4 Amendments of Bernhard RAPKAY related to 2012/0180(COD)
Amendment 198 #
Proposal for a directive
Recital 35
Recital 35
(35) Broadcasting organisations generally rely on a licence from a local collecting society, for their own broadcasts of television and radio programmes which include musical works. This licence is often limited to broadcasting activities. A licence for online rights in musical works would be required in order to allow such television or radio broadcasts to be also available online. To facilitate the licensing of online music rights forin the purposes of simultaneous and delayed transmission online of television and radio broadcastsinterests of online accessibility, it is necessary to provide for a derogation from the rules that would otherwise apply to the multi-territorial licensing of musical works for online uses. Such derogation should be limited to what is necessary to allow access to television or radio programmes online and to material having a clear and subordinate relationship to the original broadcast produced for purposes such as supplementing, previewing or reviewing that television or radio programmemake possible online offers connected to linear broadcasting. That derogation should not operate so as to distort competition with other services which give consumers access to individual musical or audiovisual works online, or lead to restrictive practices, such as market or customer sharing, in breach of Articles 101 or 102 of the Treaty on the Functioning of the European Union.
Amendment 208 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
Titles I, II and IV with the exception of Articles 36 and 40 shall apply to all collecting societies established in the Union and also those established outside the Union but providing services in the Union.
Amendment 221 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
Title III shall not apply to collecting societies which distribute licences to broadcasters in accordance with national and EU law for their online offers connected to linear broadcasting.
Amendment 508 #
Proposal for a directive
Article 33 – paragraph 1
Article 33 – paragraph 1
The requirements under this Title shall not apply to collecting societies which grant, on the basis of the voluntary aggregation of the required rights, in compliance with the competition rules under Articles 101 and 102 TFEU, a multi-territorial licence for the online rights in musical works required by a broadcaster to communicate or make available to the public its radio or television programmes simultaneously with or after their initial broadcast as well as any online material produced by the broadcaster which is ancillary to the initial broadcast of its radio or television programmeas well as any online offers connected to linear broadcasting.