Activities of Sajjad KARIM 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)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online uses in the internal market PDF (1 MB) DOC (1 MB)
Amendments (14)
Amendment 225 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘'collecting society’ve 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 owned or controlled by its members;on behalf of more than one rightholder for the collective benefit of those rightsholders. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 235 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) ‘rightholder’ means any natural person or legal entity other than a collecting society that holds a copyright or related right or who under an agreement for the exploitation of rights or by law, is entitled to a share of the rights revenue from any of the rights managed by the collecting society. Where such persons are performers, 'rightholder' shall include the holder of the related right, or his or her heirs;
Amendment 265 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Rightholders 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 andof rights from the repertoire will only take effect at the end of the financial year, whichever is sooner after following the expiry of thean agreed notice period.
Amendment 272 #
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shall ensure that the rightholder gives express consent specificallyconsent for each right or category of rights or type of works and other subject matter which that rightholder authorises the collecting society to manage and that any such consent is evidenced in documentary form.
Amendment 316 #
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The general meeting shall control the activities of the collecting societyve management organisation by, at least, deciding on the appointment and removal of the auditor and approving the annual transparency report and the auditor'shaving placed before them, together with the company's accounts, the annual transparency report.
Amendment 387 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where the amounts due to rightholders cannot be distributed, after fivnot less than three years from the end of the financial year in which the collection of the rights revenue occurred, and provided that the collecting societyve management organisation has taken all necessary measures to identify and locate the rightholders, the collecting societyMember States shall dspecide 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 societyfy to whom the undistributed monies shall be paid and shall ensure that the distribution takes place without prejudice to the right of the rightholder to claim such amounts from the collective management organisation in accordance with the laws of the Member States on the statute of limitation claims.
Amendment 433 #
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
Member States shall ensure that a collecting society makes available at least once a year, by electronic means, the following information to each rightholder to whom it makes a payment during the period concerned and member it represents:
Amendment 447 #
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
In addition, the collective management organisation shall make available the information referred to in paragraph 1 to rightsholders it represents where requested to do so by those rightsholders.
Amendment 457 #
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 States covered. Such information may be provided in general terms where provision of detailed information imposes an unreasonable burden on the collective management organisation;
Amendment 499 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Any representation agreement between collecting societies whereby a collecting society mandates another collecting society to grant multi-territorial licences for the online rights in musical works in its own music repertoire shall be of a non- exclusive nature. The mandated collecting society shall manage those online rights on non-discriminatory terms. Unless appropriately justified, the mandated collecting society shall issue licenses under the same conditions as for its own repertoire.
Amendment 512 #
Proposal for a directive
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Member States shall ensure that collecting societies make available to their members and rightholders effective and timely procedures for dealing with complaints and for resolving disputes, including where appropriate recourse to an independent and impartial dispute resolution body, in particular in relation to authorisation to manage rights and termination or withdrawal of rights, membership terms, the collection of amounts due to rightholders, deductions and distributions.
Amendment 513 #
Proposal for a directive
Article 34 – paragraph 3
Article 34 – paragraph 3
3. PartieWhere the obligation set out in paragraph 1 is implemented by recourse to an independent and impartial dispute resolution body with expertise in intellectual property law, this shall not be prevented the parties from asserting and defending their rights by bringing an action before a court.
Amendment 519 #
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Member States shall ensure that disputes between collecting societies and users concerning existing and proposed licensing conditions, tariffs, and any refusal to grant a licence can be submitted to a court, and if appropriate, to an independent and impartial dispute resolution body with expertise in intellectual property law.
Amendment 528 #
Proposal for a directive
Article 36 – paragraph 1 – introductory part
Article 36 – paragraph 1 – introductory part
1. Member States shall ensure, for the purposes of Title III, that the following disputes of a collecting society which grants or offers to grant multi-territorial licences in online rights in musical works can be submitted to an independent and impartial alternative dispute resolution bodiesy expertise in intellectual property law: