Activities of José BLANCO LÓPEZ related to 2016/0284(COD)
Shadow opinions (1)
OPINION 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
Amendments (27)
Amendment 25 #
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 and current affairs 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 27 #
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 40 #
Proposal for a regulation
Recital 7
Recital 7
(7) Therefore, in order to facilitate cross-border provision of online services ancillary to broadcast and retransmissions of television and radio programmes originating in other Member States should be facilitated byis necessary to adapting the legal framework on the exercise of copyright and related rights relevant for those activities.
Amendment 51 #
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 the language version. Online services which, taken as a whole, are primarily and mainly targeted at an audience outside the Member State in which the broadcasting organisation has its principal establishment are excluded from the scope of this Regulation.
Amendment 54 #
Proposal for a regulation
Recital 11
Recital 11
(11) Throughe possibilities enabled by this Regulation under no circumstance may they undermine the principles of contractual freedomterritoriality and contractual freedom. Through these principles 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 or certain language versions are concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union and Member States law.
Amendment 62 #
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 are offered on the open internet should be exincluded fromin the scope of this Regulation as those services have differlong as, whent 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 networksompared for example to cable or closed circuit IP-based networks, they can ensure a controlled environment and a clearly delimited user group (e.g. subscribers, registered users).
Amendment 67 #
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 73 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) The exemption provided for in Article 4 for the rights exercised by broadcasting organisations should not limit the choice of holders of rights to transfer their rights to a collective management organisation and thereby have a direct share in the remuneration paid by the operator of a retransmission service.
Amendment 74 #
Proposal for a regulation
Recital 15
Recital 15
Amendment 77 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15 a) Broadcasters that transmit their programme carrying signals through a direct injection process to distributors for reception by the public shall 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 distributors should therefore obtain an authorisation from the concerned rights holders as concerns their respective participation in such acts.
Amendment 83 #
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, and in the light of the entry into force of the Regulation of the European Parliament and of the Council on ensuring the cross-border portability of online content services in the internal market, 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, paying special attention to its impact on investment in European content.
Amendment 84 #
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 of broadcasters 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 of broadcasters, 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 other Member States of the Union,
Amendment 87 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) (1) "ancillary online service of a broadcaster" means an online service produced by a broadcasting organisation 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 theirsuch an organisation of the following services: (a) "Catch-up service" means a service consisting in the provision to the public of radio or television programmes which have been previously broadcast by the broadcasting organisation, and during a short period of time; (b) "Simulcasting service" means a service consisting in the provision to the public of radio or television programmes in a linear manner simultaneously to the broadcast; (c) "Ancillary expanded audiovisual material services" means services which give access to material which enriches or expands television and radio programmes broadcast by thea broadcasting organisation as well as of any material produced by or for the broadcasting organisation which is ancillary to such, 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 and the provision of access to works or other protected subject matter independently of broadcast, should not be regarded as an ancillary online service of a broadcast;er.
Amendment 100 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) (2) "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 and for which that party has acquired the relevant rights.
Amendment 101 #
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, in a closed environment, 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 those carried out by cable retransmission services operators 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 105 #
Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
Article 1 – paragraph 1 – point b a (new)
(b a) (3) "direct injection" means a two- or more step process whereby broadcasting organisations transmit the signals carrying their television or radio programmes intended for the reception by the public to service providers through a point-to-point communication -by wire or over the air, including by satellite – in such a way that the signals cannot be accessed by the general public during such transmission. Service providers offer these programmes to the public, simultaneously in an unaltered and unabridged manner, for viewing or listening by various techniques such as cable, microwave systems, satellite, digital terrestrial, IP-based, mobile or similar networks.
Amendment 108 #
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 115 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
(1) The acts of communication to the public and of making available of news and current affairs programmes 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 of news and current affairs programmes 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.
Amendment 119 #
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
(1 a) Paragraph 1 shall only apply to news, cultural, political or entertainment programmes provided by the broadcasting organisations aforementioned , unless otherwise agreed by the parties.
Amendment 125 #
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 aelevant rights 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.
Amendment 128 #
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
(2 a) By virtue of the principle of contractual freedom, the parties shall be entitled to continue agreeing on the introduction of limits on the exploitation of the rights referred to in paragraph 1, provided that any such limitations are in compliance with Union and the Member States law.
Amendment 131 #
Proposal for a regulation
Article 2 – paragraph 2 b (new)
Article 2 – paragraph 2 b (new)
(2 b) Paragraph 1 shall not apply to ancillary online services that are primarily and mainly targeted at an audience outside the Member State in which the broadcasting organisation has its principal establishment.
Amendment 135 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
(1 a) When an author has transferred his or her right to retransmission to a producer, he or she shall retain an unwaivable right to obtain an equitable remuneration for the retransmission of the work which may be exercised only through a collective management organisation representing authors, unless other collective management agreements guarantee such remuneration to audiovisual authors.
Amendment 143 #
Proposal for a regulation
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
(5 a) (6) Paragraphs 1 to 5 shall apply to service providers who transmit to the public television and radio programmes of broadcasting organisations received through direct injection.
Amendment 145 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Exploitation of broadcasting programmes through a direct injection process Broadcasting organisations that transmit their programme carrying signals through a direct injection process to distributors for reception by the public are jointly liable together with such 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. In such a situation, both the broadcasting organisation and the distributors involved in the process should obtain an authorisation from the relevant rights holders as concerns their respective participation and exploitation in such acts.
Amendment 146 #
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 149 #
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 of news and current affairs programmes occurring in the course of provision of an ancillary online service as well as for the acts of reproduction of news and current affairs programmes 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.