BETA

10 Amendments of Andrew LEWER related to 2016/0284(COD)

Amendment 48 #
Proposal for a regulation
Recital 7
(7) Therefore, cross-border provision of online services that are ancillary to broadcast, and retransmissions of television and radio programmes originating in other Member States, should be facilitated by adapting the particular legal framework on the exercise of copyright and related rights relevant for those specific activities.
2017/03/14
Committee: CULT
Amendment 62 #
Proposal for a regulation
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.deleted
2017/03/14
Committee: CULT
Amendment 69 #
Proposal for a regulation
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 the language version.deleted
2017/03/14
Committee: CULT
Amendment 78 #
Proposal for a regulation
Recital 11
(11) Through the principle of contractual freedom it will beremains 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 or certain language versions are concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union lawnd the necessarily territorial nature of certain contracts are concerned.
2017/03/14
Committee: CULT
Amendment 90 #
Proposal for a regulation
Recital 12
(12) Operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile and similar networks, provide services whichthat 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 whichthat are offered on the open internet should, however, be excluded from the scope of this Regulation as thosesuch services have different characteristics. They are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit IP-based networks.
2017/03/14
Committee: CULT
Amendment 102 #
Proposal for a regulation
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.deleted
2017/03/14
Committee: CULT
Amendment 118 #
Proposal for a regulation
Recital 18
(18) AIn line with the principles of better regulation, 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 of the Regulation, in particular on investment in European content, and 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.
2017/03/14
Committee: CULT
Amendment 125 #
Proposal for a regulation
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 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 broadcast;deleted
2017/03/14
Committee: CULT
Amendment 158 #
Proposal for a regulation
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.deleted
2017/03/14
Committee: CULT
Amendment 195 #
Proposal for a regulation
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
2017/03/14
Committee: CULT