18 Amendments of Santiago FISAS AYXELÀ related to 2016/0284(COD)
Amendment 20 #
Proposal for a regulation
Recital 2
Recital 2
(2) The development of digital technologies and internet has transformed the distribution of and access to television and radio programmes. Users increasingly expect to have access to television and radio programmes both live and on- demand, using traditional channels such as satellite or cable and also through online services. Broadcasting organisations are therefore increasingly offering, in addition to their own broadcasts of television and radio programmes, online services ancillary to their broadcast, such as simulcasting and catch-up services. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open internet. On the part of users, there is a growing demand for access to broadcasts of television and radio programmes not only originating in their Member State but also in other Member States of the Union, including from members of linguistic minorities of the Union as well as from persons who live in another Member State than their Member State of origin.
Amendment 29 #
Proposal for a regulation
Recital 3
Recital 3
(3) A number of barriers hinder the provision of online services which are ancillary to broadcasts and the provision of retransmission services and thereby the free circulation of television and radio programmes within the Union. Broadcasting organisations transmit daily many hours of news, cultural, political, documentary or entertainment programmes. These programmes incorporate a variety of content such as audiovisual, musical, literary or graphic works, which is protected by copyright and/or related rights under Union law. That results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter. Often, the rights need to be cleared in a short time-frame, in particular when preparing programmes such as news or current affairs. In order to make their online services available across borders, broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevant territories which further increases the complexity of the rights’ clearance.
Amendment 38 #
Proposal for a regulation
Recital 5
Recital 5
(5) The rights in works and other protected subject matter are harmonised, among others, through Directive 2001/29/EC of the European Parliament and of the Council15 and Directive 2006/115/EC of the European Parliament and of the Council.16 The principal objective of these instruments is to establish a high level of protection for rightholders. _________________ 15 Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society OJ L 167, 22.6.2001, p. 10–19. 16 Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property OJ L 376, 27.12.2006, p. 28–35.
Amendment 49 #
Proposal for a regulation
Recital 7
Recital 7
(7) Therefore, cross-border provision of online services ancillary tofor the 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.
Amendment 52 #
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 by the broadcasting organisation (so-called catch- up services). In addition, ancillary online services include services which give access to material 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 other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, the provision of access to works or other protected subject matter independently of broadcast, 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 65 #
Proposal for a regulation
Recital 9
Recital 9
(9) In order to facilitate the clearance of rights for the provision of ancillary online services across borders it is necessary to provide for the establishment of the country of origin principle as regards the exercise of copyright and related rights relevant for acts occurring in the course of the provision of, the access to or the use of an ancillary online service. That principle of country of origin should apply exclusively to the relationship between right holders (or entities representing right holders such as collective management organisations) and broadcasting organisations and solely for the purpose of the provision of, the access to or the use of an ancillary online service. The principle of country of origin should not apply to any subsequent communication to the public or reproduction of content which is protected by copyright or related rights and which is contained in the ancillary online service.
Amendment 73 #
Proposal for a regulation
Recital 10
Recital 10
(10) Since the provision of, the access to or the use of an ancillary online service is deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment, while de facto the ancillary online service can be provided across borders to other Member States, it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question, the parties should take into account all aspects of the ancillary online service such as the features of the service, the audience, including the audience in the Member State in which the broadcasting organisation has its principal establishment and in other Member States in which the ancillary online service is accessed and used, and the language version.
Amendment 77 #
Proposal for a regulation
Recital 11
Recital 11
(11) Through the principle of contractual freedom it wiand in order to support existing licensing models, such as exclusive territorial licensing which enables the financing mechanisms which are vital to audiovisual production, optimal distribution and the promotion of cultural diversity it shall 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 and 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 83 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Direct injection technologies allow the programme-carrying signal of a broadcaster organisation to be transmitted exclusively to operators of retransmission services. The operators in turn package the signals and deliver them to their customers, frequently including other value added related services such as catch-up, local portability, streaming services. Delivering programming that is bundled and managed by broadcaster organisations accounts for a significant share of revenue for operators of cable retransmission services. Operators of retransmission services should continue to remunerate rights holders irrespective of the technology used.
Amendment 103 #
Proposal for a regulation
Recital 15
Recital 15
Amendment 113 #
Proposal for a regulation
Recital 17
Recital 17
(17) In order to achieve the objective of promoting the cross-border provision of ancillary online services and of facilitating retransmissions of television and radio programmes originating in other Member States, it is appropriate to adopt a Regulation, which directly applies in Member States. A Regulation is necessary in order to guarantee a uniform application of the rules across Member States and their entering into force at the same time with regard to all the concerned transmissions and retransmissions. The direct applicability of a Regulation reduces legal fragmentation and provides greater uniformity by introducing a harmonised set of rules which promote the free circulation of television and radio programmes originating in other Member States.
Amendment 117 #
Proposal for a regulation
Recital 18
Recital 18
(18) A review of the Regulation should be undertaken after the Regulation has been in force for a period of time, in order to assess, among others, to what extent the cross-border provision of ancillary online services has increased to the benefit of European consumers and hence also to the benefit of improved cultural diversity in the Union, as well to ascertain the extent to which the Regulation has affected transmission and retransmission service providers and rightsholders.
Amendment 122 #
Proposal for a regulation
Recital 19
Recital 19
(19) Since the objective of this Regulation, namely promoting the cross- border provision of ancillary online services and facilitating retransmissions of television and radio programmes originating in other Member States, cannot be sufficiently achieved by Member States and can therefore, by reason of the scale and effects, be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve its objective. As concerns the cross-border provision of ancillary online services, this Regulation establishes enabling mechanisms to facilitate the clearance of copyright and related rights. This Regulation does not oblige broadcasting organisations to provide such services across borders. Neither does this Regulation oblige operators of retransmission services to include in their services television or radio programmes originating in other Member States. This Regulation concerns only the exercise of certain retransmission rights to the extent necessary to simplify the licensing of copyright and related rights for such services and only with regard to television and radio programmes originating in other Member States of the Union,
Amendment 123 #
Proposal for a regulation
Article 1
Article 1
Amendment 151 #
Proposal for a regulation
Article 2
Article 2
Application of the principle of ‘country of origin’ to ancillary online services (1)The acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment. (2)When fixing the amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1, the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service, the audience, and the language version.rticle 2 deleted
Amendment 191 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
This Regulation does not oblige broadcasting organisations to provide such services across borders.
Amendment 192 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4a Principle of freedom of contract This Regulation shall apply to transmission and retransmission services throughout the EU and uphold the principle of the contractual freedom of rightsholders and operators of retransmission services. Rightsholders may limit the geographical scope of rights affected by the principle of country of origin.
Amendment 193 #
Proposal for a regulation
Article 5
Article 5
Agreements on the exercise of copyright and related rights relevant for the acts of communication to the public and the making available occurring in the course of provision of an ancillary online service as well as for the acts of reproduction which are necessary for the provision of, the access to or the use of an ancillary online service which are in force on [the date mentioned in Article 7(2), to be inserted by OPOCE ] shall be subject to Article 2 as from [the date mentioned in Article 7(2) + 2 years, to be inserted by OPOCE] if they expire after that date.rticle 5 deleted Transitional provision