48 Amendments of Paweł ZALEWSKI related to 2012/0180(COD)
Amendment 134 #
Proposal for a directive
Recital 3
Recital 3
(3) When established in the Union, collecting societies – as service providers – must comply with the national requirements pursuant to Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market whichWhereas this Directive seeks to create a legal framework for ensuring the freedom of establishment and the free movement of services between the Member States, it also introduces a derogation from the freedom to provide services across borders in relation to intellectual property rights, which applies to services provided by collecting societies. This implies that collecting societies should be free to provide their services across borders, to represent rightholders residin other Member States as long as they comply with the national requirements or established in other Member States or grant licences to users resident or established in otherf these Member States, including with authorization schemes. Such authorizations to be granted on non-discriminatory basis, in particular such authorisations should be granted as a matter of formality to renowned and well-established collective management organisations, already in operations in Member States.
Amendment 150 #
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 a rightholders are is able to freely choose thea collecting societyve management organisation for the management of theirhis rights, such as public performance or broadcastingwhether they be communication to the public or reproduction rights, or categories of rights, such as interactive commubroadcasting, theatrical exhibition, or reproduction for online distribution but provided that the collective management organicsation to the public, provided the collecting society already manages suchhe rightholder wishes to choose already manages such rights or categories of rights. The rights or categories of rights or types of works and other subject matter managed by the collective management organisation should be determined by the general assembly of members and subject to, where applicable, an authorisation granted by the competent authority, without prejudicing the right of the rightholder to make such a choice under this Directive. It is important that the rights orand categories of rights. This implies that rightholders can easily withdraw their rights or categories of rights from a collecting society are determined in a manner that maintains a balance between the freedom of rightholders to dispose of their works and other subject matter and the ability of the organisation to effectively manage the rights taking into account, in particular, the type of rights managed by the organisation and the creative sector in which the organisation operates. Rightholders should be able to easily withdraw their rights or categories of rights or individual works from a collective management organisation and entrust or transfer all or part of them to another collecting societyve management organisation or another entity irrespective of the Member State of residence or the nationality of either the collecting societyve management organisation or the rightholder. Collecting societieve management organisations 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, individual 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 ofy for rightholders to manage their rights individually, including for non-commercial uses.
Amendment 167 #
Proposal for a directive
Recital 13
Recital 13
(13) Members should be allowed to take part in monitoring the management of collecting societies. To this end, collecting societies should establish a supervisory function appropriate to their organisational structure and allow members to be represented in the body that exercises this function. To avoid imposing excessive burden on smaller collecting societies and to make the obligations arising from this Directive proportionate, Member States should be able to, if they consider this to be necessary, exclude the smallest collecting societies from having to organise such a supervisory function.
Amendment 210 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
Amendment 216 #
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
Amendment 227 #
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 one rightholder, to manage copyright or rights related to copyright on behalf of several rightholders, for the collective benefit of those rightholders as its sole or one of its main purposes, and which is: (i) owned or controlled by its members;, and/or (ii) organised as a not for profit organisation.
Amendment 253 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Rightholders shall have the right to authorise a collecting societyve management organisation of their choice to manage the rights, or categories of rights or works or types of works and other subject matter of their choice, for the Member States of their choice, irrespective of the Member State of residence or of establishment or the nationality of either the collecting society or the rightholder.
Amendment 258 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 (new)
Article 5 – paragraph 2 – subparagraph 1 (new)
Rightholders shall have the right to grant free licenses for the non-commercial use of their works and rights. In this case the rightholders shall inform in due time the collective management organization authorized to manage the rights to such works that such a free license has been granted.
Amendment 275 #
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 and non-discriminatory criteria. These criteria shall be included in the statute or the membership terms of the collecting society and shall be made publicly available.
Amendment 292 #
Proposal for a directive
Article 7 – paragraph 5 – introductory part
Article 7 – paragraph 5 – introductory part
5. In accordance with the provisions laid down in Chapter 2 of Title II, the general meetingassembly of members shall, at least, take decisions on the following issues:
Amendment 294 #
Proposal for a directive
Article 7 – paragraph 5 – point a
Article 7 – paragraph 5 – point a
(a) the policy on the distribution of the amounts due to rightholders, except where the general meeting decides to delegate this decision to the body exercising the supervisory function;
Amendment 297 #
Proposal for a directive
Article 7 – paragraph 5 – point b
Article 7 – paragraph 5 – point b
(b) the general policy on the use of the amounts due to rightholders which cannot be distributed as set out in Article 12(2) except where the general meeting decides to delegate this decision to the body exercising the supervisory function;
Amendment 300 #
Proposal for a directive
Article 7 – paragraph 5 – point c
Article 7 – paragraph 5 – point c
(c) the general investment policy, including on granting loans or providing security or guarantee for loans, with regard toand risk management policy with regard to rights revenue and any income arising from the investment of rights revenue;
Amendment 301 #
Proposal for a directive
Article 7 – paragraph 5 – point d
Article 7 – paragraph 5 – point d
(d) the rulesgeneral policy on deductions from rights revenue. and from any income arising from the investment of rights revenue, to the extent investments are allowed by the Member States;
Amendment 305 #
Proposal for a directive
Article 7 – paragraph 5 – point d a (new)
Article 7 – paragraph 5 – point d a (new)
(da) (e) the approval of any acquisition, sale or hypothecation of immovable property by the collective management organisation;
Amendment 308 #
Proposal for a directive
Article 7 – paragraph 5 – point d b (new)
Article 7 – paragraph 5 – point d b (new)
(db) the approval of mergers and alliances, setting-up subsidiaries, acquiring other entities or shares or rights in other entities;
Amendment 311 #
Proposal for a directive
Article 7 – paragraph 5 – point d c (new)
Article 7 – paragraph 5 – point d c (new)
(dc) the approval of taking-out loans, granting loans and providing security for loans, to the extent it is allowed by the Member States;
Amendment 313 #
Proposal for a directive
Article 7 – paragraph 5 – point d d (new)
Article 7 – paragraph 5 – point d d (new)
(dd) The general assembly of members may delegate the powers in points (e), (f) and (g) to the body exercising the supervisory function.
Amendment 348 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 366 #
Proposal for a directive
Article 10 – paragraph 4 – point c a (new)
Article 10 – paragraph 4 – point c a (new)
(ca) the investments shall not lead to the extension of the term referred to in Article 12(1).
Amendment 371 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Management fees shall not exceed the justified and documented costs incurred by the collective management organisation for the management of copyright and related rights.
Amendment 395 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The collecting society shallMember States shall ensure that a collective management organisation does not apply deductions, other than reasonable management fees, to the rights revenue derived from the rights it manages on the basis of a representation agreement with another collecting society, unless the other collecting society expressly consents to such deductions, and to any income arising from the investment of that rights revenue.
Amendment 401 #
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. Member States shall ensure that users provide a collective management organisation, without undue delay, with the information on the use of the rights represented by the collective management organisation that is necessary for the collection of rights revenue and for the distribution and payment of amounts due to rightholders. Member States shall ensure that collective management organisations have the right to request the above information from users. When necessary, this information should be provided in an electronic form allowing for its processing by the collective management organisation.
Amendment 402 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
Licensing terms shall be based on objective and non-discriminatory criteria, in particular in relation to tariffs. Tariffs for exclusive rights and rights to remuneration shall reflect in particular, the economic value of the use of the rights in trade, the nature and scope of the use of the work and other subject matter.
Amendment 431 #
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
Without prejudice to paragraph 2, Articles 17 and 26(2), Member States shall ensure that a collecting societyve management organisation makes available atno leastss than once a year, by electronic means, the following information to each rightholder it represents to each rightholder to whom it attributed rights revenue or made payments, in the period to which the information relates, at least the following information:
Amendment 434 #
Proposal for a directive
Article 16 – paragraph 1 – point a
Article 16 – paragraph 1 – point a
(a) any personalcontact daetails which the rightholder has authorised the collecting societyve management organisation to use including order to identify and locate the rightholder with the request to update these data if necessary;
Amendment 435 #
Proposal for a directive
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
(b) the rights revenue collected on behalf ofattributed to the rightholder;
Amendment 436 #
Proposal for a directive
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
(c) the amounts duepaid by the collective management organisation to the rightholder per category of rights managed, and type of use, paid by the collecting society to the rightholder in the period concerned;
Amendment 437 #
Proposal for a directive
Article 16 – paragraph 1 – point d
Article 16 – paragraph 1 – point d
(d) the period during which the uses took place for which amounts are due to the rightholderwere attributed and paid to the rightholder, unless objective reasons related to the reporting by users prevent the collective management organisation from providing this information;
Amendment 438 #
Proposal for a directive
Article 16 – paragraph 1 – point e
Article 16 – paragraph 1 – point e
(e) the deductions made for management fees in the period concerned;
Amendment 440 #
Proposal for a directive
Article 16 – paragraph 1 – point f
Article 16 – paragraph 1 – point f
(f) the deductions made for any purpose other than management fees, including those that may be required by national law for the provision of any social, cultural or educational services in the period concerned;
Amendment 442 #
Proposal for a directive
Article 16 – paragraph 1 – point g
Article 16 – paragraph 1 – point g
(g) any amounts duerights revenue attributed to the rightholder which areis outstanding for theany period concerned;
Amendment 443 #
Proposal for a directive
Article 16 – paragraph 1 – point h
Article 16 – paragraph 1 – point h
Amendment 446 #
Proposal for a directive
Article 16 – paragraph 1 – point h a (new)
Article 16 – paragraph 1 – point h a (new)
(ha) the information on the use of the rights represented by the collective management organisation where it is necessary for determining the amounts of the rights revenue due to the rightholder.
Amendment 449 #
Proposal for a directive
Article 18
Article 18
Amendment 467 #
Proposal for a directive
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. Member States shall ensure that a collecting society makes public through a searchable interface at least the following information:
Amendment 473 #
Proposal for a directive
Article 19 – paragraph 1 – point g a (new)
Article 19 – paragraph 1 – point g a (new)
(ga) standard licensing contracts and applicable tariffs;
Amendment 476 #
Proposal for a directive
Article 19 – paragraph 1 – point g b (new)
Article 19 – paragraph 1 – point g b (new)
(gb) the repertoire and rights it manages and the Member States covered;
Amendment 479 #
Proposal for a directive
Article 19 – paragraph 1 – point g c (new)
Article 19 – paragraph 1 – point g c (new)
(gc) a list of representation agreements it has entered into, including information on other collecting societies involved, the repertoire represented and the territorial scope covered by any such agreement;
Amendment 481 #
Proposal for a directive
Article 19 – paragraph 1 – point g d (new)
Article 19 – paragraph 1 – point g d (new)
(gd) any information on works for which one or more rightholders have not been identified including, where available, the title of the work, the name of the author, the name of the publisher and any other relevant;
Amendment 482 #
Proposal for a directive
Article 20 – paragraph 1 – subparagraph 2
Article 20 – paragraph 1 – subparagraph 2
The annual transparency report shall be published on the website of the collecting society and shall remain available to the public on that website for at least five years.
Amendment 486 #
Proposal for a directive
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 502 #
Proposal for a directive
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3a. The requested collective management organisation shall offer and manage the repertoire of the requesting collective management organisation for the purpose of multi-territorial licensing on the same conditions as its own repertoire.
Amendment 505 #
Proposal for a directive
Article 31
Article 31
Amendment 507 #
Proposal for a directive
Article 32
Article 32
Amendment 531 #
Proposal for a directive
Article 37 – title
Article 37 – title
Complaintsiance with the Directive
Amendment 533 #
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Member States shall ensure that procedures are set up for members of a collecting society, rightcompliance by collective management organisations established in their territory with the provisions of national law adopted pursuant to the requirements laid down in this Directive is monitored by competent authorities designated for that purpose. To this end Member States may require these collective management organisations to obtain the prior authorisation from the competent authority before commencing the collective management. Member States shoulders, users and o not decline the prior authorisation for operating on their interested parties to submit complaints to the competent authorities with regard to the activities of collecting societies which are covered by this Directiveterritories unless there are reasonable circumstances that justify such a refusal. Collective management organisations operating in Member States for at least twenty years as of the date of entry into force of this Directive should be granted authorisation on automatic basis without any formalities. Every collecting management organisation which is declined the authorisation or its authorisation is revoked has a right to appeal against the decision.
Amendment 535 #
Proposal for a directive
Article 37 – paragraph 1 a (new)
Article 37 – paragraph 1 a (new)
1a. Member States may require collective management organisations established outside their territory to obtain a prior authorisation from the competent authority in order to operate within the framework of the arrangements in that Member State concerning the management of rights such as extended collective licensing, compulsory collective management and legal presumptions of representation, or transfer of rights. Member States shall ensure that compliance by collective management organisations, operating in their territory on the basis of such authorisation, with the provisions of national law adopted pursuant to the requirements laid down in this Directive is monitored by competent authorities designated for that purpose.