Activities of Giorgos GRAMMATIKAKIS related to 2015/0284(COD)
Plenary speeches (1)
Cross-border portability of online content services in the internal market (debate) EL
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on ensuring the cross-border portability of online content services in the internal market
Amendments (27)
Amendment 30 #
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 oftennot always licensed on a multi-territorial basis as well as from the fact that online service providers may choose to serve specific markets only.
Amendment 36 #
Proposal for a regulation
Recital 11
Recital 11
(11) In addition, the Court held in Joined cases C-403/08 and C-429/08, Football Association Premier League and Others, EU:C:2011:631, that certain restrictions to the provision of servicesa restriction to the provision of services, consisting in the prohibition on the use of foreign decoding devices in the context of an encrypted satellite broadcasting service of live sporting events, cannot be justified in light of the objective of protecting intellectual property rights.
Amendment 37 #
Proposal for a regulation
Recital 12
Recital 12
(12) Therefore, the objective of this Regulation is to adapt the legal framework in order to ensure that the licensing of rights no longer presents barriers to cross-border pprovide a common approach to the provision of online content services to subscribers temporarily present in Member States other than their Member State of residence, without undermining ort abiolity of online content services in the Union and that the cross- border portability can be ensuredshing the territorial and multi- territorial licensing of rights as they play a key role in the financing, production and distribution of European audiovisual content.
Amendment 44 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) This Regulation provides legal and technical solutions to enable cross-border portability of online content services legally acquired for subscribers temporarily present in another Member State. It does not aim to change and should not affect the existing system of territorial licensing, which is key in the financing, production and distribution of European audiovisual works.
Amendment 58 #
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 toThe problems associated with 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. differ from one sector to another: whereas the music industry began to resolve these problems by proposing multi-territorial or pan-European licenses following the implementation of Directive 2014/26/EU of the European Parliament and of the Council1a, the audiovisual sector, where the model of exclusive territorial licensing predominates, is currently confronted with barriers in providing their content services on a portable basis across the Union. This Regulation aims to solve all the difficulties of adjusting to portability in all sectors concerned through a legal fiction, without affecting the high level of protection guaranteed by the copyright and related rights in the Union, especially the existing territorial licensing model. _____________________ 1aDirective 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).
Amendment 62 #
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) A derogation from the obligation to offer cross-border portability on certain non-portable devices may be allowed in very limited circumstances where guaranteeing access for a subscriber would require the online service provider to enter into a separate contractual agreement with a third party device manufacturer or platform controller, as this may be technologically unfeasible or legally challenging.
Amendment 65 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to ensure that providers of online content services comply with the obligation to provide cross-border portability of their services without acquiringinfringing the territorial exclusivity of the relevant rights in another Member State, it is necessary to stipulate that those service providers which lawfully provide portable online content services in the Member State of residence of subscribers are always entitled to provide such services to those subscribers when they are temporarily present in another Member State. This should be achieved by establishing that the provision, the access to and the use of such online content service should be deemed to occur in the Member State of the subscriber's residence. This legal fiction should only be employed to enable cross- border portability and should be distinguished from cross-border access, which is outside the scope of this Regulation.
Amendment 67 #
Proposal for a regulation
Recital 10
Recital 10
(10) The acquisition of a licence for the relevant rights is not always possible, notably when rights in content are licensed on an exclusive basis. In order to ensure the territorial exclusivity, online service providers often undertake, in their licence contracts with right holders, including broadcasting organisations or events organisers, to prevent their subscribers from accessing and using their service outside the territory for which the service provider holds the licence. These contractual restrictions imposed on service providers require providers to take measures such as disallowing access to their services from IP addresses located outside the territory concerned. Therefore, one of the obstWhile ensuring that the principle of territoriality is respected, which is essential for the proper development and sustainable financing of the European audiovisual and cinematographic sector, this Regulation should satisfy the demand for aclcess to the cross-border portability, and use of, online content services is to be found in the contracts concluded between the online service providers and their subscribers, which in turn reflect the territorial restriction clauses included in contracts concluded between those service providers and right holderson a portable basis across the Union for any subscriber temporarily present in a Member State other than his or her Member State of residence.
Amendment 68 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) This Regulation should not be interpreted as restricting a service provider from offering its services to a customer permanently located in another Member State, provided that the necessary licences have been acquired in accordance with Directive 2001/29/EC and Directive 2014/26/EU of the European Parliament and of the Council1a and that they have authorisation from the right holders to use their content. __________________ 1a 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).
Amendment 71 #
Proposal for a regulation
Recital 21
Recital 21
(21) For the licensing of copyright and related rights, this means that relevant acts of reproduction, communication to the public and making available of works and other protected subject-matter, as well as the acts of extraction or re-utilization in relation to databases protected by sui generis rights, which occur when the service is provided to subscribers when they are temporarily present in a Member State other than their Member State of residence, should be deemed to occur in the subscribers' Member State of residence. The service providers, therefore, should be deemed to carry out such acts on the basis of the respective authorisations from the right holders concerned for the Member State of residence of these subscribers. Whenever service providers can carry out acts of communication to the public or reproduction in the Member State of the subscriber on the basis of an authorisation from the right holders concerned, a subscriber who is temporarily present in a Member State other than his Member State of residence should be able to access and use the service and where necessary carry out any relevant acts of reproduction such as downloading which he would be entitled to do in his own Member State of residence. Tresidence. Provided that the Member State of residence of the subscriber has been effectively verified in accordance with this Regulation, the provision of an online content service by a service provider to a subscriber temporarily present in a Member State other than his or her Member State of residence and the use of the service by such a subscriber in accordance with this Regulation should not constitute a breach of copyright and related rights or any other rights relevant for the use of the content in the service.
Amendment 72 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) To safeguard cultural and linguistic diversity, the production, marketing and distribution of creative content across the Union, particularly with regard to the audiovisual sector and the rights of authors and creators that are protected by copyright, this Regulation should be limited to cross-border portability of legally acquired content and should in no case extend to cross-border access to online content services in Member States where the provider of the online content service has no authorisation from the creators and right holders to make use of that content.
Amendment 73 #
Proposal for a regulation
Recital 12
Recital 12
(12) Therefore, the objective of this Regulation is to adapt theprovide a legal framework in order to ensure that the licensing of rights no longer presents barrifor the provision of online content services to subscribers temporarily present in a Member State others to cross-border portability of online content services in the Union and that the cross- border portability can be ensuredhan their Member State of residence by providing a strictly interpretable legal fiction aiming to remove barriers to portability of legally acquired online content related to the licensing of rights.
Amendment 79 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) The concept of cross-border portability should be distinguished from the concept of cross-border access to online content, which does not fall within the scope of this Regulation. This Regulation does not aim to change and should not affect the existing system of territorial licensing, which is key in the financing, production and distribution of European audiovisual works.
Amendment 84 #
Proposal for a regulation
Recital 24
Recital 24
(24) This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union. Accordingly, this Regulation should be interpreted and applied in accordance with those rights and principles, in particular the right to respect for private and family life, the right to protection of personal data, the right to property, including intellectual property rights, the freedom of expression and the freedom to conduct a business. Any processing of personal data under this Regulation should respect fundamental rights, including the right to respect for private and family life and the right to protection of personal data under Articles 7 and 8 of the Charter of Fundamental Rights of the European Union and must be in compliance with Directives 95/46/EC27 and 2002/58/EC28 . In particular, service providers must ensure that any processing of personal data under this Regulation must be necessary and proportionate in order to achieve the relevant purpose. __________________ 27 Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31–50). 28 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.07.2002, p 37), called, as amended by Directives 2006/24/EC and 2009/136/EC, the "e- Privacy Directive".
Amendment 85 #
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) This Regulation should respect the obligations that the Union is subject to under international treaties protecting copyright and related rights, including the Berne Convention for the Protection of Literary and Artistic Works, the World Intellectual Property Organisation (WIPO) Copyright Treaty and the WIPO Performances and Phonograms Treaty.
Amendment 87 #
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
Amendment 97 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation introduces a common approach to ensuring that subscribers to online content services in the Union, when temporarily present in a Member State, can access and use these services, on the condition that the provider of online content services has verified the subscriber's Member State of residence.
Amendment 101 #
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 3a, where the subscriber has his or her actual residence, defined as the place where one has established a permanent centre of interests, with the intention of giving it a lasting character and a place to which an individual regularly returns and with which he or she has a continuous connection;
Amendment 109 #
Proposal for a regulation
Article 2 – point d
Article 2 – point d
(d) "Temporarily present" means athe presence of a subscriber in a Member State other than the Member State of residence for a determined period of time, provided that the subscriber does not move his or her centre of interests there;
Amendment 112 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) This Regulation should not be interpreted as restricting a service provider from offering its services to a customer permanently located in another Member State, provided that the necessary licences have been acquired in accordance with Directives of the European Parliament and of the Council 2001/29/EC1a and 2014/26/EU1b and that they have authorisation from the rightholders to use their content. _______________________ 1aDirective 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (OJ L 167, 22.6.2001, p. 10). 1b 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).
Amendment 115 #
Proposal for a regulation
Recital 21
Recital 21
(21) For the licensing of copyright and related rights, this means that relevant acts of reproduction, communication to the public and making available of works and other protected subject-matter, as well as the acts of extraction or re-utilization in relation to databases protected by sui generis rights, which occur when the service is provided to subscribers when they are temporarily present in a Member State other than their Member State of residence, should be deemed to occur in the subscribers' Member State of residence. The service providers, therefore, should be deemed to carry out such acts on the basis of the respective authorisations from the right holders concerned for the Member State of residence of these subscribers. Whenever service providers can carry out acts of communication to the public or reproduction in the Member State of the subscriber on the basis of an authorisation from the right holders concerned, a subscriber who is temporarily present in a Member State other than his Member State of residence should be able to access and use the service and where necessary carry out any relevant acts of reproduction such as downloading which he would be entitled to do in his own Member State of residence. TProvided that the Member State of residence of the subscriber has been effectively verified in accordance with this Regulation, the provision of an online content service by a service provider to a subscriber temporarily present in a Member State other than his or her Member State of residence and the use of the service by such a subscriber in accordance with this Regulation should not constitute a breach of copyright and related rights or any other rights relevant for the use of the content in the service.
Amendment 121 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
(1) The provider of an online content service shall enable a subscriber who is verified as temporarily present in a Member State to access and use the online content service.
Amendment 122 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
(1a) The obligation set out in paragraph 1 shall not extend to cross- border access of online content for which the service provider has not acquired authorisation for use from the right holder.
Amendment 123 #
Proposal for a regulation
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
(1b) The obligation set out in paragraph 1 shall apply from ... [12 months following the day of the publication of this Regulation in the Official Journal of the European Union].
Amendment 129 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Amendment 141 #
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) This Regulation should not affect the application of Directive 2014/26/EU of the European Parliament and of the Council1a and in particular Title III thereof relating to multi-territorial licensing of online rights. This Regulation is fully consistent with the objective of facilitating the lawful access to content, which is protected by copyright and related rights, as well as services linked thereto. ____________________ 1a 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).
Amendment 154 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7a Evaluation Three years after the entry into force of this Regulation the Commission shall assess the application of this Regulation and shall submit a report thereon to the European Parliament and to the Council. The report shall include an assessment of the use of cross-border portability and the verification of the Member State of residence and, if necessary, on the need for a review. The Commission's report shall be accompanied, if appropriate, by a legislative proposal.