22 Amendments of Marie-Thérèse SANCHEZ-SCHMID related to 2012/0180(COD)
Amendment 108 #
Proposal for a directive
Recital 9
Recital 9
(9) Having the freedom to provide and to receive collective management services across national borders entails that rightholders are able to freely choose the collecting society for the management of their rights, such as public performance or broadcasting rights, or categories of rights, such as interactive communication to the public, provided the collecting society already manages such rights or categories of rights. This implies that rightholders can easily withdraw their rights or categories of rights from a collecting society and entrust or transfer all or part of them to another collecting society or another entity irrespective of the Member State of residence or the nationality of either the collecting society or the rightholder. Collecting societies managing different types of works and other subject matter, such as literary, musical or photographic works, should also allow this flexibility to rightholders as regards the management of different types of works and other subject matter. Collecting societieve management organisations should inform rightholders of this choice and allow them to exercise it as easily as possible. Finally, this Directive should not prejudice the possibilities of rightholders to manage their rights individually, including for non- commercial uses. Direct copyright management arrangements between users and rightholders, which are of prime importance in sectors other than the music industry, including the audiovisual and publishing sectors, help to prevent a fragmentation of rights and facilitate the rise of new online services.
Amendment 135 #
Proposal for a directive
Recital 20 a (new)
Recital 20 a (new)
(20a) This Directive is without prejudice to arrangements in the Member States concerning the management of rights, such as extended collective licensing, compulsory collective management, or legal presumptions of representation or transfer, provided that the arrangements in question are compatible with Union law and the international obligations of the European Union and the Member States. In the case of compulsory collective management for all works in a given category of rights or types of content, the requirement to publish the repertoire shall not apply where a single compulsory collective management body is specifically mandated.
Amendment 144 #
Proposal for a directive
Recital 24
Recital 24
(24) In the online musicUnlike the other creative sectors, where direct licensing plays a greater role, collective management of authors’ rights on a territorial basis remains the norm, it isn the online music sector. It is therefore 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 162 #
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, respecting in particular individual non-disclosure agreements and non-disclosure clauses, 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 168 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
Titles I, II, IV and IV with the exception of Articles 36 and 40 shall apply to all collecting societies established in the Union.
Amendment 170 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
Articles 13 to 20 shall apply to collecting societies operating in at least one EU Member State.
Amendment 171 #
Proposal for a directive
Article 2 – paragraph 1 b (new)
Article 2 – paragraph 1 b (new)
Amendment 248 #
Proposal for a directive
Article 7 – paragraph 5 – point c
Article 7 – paragraph 5 – point c
Amendment 249 #
Proposal for a directive
Article 7 – paragraph 5 – point d
Article 7 – paragraph 5 – point d
d) the rules on deductions from rights revenue.eleted
Amendment 259 #
Proposal for a directive
Article 7 – paragraph 8
Article 7 – paragraph 8
Amendment 270 #
Proposal for a directive
Article 7 – paragraph 8 a (new)
Article 7 – paragraph 8 a (new)
8 a. The collecting society shall provide its members, where they are unable to attend the general meeting in person, with the means to exercise their right to vote: appointment of a proxy or distance voting.
Amendment 271 #
Proposal for a directive
Article 7 – paragraph 8 b (new)
Article 7 – paragraph 8 b (new)
8 b. Where the collecting society gives members the right to appoint a person as proxy to attend and vote at the general meeting on their behalf, the society may limit this right to other members in the same category.
Amendment 285 #
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 specify the rules governing the calculation of the deductions applicable to the rights revenue referred to in point (e) of Article 16.
Amendment 290 #
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, rightholdersthe members of the collecting society are entitled to the following services:
Amendment 292 #
Proposal for a directive
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
a) social, cultural or educational services on the basis of fair criteria, in particular in relation to the access to and the extent of those services;
Amendment 295 #
Proposal for a directive
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
Amendment 304 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where the amounts due to rightholders cannot be distributed, after fiva period laid down in the statute of the collecting society or by the general meeting and which may not be less than three 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) and the applicable law, without prejudice to the right of the rightholder to claim such amounts from the collecting society during the period laid down by the applicable law.
Amendment 306 #
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. For the purposes of paragraph 2, measures to identify and locate rightholders shall include verifying membership records and making available to the members of the collecting society as well as to the publicwho are rightholders and to the other collecting societies a list of works and other subject matter for which one or more rightholders have not been identified or located.
Amendment 327 #
Proposal for a directive
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
b) the rights revenue collected on behalf of the rightholder once the collecting society determined the amount involved;
Amendment 328 #
Proposal for a directive
Article 16 – paragraph 1 – point b a (new)
Article 16 – paragraph 1 – point b a (new)
ba) the members of a collecting society must forward to the latter, within a reasonable period, detailed information concerning the possible uses of the work, with a view to facilitating the smooth running of the society;
Amendment 351 #
Proposal for a directive
Article 19 – paragraph 2 – subparagraph 1
Article 19 – paragraph 2 – subparagraph 1
The information referred to in paragraph 1 shall be made available to the publishedc on the website of the collecting society and shall remain available to the public on that website.
Amendment 352 #
Proposal for a directive
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
Member States shall ensure that, irrespective of its legal form under national law, a collecting society draws up and make public an annual transparency report, including a special report, for each financial year no later than six months following the end of the financial year. The annual transparency report shall be signed by all directors designated by the administrative board of the organisation.