7 Amendments of Arlene McCARTHY related to 2012/0180(COD)
Amendment 229 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘collecting society’ means any non- profit organisation which is authorised by law or by way of assignment, licence or any other contractual arrangement, by more than one rightholder, to manage copyright or rights related to copyright as its sole or main purpose and which is owned or directly or indirectly controlled by its membright holders;
Amendment 255 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Rightholders shall have the right tomay authorise a collecting society of their choice to manage the rights, categories of rights or types of works and other subject matter of their choice, for the Member States of their choice, irrespective of the Member State of residence or of establishment or the nationality of either the collecting society or the rightholder. Rightholders may authorise a collecting society to manage their rights on an exclusive or a non- exclusive basis.
Amendment 405 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
The tariffs for exclusive rightsapplied shall reflect the economic value of the rights in trade and of the service provided by the collecting society.
Amendment 412 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 3
Article 15 – paragraph 2 – subparagraph 3
In the absence of any national law which establishes the amounts due to rightholders in respect of a right to remuneration and a right to compensation, the collecting society shall base its own determination of those amounts due, on the economic value of those rights in trade.
Amendment 418 #
Proposal for a directive
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3a. Member States shall ensure that users give collective societies information concerning the usage of works and other subject matter on time and in an agreed format. so as to enable the collecting societies to distribute the rights revenue. Whenever there is a generally applicable or court-determined tariff in force, users should pay the licence fees or remuneration to the collecting societies on time.
Amendment 518 #
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Member States shall ensure that disputes between collecting societies and users concerning existing and proposed licensing conditions, tariffs, and any refusal to grant a licence can be submitted to a court, and if appropriate, to an independent and impartial dispute resolution body. Member States shall ensure that these dispute resolution bodies are specialised in IP matters and that their decisions are made on the basis of the criteria set out in Article 15 (2).
Amendment 525 #
Proposal for a directive
Article 35 – paragraph 2 a (new)
Article 35 – paragraph 2 a (new)
2a. Member States shall ensure that if users resort to dispute resolution bodies, the sums in question are frozen while the process is pending.