7 Amendments of Petra KAMMEREVERT related to 2012/0180(COD)
Amendment 93 #
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 which seeks to create a legal framework for ensuring the freedom of establishment and the free movement of services between the Member States. This implies that collecting socieThis Directive does not interfere with measures taken by the Member States in accordance with EU law to protect or promote cultural and linguistic diversity and achieve socio-political objectives. Current European Court of Justice case law recognises socio-political objectives, protection of beneficiaries of services, protection of intellectual property, cultural policy objectives should be free to provide their services across borders, to represent rightholders resident or established in other Member States or grant licences to users resident or established in other Member States, promotion of national languages and conservation of historical and cultural heritage as ‘overriding reasons relating to the public interest’ in connection with Chapters II and III of the TFEU.
Amendment 156 #
Proposal for a directive
Recital 35
Recital 35
(35) Broadcasting organisations generally rely on a blanket licence from a local collecting society, for their own broadcasts of television and radio programmes which include musical works. This licence is often limited to broadcasting activities. A licence for online rights in musical works would be required in order to allow such television or radio broadcasts to be also available online. To facilitate the licensing of online music rights for t in order to acquire rights to the worldwide repertoire of musical works and to be able to provide the public with television and radio programmes and online services. Such blanket licences for broadcasting organisations are based on their actual needs, have become firmly established and are recognised by rightholders, broadcasting organisations and collecting societies alike. This established purposes of simultaneous and delayed transmission online of television and radio broadcasts, it is necessary to provide for a derogation from the rules that would otherwise apply to the multi-territorial licensing of musical works forractice should be retained by this Directive in order to avoid the application of disparate legislation on the licensing of offline and online uses. Such derogation should be limited to what is necessary to allow access to television or radio programmes online and to material having a clear and subordinate relationship to the original broadcast produced for purposes such as supplementing, previewing or reviewing that television or radio programme. That derogationrvices provided by broadcasting organisations. It is therefore necessary to exclude collecting societies from the scope of Title III as soon as they issue licences to broadcasting organisations. This should not, however, operate so as to distort competition with other services which give consumers access to individual musical or audiovisual works online, or lead to restrictive practices, such as market or customer sharing, in breach ofand must accord with national and EU law, particularly Articles 101 orand 102 of the Treaty on the Functioning of the European Union.
Amendment 182 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
Title III shall not apply to collecting societies if they distribute licences to broadcasting organisations in compliance with the provisions of national and EU law for works where providing online access is connected with providing offline access.
Amendment 183 #
Proposal for a directive
Article 2 – paragraph 2 b (new)
Article 2 – paragraph 2 b (new)
This Directive shall be without prejudice to national agreements on extended or binding collective rights management.
Amendment 207 #
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3a Application mutatis mutandis Articles 8 (1) and (2), 9, 15, 18 (1), 19 (1)(g), 20 (1), (2) and (4), 21 to 27, 31 to 33 and 35 to 40 shall also apply to legal persons which, in respect of the administration of rights, perform a similar function to collecting societies, and to legal persons which, in whole or in part, are owned, controlled or managed by collecting societies.
Amendment 208 #
Proposal for a directive
Article 3 b (new)
Article 3 b (new)
Article 3b General principle 1. The Member States shall ensure that collecting societies under their respective jurisdiction comply with the provisions of this directive. For the purposes of this directive, the jurisdiction of a Member State shall cover collecting societies established in that Member State. 2. A Member State where a collecting society operates shall not be prevented from imposing requirements on its provision of services which are justified on grounds of the general interest, particularly with regard to cultural and social policy objectives.
Amendment 376 #
Proposal for a directive
Article 33
Article 33