Activities of Silvia-Adriana ȚICĂU 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 (26)
Amendment 273 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Collecting societies shall accept rightholders as members if they fulfil the membership requirements. They may only refuse a request for membership on the basis of objective criteria. Collecting societies may not refuse to grant membership to rightholders on the basis of criteria relating to residence, establishment, age or nationality. These criteria shall be included in the statute or the membership terms of the collecting society and shall be made publicly available.
Amendment 303 #
Proposal for a directive
Article 7 – paragraph 5 – point d a (new)
Article 7 – paragraph 5 – point d a (new)
(d a) to approve any acquisition of immovable property by the collecting society;
Amendment 306 #
Proposal for a directive
Article 7 – paragraph 5 – point d b (new)
Article 7 – paragraph 5 – point d b (new)
(d b) to approve the setting-up of subsidiaries, acquisitions of other entities, acquisitions of shares or rights in other entities, mergers and alliances;
Amendment 309 #
Proposal for a directive
Article 7 – paragraph 5 – point d c (new)
Article 7 – paragraph 5 – point d c (new)
(d c) to approve the taking-out of loans, granting of loans and provision of security or guarantee for loans.
Amendment 318 #
Proposal for a directive
Article 7 – paragraph 7 – subparagraph 1 – introductory part
Article 7 – paragraph 7 – subparagraph 1 – introductory part
Any restriction on the right of the members of the collecting societyve management organisation to participate and to exercise voting rights at the general meeting shall be fair and proportionate and be based on the following criteria:prohibited.
Amendment 320 #
Proposal for a directive
Article 7 – paragraph 7 – subparagraph 1 – point a
Article 7 – paragraph 7 – subparagraph 1 – point a
Amendment 321 #
Proposal for a directive
Article 7 – paragraph 7 – subparagraph 1 – point b
Article 7 – paragraph 7 – subparagraph 1 – point b
Amendment 324 #
Proposal for a directive
Article 7 – paragraph 7 – subparagraph 2
Article 7 – paragraph 7 – subparagraph 2
Amendment 335 #
Proposal for a directive
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 337 #
Proposal for a directive
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
Amendment 339 #
Proposal for a directive
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
Amendment 341 #
Proposal for a directive
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
Amendment 351 #
Proposal for a directive
Article 9 – title
Article 9 – title
Obligations of the persons who effectively manage the business of the collecting society and those exercising the supervisory function
Amendment 353 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Member States shall ensure that the persons who effectively manage the business of a collecting society and, its directors, with the exception of the director and the persons exercising the supervisory function, design procedures so as to avoid conflicts of interest. The collecting society shall have procedures to identify, manage, monitor and disclose conflicts of interest in order to prevent them from adversely affecting the interests of members of the society.
Amendment 357 #
Proposal for a directive
Article 9 – paragraph 2 a (new)
Article 9 – paragraph 2 a (new)
2a. Collecting societies shall publish these statements on their website.
Amendment 361 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The collecting society shall not be allowed to use rights revenue and any income derived from its investment for its own account, save that it may deduct its management fees, which may not exceed 15% of the income collected.
Amendment 368 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that agreements governing the relationship of the collecting society with its members and rightholders shall specify deductions applicable to the rights revenue referred to in point (e) of Article 16. Agreements shall be concluded on the basis of a framework contract which shall be published on the collecting society's website and which shall specifically and transparently set out the deductions applicable to the rights revenue referred to in point (e) of Article 16.
Amendment 376 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that the collecting society regularly and diligently distributes and pays amounts due to all rightholders it represents. The collecting society shall carry out such distribution and payments as quickly as possible and no later than 126 months from the end of the financial year in which the rights revenue was collected, unless objective reasons related in particular to reporting by users, the identification of rights, rightholders or to the matching of information on works and other subject matter with rightholders prevent the collecting society from respecting this deadline. The collecting society shall carry out such distribution and payments accurately, ensuring equal treatment of all categories of rightholders.
Amendment 394 #
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall ensure that a collecting society does not discriminate between its members and any rightholders whose rights it manages under a representation agreement, in particular with respect to applicable tariffs, management fees, and the conditions for the collection of the rights revenue and distribution of the amounts due to rightholders, and the deductions applicable to the rights revenue referred to in point (e) of Article 16.
Amendment 444 #
Proposal for a directive
Article 16 – paragraph 1 – point h a (new)
Article 16 – paragraph 1 – point h a (new)
(ha) the information provided in accordance with Article 17;
Amendment 458 #
Proposal for a directive
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
(c) a list of representation agreements it has entered into, including information on other collecting societies involved, the repertoire represented and the territorial scope covered by any such agreement, and the information provided in accordance with Article 17.
Amendment 469 #
Proposal for a directive
Article 19 – paragraph 1 – point f
Article 19 – paragraph 1 – point f
(f) rules on deductions from rights revenue for purposes other thanincluding management fees, includingand deductions for the purposes of social, cultural and educational services;
Amendment 498 #
Proposal for a directive
Article 26 – paragraph 2 – point c
Article 26 – paragraph 2 – point c
(c) for each online music service provider, amounts collected for the rightholder, deductions made, and amounts distributed by the collecting society, with a breakdown per Member State for which the collecting society has granted licences for online rights in musical works.
Amendment 536 #
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
By [53 years after the end of the transposition period (date)], the Commission shall assess the application of this Directive and report to the European Parliament and to the Council on the application of this Directive, including its impact on the development of cross-border services and on cultural diversity, and, if necessary, on the need to review it. The Commission shall submit its report accompanied, if appropriate, by a legislative proposal.
Amendment 539 #
Proposal for a directive
Annex 1 – point 1 – point g a (new)
Annex 1 – point 1 – point g a (new)
(ga) the information referred to in Article 17;
Amendment 540 #
Proposal for a directive
Annex 1 – point 2 – point c – point ii
Annex 1 – point 2 – point c – point ii
(ii) total amount paid to rightholders, with a breakdown per category of rights managed and type of use and per Member State;