3 Amendments of Ivo BELET related to 2012/0180(COD)
Amendment 55 #
Proposal for a directive
Recital 35
Recital 35
(35) Broadcasting organisations generally rely on a blanket licence from a local collecting society, for their own broadcasts of television and radio programmes which include musical works. This licence is often limi rights to the world repertoire of musical works in order to communicate and make available to the public their own television and radio programmes and online services related to their broadcasting activities. A licence for online rights in musical works would be required in order to allow such television or radio broadcasts to be also available online. To facilitate the licensing of online music rights for the purposes of simultaneous and delayed transmission online of television and radio broadcasts, it is necessary to provide for a derogation from the rules that wouls, such as material which supplements, enriches or otherwise expands on the broadcaster's programme offerings. Such blanket licences for broadcasters respond to an actual need, are well established and generally accepted by right holders, broadcasters and collecting societies alike. This directive should therefore maintain that established practice so as to avoid otherwise apply to the multi-territorial licensing of musical works for application of different rules for the licensing of broadcasters' offline and online uses. Such derogation should be limited to what is necessary to allow access to television or radio programmes online and to material having a clear and subordinate relationship to the original broadcast produced for purposes such as supplementing, previewing or reviewing that television or radio programme. That derogationrvices. For this reason it is necessary to exempt collecting societies from the application of Title III when they license online services to broadcasters that are related to their offline broadcast services. This should not operate so as to distort competition with other services which give consumers access to individual musical or audiovisual works online, or lead to restrictive practices, such as market or customer sharing, in breach ofand should remain in compliance with national and EU law, in particular Articles 101 or 102 of the Treaty on the Functioning of the European Union.
Amendment 61 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
Title III shall however not apply when collecting societies grant licenses for such musical works, in compliance with national and community law, to broadcasters in relation to online services that are related to their offline broadcast services.
Amendment 158 #
Proposal for a directive
Article 33
Article 33