16 Amendments of Pervenche BERÈS related to 2016/0284(COD)
Amendment 26 #
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 48 #
Proposal for a regulation
Recital 9
Recital 9
Amendment 56 #
Proposal for a regulation
Recital 11
Recital 11
(11) TIt is essential to recall that, through the principle of contractual freedom, it willshould 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 national and Union laws.
Amendment 57 #
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, as well as certain other retransmissions, 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 excludingand 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 asto the extent that 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 and do not respect territorial restrictions. IP-based retransmission services, both offered on closed-circuit networks and on the open internet should be included in the scope of this Regulation as long as they are provided to a defined number of users (e.g. subscribers, registered users) and comparable to closed circuit IP-based networks.
Amendment 66 #
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 68 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) The technology neutral application of Directive 93/83/EEC should extend to the clarification of the application of the mandatory collective management rules to operators of retransmission services who pick up the broadcasters' signal through direct injection. In addition, it should be clarified that both broadcasters and operators of retransmission services have to obtain separate authorisations from rightholders for the act of communication to the public they perform jointly. Indeed, according to the Airfield CJEU judgment of 13 October 2011 (C-431/09 and C- 432/09), several different entities can jointly constitute the same act of communication to the public in an uninterrupted chain allowing the simultaneous, unaltered and unabridged transmissions and/or retransmissions of audiovisual programme-carrying signals, each entity being therefore responsible towards rightholders for its own intervention.
Amendment 72 #
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 75 #
Proposal for a regulation
Recital 15
Recital 15
Amendment 79 #
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 exercise of the rights of right holders insofar as mandatory 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. The provisions of this Regulation should be without prejudice to any existing or future arrangements in the Member States concerning the management of rights such as extended collective licences, legal presumptions of representation or transfer, collective management or similar arrangements or a combination of them.
Amendment 95 #
Proposal for a regulation
Article 1 – paragraph 1 – point a a (new)
Article 1 – paragraph 1 – point a a (new)
(a a) "ancillary broadcaster online service" means an online service produced by the broadcaster 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 the broadcasting organisation which is ancillary to such broadcast;
Amendment 106 #
Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
Article 1 – paragraph 1 – point b a (new)
(b a) "direct injection" means a two- 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 a way that the signals cannot be accessed by the public during this transmission. Service providers offer to the public these unaltered and unbridged programmes simultaneously by various techniques such as cable or microwave system, satellite, digital terrestrial, closed circuit IP-based, mobile or similar networks.
Amendment 107 #
Proposal for a regulation
Article 1 – paragraph 1 – point b b (new)
Article 1 – paragraph 1 – point b b (new)
(b b) "retransmission" means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite and online transmission, of television or radio programmes intended for the reception by the public.Such retransmission must be equivalent to retransmissions by operators of cable retransmission services and must be made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made.
Amendment 113 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
Amendment 121 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 136 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
(1 a) When an author has transferred his right to retransmission to a producer, he 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 144 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a Exercise of the rights in retransmission by rightholders other than broadcasting organisations in a direct injection context Article 3 applies to service providers who transmit to the public television and radio programmes of broadcasting organisations received through direct injection, without prejudice of the authorisation that broadcasting organisations have to get from rightholders for the act of communication to the public they perform jointly with service providers.