[ParlTrack]

Proposal for a regulation
Recital 4

(4) Operators of retransmission services, that normally offer multiple programmes which use a multitude of works and other protected subject matter included in the retransmitted television and radio programmes, have a very short time- frame for identifying right holders obtaining the necessary licences and hence also face a significant rights clearing burden. There is also a risk for right holders of ~~having~~either losing out on the possibility to authorise and exploit their works and other protected subject matter or having them exploited without authorisation or payment of remuneration.

2017/06/23
Committee: JURI

Axel VOSS

Proposal for a regulation
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.

2017/06/23
Committee: JURI

Axel VOSS

Proposal for a regulation
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.deleted

2017/06/23
Committee: JURI

Axel VOSS

Proposal for a regulation
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.deleted

2017/06/23
Committee: JURI

Axel VOSS

Proposal for a regulation
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.deleted

2017/06/23
Committee: JURI

Axel VOSS

Proposal for a regulation
Recital 12

(12) Operators of retransmission services offered on satellite, digital terrestrial, ~~closed circuit~~open and closed IP-based, mobile and similar networks, 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 excluding 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 only be excluded from the scope of this Regulation ~~as those services have different characteristics. They are not linked to any particular infrastructure and their ability to~~if they cannot ensure a controlled environment ~~is limited~~ when compared for example to cable or closed circuit IP-based networks.

2017/06/23
Committee: JURI

Axel VOSS

Proposal for a regulation
Recital 13

(13) In order to provide legal certainty to operators of retransmission services offered on satellite, digital terrestrial, ~~closed circuit~~open and closed IP-based, mobile or similar networks, and to overcome disparities in national law regarding such retransmission services, rules similar to those that apply to cable retransmission as defined in Directive 93/83/EEC should apply. The rules established in that Directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation. This is without prejudice to Directive 2014/26/EU18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation. _________________ 18 Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi- territorial licensing of rights in musical works for online use in the internal market, OJ L 84, 20.3.2014, p. 72–98.

2017/06/23
Committee: JURI

Axel VOSS

Proposal for a regulation
Recital 15a (new)

(15a) Broadcasters that transmit their programme-carrying signals through a direct injection process to distributors for reception by the public shall be jointly liable with their distributors for acts of communication to the public and making available to the public, as defined in Article 3 of Directive 2001/29/EC, which they carry out together. Such broadcasting organisations and distributors should therefore obtain an authorisation from the right holders concerned as regards their participation in such acts.

2017/06/23
Committee: JURI

Axel VOSS

Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)

(ba) "direct injection" means a process in two steps or more by which, firstly, broadcasting organisations transmit programme-carrying signals to their distributors point to point via a private line – by wire or over the air, including by satellite, and in such a way that the signals cannot be received the public during such transmission –and the distributors then transmit the signals to the public, simultaneously in an unaltered and unabridged form, for viewing or listening by a variety of techniques including cable, microwave systems, satellite, or digital terrestrial, IP-based, mobile, or similar networks.

2017/06/23
Committee: JURI

Axel VOSS

Proposal for a regulation
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.Article 2 deleted

2017/06/23
Committee: JURI

Axel VOSS

Proposal for a regulation
Article 3 – paragraph 4

(4) A right holder shall have the same rights and obligations resulting from the agreement between the operator of the retransmission service and the collective management organisation which is deemed to be mandated to manage his or her right as the right holders who have mandated that collective management organisation and shall be able to claim ~~those rights~~remuneration for those rights from the collecting society as described in Article 3 (2) and (3) within a period, to be fixed by the Member State concerned, which shall not be shorter than three years from the date of the retransmission which includes his or her work or other protected subject matter.

2017/06/23
Committee: JURI

Axel VOSS

Proposal for a regulation
Article 4 a (new)

Article 4a Exploitation of television and radio programmes through a direct injection process Broadcasters that transmit their programme-carrying signals by a direct injection process to distributors for reception by the public, and those distributors as such, shall both be liable for acts of communication to the public and making available to the public, as defined in Article 3 of Directive 2001/29/EC, which they carry out together.In such a situation, both the broadcasting organisation and the distributors involved in the direct injection process shall obtain an authorisation from the relevant right holders for their participation in such acts and the exploitation of the rights concerned.

2017/06/23
Committee: JURI

Axel VOSS

Proposal for a regulation
Article 5 a (new)

Article 5 a Member States shall ensure that the parties enter into and conduct negotiations in good faith and under fair, reasonable and non-discriminatory terms do not prevent or hinder negotiations without valid justification.

2017/06/23
Committee: JURI

Activities of Axel VOSS related to 2016/0284(COD)

Legal basis opinions (0)

Amendments (13)

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