15 Amendments of Andreas SCHWAB related to 2015/0284(COD)
Amendment 51 #
Proposal for a regulation
Recital 6
Recital 6
(6) Therefore, increasingly, online content services are marketed in a package in which content which is not protected by copyright and/or related rights is not separable from content which is protected by copyright and/or related rights without substantially lessening the value of the service provided to consumers. This is especially the case with premium content such as sporting or other events of significant interest to consumers. In order to enable service providers to deliver to consumers full access to their online content services when they are temporarily in a Member State other than their Member State of residence, it is indispensable that this Regulation also covers such content used by online content services and therefore that it applies to audiovisual media services in the meaning of Directive 2010/13/EU as well as to transmissions of broadcasting organisations in their entirety.
Amendment 56 #
Proposal for a regulation
Recital 12
Recital 12
(12) Therefore, the objective of this Regulation is to adapt the legal framework in order to ensure that the licensing of rights no longer presents barriers to cross- border portability of online content services in the Union and that the cross- border portability can be ensured. Open cross-border access is not the objective of this Regulation. Therefore, cross-border portability should be distinguished from open cross-border access.
Amendment 80 #
Proposal for a regulation
Recital 16
Recital 16
(16) This Regulation should apply to online content services which are provided against payment of money. Providers of such services are in a position to verify the Member State of residence of their subscribers. The right to use an online content service should be regarded as acquired against payment of money whether such payment is made directly to the provider of the online content service, or to another party such as a provider offering a package combining a telecommunications service and an online content service operated by another provider. The payment of a universal mandatory fee such as a broadcasting license fee should not be regarded as a payment in the context of this Regulation.
Amendment 87 #
Proposal for a regulation
Recital 17
Recital 17
(17) OProviders of online content services which are provided without payment of money are alsoshould have the option to be included in the scope of this Regulation toif the extent that providers verify the Member State of residence of their subscribers. Online content services which are providedy decide so and provided that they comply without the payment of money and whose providers do not verifyrequirements on the verification of the Member State of residence o. If their subscribers should be outside the scope of this Regulay exercise this option as, their inclusion would involve a major chany should be obliged to the way these services are delivered and involve disproportionate costs. As concerns verification of the subscriber's Member State of residence, information such as a payment of a licence fee for other services provided in the Member State of residence, the existence of a contract for internet or telephone connection, IP address or other means of authentication, should be relied upon, if they enable the provider to have reasonable indicators as to the Member State of residence of its subscriberscomply with the provisions of this Regulation in the same way as providers of online content services which are provided against payment of money.
Amendment 148 #
Proposal for a regulation
Article 1
Article 1
This Regulation introduces within the Union a common approach to ensuring that subscribers to online content services in the Union, when temporarily present in a Member State,ir Member State of residence can access and use theose services when temporarily present in another Member State.
Amendment 158 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) "Member State of residence" means the Member State where the subscriber is habitually residingresides genuinely and in a continuous manner, which is to be identified by the means referred to in Article 3a(2);
Amendment 170 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) "Temporarily present" means a presence of a subscriber in a Member State other than the Member State of residence for a limited period;
Amendment 175 #
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) "Online content service" means a service as defined by Articles 56 and 57 of the Treaty on the Functioning of the European Union that a service provider is lawfully providing online in the Member State of residence on a portable basis and which is an audiovisual media service within the meaning of Directive 2010/13/EU or a service the main feature of which is the provision of access to and use of works, other protected subject matter or transmissions of broadcasting organisations, whether in a linear or an on- demand manner, which is provided to a subscriber on agreed terms either: (1) (2) provided that the subscriber's Member State of residence is verified by the provider;; against payment of money; or without payment of money
Amendment 189 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
(1) The provider of an online content service shall enable a subscriber who is temporarily present in a Member State other than the Member State of residence to access and use the online content service.
Amendment 202 #
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
(3a) The provider of an online content service provided without payment of money may decide to allow its subscribers who are temporarily present in a Member State to access and use the service in accordance with this Regulation. In order for the provisions of this Regulation to be applicable to providers in accordance with paragraph 1 of this Article, the provider shall verify the subscribers' Member State of residence in accordance with Article 3b. The provider shall inform subscribers, the relevant holders of copyright and related rights and those holding any other rights in the content of online content service of its decision to provide the online content service in accordance with paragraph 1 of this Article prior to providing that service. The information shall be provided by means which are adequate and proportionate. If the provider chooses to provide the online content service in accordance with paragraph 1 of this Article, this Regulation shall apply to that provider.
Amendment 210 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Amendment 224 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
(1) Any contractual provisions including those between holders of copyright and related rights, those holding any other rights relevant for the use of content in online content services and service providers, as well as between service providers and subscribers which are contrary to Articles 3(1) and 4this Regulation shall be unenforceable.
Amendment 228 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 253 #
Proposal for a regulation
Article 7 b (new)
Article 7 b (new)
Article 7b Evaluation Three years after the entry into force of this Regulation the Commission shall assess its implementation and report to the European Parliament and the Council. That report shall include an assessment of the verification of the Member State of residence, and, if necessary, on the need for a review. The report shall assess, in particular, whether or not there has been an increase in the prices charged to consumers. The Commission's report shall be accompanied, if appropriate, by a legislative proposal.
Amendment 256 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
It shall apply from [date: 612 months following the day of its publication].