12 Amendments of Rolandas PAKSAS related to 2016/0284(COD)
Amendment 37 #
Proposal for a regulation
Recital 7
Recital 7
(7) Therefore, cross-border provision of online services ancillary to broadcast and retransmissions of television and radio programmes originating in other Member States should be facilitated by adapting the legal framework on the exercise of copyright and related rights relevant for those activities. Online cross-border access to European content will be further enhanced by including in the ancillary online services of broadcasting organisations also their on-line services that mainly consist of the provision to the public of works which are produced, co- produced or commissioned under their editorial responsibility, as most of these will be European works as defined by Directive 2010/13/EU.
Amendment 46 #
Proposal for a regulation
Recital 8
Recital 8
(8) The ancillary online services covered by this Regulation are those services offered by broadcasting organisations which have a clear and subordinate relationship to the broadcast. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, within a defined time period after the broadcast, to television and radio programmes which have been previously broadcast or will be broadcast by the broadcasting organisation (so-called catch- up services and previews). In addition, ancillary online services include services which give access to material or programmes which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme's content. The provision of access to individual works or o, or any service by a broadcasting organisation that mainly consists of ther protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, tvision to the public of works produced, co- produced or commissioned under the editorial responsibility of a broadcasting organisation. The provision of access to works or other protected subject matter independently of broadcastand separately from the broadcasting organization's programming, such as services giving access to individual musical or audiovisual works, music albums or videos, do not fall under the definition of ancillary online service.
Amendment 53 #
Proposal for a regulation
Recital 11
Recital 11
(11) This Regulation determines that certain online transmissions by broadcasting organisations are subject only to the national laws of the Member States of establishment of those organisations. However, these provisions affect neither the rights provided under Directive 2001/29/EC1 nor the rights acquisition on a contractual basis for such online transmissions. Therefore, through the principles of territoriality and contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, especially as far as certain technical means of transmission such as geo-blocking or geo- filtering, or certain language versions are concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union law.
Amendment 59 #
Proposal for a regulation
Recital 12
Recital 12
(12) Operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile and similar networks, as well as certain other retransmissions, provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously, in an unaltered and unabridged manner, for reception by the public, an initial transmission from another Member State of television or radio programmes, where this initial transmission is by wire or over the air, including by satellite but excludingand online transmissions, and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. Retransmission services which are offered on the open internet should be excluded from the scope of this Regulation as to the extent that those services have different characteristics. They are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit IP-based network and do not respect territorial restrictions.
Amendment 69 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) In addition to the simultaneous retransmission of radio and television programmes from broadcasting organisations in other Member States, there is an increasing consumers' interest in obtaining access also to the on- demand services as offered by the broadcasting organisations, for example their catch-up services. Such re-use concerns a secondary act of communication to the public, as opposed to the primary act of making available by the broadcasting organisation itself. Therefore, in order for 3rd-party platform operators to be entitled to offer such access to their customers, the necessary rights need to be cleared with the broadcasting organisations and the underlying right-holders in the on- demand content concerned. Given the multitude of right-holders in such content and involving generally the same contracting parties as for licensing the simultaneous retransmission, the rights clearance should be facilitated in a similar way
Amendment 78 #
Proposal for a regulation
Recital 16
Recital 16
(16) This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union. Whilst there may be an interference with the exercise of the rights of right holders insofar as mandatory collective management is required for the exercise of the right of communication to the public with regard to retransmission services, it is necessary to prescribe such a condition in a targeted manner for specific services and in order to allow more widespread cross- border dissemination of television and radio programmes by facilitating the clearance of these rights. Also, the provisions of this Regulation are without prejudice to any existing or future arrangements in the Member States concerning the management of rights such as extended collective licences, legal presumptions of representation or transfer, collective management or similar arrangements or a combination of them.
Amendment 90 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) "ancillary online service" means an online service consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of radio or television programmes simultaneously with or for a defined period of time afterin relation with their broadcast by the broadcasting organisation as well as of any material produced by or for the broadcasting organisation which is ancillary to such broadcast and any service by the broadcasting organisation that mainly consists of the provision to the public of works produced, co-produced or commissioned under the editorial responsibility of the broadcasting organisation;
Amendment 99 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) "retransmission" means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19 , intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite but excludingand online transmission, of television or radio programmes intended for the reception by the public, provided that such retransmission is. Such retransmission is must be equivalent to retransmissions by operators of cable retransmission services and must be made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.
Amendment 120 #
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
(1 a) Paragraph 1 does not affect the principles of territoriality and contractual freedom under copyright and is without prejudice to any right provided under Directive 2001/29/EC.
Amendment 129 #
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
(2 a) With respect to the exercise of any right under the previous paragraphs, exclusive jurisdiction on any dispute related thereto shall be with the relevant body or authority of the Member State in which the broadcasting organisation providing the online service is established.
Amendment 133 #
Proposal for a regulation
Article 3 – title
Article 3 – title
Exercise of the rights in retransmission and in re-use of broadcasting organisations' on- demand services by right holders other than broadcasting organisations
Amendment 142 #
Proposal for a regulation
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
(5 a) The principles of the paragraphs 1 to 5 shall apply also to the integral re- use of the broadcasting organisation's on- demand services by a party other than the broadcasting organisation under whose control and responsibility such services were primarily made available.