Activities of Françoise CASTEX related to 2012/0180(COD)
Plenary speeches (1)
Copyright and related rights and multi-territorial licensing of rights in musical works for online uses (debate)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online uses in the internal market PDF (1 MB) DOC (1 MB)
Amendments (37)
Amendment 125 #
Proposal for a directive
Recital 2
Recital 2
(2) The dissemination of content which is protected by copyright and related rights and the linked services, including books, audiovisual productions and recorded music require the licensing of rights by different holders of copyright and related rights, such as authors, performers, producers and publishers. It is normally for the rightholders to choose between the individual or collective management of their rights, except where national or EU law has made collective management compulsory. Management of copyright and related rights includes the granting of licences to users, the auditing of licensees and monitoring of the use of rights, the enforcement of copyright and related rights, the collection of rights revenue derived from the exploitation of rights and the distribution of the amounts due to rightholders. Collecting societies enable rightholders to be remunerated for uses which they would not be in a position to control or enforce themselves, including in non-domestic markets. Moreover, they have an important social and cultural role as promoters of the diversity of cultural expressions by enabling the smallest and less popular repertoires to access the market. Article 167 of the Treaty on the Functioning of the European Union requires the Union to take cultural aspects into account in its action, in particular in order to respect and to promote the diversity of its cultures.
Amendment 129 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Authors and performers are the original creators of the works protected by authors' rights and related rights and thus the original rightholders. However, they experience difficulties in retaining their rights as they are the weakest negotiating parties in contracts defining the exploitation of their works and performances. They are forced in many circumstances to transfer their rights in exchange of no or little money which does not take into account the future exploitation of their rights. The negotiation of authors and performers' remuneration by a collective management organization overcomes their weak individual negotiating power and ensures that they receive equitable remuneration for the exploitation of their rights. Member States should therefore ensure that authors and performers receive an equitable remuneration for the exploitation of their works and performances. It should not be possible to waive this remuneration as it ensures their livelihood. Authors and performers should not be prevented from entrusting their rights to a collective management organization and in the absence of any written proof their decision should prevail over any presumption of transfer of rights.
Amendment 130 #
Proposal for a directive
Recital 2 b (new)
Recital 2 b (new)
(2b) Collective management of copyright and related rights is a tool for the future as it ensures accessibility to works, legal certainty for all parties and equitable remuneration for rightholders. An unwaivable right to remuneration for authors and performers for all forms of exploitation of their works, in particular in the online environment, entrusted to collective management organisations would guarantee them equitable remuneration throughout the EU and would advance the internal market for European creativity and culture.
Amendment 137 #
Proposal for a directive
Recital 4
Recital 4
(4) There are significant differences in the national rules governing the functioning of collecting societies, in particular as regards their transparency and accountability towards their members and rightholders. Beyond the difficulties non-domestic rightholders face when exercising their rights and the too often poor financial management of the revenues collected, problems with the functioning of collecting societies may arise, leading to inefficiencies in the exploitation of copyright and related rights across the internal market to the detriment of the members of collecting societies, rightholders and users alike. These difficulties do not arise in the functioning of independent rights management service providers who act as agents for rightholders for the management of their rights on a commercial basis and in which rightholders do not exercise membership rights.
Amendment 154 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) The specific characteristics of collecting societies which manage rights in the audiovisual and performing arts sector must be taken into account, as the functioning of this sector differs greatly from that of the music sector. In these sectors, collective management is the preferred means of ensuring that authors and performers receive a fair remuneration.
Amendment 155 #
Proposal for a directive
Recital 9 b (new)
Recital 9 b (new)
(9b) The general meeting of collecting societies in the audiovisual sector should be authorised to provide for the management of a combination of rights, with no distinction between categories, in order to allow the society to perform its task of defending the rights of authors and performers and guaranteeing legal certainty for users.
Amendment 156 #
Proposal for a directive
Recital 9 c (new)
Recital 9 c (new)
(9c) The general meeting of collecting societies should be authorised, in accordance with competition law and for objective, transparent and non- discriminatory reasons, to lay down the conditions for the withdrawal of members from collecting societies in order to avoid abuse which could jeopardise their tasks of pooling management costs for the benefit of all authors and performers, defending and promoting cultural diversity and ensuring legal certainty for users.
Amendment 157 #
Proposal for a directive
Recital 9 d (new)
Recital 9 d (new)
(9d) The freedom of members of collecting societies to cancel the authorisation granted to the societies to manage their rights must not jeopardise the performance by these societies of their tasks of pooling management costs for the benefit of all authors and performers, defending and promoting cultural diversity and ensuring legal certainty for users.
Amendment 166 #
Proposal for a directive
Recital 13
Recital 13
(13) Members should be allowed to take part in monitoring the management of collecting societies. To this end, collecting societies should establish a supervisory function appropriate to their organisational structure and allow members to be represented in the body that exercises this function. To avoid imposing excessive burden on smaller collecting societies and to make the obligations arising from this Directive proportionate, Member States should be able to, if they consider this to be necessary, exclude the smallest collecting societies from having to organise such a supervisory function.
Amendment 172 #
Proposal for a directive
Recital 15
Recital 15
(15) Collecting societies collect, manage and distribute revenue from the exploitation of the rights entrusted to them by rightholders. This revenue is ultimately due to rightholders who may be members of that society, or another society. It is therefore important that collecting societies exercise the utmost diligence in collecting, managing and distributing that revenue. Accurate distribution is only possible where collecting societies maintain proper records of membership, licences and use of works and other subject matter. Where appropriate, data should also be provided by rightholders and users and verified by the collecting societies. Member States should therefore ensure that all users and all natural or legal persons holding a copyright or related right provide to the collecting society, free of charge, the information needed to identify the sound or audiovisual work, the rightholders and the use made of it. Collecting societies must exercise the utmost diligence in collecting, managing and distributing that revenue. Amounts collected and due to rightholders should be managed separately from any own assets of the collecting society and, if they are invested, pending their distribution to rightholders, this should be carried out in accordance with the investment policy decided by the collecting societies'’ general meeting. In order to maintain a high level of protection for the rights of rightholders and to ensure that any income which may be derived from exploitation of their rights accrues for the benefit of rightholders, the investments made and held by the collecting society should be managed in accordance with criteria which would oblige the collecting society to act prudently, while allowing the collecting society to decide on the most secure and efficient investment policy. This should allow the collecting society to opt for an asset allocation that suits the precise nature and duration of any exposure to risk of any rights revenue invested and which does not unduly prejudice any rights revenue owed to rightholders. Moreover, in order to ensure that the amounts due to rightholders are appropriately and effectively distributed, it is necessary to require collecting societies to undertake diligent and good faith reasonable measures to identify and locate the relevant rightholders. It is also appropriate to provide for the approval by members of collecting societies of the rules governing any situation where, due to the lack of identified or located rightholders, amounts collected cannot be distributed.
Amendment 185 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) To make it easier for the collecting societies of authors, editors, performers and producers to perform their task, users and producers should be required to provide, within a reasonable period and at no cost, information on the use of rights, rightholders, works, categories of works or other subject matter which the collecting societies represent.
Amendment 214 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
Member States may decide that Titles I, II and IV, with the exception of Articles 36 and 40, shall apply to collecting societies established outside the Union which engage in activities in their territory.
Amendment 215 #
Proposal for a directive
Article 2 – paragraph 1 b (new)
Article 2 – paragraph 1 b (new)
The relevant provisions of Titles I, II and IV, with the exception of Articles 36 and 40, shall apply to the activities of entities directly or indirectly controlled, or owned in whole or in part, by collecting societies if the activities in question fall within the scope of those Titles when they are carried out by a collecting society.
Amendment 222 #
Proposal for a directive
Article 2 a (new)
Article 2 a (new)
Article 2 a This directive does not derogate from the European regulations concerning the protection of individuals as regards the processing of personal data.
Amendment 231 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
a) 'collecting society' means any organisation which is authorised by law or by way of assignment, licence or any other contractual arrangement, by more than onea significant number of rightholders, to collectively manage copyright or rights related to copy, rights related to copyright or rights to remuneration laid down by law, to carry out social, cultural and artistic activities in their favour, and to defend and promote their rights, as its sole or main purpose and which is owned or controlled by its members;
Amendment 236 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) 'rightholder' means any natural person or legal entity other than a collecting society that holds a copyright or related right or who under an agreement for the exploitation of rights is entitled to a share of the rights revenue from any of the rights managed by the collecting societya right to remuneration laid down by law;
Amendment 237 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
c) 'member of a collecting society' means a rightholder or an entity directly representing rightholdersas defined in Article 3(1)(b) or a non-profit making entity, including other collecting societies and associations of rightholders, fulfilling the membership requirements of the collecting society and admitted by it;
Amendment 246 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Member States shall ensure that collecting societies act in the best collective interest of their members and do not impose on rightholders whose rights they manage any obligations which are not objectively necessary for the protection of the rights and interests of these rightholders.
Amendment 248 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Member States shall ensure that rightholders are free to entrust their rights to a collecting society and that when they decide to do so, this decision prevails over any presumption of transfer of rights to another person or entity.
Amendment 251 #
Proposal for a directive
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
This Directive shall apply without prejudice to existing or future arrangements concerning the management of rights in Member States such as the mandatory collective management of exclusive rights or rights to remuneration laid down by law or extended collective licensing.
Amendment 254 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Rightholders shall have the right to 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.
Amendment 259 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 (new)
Article 5 – paragraph 2 – subparagraph 1 (new)
Notwithstanding paragraph 1, the general meeting of the members of the collecting societies may ask its members to group together rights, types of works and other subject matter of their choice.
Amendment 264 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Rightholders shall have the right to terminate the authorisation to manage rights, categories ofthe rights or types of works and other subject matter granted to a collecting society or to withdraw from a collecting society any of the rights or categories of rights or types of works and other subject matter of their choice, for the Member States of their choice, upon serving reasonable notice not exceeding six months. The collecting society may decide that such termination or withdrawal will take effect only at the middle and at the end of the financial year, whichever is sooner after the expiry of the notice period.
Amendment 266 #
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 1 (new)
Article 5 – paragraph 3 – subparagraph 1 (new)
The collecting society may decide by a decision of its general meeting that such termination or withdrawal will only take effect each year on the date on which the member joined the collecting society and on the expiry of the notice period, and may, by a decision of its general meeting, determine suitable arrangements to prevent misuse by its members of the right of withdrawal, particularly by placing reasonable limits on the number of comings and goings within the society.
Amendment 267 #
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. The collecting society may lay down that licenses granted to users prior to termination will not be affected by that termination, if such licenses do not exceed a period of three years after the date on which termination takes effect.
Amendment 269 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Collecting societies shall not restrict the exercise of rights provided under paragraphs 3 and 4 by requiring that the management of rights or categories of rights or type of works and other subject matter which are subject to the termination or the withdrawal are entrusted to another collecting society.
Amendment 271 #
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shall ensure that the rightholder gives express consent specifically for each right or category of rights or type of works and other subject matter which that rightholder authorises the collecting society to manage and that any such consent is evidenced in documentary form.
Amendment 285 #
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that the general meeting of the members of the collecting societies is organised according to the rules laid down in paragraphs 2 to 87.
Amendment 289 #
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 328 #
Proposal for a directive
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Every member of a collecting society shall have the right to appoint any other natural or legal personmember as a proxy holder to attend and vote at the general meeting in his name, provided that there is no conflict of interest. The proxy holder may not be a natural or legal person who falls within another category of rightholder. Each proxy holder may only represent one member.
Amendment 393 #
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12 a Collecting societies shall be encouraged to cooperate with each other in the area of rights management to facilitate, improve and simplify the procedures for licensing users under equal and transparent conditions and to offer multi-territorial licenses, in particular, in areas other than those referred to in Title III.
Amendment 408 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
Tariffs for exclusive rights shall reflect the economic value of the rights in trade and ofensure that rightholders receive a fair and proportionate share of the revenues arising from the use of the works and reflect the service provided by the collecting society.
Amendment 415 #
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 tradesame criteria.
Amendment 417 #
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. Users and producers shall provide collecting societies, free of charge, with statements of use, containing the information needed to identify sound works and their rightholders.
Amendment 424 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15 a Obligations of users 1. Member States shall ensure that users and producers comply with the payment time limits and schedules provided for in the licences and agreements concluded with the collecting societies in order for them to be able to comply with their own time limits for distribution to rightholders. 2. Member States shall ensure that users and producers provide the collecting societies with which they have concluded a licence or an agreement with regular, precise and prompt information, free of charge, on the use of rights, rightholders and works covered by the licence or agreement, in order for the societies to meet their own obligations to rightholders. 3. Member States shall ensure that users comply with international and sectoral standards on data transfer, and in their exchange of information with collecting societies use international identifiers of works and rightholders where they exist.
Amendment 427 #
Proposal for a directive
Article 15 b (new)
Article 15 b (new)
Article 15 b Remuneration of authors and performers 1. Member States shall ensure that authors and performers receive appropriate remuneration for the exploitation of their copyright and related rights. That remuneration shall come from any exploitation of their works and performances and shall represent a share of the revenue generated by such exploitation. 2. The management of this remuneration shall be entrusted to the collecting societies which receive it from any entity which exploits the rights, in accordance with the relevant provisions of this Directive. 3. Collecting societies shall distribute this remuneration to authors and performers regularly, precisely and promptly, in accordance with the provisions of this Directive.
Amendment 488 #
Proposal for a directive
Article 20 – paragraph 5
Article 20 – paragraph 5