Activities of Jiří MAŠTÁLKA related to 2016/0284(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes PDF (994 KB) DOC (171 KB)
Amendments (21)
Amendment 28 #
Proposal for a regulation
Recital 2
Recital 2
(2) The development of digital technologies and internet has transformed the distribution of and access to television and radio programmes. Users increasingly expect to have access to television and radio programmes both live and on- demand, using traditional channels such as satellite or cable and also through online services. Broadcasting organisations are therefore increasingly offering, in addition to their own broadcasts of television and radio programmes, online services ancillary to their broadcast, such as simulcasting and catch-up services. Retransmission services operators, which aggregate broadcasts of television and radio programmes, including catch-up services, into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open internet. On the part of users, there is a growing demand for access to broadcasts of television and radio programmes not only originating in their Member State but also in other Member States of the Union, including from members of linguistic minorities of the Union as well as from persons who live in another Member State than their Member State of origin as well as persons who study other languages than their mother tongue.
Amendment 38 #
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 62 #
Proposal for a regulation
Recital 6
Recital 6
(6) Council Directive 93/83/EEC17 facilitates cross-border satellite broadcasting and retransmission by cable of television and radio programmes from other Member States of the Union. However, the provisions of that Directive on transmissions of broadcasting organisations are limited to satellite transmissions and therefore do not apply to online services ancillary to broadcast while the provisions concerning retransmissions of television and radio programmes from other Member States are limited to simultaneous, unaltered and unabridged retransmission by cable or microwave systems and do not extend to such retransmissions by means of other technologies. _________________ 17 Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission OJ L 248, 6.10.1993, p. 15– 21.
Amendment 71 #
Proposal for a regulation
Recital 7
Recital 7
(7) Therefore, cross-border provision of online services ancillary tof broadcasters 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.
Amendment 79 #
Proposal for a regulation
Recital 8
Recital 8
(8) The ancillary online services covered by this Regulation are those services offered by broadcasting organisations which have a clear and subordinate relationship to the broadcast. Theygiving access to television and radio content includeing services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, within a defined time period after the broadcast, to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch- up services). In addition, ancillary online servicesThey include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme's content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, as well as material genuinely produced for the online environment. Public broadcasters in particular need to be able to use different dissemination channels to reach different audiences in order to fulfil their public service mandate. In order to reach all categories of audiences, the possibility to disseminate services designed specifically for the online environment is crucial. Therefore, the provision of access to individual works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos, do not fall under and webcasting are included in the scope of the definition of ancillary online service.
Amendment 87 #
Proposal for a regulation
Recital 9
Recital 9
(9) In order to facilitate the clearance of rights for the provision of ancillary online services across borders it is necessary to provide for the establishment of the country of origin principle as regards the exercise of copyright and related rights relevant for acts occurring in the course of the provision of, the access to or the use of an ancillary online service. That principle of country of origin should apply exclusively to the relationship between right holders (or entities representing right holders such as collective management organisations) and broadcasting organisations and solely for the purpose of the provision of, the access to or the use of an ancillary online service. The principle of country of origin should not apply to any subsequent communication to the public or reproduction of content which is protected by copyright or related rights and which is contained in the ancillary online service.
Amendment 97 #
Proposal for a regulation
Recital 10
Recital 10
(10) Since the provision of, the access to or the use of an ancillary online service is deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment, while de facto the ancillary online service can be provided across borders to other Member States, it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question, the parties should take into account all aspects of the ancillary online service such as the features of the service, the audience, including the audience in the Member State in which the broadcasting organisation has its principal establishment and in other Member States in which the ancillary online service is accessed and used, and the language version. online service is accessed and used, and all available language versions. In the case of radio programmes, payments for the use of protected works with Collective Management Organizations follow a different method, due to different business model from music-only services : radio is a mixture of audio content which is well- edited and well-produced. Content is Free-To-Air/Free-To-Access, transmitted via wired or wireless means-such as, first and foremost, broadcast, but also cable, satellite or online-and typically consists of talk, stories, entertainment, news and music. The payments done for the rights in question are usually set as a percentage of the radios´revenues. So, as long as the actual, real and proven cross border audience remains minimal, no additional aspect needs to be taken into account for the payment of the considered rights.
Amendment 116 #
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. 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. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. In order to adapt to the development of digital technologies and to the changing user behaviour, this mechanism should include the retransmission, in an unaltered manner, via the internet by over the top (OTT) service providers. Retransmission services which are offered on the open internet should be excluded from the scope of this Regulation if they can not to ensure a controlled environment, is limitncluding IP based, when compared for example to cich is given if the user group is definable orby a closed circuit IP-based networksuser group.
Amendment 140 #
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 156 #
Proposal for a regulation
Recital 14a (new)
Recital 14a (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 165 #
Proposal for a regulation
Recital 15
Recital 15
(15) In order to prevent circumvention of the application of the country of origin principle through the extension of the duration of existing agreements concerning the exercise of copyright and related rights relevant for the provision of an ancillary online service as well as the access to or the use of an ancillary online service, it is necessary to apply the principle of country of origin also to existing agreements but with a transitional period.
Amendment 200 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) "ancillary online service" means an online service 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 or for the broadcasting organisation which is ancillary to such broadcast;of linear and non-linear radio or television programmes including programmes provided before, simultaneously with or for a defined period of time after their broadcast by the broadcasting organisation.
Amendment 217 #
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 238 #
Proposal for a regulation
Article 2 – title
Article 2 – title
Application of the principle of ‘country of origin’ to ancillary online services
Amendment 266 #
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
(2 a) Paragraph 2 shall not apply to broadcasters of radio programmes.Instead, for broadcasters of radio programmes, the amount of the payment to be made for the rights subject to the country of origin principle as set in paragraph 1 shall be based on a percentage of the radios' revenues.
Amendment 267 #
Proposal for a regulation
Article 2 – paragraph 2 b (new)
Article 2 – paragraph 2 b (new)
(2 b) Paragraph 1 does not affect the principles of territoriality and contractual freedom under copyright and is without prejudice to any right provided under Directive 2001/29/EC.
Amendment 270 #
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Article 2 a 1.Collective management organisations should be given the possibility to include in existing licences delivered to radio broadcasters the necessary rights for broadcast-related online activities.Broadcast-related online activities can be defined as: - individual programmes or parts thereof which have been previously linearly broadcast by the radio broadcaster within a particular time period of the original linear broadcast (so called catch-up devices and podcasts), or - material which enriches or otherwise expands on a radio broadcaster´s programmes which have been the subject of a linear offline broadcast by that radio broadcaster, including by way of example material that extends or supplements or reviews or previews the relevant programmes' content or themes. 2.The licensing of rights for on- demand/catch up/podcast programmes of radio broadcasters shall be enabled through mandatory collective management of rights.These programmes shall not allow permanent downloads of, or access to, music track.
Amendment 280 #
Proposal for a regulation
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
(1 b) 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 306 #
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.
Amendment 309 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
(1 a) Agreements imposing on broadcasters or retransmission services obligations, in respect of limiting passive sales, to act in violation of article 101(1) of the Treaty of Functioning of the European Union and Commission Regulation No 330/2010, shall be automatically void.
Amendment 311 #
Proposal for a regulation
Article 3 b (new)
Article 3 b (new)