BETA

13 Amendments of Sirpa PIETIKÄINEN related to 2012/0180(COD)

Amendment 59 #
Proposal for a directive
Recital 3
(3) When established in the Union, collecting societies – as service providers – must comply with the national requirements pursuant to Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market which seeks to create a legal framework for ensuring the freedom of establishment and the free movement of services between the Member States. This implies that collecting societies should be free to provide their services across borders, to represent rightholders resident or established in other Member States or grant licences to users resident or established in other Member States.deleted
2013/05/15
Committee: IMCO
Amendment 65 #
Proposal for a directive
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 societies 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.deleted
2013/05/15
Committee: IMCO
Amendment 111 #
Proposal for a directive
Article 5 – paragraph 2
2. Rightholders shall have the right to authorise a collecting societyve management organisation of their choice to manage the rights, categories of rights or types of works and other subject matter of their choice, for the Member States of their choice, irrespective of the Member State of residence or of establishment or the nationality of either the collecting society or the rightholder. ve management organisation or the rightholder. Collective management organisation shall have the right to require the exclusive assignment of the rights in all works of their members.
2013/05/15
Committee: IMCO
Amendment 142 #
Proposal for a directive
Recital 7 a (new)
(7a) This Directive is without prejudice to the arrangements concerning the management of rights by the collective management organisations, such as extended collective licensing, mandatory collective management and legal presumptions of representation or transfer of rights.
2013/06/06
Committee: JURI
Amendment 143 #
Proposal for a directive
Recital 7 b (new)
(7b) This Directive is without prejudice to the legal form chosen traditionally by Member States for the operation of collective management organisations. The Member States should not be required to change the legal form of these organisations. The provisions of the Directive are without prejudice to rightholders' freedom of association and their right to organise themselves.
2013/06/06
Committee: JURI
Amendment 145 #
Proposal for a directive
Recital 7 c (new)
(7c) Titles I, II and IV of this Directive shall apply to all collective management organisations established in the Union. Member States may extend the application of this Directive to Title I, chapters 2 to 5 of Title II and Title IV with the exception of Articles 36 and 40 to non-EU collecting societies licensing the use of rights in their territory.
2013/06/06
Committee: JURI
Amendment 146 #
Proposal for a directive
Recital 7 d (new)
(7d) In this Directive, collective management organisations cover non- profit organisations authorised by more than one rightholder to manage copyright or related rights as their main activity and which are owned or directly or indirectly controlled by rightholders. Individual companies who in the normal course of their business are engaged in the production of content or licensing of rights on a commercial basis (such as music publishers, book publishers or music companies) are not covered by this Directive
2013/06/06
Committee: JURI
Amendment 219 #
Proposal for a directive
Article 28 – paragraph 1
1. In order to allow the aggregation of a multiplicity of repertoires and to be able to grant multi-repertoire and multi- territorial licences, collective management societies shall have the possibility to conclude representation agreements with other collective management societies for the coordination and efficiency of such licenses under equal and non- discriminatory terms. Any representation agreement between collectingve management societies whereby a collectingve management society mandates another collectingve management 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. ould preserve the ability for the mandating society to mandate another society.
2013/05/15
Committee: IMCO
Amendment 229 #
Proposal for a directive
Article 28 – paragraph 3 a (new)
3a. Member States shall promote, in the same conditions, where applicable, cooperation between collective management societies in the fields of management, administration and licensing of rights and create the legal framework conditions for their commencement and activity on a cross- border basis.
2013/05/15
Committee: IMCO
Amendment 257 #
Proposal for a directive
Article 5 – paragraph 2
2. Rightholders shall have the right to authorise a collecting societyve management organisation of their choice to manage the rights, categories of rights or types of works and other subject matter of their choice, for the Member States of their choice, irrespective of the Member State of residence or of establishment or the nationality of either the collecting society or the rightholdve management organisation or the rightholder. The collective management organisation shall have the right to require the exclusive assignment of the rights in all works of their members.
2013/06/06
Committee: JURI
Amendment 406 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 2
Tariffs for exclusive rights shall reflect the economic, inter alia, the value of the rights in trade andand the extent, nature and value of the uservice provided by the collecting society of the rights.
2013/06/06
Committee: JURI
Amendment 413 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 3
In the absence of any national law which establishes the amounts due to rightholders in respect of a right to remuneration and a right to compensation, the collecting society shall base its own determination of those amounts due, on the economicobjective criteria, which reflect, inter alia, the value of those rights in tradeand the extent, nature and value of the use of the rights.
2013/06/06
Committee: JURI
Amendment 439 #
Proposal for a directive
Article 16 – paragraph 1 – point e
(e) the deductions made for management feeamount of the management fees in the period concerned, the deductions made for management fees in the period concerned and the investment income used for management fees and/or distributed to the members in the period concerned;
2013/06/06
Committee: JURI