Activities of Helga TRÜPEL 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)
Amendments (13)
Amendment 91 #
Proposal for a directive
Recital 3
Recital 3
Amendment 102 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to ensure that holders of copyright and related rights can fully benefit from the internal market when their rights are being managed collectively and that their freedom to exercise their rights is not unduly affected, it is necessary to provide for the inclusion of appropriate safeguards in the constituting documents of collecting societies. Moreover, in accordance with Directive 2006/123/EC collecting societieve management organisations. Moreover, collective management organisations should not discriminate, directly or indirectly, between rightholders on the basis of their nationality, place of residence or place of establishment when providing their management services.
Amendment 104 #
Proposal for a directive
Recital 9
Recital 9
(9) Having the freedom to provide and to receive services for collective management servicesof copyright, related rights and other subject matter across national borders entails that rightholders are able to freely choose the collecting societyve management organisation for the management of their rights, such as public performance or broadcasting rights, or categories of rights, such as interactive communication to the public, provided the collecting societyve management organisation already manages such rights or categories of rights. This implies that rightholders can easily withdraw their rights or categories of rights from a collecting societyve management organisation and entrust or transfer all or part of them to another collecting societyve management organisation or another entity irrespective of the Member State of residence or the nationality of either the collecting societyve management organisation or the rightholder. Collecting societieve management organisations managing different types of works and other subject matter, such as literary, musical or photographic works, should also allow this flexibility to rightholders as regards the management of different types of works and other subject matter. Collecting societieve management organisations should inform rightholders of this choice and allow them to exercise it as easily as possible. Finally, this Directive should not prejudice the possibilities of rightholders to manage their rights individually, including for non- commercial uses. The difference between ‘non-commercial’ and ‘commercial’ should be defined as follows: if content, protected by authors' rights, is being offered directly on an internet site, which acquires revenues to a non-negligible degree through donations, for example via membership contributions, through payments by clients or via advertisement through links to other homepages, such an activity shall be considered to be commercial.
Amendment 153 #
Proposal for a directive
Recital 28 a (new)
Recital 28 a (new)
(28a) While the transparency and accuracy of repertoire information, timely and accurate reporting, invoicing and payments to rightholders are indispensable for the functioning of multi-territorial licensing in the internal market, it is also appropriate to require that collective management organisations managing authors' rights in musical works meet these higher standards with respect to all other forms of exploitation of those works and to all types of licences they provide. However it needs to be recognised that meeting the standards laid down for accurate invoicing and payments to rightholders also require an improvement in the accuracy of reporting by users, in particular in the offline environment. Therefore, collective management organisations need not comply with these requirements before 2020.
Amendment 166 #
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
Member States shall ensure that by 1 January 2020, all collective management organisations established in the Union managing authors' rights in musical works shall comply with the standards set out in Articles 23, 24, 25 and 26 with respect to all forms of exploitation of musical works.
Amendment 176 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
Title I, Articles 13, 14, 15, 17 and 18 of Title II and Title IV with the exception of Articles 36 and 40 shall also apply, for their operations carried out in the Union, to collecting societies established outside the Union.
Amendment 177 #
Proposal for a directive
Article 2 – paragraph 2 b (new)
Article 2 – paragraph 2 b (new)
Title I, Articles 10, 11(1), 12, 15, 16, 18, 19 and 20 of Title II, Title III and Articles 34, 35, 37 and 38 of Title IV shall also apply to independent rights management service providers based inside or outside the Union who act as agents for rightholders for the management of their rights and operate in the Union on a commercial basis.
Amendment 193 #
Proposal for a directive
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
aa) ‘commercial operator’ means any entity which as its principal or main activity offers collective rights management services to holders of copyrights or rights related to copyright on a commercial basis.
Amendment 214 #
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. This Directive shall not allow to cherry-pick the most popular and most successful works for individual management while leaving the rest that is more costly to manage and less profitable to the collective management organisations.
Amendment 215 #
Proposal for a directive
Article 5 – paragraph 1 b (new)
Article 5 – paragraph 1 b (new)
1b. It is also important to give more flexibility to rightholders in the management of their rights. Therefore collective management organisations managing different types of works and other subject matter, such as literary, musical or photographic works, should also allow more flexibility to rightholders as regards the management of different types of works and other subject matter on work-by-work basis management for non- commercial use. Collective management organisations shall inform rightholders of this opportunity and allow them to exercise it as easily as possible.
Amendment 216 #
Proposal for a directive
Article 5 – paragraph 1 c (new)
Article 5 – paragraph 1 c (new)
1c. The difference between ‘non- commercial’ and ‘commercial’ shall be defined as follows: If content, protected by authors' rights, is being offered directly on an internet site, which acquires revenues to a non-negligible degree through donations, for example via membership contributions, through payments by clients or via advertisement through links to other homepages, such an activity shall be considered to be commercial.
Amendment 265 #
Proposal for a directive
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Every member of a collecting societyve management organisation shall have the right to appoint any other natural or legal person as a proxy holder to attend and vote at the general meeting in his name. To be valid, the proxy shall have been given by the member to the proxy holder no more than three months before its use. There shall be fair and balanced representation of the different categories of members of the collective management organisation.
Amendment 389 #
Proposal for a directive
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Member States shall designate competent authorities which continuously monitor collective management organisations established in their territory. Member States shall provide that their respective competent authorities may take appropriate administrative sanctions and/or measures where the provisions of the national provisions adopted in the implementation of this Directive have not been complied with, and shall ensure that they are applied. The sanctions and measures shall be effective, proportionate and dissuasive.