Activities of Christian ENGSTRÖM 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)
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 (68)
Amendment 76 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Where the amounts due to rightholders cannot be distributed, because the collective management organisation failed to identify and locate the rightholders, it would provide a disincentive for the collective management organisations to be diligent in their effort to locate the proper rightholders, if they were allowed to keep the money and use it for other purposes if they fail. Since it is Member States that have primary responsibility for cultural policy, it is appropriate that the money that cannot be distributed shall be paid to a fund set up and managed for this purpose by the Member State in which the money was collected. The fund is thereafter responsible for any claims from reappearing rightholders. In addition to that, each Member State will decide how to use the money in the fund for related purposes, such as paying reappearing rightholders according to Directive 2012/28/EU on Certain Permitted Uses of Orphan Works, digitising and restoring our cultural heritage, and promoting cultural diversity.
Amendment 94 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
Titles I, II and IV with the exception of Articles 36 and 40 shall apply to all collecting societies establishedve management organisations active in at least one Member State in the Union.
Amendment 98 #
Proposal for a directive
Article 3 – point a
Article 3 – 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 on behalf of more than one rightholder, for the collective benefit of those rightholders as its sole or one of its main purposes, and which is: (i) owned or controlled by its members, or (ii) organised as a not for profit organisation, or (iii) owned or controlled by one or more collective management organisations;
Amendment 104 #
Proposal for a directive
Article 3 – point f
Article 3 – point f
(f) ‘'rights revenue’' means income collected by a collecting societyve management organisation on behalf of rightholders, whether from an exclusive right, a right to remuneration or a right to compensation, and including any income derived from the investments of rights revenue;
Amendment 113 #
Proposal for a directive
Article 5 – paragraph 2
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, works 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 societyve management organisation or the rightholder.
Amendment 119 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Rightholders shall have the right to grant free licences for the non- commercial use of their works and rights. In this case, rightholders shall inform in due time the collective management organisations authorised to manage the rights of such works that such a free licence has been granted.
Amendment 123 #
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, works or types of works and other subject matter granted to a collecting societyve management organisation or to withdraw from a collecting societyve management organisation any of the rights or categories of rights, works or types of works and other subject matter of their choice, at any time during the term of the authorisation, for the Member States of their choice, upon serving reasonable notice not exceeding six months. The collecting societyve management organisation may decide that such termination or withdrawal will take effect only at the middle and at the end of the financial year, whichever is sooner after the expiry of the notice period.
Amendment 126 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Collecting societieve management organisations shall not restrict the exercise of rights provided under paragraphs 3 and 4 by requiring that the management of rights or categories of rights, works or type of works and other subject matter which are subject to the termination or the withdrawal are entrusted to another collecting societyve management organisation.
Amendment 127 #
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shall ensure that the rightholder gives express consent specifically for each right or category of rights, works or type of works and other subject matter which that rightholder authorises the collecting societyve management organisation to manage and that any such consent is evidenced in documentary form.
Amendment 129 #
Proposal for a directive
Article 5 – paragraph 7 a (new)
Article 5 – paragraph 7 a (new)
7a. Each member of a collective management organisation shall have the right to request external independent audits of their collective management organisation at any time during the term of the authorisation.
Amendment 136 #
Proposal for a directive
Recital 3
Recital 3
(3) When established in the Union, collecting societieve management organisations – 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 societieey are in particular not covered by the derogation provided in Article 17(11) in respect of copyright which relates to the rights as such (existence of the right, scope and exceptions, duration, etc) and does not concern services linked to the management of such rights, such as those provided by collective management organisations. This implies that collective management organisations 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.
Amendment 141 #
Proposal for a directive
Article 7 – paragraph 5 – point b
Article 7 – paragraph 5 – point b
Amendment 145 #
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's report. If the financial management practice of the collective management organisation is reasonably in doubt, the general meeting may decide to conduct an external audit. The result of such external audit shall be communicated to all members and to the public.
Amendment 149 #
Proposal for a directive
Article 7 – paragraph 7 – subparagraph 1 – introductory part
Article 7 – paragraph 7 – subparagraph 1 – introductory part
Every member of a collective management organisation shall have the right to vote at the general meeting, including, where appropriate, by electronic vote. 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:
Amendment 150 #
Proposal for a directive
Article 7 – paragraph 7 – subparagraph 1 – point b
Article 7 – paragraph 7 – subparagraph 1 – point b
Amendment 152 #
Proposal for a directive
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Every member of a collecting societyve management organisation shall have the right to appoint any other natural or legal person as a proxy holder to attend and vote at the general meeting in his name. To be valid, the proxy shall have been given freely by the member to the proxy holder no more than three months before its use.
Amendment 155 #
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 societyat organisation. There shall be fair and balanced representation of the members of the collecting societydifferent categories of members of the collective management organisation in the body exercising this function in order to ensure their effective participation.
Amendment 156 #
Proposal for a directive
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. The body entrusted with the supervisory function shall meet regularlyno less than every three months and shall have at least the following powers:
Amendment 161 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 – introductory part
Article 9 – paragraph 2 – subparagraph 2 – introductory part
Those procedures shall include an annual individual statement by each of those persons and directors, to the body entrusted with the supervisory function, to the members, and publicly accessible through the website of the collective management organisation. The statement shall be made before each of those persons take up their duties, and shall thereafter be renewed annually. The statement shall containing the following information:
Amendment 163 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Collecting societies shall be diligent in the collection and the management of rights revenueve management organisations shall be diligent, accurate and transparent in the collection and the management of rights revenue. Except in Member States with systems of extended collective licensing, a collective management organization shall ensure that it only collects rights revenue on behalf of rightholders whose rights it is authorised to represent.
Amendment 165 #
Proposal for a directive
Recital 13
Recital 13
(13) Members should be allowed to take part in monitoring the management of collecting societies. To this end, collecting societieve management organisations. To this end, collective management organisations should establish a supervisory function appropriate to their organisational structure and allow members to be represented in the body that exercises this function. To avoid imposing excessive burden on smaller collecting societies and to make the obligations arising from this Directive proportionate, Member States should be able to, if they consider this to be necessary, exclude the smallest collecting societies from having to organise such a supervisory function.
Amendment 172 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that the collecting societyve management organisations regularly and diligently distributes and pays amounts due to all rightholders it represents. The collecting societyve management organisation shall carry out such distribution and payments no later than 12 months from the end of the financial year in whichwithout undue delay and no later than three months after 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 societyve management organisation from respecting this deadline. The collecting societyve management organisation shall carry out such distribution and payments accurately, ensuring equal treatment of all categories of rightholders.
Amendment 175 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15a) Where the amounts due to rightholders cannot be distributed because the collective management organisation failed to identify and locate the rightholders, it would provide a disincentive for the collective management organisation to be diligent in its effort to locate the relevant rightholders, if it was allowed to keep the money and use it for other purposes. Since Member States have primary responsibility for cultural policy, it is appropriate that the money that cannot be distributed are paid to a fund set up and managed for this purpose by the Member State in which the money was collected. The fund should thereafter be responsible for any claims from reappearing rightholders. In addition to that, each Member State will decide how to use the money in the fund for related purposes, such as paying reappearing rightholders in accordance with Directive 2012/28/EU of the European Parliament and of the Council of 25 October 2012 on certain permitted uses of orphan works1, digitising and restoring our cultural heritage, and promoting cultural diversity. ______________ 1 OJ L 299, 27.10.2012, p.5
Amendment 176 #
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. Collective management organisation shall start distributing rights holder revenue when the amount collected reasonably covers collection costs. The minimum level required before distribution takes place may not unreasonably exceed the lowest minimum amount utilized by comparable collective management organisations.
Amendment 178 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where the amounts due to rightholders cannot be distributed, after fivthree years from the end of the financial year in which the collection of the rights revenue occurred, and provided that the collecting society has taken all necessary measures to identify and locate the rightholders, the collecting society shall decide 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 societybecause the collective management organisation failed to identify and locate the rightholders, the money shall be paid to a fund set up and managed for this purpose by the Member State in which the money was collected. The fund is thereafter responsible for any claims from reappearing rightholders.
Amendment 199 #
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. Member States shall ensure that a collecting societyve management organisation makes the following information available ato the request of any rightholder whose rights it represents, any collecting society on whose behalf it manages rights under a representation agrepublic on the collective management or gany user, by electronic means, without undue delayisation's website:
Amendment 202 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. In addition, a collecting society shall make available at the request of any rightholder or any collecting society, any information on works for which one or more rightholders have not been identifiedve management organisation shall make publicly available any information on works for which one or more rightholders have not been identified in accordance with the provisions laid down in Directive 2012/28/EU on Certain Permitted Uses of Orphan Works, including, where available, the title of the work, the name of the author, the name of the publisher and any other relevant information available which could be necessary to identify the rightholders.
Amendment 205 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down requirements necessary to ensure the proper functioning of the management of copyright and related rights by collecting societieve management organisations. It also lays down requirements for multi-territorial licensing by collecting societieve management organisations of authors' rights in musical works for online use.
Amendment 213 #
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shall ensure that collecting societies establishedactive in their territory comply with the requirements in this Title when granting multi-territorial licences for online rights in musical works.
Amendment 215 #
Proposal for a directive
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The collecting society may take reasonable measures to protect the accuracy and integrity of the data, to control its re-use and to protect personal data and, when necessary, commercially sensitive information.
Amendment 217 #
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. A collecting society which grants multi- territorial licences for online rights in musical works shall have procedures in place to enable rightholders and, other collecting societies, and users to object to the contents of the data referred to in Article 22(2) or to information provided under Article 23, where such rightholders and, collecting societies, and users, on the basis of reasonable evidence, believe that the data or the information are inaccurate in respect of their online rights in musical works. Where the claims are sufficiently substantiated, the collecting society shall ensure that the data or the information are corrected without undue delay.
Amendment 226 #
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 on behalf of more than one rightholder, for the collective benefit of those rightholders as its sole or one of its main purposes, and which is: (i) owned or controlled by its members;, or (ii) organised as a not for profit organisation, or (iii) owned or controlled by one or more collective management organisations; (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 241 #
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.
Amendment 242 #
Proposal for a directive
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Member States shall ensure that the competent authorities referred to in Article 39 continuously monitor the compliance with the requirements laid down in Title III of this Directive by collecting societies establishedactive in their territory when granting multi-territorial licences for online rights in musical works.
Amendment 242 #
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘'rights revenue’' means income collected by a collecting societyve management organisation on behalf of rightholders, whether from an exclusive right, a right to remuneration or a right to compensation, including any income derived from the investments of rights revenue;
Amendment 252 #
Proposal for a directive
Article 5 – paragraph 2
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, works 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 societyve management organisation or the rightholder.
Amendment 260 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2 a. Rightholders shall have the right to grant free licences for the non- commercial use of their works and rights. In this case rightholders shall inform in due time the collective management organisations authorised to manage the rights of such works that such a free licence has been granted.
Amendment 263 #
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, works or types of works and other subject matter granted to a collecting societyve management organisation or to withdraw from a collecting societyve management organisation any of the rights or categories of rights, works or types of works and other subject matter of their choice, at any time during the term of the authorisation, for the Member States of their choice, upon serving reasonable notice not exceeding six months. The collecting societyve management organisation may decide that such termination or withdrawal will take effect only at the middle and at the end of the financial year, whichever is sooner after the expiry of the notice period.
Amendment 268 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Collecting societieve management organisations shall not restrict the exercise of rights provided under paragraphs 3 and 4 by requiring that the management of rights or categories of rights, works or type of works and other subject matter which are subject to the termination or the withdrawal are entrusted to another collecting societyve management organisation.
Amendment 270 #
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shall ensure that the rightholder gives express consent specifically for each right or category of rights, works or type of works and other subject matter which that rightholder authorises the collecting societyve management organisation to manage and that any such consent is evidenced in documentary form.
Amendment 274 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Collecting societieve management organisations shall accept rightholders, or any other members as defined in Article 3(c), as members if they fulfil the membership requirements. They may only refuse a request for membership on the basis of objective and non-discriminatory criteria. These criteria shall be included in the statute or the membership terms of the collecting societyve management organisation and shall be made publicly available.
Amendment 296 #
Proposal for a directive
Article 7 – paragraph 5 – point b
Article 7 – paragraph 5 – point b
Amendment 315 #
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's report. If the financial management practice of the collective management organisation is reasonably in doubt, the general meeting may decide to conduct an external audit, at the request of any member of a collective management organisation. The result of such external audit shall be communicated to all members and to the public.
Amendment 319 #
Proposal for a directive
Article 7 – paragraph 7 – subparagraph 1 – introductory part
Article 7 – paragraph 7 – subparagraph 1 – introductory part
Every member of a collective management organisation shall have the right to vote at the general meeting, including, where appropriate, by electronic vote. 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:
Amendment 322 #
Proposal for a directive
Article 7 – paragraph 7 – subparagraph 1 – point b
Article 7 – paragraph 7 – subparagraph 1 – point b
Amendment 327 #
Proposal for a directive
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Every member of a collecting societyve management organisation shall have the right to appoint any other natural or legal person as a proxy holder to attend and vote at the general meeting in his name. To be valid, the proxy shall have been given freely by the member to the proxy holder no more than three months before its use.
Amendment 333 #
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 societyat organisation. There shall be fair and balanced representation of the members of the collecting societydifferent categories of members of the collective management organisation in the body exercising this function in order to ensure their effective participation.
Amendment 336 #
Proposal for a directive
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. The body entrusted with the supervisory function shall meet regularlyno less than every three months and shall have at least the following powers:
Amendment 347 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 356 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 – introductory part
Article 9 – paragraph 2 – subparagraph 2 – introductory part
Those procedures shall include an annual individual statement by each of those persons and directors, to the body entrusted with the supervisory function, containing and to the members, and publicly accessible through the website of the collective management organisation. The statement shall be made before each of those persons take up their duties, and shall thereafter be renewed annually. The statement shall contain the following information:
Amendment 358 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Collecting societies shall be diligent in the collection and the management of rights revenueve management organisations shall be diligent, accurate and transparent in the collection and the management of rights revenue. Except in Member States with systems of extended collective licensing, a collective management organisation may not collect rights revenue or bring or seek infringement proceedings in respect of works, rights or territories which it is not authorised to represent.
Amendment 377 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that the collecting societyve management organisations regularly and diligently distributes and pays amounts due to all rightholders it represents. The collecting societyve management organisation shall carry out such distribution and payments no later than 12 months from the end of the financial year in whichwithout undue delay and no later than three months after 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 societyve management organisation from respecting this deadline. The collecting societyve management organisation shall carry out such distribution and payments accurately, ensuring equal treatment of all categories of rightholders.
Amendment 378 #
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. Collective management organisation shall start distributing rightholder’s revenue when the amount collected reasonably covers collection costs. The minimum level required before distribution takes place may not unreasonably exceed the lowest minimum amount used by comparable collective management organisations.
Amendment 384 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where the amounts due to rightholders cannot be distributed, after fivthree years from the end of the financial year in which the collection of the rights revenue occurred, and provided that the collecting society has taken all necessary measures to identify and locate the rightholders, the collecting society shall decide 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 societybecause the collective management organisation failed to identify and locate the rightholders, the money shall be paid to a fund set up and managed for this purpose by the Member State in which the money was collected. The fund is thereafter responsible for any claims from reappearing rightholders.
Amendment 390 #
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. For the purposes of paragraph 2, measures to identify and locate rightholderthe collective management organisation shall put in place effective measures to identify and locate rightholders while ensuring appropriate safeguards to deter fraud. Such measures shall include verifying membership records and making available regularly and at least annually to the members of the collecting societyve management organisation as well as to the public a list of works and other subject matter for which one or more rightholders have not been identified or located.
Amendment 403 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
Amendment 410 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 3
Article 15 – paragraph 2 – subparagraph 3
Amendment 454 #
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. Member States shall ensure that a collecting societyve management organisation makes the following information available at the request of any rightholder whose rights it represents, any collecting society on whose behalf it manages rights under a representation agreement or any user, by electronic means, without undue delayto the public on its website:
Amendment 463 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. In addition, a collecting society shall make available at the request of any rightholder or any collecting society,ve management organisation shall make publicly available any information on works for which one or more rightholders have not been identified in accordance with the provisions laid down in Directive 2012/28/EU, including, where available, the title of the work, the name of the author, the name of the publisher and any other relevant information available which could be necessary to identify the rightholders.
Amendment 485 #
Proposal for a directive
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 490 #
Proposal for a directive
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The collecting societyve management organisation may take reasonable measures to protect the accuracy and integrity of the data, to control its re-use and to protect personal data and, when necessary, commercially sensitive information.
Amendment 491 #
Proposal for a directive
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. Except in Member States with systems of extended collective licensing, a collective management organisation may not bring or seek infringement proceedings in respect of works, rights or territories which are not in its control and are not accurately identified in accordance with paragraph 1.
Amendment 492 #
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. A collecting societyve management organisation which grants multi- territorial licences for online rights in musical works shall have procedures in place to enable rightholders and, other collecting societieve management organisations, and users to object to the contents of the data referred to in Article 22(2) or to information provided under Article 23, where such rightholders and, collecting societieve management organisations, and users, on the basis of reasonable evidence, believe that the data or the information are inaccurate in respect of their online rights in musical works. Where the claims are sufficiently substantiated, the collecting societyve management organisation shall ensure that the data or the information are corrected without undue delay.
Amendment 509 #
Proposal for a directive
Article 33 – paragraph 1
Article 33 – paragraph 1
The requirements under this Title shall not apply to collecting societies which grant, on the basis of the voluntary aggregation of the required rights, in compliance with the competition rules under Articles 101 and 102 TFEU, a multi-territorial licence for the online rights in musical works required by a broadcaster to communicate or make available to the public its radio or television programmes before, simultaneously with or after their initial broadcast as well as any online material produced by the broadcaster which is ancillary to the initial broadcast of its radio or television programme.
Amendment 514 #
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.
Amendment 522 #
Proposal for a directive
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Where the obligation set out in paragraph 1 is implemented by recourse to an independent and impartial dispute resolution body, this shall not prevent the parties from asserting and defending their rights by bringing an action before a court, and shall allow the parties to challenge the impartiality and independence of the dispute resolution body, or its members, before the courts.
Amendment 524 #
Proposal for a directive
Article 35 – paragraph 2 a (new)
Article 35 – paragraph 2 a (new)
Amendment 529 #
Proposal for a directive
Article 36 – paragraph 1 – point a
Article 36 – paragraph 1 – point a
(a) disputes with an actual or potential online music service provider on the application of Articles 15, 22, 23, 25 and 2531;