14 Amendments of Stefano MAULLU related to 2016/0284(COD)
Amendment 43 #
Proposal for a regulation
Recital 4
Recital 4
(4) Operators of retransmission services, that normally offer multiple programmes which use a multitude of works and other protected subject matter included in the retransmitted television and radio programmes, have a very short time- frame forthe possibility of obtaining the necessary licences and hence also face a significant rights clearing burden. There is also a risk for right holders of having their works and other protected subject matter exploited without authorisation or payment of remuneration, which is a crucial facet of contractual freedom.
Amendment 64 #
Proposal for a regulation
Recital 7
Recital 7
(7) Therefore, cross-border provision of online services ancillary to broadcast and retransmissions of television and radio programmes originating in other Member States should be facilitated by adapting the legal framework on the exercise of copyright and related rights relevant for those activities. is activity. Whereas the adaptation of the legal framework may result in limitations on the exercise of exclusive rights, it should only apply in certain special cases which do not conflict with the normal exploitation of the work or other protected subject-matter and do not unreasonably prejudice the legitimate interests of the rightholder. Therefore, also bearing in mind the importance of the principle of territoriality for the financing and production of creative content, and in particular of audio-visual works, any legislative intervention should necessarily be extremely limited and narrow and be in line with the Union principles of necessity and proportionality.
Amendment 126 #
Proposal for a regulation
Recital 12
Recital 12
(12) Operators of retransmission services offered on satellite, digital terrestrial, or 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 excluded from the scope of this Regulation as those 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.
Amendment 127 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
Amendment 133 #
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, or closed circuit IP-based, mobile or similar networks, and to overcome disparities in national law regarding such retransmission service networks, rules similar to those that apply to cable retransmission as defined in Directive 93/83/EEC should apply. THowever the rules established in that Directiveis Regulation shall include the obligaption to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation. This isIf so chosen, this would be 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 153 #
Proposal for a regulation
Article 2
Article 2
Amendment 170 #
Proposal for a regulation
Recital 16
Recital 16
(16) This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union. Whilst there may be an interference with the exerciseHence, in light of the prights of right holders insofar as mandatorynciple of contractual freedom, collective management is required for the exercise of the right of communication to the public with regard to retransmission services, it is necessary to prescribe such a condition in a targeted manner for specific services and in order to allow more widespread cross-border dissemination of television and radio programmes by facilitating the clearance of these rights is voluntary.
Amendment 192 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
Amendment 194 #
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 225 #
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 275 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
(1) Holders of copyright and related rights other than broadcasting organisations may exercise their rights to grant or refuse the authorisation for a retransmission only through a collective management organisation or individually or through other means, in line with the principle of contractual freedom.
Amendment 281 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 286 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
(3) Where more than one collective management organisation manages rights of that category for the territory of that Member State, the right holder shall be free to choose which of those collective management organisations is deemed to be mandated to manage his or her right. If in such a situation the right holder does not choose, if he or she so wishes, the collective management organisation, it shall be for the Member State for whose territory the operator of the retransmission service seeks to clear rights for a retransmission to indicate which of the collective management organisations that is deemed to be mandated to manage the right of that right holderhis or her right.
Amendment 320 #
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 Provisions