BETA

Activities of Cecilia WIKSTRÖM 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)
2016/11/22
Dossiers: 2012/0180(COD)

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)
2016/11/22
Committee: JURI
Dossiers: 2012/0180(COD)
Documents: PDF(1 MB) DOC(1 MB)

Amendments (57)

Amendment 132 #
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 societieCollective 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.
2013/06/06
Committee: JURI
Amendment 147 #
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 accve management ordgance with Directive 2006/123/EC collecting societieisations. Collective management organisations 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.
2013/06/06
Committee: JURI
Amendment 158 #
Proposal for a directive
Recital 11
(11) Collecting societies are expected tove management organisations should act in the best collective interests of their members rightholders they represent. It is therefore important to provide for systems which enable the members of a collecting societiesve management organisation to exercise their membership rights by participating in the societies'an organisation's decision-making process. The representation in the decision-making process of the different categories of members in the decision-making process, such as producers or performers, should be fair and balanced. The effectiveness of the rules on the general meeting of members of collecting societies mayve management organisations would be undermined if there were no provisions on how the general meeting of members should be run. Thus, it is necessary to ensure that the general meeting of members is convened regularly, and at least annually, and that the most important decisions in the collecting societyve management organisation are taken by the general meeting of members.
2013/06/06
Committee: JURI
Amendment 160 #
Proposal for a directive
Recital 12
(12) Members of collecting societieve management organisations should be allowed to participate and vote in the general meeting of members; the exercise of these rights may only be subject to fair and proportionate restrictions. The exercise of voting rights should be made easy. should only be subject to fair and proportionate restrictions. In some exceptional cases, collective management organisations have been established in the legal form of a foundation, hence they have no membership. In such cases, the powers of the general meeting of members should be exercised by the body entrusted with the supervisory function. The general meeting of members should, at least, have the power to set the framework of the activities of the management, in particular with respect to the use of rights revenue by the collective management organisation. The exercise of voting rights should be made easy. In addition to the exercise of members' rights by electronic means, members should be allowed to participate and vote in the general meeting of members through a proxy. Proxy voting should only be restricted in order to make sure that members are not faced with de facto obligations to enter into agreements where they cede their right to participate in the decision making process of the collective management organisation to a third party. The use of proxies should be an active decision and the expression of a will to participate in the decision making processes of the organisation. Therefore any contractual agreement stipulating that a member cedes his rights to participate in the general meeting of members to a third party shall be considered as null and void. A collecting society may also require that any one natural or legal person does not exercise more than a certain number of proxies at a given general meeting of members as long as they allow for the exercise of at least 10 proxies. The holder of a proxy must respect the instructions given to him or her by the member on whose behalf the proxy has been issued.
2013/06/06
Committee: JURI
Amendment 164 #
Proposal for a directive
Recital 13
(13) Members should be allowed to take part in the continuous monitoring of the management of collecting societies. To this end, collecting societies should establishve management organisations. To this end, these organisations should have 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 funcDepending on the organisational structure of the collective management organisation, the supervisory function may be exercised by a separate body, such as a supervisory board. Members of the administrative board may not at the same time serve as members in the body exercising the supervisory function as this function has as one of its principal duties to supervise the work of the administrative board. The requirement of fair and balanced representation of members should not prevent the collective management organisation from electing third parties to the body exercising the supervisory function, including professional members, and rightholders who do not fulfil the membership requirements or who are not directly represented by the organisation but via an entity which is a member of the collective management organisation.
2013/06/06
Committee: JURI
Amendment 169 #
Proposal for a directive
Recital 14
(14) For reasons of sound management, a collecting society's seniorve management organisation's management must be independent. Managers and executive directors should be required to declare annually to the collecting society whether there are conflicts between their interests and those of the societyrightholders that are represented by the collective management organisation. Member States should be free to require collective management organisations to make such statements public or submit them to public authorities.
2013/06/06
Committee: JURI
Amendment 171 #
Proposal for a directive
Recital 15
(15) Collecting societieve management organisations collect, manage and distribute revenue from the exploitation of the rights entrusted to them by rightholders. This revenue is ultimately due to rightholders who may be members of that societyorganisation, or another societyorganisation. It is therefore important that collecting societieve management organisations exercise the utmost diligence in collecting, managing and distributing that revenue. Accurate distribution is only possible where collecting societieve management organisations maintain proper records of membership, licences and use of works and other subject matter. Where appropriate, data should also be provided by rightholders and users and verified by the collecting societieve management organisations. Amounts collected and due to rightholders should be managed separately from any own assets of the collecting societyve management organisation and, if they are invested, pending their distribution to rightholders, this should be carried out in accordance with the investment policy decided by the collecting societieve management organisations' general meeting of members. In order to maintain a high level of protection for the rights of rightholders and to ensure that any income which may be derived from exploitation of their rights accrues for the benefit of rightholders, the investments made and held by the collecting societyve management organisation should be managed in accordance with criteria which would oblige the collecting societyve management organisation to act prudently, while allowing the collecting societyve management organisation to decide on the most secure and efficient investment policy. This should allow the collecting societyve management organisation to opt for an asset allocation that suits the precise nature and duration of any exposure to risk of any rights revenue invested and which does not unduly prejudice any rights revenue owed to rightholders. Moreover, in order to ensure that the amounts due to rightholders are appropriately and effectively distributed, it is necessary to require collecting societieve management organisations to undertake diligent and good faith reasonable measures to identify and locate the relevant rightholders. It is also appropriate to provide for the approval by members of collecting societies of the rules governing any situation where, dAny funds that have not been correctly attributed to a rightsholder within three years should be transferred from the collective management organisation to a fund designated by the Member State in which the collective management organisation has its seat. This fund shall support social, cultural or educational services that are in accordance with Article 11(2) of this Directive. When a collective management organisation is forced to transfer collected revenue to the fund mentioned above, it has failed in its duty towards the rightholders on whose behalf it collected the revenue, to the lack of identified or located rightholders, amounts collected cannot be distributherefore the collective management organisation may not make any deductions from rights revenue transferred to this fund. With respect to these provisions a collective management organisation can only perform deductions on rights revenue at the same time as it distributes the revenues to the rightholders. In cases where a collective management organisations has over time applied management fees that have been higher then required to cover the management costs of the collective management organisation its members should have the possibility, at the general meeting of members, to transfer accumulated funds originating from management fees to the cultural fund mentioned above as it would not be possible to make a fair redistribution of these funds directly to the rightsholders concerned.
2013/06/06
Committee: JURI
Amendment 180 #
Proposal for a directive
Recital 18
(18) Fair commercial terms in licensing are particularly important to ensure that users can license the works and other protected subject-matter for which a collecting societyve management organisation represents rights and to ensure the remuneration of rightholders. Collecting societieve management organisations and users should therefore conduct licensing negotiations in good faith and apply tariffs determined on the basis of objective criteria. The Court of Justice of the European Union has issued several rulings regarding the use of rights and tariffs. This Directive seeks to codify the existing case law of the Court of Justice of the European Union in this area. In order to guarantee timely negotiations between users requesting licences and collective management organisations a requirement should be placed on collective management organisations to respond to a demand for a licence within 14 days, and with a full proposal for a licence within 60 days of receiving a request for licence with all the relevant information. The collective management organisation shall be responsible to communicate what information it needs to provide a proposal. In the event that a user has not transmitted all information required by a collective management organisation to provide a proposal for a licence the collective management organisation shall indicate to the user what additional information it needs. Once the collective management organisation has received all the required information from the user it should inform the user of this fact and the collective rights management organisation has 60 days from this point to provide a proposal for a licence. A collective management organisation has an obligation to seriously assess all demands for licences but these provisions should not prejudice a collective management organisations' right to refuse to licence a particular service.
2013/06/06
Committee: JURI
Amendment 184 #
Proposal for a directive
Recital 19 a (new)
(19a) To make it easier for collective management organisations to perform their task, users and producers should be required to provide within a reasonable period, information in their possession on the use of rights, categories of rights, works, categories of works or other subject matter which the collective management organisations represent.
2013/06/06
Committee: JURI
Amendment 189 #
Proposal for a directive
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 societieve management organisations, in an increasingly cross-border context. It is thereforen order to allow the aggregation of a multiplicity of repertoires and to be able to grant multi-repertoire and multi- territorial licences, collective management organisations should have the possibility to conclude representation agreements with other collective management organisations for the coordination and efficiency of such licenses under equal and non-discriminatory terms. It is appropriate to provide for a set of rules coordinating basic conditions for the provision by collecting societieve management organisations 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 societieve management organisations, 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 societyve management organisation to request another collecting societyve management organisation to represent its repertoire on a multi-territorial basis where it cannot fulfil the requirements itself. There should be an obligation on the requested societyorganisation, provided that it aggregates repertoire and offers or grants multi-territorial licences, to accept the mandate of the requesting societyorganisation. The development of legal online music services across the Union should also contribute to the fight against piracy.
2013/06/06
Committee: JURI
Amendment 224 #
Proposal for a directive
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 as its sole or main purpose and which is owned or controlled by its members; (This is a horizontal amendment that applies throughout the text)
2013/06/06
Committee: JURI
Amendment 238 #
Proposal for a directive
Article 3 – paragraph 1 – point d a (new)
(da) 'general meeting of members' means the body in the collective management organisation wherein members participate and exercise their voting rights, regardless of the legal form of the organisation;
2013/06/06
Committee: JURI
Amendment 239 #
Proposal for a directive
Article 3 – paragraph 1 – point e
(e) ‘director’ means any individual managing director, any member of the administrative board, the management or the supervisory board of a collecting society: (i) where national law or the statute of the collective management organisation provides for a unitary board, any member of the administrative board, (ii) where national law or the statute of the collective management organisation provides for a dual board, any member of the management board or the supervisory board;
2013/06/06
Committee: JURI
Amendment 240 #
Proposal for a directive
Article 3 – paragraph 1 – point e a (new)
(ea) 'persons who manage the business of the organisation' means any individual exercising a function within a collective management organisation which allows him or her the possibility to affect the implementation of policies adopted by the general meeting of members, including inter alia directors and senior managers.
2013/06/06
Committee: JURI
Amendment 241 #
Proposal for a directive
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. Any revenues that have been generated from investments, including interest rates, relative to this income between the time of collection and the time of payment to rightholders shall also be considered as rights revenue;
2013/06/06
Committee: JURI
Amendment 244 #
Proposal for a directive
Article 3 – paragraph 1 – point g a (new)
(ga) 'deductions from rights revenue' means any deductions from rights revenues in the form of management fees or deductions to fund social, cultural or educational services.
2013/06/06
Committee: JURI
Amendment 245 #
Proposal for a directive
Article 4 – paragraph 1
Member States shall ensure that collecting societieve management organisations act in the best interest of their members and rightholders and do not impose on rightholders whose rights they manage any obligations which are not objectively necessary for the protection of the rights and interests of these rightholders.
2013/06/06
Committee: JURI
Amendment 284 #
Proposal for a directive
Article 7 – paragraph 1
1. Member States shall ensure that the general meeting of the members of the collecting societies is organised according to the rules laid down in paragraphs 21a to 8.
2013/06/06
Committee: JURI
Amendment 286 #
Proposal for a directive
Article 7 – paragraph 1 a (new)
1 a. Member States may decide that where a collective management organisation is precluded by reason of its legal form from having a general meeting of members, the powers listed in paragraphs 3 to 6 shall be exercised by the body exercising the supervisory function.
2013/06/06
Committee: JURI
Amendment 288 #
Proposal for a directive
Article 7 – paragraph 3
3. The general meeting of members shall approve any amendments to the statute and the membership terms of the collecting society, where those terms are not regulated by the statuteve management organisation.
2013/06/06
Committee: JURI
Amendment 291 #
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 2
The general meeting shall not decide on the appointment or dismissal of members of the management board or the individual managing director where the supervisory board has the power to appoint or dismiss themIn a collective management organisation with a dual board system, the general meeting of members may decide to delegate to the supervisory board decisions on the appointment or dismissal of members of the management board or approve their remuneration and other benefits.
2013/06/06
Committee: JURI
Amendment 293 #
Proposal for a directive
Article 7 – paragraph 5 – point a
(a) the policy on the distribution of the amounts due to rightholders, except where the general meeting decides to delegate this decision to the body exercising the supervisory function;
2013/06/06
Committee: JURI
Amendment 295 #
Proposal for a directive
Article 7 – paragraph 5 – point b
(b) the use of the amounts due to rightholders which cannot be distributed as set out in Article 12(2) except where the general meeting decides to delegate this decision to the body exercising the supervisory function;deleted
2013/06/06
Committee: JURI
Amendment 299 #
Proposal for a directive
Article 7 – paragraph 5 – point c
(c) the general investment and risk management policy, including on granting loans or providing security or guarantee for loans, with regard to rights revenue;
2013/06/06
Committee: JURI
Amendment 304 #
Proposal for a directive
Article 7 – paragraph 5 – point d a (new)
(da) the transfer of accumulated funds deriving from management fees in accordance with Article 12(4);
2013/06/06
Committee: JURI
Amendment 307 #
Proposal for a directive
Article 7 – paragraph 5 – point d b (new)
(db) the approval of any acquisition or sale of immovable property or of establishment of a mortgage over it by the collective management organisation;
2013/06/06
Committee: JURI
Amendment 310 #
Proposal for a directive
Article 7 – paragraph 5 – point d c (new)
(dc) the approval of mergers and alliances, the setting-up of subsidiaries, the acquisition of other entities or shares or rights in other entities;
2013/06/06
Committee: JURI
Amendment 312 #
Proposal for a directive
Article 7 – paragraph 5 – point d d (new)
(dd) the approval of taking-out loans, granting loans and providing security for loans;
2013/06/06
Committee: JURI
Amendment 314 #
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 1 (new)
The general meeting of members may delegate the powers referred to in points (e), (f) and (g) to the body exercising the supervisory function.
2013/06/06
Committee: JURI
Amendment 326 #
Proposal for a directive
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 of members in his name. The appointment of a proxy must be for a specific general meeting of members. Any contractual agreement regarding the appointment of a proxy or engagements to appoint a proxy for more than one general meeting of members at a time shall be considered as null and void. A collective management organisation may restrict the maximum number of votes a proxy holder may exercise at the general meeting of members, as long as it allows all proxy holders the right to exercise at least 10 proxies. The proxy holder shall enjoy the same rights in the general meeting of the members as those to which the appointing member would be entitled. The proxy holder shall cast votes in accordance with the instructions issued by the appointing member. Anyone contacting a member of a collective rights management organisation to demand the right to represent him or her at a general meeting of members with a proxy shall inform the member of his/her rights under the provisions of this Article.
2013/06/06
Committee: JURI
Amendment 332 #
Proposal for a directive
Article 8 – paragraph 1
1. Member States shall ensure that the collecting society establisheve management organisation has 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 society. There shall be fair and balanced representation of the members of the collecting societywho manage the business of the organisation. There shall be fair and balanced representation of the different categories of members of the collective management organisation in the body exercising thise supervisory function in order to ensure their effective participation. Members of the administrative board shall not be allowed to be members of the body exercising the supervisory function. Each member of the body exercising the supervisory function shall make an annual individual statement on conflicts of interest containing the information referred to in Article 9(2), second subparagraph.
2013/06/06
Committee: JURI
Amendment 338 #
Proposal for a directive
Article 8 – paragraph 2 – point a
(a) to approve any acquisition of immovable property by the collecting society;deleted
2013/06/06
Committee: JURI
Amendment 340 #
Proposal for a directive
Article 8 – paragraph 2 – point b
(b) to approve the setting-up of subsidiaries, acquisitions of other entities, acquisitions of shares or rights in other entities, mergers and alliances;deleted
2013/06/06
Committee: JURI
Amendment 342 #
Proposal for a directive
Article 8 – paragraph 2 – point c
(c) to approve the taking-out of loans, granting of loans and provision of security or guarantee for loans.deleted
2013/06/06
Committee: JURI
Amendment 343 #
Proposal for a directive
Article 8 – paragraph 2 – point c a (new)
(ca) to exercise the powers delegated under Article 7(4) and (5);
2013/06/06
Committee: JURI
Amendment 344 #
Proposal for a directive
Article 8 – paragraph 2 – point c b (new)
(cb) to monitor the activities and the performance of the duties of the persons referred to in Article 9, including the implementation of the decisions of the general meeting of members and in particular, of the general policies listed in Article 7(5) points (a) to (d).
2013/06/06
Committee: JURI
Amendment 346 #
Proposal for a directive
Article 8 – paragraph 3
3. Member States may decide that paragraphs 1 and 2 shall not apply to a collecting society which on its balance sheet date does not exceed the limits of two of the three following criteria: (a) balance sheet total: EUR 350 000; (b) net turnover: EUR 700 000; (c) average number of employees during the financial year: ten.deleted
2013/06/06
Committee: JURI
Amendment 352 #
Proposal for a directive
Article 9 – paragraph 1
1. Member States shall ensure that the persons who effa collectively manage the business of a collecting society and its directors, with the exception of the directors exercising supervisory function, manage the collecting societyment organisation puts in place and applies procedures to ensure that the persons who manage the business of the collective management organisation do so in a sound and, prudent and appropriate manner, using sound administrative and accounting procedures and internal control mechanisms.
2013/06/06
Committee: JURI
Amendment 354 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Member States shall ensure that the persons who effcollectively manage the business of a collecting society and its directors, with the exception of the directors exercising supervisory function, designment organisations put in place and apply procedures so as to avoid conflicts of interest. The collecting societyve management organisation shall have procedures in place to identify, manage, monitor and disclose conflicts of interest or potential conflicts of interest in order to prevent them from adversely affecting the collective interests of the members of the societyand rightholders represented by the organisation.
2013/06/06
Committee: JURI
Amendment 355 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 – introductory part
Those procedures shall include an annual individual statement by each of those persons and directors,referred to in paragraph 1 to the body entrusted with the supervisory function, containing the following information:
2013/06/06
Committee: JURI
Amendment 363 #
Proposal for a directive
Article 10 – paragraph 4 – introductory part
4. Where, pending the distribution of the amounts due to rightholders, the collecting society invests the rights revenue and any income derived from its investment, it shall do so in accordance with the general investment and risk management policy referred to in Article 7(5)(c) and the following rules:
2013/06/06
Committee: JURI
Amendment 367 #
Proposal for a directive
Article 10 – paragraph 4 a (new)
4a. Any deductions from the rights revenue, whether for management fees or to provide services as specified in Article 11(2) shall be done at the same time as the collective management organisation pays the rightholders.
2013/06/06
Committee: JURI
Amendment 370 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
1a. The collective management organisation shall, upon the request for membership by a rightholder, communicate its rules on deductions from rights revenue and any income derived from its investment.
2013/06/06
Committee: JURI
Amendment 375 #
Proposal for a directive
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 societyve management organisation shall carry out such distribution and payments as soon as it is possible for it to do so but no later than 12six months from the end of the financial year in whichtime that 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.
2013/06/06
Committee: JURI
Amendment 382 #
Proposal for a directive
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 proviit shall be concluded 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 societyve management organisation has failed to accurately attribute the collected funds to their respective rightholders. This rights revenue shall then be transferred to a fund designated by the Member State in which the collective management organisation has its seat. This fund shall thereafter be responsible for any claims from reappearing rightholders and shall support goals in accordance with those set out in Article 11(2). A collective management organisation may not make any deductions on rights revenue that are transferred to this fund.
2013/06/06
Committee: JURI
Amendment 392 #
Proposal for a directive
Article 12 – paragraph 3 a (new)
3a. Where a collective management organisation has applied management fees that have been higher than what has been necessary to cover the cost of managing the rights these revenues may be transferred to the fund referred to in paragraph 2.
2013/06/06
Committee: JURI
Amendment 400 #
Proposal for a directive
Article 15 – paragraph 1 a (new)
1a. A collective management organisation shall respond to a user requesting a license within a maximum period of 14 days indicating inter alia the information needed for the collective management organisation to provide a proposal for a licence. Upon receipt of this information by the collective management organisation it shall promptly give the user a notice of whether it has received all relevant information or specify what additional information it needs in order to provide a proposal for a licence. A collective management organisation shall either propose a license or give a reasoned statement of why it does not intend to licence a particular service within 60 days of receiving a request for a license with all the relevant information.
2013/06/06
Committee: JURI
Amendment 421 #
Proposal for a directive
Article 15 a (new)
Article 15a Obligations on users and producers Member States shall ensure that users and producers provide collective management organisations, within a reasonable period, with all information in their possession on the use of rights, categories of rights, works, types of works or other subject matter which they represent and which are necessary for the collection and distribution of rights revenue.
2013/06/06
Committee: JURI
Amendment 429 #
Proposal for a directive
Article 16 – title
Information provided to rightholders represented by a collective management organisation on the management of their rights
2013/06/06
Committee: JURI
Amendment 445 #
Proposal for a directive
Article 16 – paragraph 1 – point h a (new)
(ha) any reasoned statement pursuant to Article 15(1a) regarding the refusal of the collective management organisation to license a particular service;
2013/06/06
Committee: JURI
Amendment 450 #
Proposal for a directive
Article 18 – title
Information provided to rightholders, members, other collecting societies and users on requestve management organisations and users
2013/06/06
Committee: JURI
Amendment 452 #
Proposal for a directive
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 ofto any rightholder whose rights it represents, any collecting societyve management organisation on whose behalf it manages rights under a representation agreement or any user, by electronic means, without undue delay:
2013/06/06
Committee: JURI
Amendment 462 #
Proposal for a directive
Article 18 – paragraph 2
2. In addition, a collecting societyve management organisation shall make available at the request ofto any rightholder or any collecting societyve management organisation, any information on works for which one or more rightholders have not been identified 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.
2013/06/06
Committee: JURI
Amendment 468 #
Proposal for a directive
Article 19 – paragraph 1 – point c
(c) thea list of the persons referred to in Article 9who manage the business of the organisation;
2013/06/06
Committee: JURI
Amendment 470 #
Proposal for a directive
Article 19 – paragraph 1 – point f
(f) rules on deductions from rights revenue, including those that may be required by national law, for purposes other than management fees, including deductions for the purposes of social, cultural and educational services;
2013/06/06
Committee: JURI
Amendment 484 #
Proposal for a directive
Article 20 – paragraph 5
5. Member States may decide that points 1 (a), (f) and (g) of Annex I shall not apply to a collecting society which on its balance sheet date does not exceed the limits of two of the three following criteria: (a) balance sheet total: EUR 350 000; (b) net turnover: EUR 700 000; (c) average number of employees during the financial year: ten.deleted
2013/06/06
Committee: JURI
Amendment 532 #
Proposal for a directive
Article 37 – paragraph 1
1. Member States shall ensure that procedures are set up for members of a collecting society, rightholders, usersve management organisation, rightholders, users, another collective management organisation and other interested parties to submit complaints to the competent authorities with regard to the activities of collecting societieve management organisations which are covered by this Directive.
2013/06/06
Committee: JURI