18 Amendments of Tadeusz ZWIEFKA related to 2012/0180(COD)
Amendment 152 #
Proposal for a directive
Recital 9
Recital 9
(9) Having the freedom to provide and to receivereceive services for collective management serviceof copyright and related rights 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.
Amendment 202 #
Proposal for a directive
Recital 36 a (new)
Recital 36 a (new)
(36a) To the effectiveness and benefit of the dispute resolution procedures, Members States should ensure that their relevant national dispute resolution bodies have a minimum training and experience in the field of copyright and related rights.
Amendment 203 #
Proposal for a directive
Recital 36 b (new)
Recital 36 b (new)
(36b) In order to ensure that dispute resolution mechanisms are used in good faith, Member States may complement these mechanisms with a provision on escrow procedures. The sums in question should be set up by a court or an independent dispute resolution body.
Amendment 219 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
Articles 16 – 19, 24(1) and 24(2) shall also apply to any entity other than a collective management organisation which by way of assignment, licence or other contractual agreement manage copyright or related rights on behalf of more than one rightholder as its sole or main purpose for the collective benefit of those rightholders.
Amendment 228 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘collecting societyve management organisation’ 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: a) owned or controlled by its members; and/or b) is a non profit making body;
Amendment 279 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The statute of the collecting societyve management organisation shall provide for appropriate and effective mechanisms of participation of its members in the collecting society's decision-making process. The representation of the different categories of members in the decision-making process shall be fair and balanced.
Amendment 283 #
Proposal for a directive
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5 a. Collective management organisations shall make information included in Article 19(1) publicly accessible provided that the protection of the personal data of the rightholders is preserved.
Amendment 302 #
Proposal for a directive
Article 7 – paragraph 5 – point d
Article 7 – paragraph 5 – point d
(d) the rulesgeneral policy on deductions from rights revenue. and on income derived from its investment, to the extent investments are allowed by the Member States;
Amendment 334 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that the collecting societyve management organisation establishes a supervisory function responsible for continuously monitoring the activities and the performance of the duties of the persons entrusted with managerial responsibilities in the collecting societyve management organisation. There shall be fair and balanced representation of the members of the collecting societyve management organisation in the body exercising this function in order to ensure their effective participation.
Amendment 397 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The collecting society shallMember States shall ensure that a collective management organisation does not apply deductions, other than management fees, to the rights revenue derived from the rights it manages on the basis of a representation agreement with another collecting society, unless the other collecting society expressly consents to such deductions, and to any income arising from the investment of that rights revenue.
Amendment 422 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15a Obligations on users Member States shall ensure that users provide a collective management organisation, within a reasonable period, with relevant information on the use of the rights represented by the collective management organisation that is necessary for the collection and distribution of rights revenue. Member States shall ensure that collective management organisations have the right to request the above information from users. When necessary, this information should be provided in an electronic form allowing for its processing by the collective management organisation.
Amendment 451 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Amendment 464 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. In addition, a collecting societyA collective management organisation shall make available at the duly motivated request of any rightholder or any collecting societyve management organisation, 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.
Amendment 474 #
Proposal for a directive
Article 19 – paragraph 1 – point g a (new)
Article 19 – paragraph 1 – point g a (new)
(ga) standard licensing contracts and applicable tariffs;
Amendment 478 #
Proposal for a directive
Article 19 – paragraph 1 – point g b (new)
Article 19 – paragraph 1 – point g b (new)
(gb) the repertoire and rights it manages and the Member States covered;
Amendment 480 #
Proposal for a directive
Article 19 – paragraph 1 – point g c (new)
Article 19 – paragraph 1 – point g c (new)
Amendment 503 #
Proposal for a directive
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3a. The requested collective management organisation shall offer and manage the repertoire of the requesting collective management organisation for the purpose of multi-territorial licensing on the same conditions as its own repertoire.
Amendment 534 #
Proposal for a directive
Article 37 – paragraph 1 a (new)
Article 37 – paragraph 1 a (new)
1a. Member States may require collective management organisations established outside their territory to obtain a prior authorisation from the competent authority in order to operate within the framework of the arrangements in that Member State concerning the management of rights such as extended collective licensing, compulsory collective management and legal presumptions of representation, or transfer of rights. Member States shall ensure that compliance by collective management organisations, operating in their territory on the basis of such authorisation, with the provisions of national law adopted pursuant to the requirements laid down in this Directive is monitored by competent authorities designated for that purpose.