12 Amendments of Britta THOMSEN related to 2012/0180(COD)
Amendment 31 #
Proposal for a directive
Recital 3
Recital 3
(3) When established in the Union, collecting societies – as service providers – must comply with the national requirements pursuant to Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market which seeks to create a legal framework for ensuring the freedom of establishment and the free movement of services between the Member States. This implies that collecting societies should be freable to provide their services across borders, to represent rightholders resident or established in other Member States or grant licences to users resident or established in other Member States.
Amendment 60 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
Titles I, II and IV with the exception of Articles 36 and 40 shall apply to all collecting societies established which operate within the Union.
Amendment 62 #
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 one rightholder, to manage copyright or rights related to copyright as its sole or main purpose and which is owned or controlled by its members; In order for the sole or primary purpose of an organisation to be considered rights administration, it must be stated in the articles of the association that the object of the organisation is to collect and ensure a fair distribution of rights revenue when mass exploitation of copyright takes place. Moreover, the number of employees engaged in the administration of rights must constitute the majority of the organisations total number of employees.
Amendment 74 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. RightholdMembers shall have the right to terminate the authorisation to manage rights, categories of 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 75 #
Proposal for a directive
Article 5 – paragraph 4
Article 5 – paragraph 4
4. If there are amounts due to a rightholdmember for acts of exploitation which occurred before the termination of the authorisation or the withdrawal of rights took effect, or under a licence granted before such termination or withdrawal took effect, the rightholdmember shall retain his rights under Articles 12, 16, 18 and 34 with respect to those acts of exploitation.
Amendment 76 #
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. Notwithstanding this provision, collecting societies which administer the right of performers and phonogram producers to a single equitable remuneration according to Article 8, paragraph 2, of Directive 2006/115/EC, may require that the management of these rights is transferred to another collecting society established in the Union.
Amendment 78 #
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shall ensure that the rightholdmember gives express consent specifically for each right or category of rights or type of works and other subject matter which that rightholdmember authorises the collecting society to manage and that any such consent is evidenced in documentary form. This paragraph does not apply to the arrangements in the Member states concerning the administration of rights through extended collective licenses, legal presumption of representation or transfer, mandatory collective management or similar arrangements or a combination of them.
Amendment 82 #
Proposal for a directive
Article 5 – paragraph 7 a (new)
Article 5 – paragraph 7 a (new)
7a. Where a collective management organization has as members entities representing right holders, the information under paragraph 3-7 shall be provided to these entities.
Amendment 113 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where the amounts due to rightholders cannot be distributed, after fivthree years from the end of the financial year in which the collection of the rights revenue occurred, and provided that the collecting society has taken all necessary measures to identify and locate the rightholders, the collecting society shall decide on the use of the amounts concerned in accordance with Article 7(5)(b), without prejudice to the right of the rightholder to claim such amounts from the collecting society.
Amendment 115 #
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. For the purposes of paragraph 2, measures to identify and locate rightholders shall include verifying membership records and making available to the members of the collecting society as well as to the public a list of works and other subject matter for which one or more rightholders have not been identified or located. Where due to the scope of activity of the collective management organisation such works or other subject matter cannot be determined, the categories of works or of other subject matter it represents, the rights it manages and the territories covered;
Amendment 137 #
Proposal for a directive
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
(b) the repertoire and rights it manages and the Member Statworks or other subject matter it represents, the rights it manages, directly or under representation agreements, and the territories covered; or, where due to the scope of activity of the collective management organisation such works or other subject matter cannot be determined, the categories of works or of other subject matter it represents, the rights it manages and the territories covered;
Amendment 138 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. In addition, a collecting society shall make available at the request of any rightholder or any collecting society, any information on works for which one or more rightholders have not been identified including, where available, the title of the work, the name of the author, the name of the publisher and any other relevant information available which could be necessary to identify the rightholders; Where due to the scope of activity of the collective management organisation such works or other subject matter cannot be determined, the categories of works or of other subject matter it represents, the rights it manages and the territories covered.