3 Amendments of Paul RÜBIG related to 2016/0284(COD)
Amendment 58 #
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, 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. RFor 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 networkthis Regulation should apply, when they can ensure a controlled environment like a defined group of subscribers or registered users.
Amendment 98 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) "retransmission" means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission or for as defined in Direcperiod of tivme 93/83/EEC and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19 after the initial retransmission, unaltered and unabridged retransmission, intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite but excluding online transmission, of television or radio programmes intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rightRetransmission includes online-transmissions, when there is a defined group of recipients. This regulating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1on should apply to online transmissions when it is bound to a certain infrastructure or can assure a controlled, clear defined circle of users.
Amendment 134 #
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 organisationand acts of reproduction, which are necessary for the provision of Art 1 point b only through a collective management organisation in a single agreement and tariff. Art 2 Par 2 shall apply correspondingly.