Activities of Lothar BISKY related to 2012/0180(COD)
Shadow opinions (1)
OPINION 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
Amendments (28)
Amendment 78 #
Proposal for a directive
Recital 1
Recital 1
(1) The directives which have been adopted in the area of copyright and related rights already provide a high leveldegree of protection for rightholders and thereby for a framework where the exploitation of content protected by these rights can take place. They contribute to developing and maintaining creativity. In an internal market where competition is not distorted, protecting innovation and intellectual creation also encourages investment in innovative services and products, as well as promoting and safeguarding cultural diversity.
Amendment 84 #
Proposal for a directive
Recital 2
Recital 2
(2) The dissemination of content which is protected by copyright and related rights and the linked services, including books, photographs, audiovisual productions and recorded music require the licensing of rights by different holders of copyright and related rights, such as authors, performers, producers and publishers. It is normally for the rightholders to choose between the individual or collective management of their rights. Management of copyright and related rights includes the granting of licences to users, the auditing of licensees and monitoring of the use of rights, the enforcement of copyright and related rights, the collection of rights revenue derived from the exploitation of rights and the transparent distribution of the amounts due to rightholders. Collecting societiesve management organisations, as a form of self-organisation for artists, enable rightholders to be remunerated for uses which they would not be in a position to control or enforce themselves, including in non-domestic markets. Due account should be taken of their functions as trustees and their particular responsibility for cultural and social aspects and society as such. Moreover, they have an important social and cultural role as promoters of the diversity of cultural expressions by enabling the smallest and less popular repertoires to access the market. Article 167 of the Treaty on the Functioning of the European Union requires the Union to take cultural aspects into account in its action, in particular in order to respect and to promote the diversity of its cultures. In doing so, collective management organisations contribute significantly to the development of the cultural and artistic scene in Europe as well as to the growth of cultural and creative industries.
Amendment 86 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Collective management organisations, because of their social and cultural role, should set up social, cultural or educational amenities open to all members of such organisations on an equal footing.
Amendment 106 #
Proposal for a directive
Recital 9
Recital 9
(9) Having the freedom to provide and to receive services for collective management servicesof copyright, related rights and other subject matter 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 society already manages such rights or categories of rights. This implies that rightholders can easily withdraw their rights or categories of rights from a collecting society andve management organisation and, if necessary, 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 113 #
Proposal for a directive
Recital 10
Recital 10
(10) Membership of collecting societies should be possible, on the basedis onf objective and non- discriminatory criteria including as regards publishers who by virtue of an agreement on the exploitation of rights, are entitled to a share of the income from the rights managed by collecting societies and to collect such income from the collecting society, for all holders of rights managed by the relevant collective management organisation.
Amendment 114 #
Proposal for a directive
Recital 11
Recital 11
(11) Collecting societieve management organisations are expected to act in the best interests of their members. It is therefore important to provide for transparent systems which enable members of collecting societieve management organisations to exercise their membership rights by participating in the societieorganisations' decision-making process. The representation of the different categories of membersMembers must be represented in the decision-making process should be fair and balancedon an equal footing. The effectiveness of the rules on the general meeting of members of collecting societies mayve management organisations might be undermined if there were no provisions on how the general meeting should be run. Thus, it is necessary to ensure that the general meeting is convened regularly, and at least annually, and that the most important decisions in the collecting societyve management organisation, such as the setting of tariffs, for example, are taken by the general meeting.
Amendment 132 #
Proposal for a directive
Recital 19
Recital 19
(19) To enhance the trust of rightholders, users and other collecting societies in the management services provided by collecting societieve management organisations, each collecting society should be required to set up specific transparency measures. Each collecting society should therefore inform individual rightholders of the amounts paid to them and the corresponding deductions made. TheyCollective management organisations should also be required to provide sufficient information, including financial information, to the other collecting societieve management organisations whose rights they manage through representation agreements. Each collecting society should also make public enoughall relevant information in standardised form to ensure that rightholders, users and other collecting societieve management organisations understand how it is structured and how it carries out its activities. Collecting societieve management organisations should in particular disclose to rightholders, users and other collecting societve management organisations, on the basis of standardised information categories, the scope of their repertoire and their rules on fees, deductions and tariffs.
Amendment 138 #
Proposal for a directive
Recital 22
Recital 22
(22) While the Internet knows no borders, the online market for music services in the EU is still fragmented, and a single market has still not been fully achieved. The complexity and difficulty associated with the collective management of rights in Europe has, in a number of instances, exacerbated the fragmentation of the European digital market for online music services. This situation comes in stark contrast to the fast growing demand of consumers for access to digital content and associated innovative services, including across national borders. It is therefore increasingly necessary to adapt copyright law to the digital age.
Amendment 141 #
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) Moreover, this Directive takes into account the possibility of distinguishing between commercial use, private use and free use of material, in the latter case made available on a non-profit basis. In addition, rightholders have the option of managing their rights themselves or transferring them to another society or association.
Amendment 142 #
Proposal for a directive
Recital 24
Recital 24
(24) In the online music sector, where collective management of authors' rights on a territorial basis remains the norm, it is essential to create conditions conducive to the most effective licensing practices by collecting societies, in an increasingly cross-border context. It is therefore appropriate to provide for a set of rules coordinating basic conditions for the provision by collecting societies of multi- territorial collective licensing of authors' online rights in musical works. These provisions should ensure the necessary minimum quality of the cross-border services provided by collecting societies, notably in terms of transparency of repertoire represented and accuracy of financial flows related to the use of the rights. They should also set out a framework for facilitating the voluntary aggregation of music repertoire and thus reducing the number of licences a user needs to operate a multi-territorial service. These provisions should enable a collecting society to request another collecting society to represent its repertoire on a multi-territorial basis where it cannot fulfil the requirements itself. There should be an obligation on the requested society, provided that it aggregates repertoire and offers or grants multi-territorial licences, to accept the mandate of the requesting society. The development of legal online music services across the Union should also contribute to the fight against pirac to accept the mandate of the requesting society.
Amendment 148 #
Proposal for a directive
Recital 25
Recital 25
(25) The availability of accurate and comprehensive informationinformation in standardised form on the musical works, rightholders and the rights that each collecting society is authorised to represent in a given Member State is of particular importance for an effective and transparent licensing process, for the subsequent monitoring of the use of licensed rights and the related invoicing of service providers as well as for the distribution of amounts due to rightholders. For this reason, collecting societies granting multi- territorial licences for musical works should be able to process such standardised detailed data quickly and accurately. This requires the use of continually updated databases on ownership of rights that are licensed on a multi-territorial basis, containing data that allow for the identification of works, rights, rightholders and Member States which a collecting society is authorised to represent. These databases should also help to match standardised information on works with information on phonograms or any other fixation in which the work has been incorporated. It is also important to ensure that prospective licensees and rightholders have access to the information they need to identify the repertoire that those collecting societies are representing, without prejudice to any measure these societies may be entitled to take to protect the accuracy and integrity of the data, to control its reuse and to protect personal data and commercially sensitive information.
Amendment 220 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Rightholders shall have the right to manage their own rights, including categories of rights, works or particular types of such works, and shall also have the right to have their rights managed by a society or association.
Amendment 233 #
Proposal for a directive
Article 5 – paragraph 7 a (new)
Article 5 – paragraph 7 a (new)
7a. Collective rights management organisations shall establish social, cultural or educational services funded through deductions from rights revenue; these services shall be open to all members of such collective rights management organisations on an equal footing.
Amendment 234 #
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. These criteria shall be included in the statute or the membership terms of the collecting society and shall be made publicly availablebe required to manage the rights and entitlements falling within their field of activity on reasonable terms, at the request of the rightholders.
Amendment 237 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The statutes of the collecting society shall provide forve rights management organisations shall lay down appropriate and, effective and transparent mechanisms of participation of itstheir members in the collecting society's decision-making process of the collective rights management organisations. The representation of the different categories of members in the decision-making process shall be fair and balancedorganised on a footing of equality.
Amendment 240 #
Proposal for a directive
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5a. Collective rights management organisations shall make publicly accessible the list of their members and their respective rights or categories of rights or works or types of works and other subject matter which the rightholders authorise the collective rights management organisation to manage, and their rules on fees, deductions and tariffs, on the basis of standardised categories of information; the personal data of rightholders shall be protected in this context.
Amendment 251 #
Proposal for a directive
Article 7 – paragraph 7
Article 7 – paragraph 7
Amendment 252 #
Proposal for a directive
Article 7 – paragraph 7 – subparagraph 1
Article 7 – paragraph 7 – subparagraph 1
Amendment 254 #
Proposal for a directive
Article 7 – paragraph 7 – subparagraph 1 – point a
Article 7 – paragraph 7 – subparagraph 1 – point a
Amendment 255 #
Proposal for a directive
Article 7 – paragraph 7 – subparagraph 1 – point b
Article 7 – paragraph 7 – subparagraph 1 – point b
Amendment 258 #
Proposal for a directive
Article 7 – paragraph 7 – subparagraph 2
Article 7 – paragraph 7 – subparagraph 2
Amendment 274 #
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 balancedequal representation of theall members of the collecting societyve management organisation in the body exercising this function in order to ensure their effective participation.
Amendment 293 #
Proposal for a directive
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
(a) social, cultural or educational services on the basis of fairequal criteria, in particular in relation to the access to and the extent of those services;
Amendment 297 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that the collecting societyve management organisation regularly and diligently distributes and pays amounts due to all rightholders it represents. The collecting society shall carry out such distribution and payments no later than 12 months from the end of the financial year in which the rights revenue was collected, unless objective reasons related in particular to in accordance with a transparent distribution procedure ensuring equal treatment. The collective management organisation shall carry out such distribution and payments without undue delay as soon as the amount for a rightholder covers the collection costs and maintenance for the corresportnding by users, the identification of rights, rightholders or torights and administrative costs, after a period of three matching of information on works and other subject months and no latter with rightholders prevent the collecting society from respecting this deadline. The collecting societythan six months from the collection of the relevant right revenues. The collective management organisation shall carry out such distribution and payments accurately, ensuring equal treatment of all categories of rightholders.
Amendment 308 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The collecting societyAfter a set period, the collective management organisation shall 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 deducve management organisations.
Amendment 362 #
Proposal for a directive
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Where a collecting society mandates another collecting societyve management organisation mandates another collective management organisation to grant multi- territorial licences for the online rights in musical works under Articles 28 and 29, the mandated collecting society shall distribute the amounts referred to in paragraph 1 and provide the information referred to in paragraph 2 to the mandating collecting society, which shall be responsible for its subsequent distribution and information to rightholders, unless they agree otherwise.
Amendment 371 #
Proposal for a directive
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The requesting collecting societyve management organisation shall make available to the requested collecting society the information on its own music repertoire required for the provision of multi- territorial licences for online rights in musical works, on the basis of standardised information categories. Where information is insufficient or provided in a form that does not allow the requested collecting societyve management organisation to meet the requirements of this Title, the requested collecting societyve management organisation shall be entitled to charge for the reasonable costs incurred in meeting such requirements or to exclude those works for which information is insufficient or cannot be used.
Amendment 384 #
Proposal for a directive
Article 35 – paragraph 2 a (new)
Article 35 – paragraph 2 a (new)
2a. The dispute resolution body shall have all the necessary powers to permit the procedure to take place in good time and be completed rapidly in the interests of all parties.