telephone connection, IP address or other means of authentication, should be relied upon, if they enable the provider to have reasonable indicators as to the Member State of residence of its subscribers.
Amendment 61 #
Proposal for a regulation
Recital 18
Recital 18
(18) In order to ensure the cross-border portability of online content services it is necessary to require that online service providers enable their subscribers to use the service in the Member State of their temporary presence by providing them access to the same content on the same range and number of devices, for the same number of users and with the same range of functionalities as those offered in their Member State of residence. This obligation is mandatory and therefore the parties may not exclude it, derogate from it or vary its effect. Any action by a service provider which would prevent the subscriber from accessing or using the service while temporarily present in a Member State and not infringe this Regulation, for example restrictions to the functionalities of the service or to the quality of its delivery, would amount to a circumvention of the obligation to enable cross-border portability of online content services and therefore would be contrary to this Regulation.
Amendment 73 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) The providers and holders of rights relevant for the provision of online content services should not be allowed to circumvent the application of this Regulation by choosing the law of a third country as the law applicable to contracts between them or to contracts between providers and subscribers.
Amendment 80 #
Proposal for a regulation
Recital 23
Recital 23
(23) Service providers should ensure that their subscribers are properly informed about the conditions of enjoyment of online content services in Member States other than the Member State of residence of the subscribers. The Regulation enables right holders to require that the service provider make use of effective means in order to verify that the online content service is provided in conformity with this Regulation. It is necessary, however, to ensure that the required means are reasonable, adapted to the nature of the online content service concerned and do not go beyond what is necessary in order to achieve this purpose. Examples of the necessary technical and organisational measures may include sampling of IP address instead of constant monitoring of location, transparent information to the individuals about the methods used for the verification and its purposes, and appropriate security measures. Considering that for purposes of the verification what matters is not the location, but rather, in which Member State the subscriber is accessing the service, precise location data should not be collected and processed for this purpose. Similarly, where authentication of a subscriber is sufficient in order to deliver the service provided, identification of the subscriber should not be required.
Amendment 89 #
Proposal for a regulation
Recital 27
Recital 27
(27) As the Regulation will therefore apply to some contracts and rights acquired before the date of its application, it is also appropriate to provide for a reasonable period between the date of entry into force of this Regulation and the date of its application allowing right holders and service providers to make the arrangements necessary to adapt to the new situation, as well as allowing service providers to amend the terms of use of their services. Changes to the terms of use of online content services offered in packages combining an electronic communications service and an online content service made strictly in order to comply with this Regulation should not trigger any right for subscribers under national laws transposing the regulatory framework for electronic communications networks and services to withdraw from contracts for the provision of such electronic communications services.
Amendment 90 #
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) In order to guarantee the proper implementation of the Regulation, to provide the online content service providers, the relevant right holders and the consumers with a national one-stop shop, and to allow the Commission to easily gather and exchange relevant data, the Member States should create or designate a body to follow the implementation of this Regulation. As this Regulation will affect the relationship between every actor on the value chain, it is also necessary that this body is able to receive and offer interpretation on possible disagreements emerging from the way in which the actors of the value chain implement this Regulation.
Amendment 104 #
Proposal for a regulation
Article 2 – point c
Article 2 – point c
(c) "Member State of residence" means the Member State where the subscriber is habitually residing, established on the basis of Article 3b, where the subscriber has his or her actual and stable residence to which he or she returns regularly;
Amendment 120 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
(1) The provider of an online content service provided against payment of money shall enable a subscriber who is temporarily present in a Member State to access and use the online content service.
Amendment 128 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a Opt-in The provider of an online content service provided without payment of money may choose to enable a subscriber who is temporarily present in a Member State to access and use the online content service provided that: (a) it determines and verifies the Member State of residence of its subscribers in accordance with this Regulation; (b) it informs the relevant holders of copyright and related rights or those holding any other rights in the content of an online content service, as well as its subscribers, within a reasonable time period before enabling such access and use; and (c) it applies the provisions of this Regulation from the moment it enables the cross-border portability for its subscribers.
Amendment 133 #
Proposal for a regulation
Article 3 b (new)
Article 3 b (new)
Amendment 135 #
Proposal for a regulation
Article 3 c (new)
Article 3 c (new)
Article 3c Verification of the Member State of residence 1. The provider of an online content service enabling the access to and use of an online content service for a subscriber who is temporarily present in a Member State shall take effective measures to verify on a regular basis the Member State of residence of its subscribers, and make sure that the access to and use of the service complies with this Regulation. 2. To comply with obligation set out in paragraph 1, the service provider may, inter alia: (a) sample or periodically check the IP address; (b) request proof as set out in Article 3b(2). 3. Should the provider have grounds to reasonably doubt that a subscriber is accessing and using its service in accordance with this Regulation, it shall take further measures to verify the Member State of residence of the subscriber. 4. The verification measures shall be reasonable, proportionate and not go beyond what is necessary in order to achieve the purpose of this Regulation. 5. The relevant holders of copyright and related rights or those holding any other rights in the content of an online content service shall be informed of the verification process followed by the provider to verify the Member State of residence of its subscriber. 6. The provider shall be entitled to request the subscriber to provide the information necessary for the verification of the Member State of residence. If the subscriber fails to provide that information and as a result the provider is unable to verify the Member State of residence as required by this Regulation, the provider shall not, on the basis of this Regulation, enable this subscriber to access or use the online content service when he or she is temporarily present in a Member State.
Amendment 138 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The provision of an online content service to, as well as the access to and the use of this service by, a subscriber, in accordance with Article 3(1), shall be deemed to occur solely in the Member State of residence including for the purposes of Directive 96/9/EC, Directive 2001/29/EC, Directive 2006/115/EC, Directive 2009/24 and Directive 2010/13/EU.
Amendment 142 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
(1) Any contractual provisions including those between holders of copyright and related rights, those holding any other rights relevant for the use of content in online content services and service providers, as well as between service providers and subscribers which are contrary to Articles 3(1) and Articles 3b, 3c and 4 shall be unenforceable.
Amendment 147 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
(2) Notwithstanding paragraph 1, holders of copyright and related rights or those holding any other rights in the content of online content services may require that the service provider make use of effective means in order to verify that the online content service is provided in conformity with Article 3(1)provides information on the measures taken in conformity with Articles 3b and 3c and, if reasonable and strictly necessary, require the implementation of further measures, provided that the required meansures are reasonable and do not go beyond what is necessary in order to achieve their purpose.
Amendment 156 #
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
It shall apply from [date: 612 months following the day of its publication].