Activities of Pavel SVOBODA related to 2016/0280(COD)
Plenary speeches (2)
Copyright in the Digital Single Market (debate) CS
Copyright in the Digital Single Market (debate) CS
Amendments (12)
Amendment 311 #
Proposal for a directive
Recital 33
Recital 33
Amendment 330 #
Proposal for a directive
Recital 34
Recital 34
Amendment 345 #
Proposal for a directive
Recital 35
Recital 35
Amendment 462 #
Proposal for a directive
Recital 40
Recital 40
(40) Certain rightholders such as authors and performers need information to assess the economic value of their rights which are harmonised under Union law. This is especially the case where such rightholders grant a licence or a transfer of rights in return for remuneration. As authors and performers tend tocould be in a weaker contractual position when they grant licences or transfer their rights, they need information to assess the continued economic value of their rights, compared to the remuneration received for their licence or transfer, but they often face a lack of transparency. Therefore, the sharing of adequppropriate information by their contractual counterparts orand transferees or licensees and by their successors in title is important for the transparency and balance in the system that governs the remuneration of authors and performers.
Amendment 469 #
Proposal for a directive
Recital 41
Recital 41
(41) When implementing transparency obligations, the specificities of different content sectors and of the rights of the authors and performers in each sector should be considered. Member States should consult all relevant stakeholders as that should help determine sector-specific requirements and facilitate the design of standard reporting statements and procedures for each sector. Collective bargaining should be considered as an option to reach an agreement between the relevant stakeholders regarding transparency. To enable the adaptation of current reporting practices to the transparency and where collective bargaining agreements containing transparency are in place the obligations, a of transitional period should be provided for. The transparency obligations do not need to apply to agreements concluded with collective management organisations as those are already subject to transparency obligations under Directive 2014/26/EUparency shall be deemed to have been satisfied. To enable the adaptation of current reporting practices to the transparency obligations, a transitional period should be provided for.
Amendment 478 #
Proposal for a directive
Recital 42
Recital 42
(42) Certain contracts for the exploitation of rights harmonised at Union level are of long durationfor the entire duration of copyright, offering fewno possibilities for authors and performers to renegotiate them with their contractual counterparts or their successors in title. Therefore, without prejudice to the law applicable to contracts in Member States, there should be a remuneration adjustment mechanism for cases where the remuneration originally agreed under a licence or a transfer of rights is disproportionately low compared to the relevant revenues and the benefits derived from the exploitation of the work or the fixation of the performance, including in light of the transparency ensured by this Directive. Collective bargaining should be considered as an option to reach an agreement. The assessment of the situation should take account of the specific circumstances of each case as well asnd of the specificities and practices of the different content sectors. Where the parties do not agree on the adjustment of the remuneration, the author or performer should be entitled to bring a claim before a court or other competent authority.
Amendment 736 #
Proposal for a directive
Article 11
Article 11
Amendment 891 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Member States shall ensure that authors and performers receive on a regular basis and taking into account the specificities of each sector, timely, adequate, accurate and sufficient information on the exploitation of their works and performances from those to whom they have licensed or transferred their rights, notably as regards modes of exploitation and promotion, revenues generated and remuneration due.
Amendment 904 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The obligation in paragraph 1 shall be proportionate and effective and shall ensure an appropriate level of transparency in every sectorensure a high degree of transparency in every sector, as well as authors' right to audit. However, in those cases where the administrative burden resulting from the obligation would be disproportionate in view of the revenues generated by the exploitation of the work or performance, Member States may adjust the obligation in paragraph 1, only if the level of disproportionality could be justified, and provided that the obligation remains effective and ensures an appropriate level of transparency.
Amendment 912 #
Proposal for a directive
Article 14 – paragraph 3
Article 14 – paragraph 3
Amendment 951 #
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. Member states shall ensure that authors and performers or their representative organisations are entitled to claim additional, appropriate remuneration from the party with whom they entered into a contract for the exploitation of the rights when the remuneration originally agreed is disproportionately low compared to subsequent revenues and benefits derived from the exploitation of the works or performances.
Amendment 958 #
Proposal for a directive
Article 15 – paragraph 1 b (new)
Article 15 – paragraph 1 b (new)
Member States shall provide authors with reversion right to enable them to terminate a contract in case of insufficient exploitation and promotion, payment of the remuneration foreseen and also in case of insufficient reporting.