8 Amendments of Lena KOLARSKA-BOBIŃSKA related to 2012/0180(COD)
Amendment 27 #
Proposal for a directive
Recital 2
Recital 2
(2) The dissemination of content which is protected by copyright and related rights and the linked services, including books, audiovisual productions and recorded music require the licensing of rights by different holders of copyright and related rights, such as authors, performers, producers and publishers. It is normally for the rightholders to choose between the individual or collective management of their rights. Management of copyright and related rights includes the granting of licences to users, the auditing of licensees and monitoring of the use of rights, the enforcement of copyright and related rights, the collection of rights revenue derived from the exploitation of rights and the distribution of the amounts due to rightholders. Collecting societieve management organisations enable rightholders to be remunerated for uses which they would not be in a position to control or enforce themselves, including in non-domestic markets. Moreover, they have an important social and cultural role as promoters of the diversity of cultural expressions by enabling the smallest and less popular repertoires to access the market. Article 167 of the Treaty on the Functioning of the European Union requires the Union to take cultural aspects into account in its action, in particular in order to respect and to promote the diversity of its cultures. (This amendments applies throughout the text)
Amendment 28 #
Proposal for a directive
Recital 3
Recital 3
Amendment 40 #
Proposal for a directive
Recital 9
Recital 9
(9) Having the freedom to provide and to receivereceive services for collective management serviceof copyright and related rights across national borders entails that rightholders are able to freely choose the collecting societyve management organisation 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 societyve management organisation already manages such rights or categories of rights. This implies that rightholders can easily withdraw their rights or categories of rights from a collecting societyve 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 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.
Amendment 44 #
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 societieve management organisations. To this end, collective management organisations should establish a supervisory function appropriate to their organisational structure and allow members to be representedthe different categories of members to be represented in fair and balanced manner 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 87 #
Proposal for a directive
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5a. Collective management organisations shall make information included in Article 19(1) publicly accessible provided that the protection of the personal data of the rightholders is preserved.
Amendment 125 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15 a Information provided to collective management organisations Member States shall ensure that collective management organisations have the right to request from users to provide any information and documents necessary to determine the nature and scope of the use of works and other protected subject- matter they represent, as well as the amounts of rights revenue. When necessary, these information and documents should be provided in an electronic form allowing for its processing by the collective management organisation.
Amendment 128 #
Proposal for a directive
Article 15 b (new)
Article 15 b (new)
Article 15b Refusal to grant a license: 1. The collective management organisation shall not, without important and justified reasons, refuse to grant a license for the use of works or other protected subject-matter within the scope of the repertoire it represents. In particular, the collective management organisation shall not refuse to grant a license, including a multi-territorial license, for the reasons related to profitability of such license. 2. When refusing to grant a license, the collective management organisation shall inform rightholders it represents, other collective management organisations on whose behalf it manages rights under a representation agreement and the user, of the reasons of such refusal.
Amendment 167 #
Proposal for a directive
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Member States shall providensure that their respective competent authorities may take appropriate administrative sanctions andhave the power to impose appropriate sanctions on collective management organisations and to take appropriate measures where the provisions of the national provisionslaw adopted in the implementation of this Directive have not been complied with, and shall ensure that they are applied. These sanctions and measures shall be effective, and proportionate and dissuasive.