48 Amendments of Rolandas PAKSAS related to 2012/0180(COD)
Amendment 32 #
Proposal for a directive
Recital 4
Recital 4
(4) There are significant differences in the national rules governing the functioning of collecting societies, in particular as regards their transparency and accountability towards their members and rightholders. Beyond the difficulties non-domestic rightholders face when exercising their rights and the too often poor financial management of the revenues collected, problems with the functioning of collecting societies lead to inefficiencies in the exploitation of copyright and related rights across the internal market to the detriment of the members of collecting societies, rightholders and users alike. These difficulties do not arise in the functioning of independent rights management service providers who act as agents for rightholders for the management of their rights on a commercial basis and in which rightholders do not exercise membership rights provided that they are not acting in direct competition with collecting societies in the fields of collection and distribution of amounts due to rightholders. In such cases, the criteria of ownership and control by members are not relevant.
Amendment 42 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Whereas the individual exercise of exclusive economic rights, such as is often the case in the audiovisual sector, is also consistent with internal market goals and reduces the potential for fragmentation, through the consolidation of exploitation rights in the producer.
Amendment 51 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) This Directive is without prejudice to the arrangements in the Member States concerning the management of rights such as extended collective licensing, compulsory collective management and legal presumptions of representation, or transfer of rights, provided that such arrangements are compatible with Union law and the international obligations of the Union and its Member States. In the case of mandatory collective management for all works in a relevant category of rights or type of content, the obligation to publish the repertoire is unnecessary where only one is actively mandated.
Amendment 53 #
Proposal for a directive
Recital 24
Recital 24
(24) In the online music sector, wherUnlike other creative sectors where direct licensing plays a more prominent role, the collective management of authors' rights on a territorial basis remains the norm in the music sector. Therefore, 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 piracy.
Amendment 58 #
Proposal for a directive
Recital 43
Recital 43
(43) The provisions of this Directive are without prejudice to the application of competition law rules, and any other relevant law in other areas including confidentiality, in particular with respect to individual agreements and non- disclosure agreements, trade secrets, privacy, access to documents, the law of contract and private international law relating to the conflict of laws and the jurisdiction of courts.
Amendment 59 #
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 societies of authors' rights in musical works for online use.
Amendment 63 #
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 onea substantial number of rightholders, to manage copyright or rights related to copyright as its sole or main purpose and which is owned or controlled by its members;
Amendment 64 #
Proposal for a directive
Recital 4
Recital 4
(4) There are significant differences in the national rules governing the functioning of collecting societies, in particular as regards their transparency and accountability towards their members and rightholders. Beyond the difficulties non-domestic rightholders face when exercising their rights and the too often poor financial management of the revenues collected, problems with the functioning of collecting societies lead to inefficiencies in the exploitation of copyright and related rights across the internal market to the detriment of the members of collecting societies, rightholders and users alike. These difficulties do not arise in the functioning of independent rights management service providers who act as agents for rightholders for the management of their rights on a commercial basis and in which rightholders do not exercise membership rights provided that they are not acting in direct competition with collecting societies in the fields of collection and distribution of amounts due to rightholders. In such cases, the criteria of ownership and control by members are not relevant.
Amendment 68 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) ‘member of a collecting society’ means a rightholder or an entity directly representing rightholders, including other collecting societies and associations of rightholders, such as trade unions, fulfilling the membership requirements of the collecting society;
Amendment 68 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) The individual exercise of exclusive economic rights, such as is often the case in the audiovisual sector, is also consistent with internal market goals as it consolidates the exploitation rights in the producer and thus reduces the potential for fragmentation.
Amendment 83 #
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 available.
Amendment 83 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
Amendment 86 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The statute of the collecting society shall provide for appropriate and effective mechanisms of participation of its members in the collecting society's decision-making process. The representation of the different categories of members inat all levels of the decision- making process shall be fair and balanced.
Amendment 87 #
Proposal for a directive
Recital 24
Recital 24
(24) In the online music sector, wherUnlike other creative sectors where direct licensing plays a more prominent role, the collective management of authors' rights on a territorial basis remains the norm in the music sector. Therefore, 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 piracy.
Amendment 91 #
Proposal for a directive
Recital 43
Recital 43
(43) The provisions of this Directive are without prejudice to the application of competition law rules, and any other relevant law in other areas including confidentiality, in particular with respect to individual agreements and non- disclosure agreements, trade secrets, privacy, access to documents, the law of contract and private international law relating to the conflict of laws and the jurisdiction of courts.
Amendment 93 #
Proposal for a directive
Article 1
Article 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 societies of authors' rights in musical works for online use.
Amendment 94 #
Proposal for a directive
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Every member of a collecting society shall have the right to appoint any other natural or legal person that is a member of that collecting society as a proxy holder to attend and vote at the general meeting in his name. When a collective management organisation represents more than one category of right holders, a member may only give a proxy to another member from the same category. The number of proxies that may be held by a single member shall be capped.
Amendment 100 #
Proposal for a directive
Recital 4
Recital 4
(4) There are significant differences in the national rules governing the functioning of collecting societies, in particular as regards their transparency and accountability towards their members and rightholders. Beyond the difficulties non-domestic rightholders face when exercising their rights and the too often poor financial management of the revenues collected, problems with the functioning of collecting societies lead to inefficiencies in the exploitation of copyright and related rights across the internal market to the detriment of the members of collecting societies, rightholders and users alike. These difficulties do not arise in the functioning of independent rights management service providers who act as agents for rightholders for the management of their rights on a commercial basis and in which rightholders do not exercise membership rights provided that they are not acting in direct competition with collecting societies in the fields of collection and distribution of amounts due to rightholders. In such cases, the criteria of ownership and control by members are not relevant.
Amendment 101 #
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 onea substantial number of rightholders, to manage copyright or rights related to copyright as its sole or main purpose and which is owned or controlled by its members;
Amendment 102 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that agreements governing the relationship of the collecting society with its members and rightholders shall specifyshall specifically authorise deductions applicable to the rights revenue referred to in point (e) of Article 16.
Amendment 103 #
Proposal for a directive
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. Member States shall ensure that, where a collecting society provides social, cultural or educational services funded through deductions from rights revenue, rightholders are entitled to the following:such services shall be provided on the basis of fair criteria, in particular in relation to the access to and the extent of those services.
Amendment 103 #
Proposal for a directive
Article 3 – point c
Article 3 – point c
(c) ‘'member of a collecting society’' means a rightholder or an entity directly representing rightholders, including other collecting societies and associations of rightholders, such as trade unions, fulfilling the membership requirements of the collecting society;
Amendment 104 #
Proposal for a directive
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
Amendment 105 #
Proposal for a directive
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
Amendment 110 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) The individual exercise of exclusive economic rights, such as is often the case in the audiovisual sector, is also consistent with internal market goals and reduces the potential for fragmentation, through the consolidation of exploitation rights in the producer.
Amendment 131 #
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 available.
Amendment 135 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The statute of the collecting society shall provide for appropriate and effective mechanisms of participation of its members in the collecting society's decision-making process. The representation of the different categories of members inat all levels of the decision- making process shall be fair and balanced.
Amendment 136 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) This Directive is without prejudice to the arrangements in the Member States concerning the management of rights such as extended collective licensing, compulsory collective management and legal presumptions of representation, or transfer of rights, provided that such arrangements are compatible with Union law and the international obligations of the Union and its Member States. In the case of mandatory collective management for all works in a relevant category of rights or type of content, the obligation to publish the repertoire is unnecessary where only one is actively mandated.
Amendment 140 #
Proposal for a directive
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. Member States shall ensure that users communicate, free of charge, and in an electronic format, to collective management organisations for the purpose of the effective administration of rights, complete and accurate information as is necessary in order to identify the use of the work or other subject matter and the corresponding right holder.
Amendment 145 #
Proposal for a directive
Recital 24
Recital 24
(24) In the online music sector, wherUnlike other creative sectors where direct licensing plays a more prominent role, the collective management of authors' rights on a territorial basis remains the norm in the music sector. Therefore, 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 piracy.
Amendment 151 #
Proposal for a directive
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Every member of a collecting society shall have the right to appoint any other natural or legal person that is a member of that collecting society as a proxy holder to attend and vote at the general meeting in his name. When a collective management organisation represents more than one category of right holders, a member may only give a proxy to another member from the same category. The number of proxies that may be held by a single member shall be capped.
Amendment 161 #
Proposal for a directive
Recital 43
Recital 43
(43) The provisions of this Directive are without prejudice to the application of competition law rules, and any other relevant law in other areas including confidentiality, in particular with respect to individual agreements and non- disclosure agreements, trade secrets, privacy, access to documents, the law of contract and private international law relating to the conflict of laws and the jurisdiction of courts.
Amendment 163 #
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 societies of authors' rights in musical works for online use.
Amendment 167 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that agreements governing the relationship of the collecting society with its members and rightholders shall specifyshall specifically authorise deductions applicable to the rights revenue referred to in point (e) of Article 16.
Amendment 168 #
Proposal for a directive
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. Member States shall ensure that, where a collecting society provides social, cultural or educational services funded through deductions from rights revenue, rightholders are entitled to the following:such services shall be provided on the basis of fair criteria, in particular in relation to the access to and the extent of those services.
Amendment 170 #
Proposal for a directive
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
Amendment 171 #
Proposal for a directive
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
Amendment 191 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘collecting societyve management organisation’ means any organisation which is authorised by law or by way of assignment, licence or any other contractual arrangement, by more than onea substantial number of rightholders, to manage copyright or rights related to copyright as its sole or main purpose and which is owned or controlled by its members;
Amendment 195 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15a Obligations of users Member States shall ensure that users communicate, free of charge, and in an electronic format, to collective management organisations for the purpose of the effective administration of rights, complete and accurate information as is necessary in order to identify the use of the work or other subject matter and the corresponding right holder.
Amendment 197 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) ‘member of a collecting society’ means a rightholder or an entity directly representing rightholders, including other collecting societies and associations of rightholders, such as trade unions, fulfilling the membership requirements of the collecting society;
Amendment 235 #
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 available.
Amendment 238 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The statute of the collecting society shall provide for appropriate and effective mechanisms of participation of its members in the collecting society's decision-making process. The representation of the different categories of members inat all levels of the decision- making process shall be fair and balanced.
Amendment 261 #
Proposal for a directive
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Every member of a collecting society shall have the right to appoint any other natural or legal person that is a member of that collecting society as a proxy holder to attend and vote at the general meeting in his name. When a collective management organisation represents more than one category of rightholders, a member may only give a proxy to another member from the same category. The number of proxies that may be held by a single member shall be capped.
Amendment 284 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall ensure that agreements governing the relationship of the collecting society with its members and rightholders shall specifyshall specifically authorise deductions applicable to the rights revenue referred to in point (e) of Article 16.
Amendment 288 #
Proposal for a directive
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. Member States shall ensure that, where a collecting society provides social, cultural or educational services funded through deductions from rights revenue, rightholders are entitled to the following:such services shall be provided on the basis of fair criteria, in particular in relation to the access to and the extent of those services.
Amendment 291 #
Proposal for a directive
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
Amendment 294 #
Proposal for a directive
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
Amendment 341 #
Proposal for a directive
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. Member States shall ensure that users communicate, free of charge, and in an electronic format, to collective management organisations for the purpose of the effective administration of rights, complete and accurate information as is necessary in order to identify the use of the work or other subject matter and the corresponding rightholder.