Activities of Emma McCLARKIN related to 2012/0180(COD)
Plenary speeches (1)
Copyright and related rights and multi-territorial licensing of rights in musical works for online uses (debate)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online uses in the internal market
Amendments (42)
Amendment 74 #
Proposal for a directive
Recital 13
Recital 13
(13) Members should be allowed to take part in monitoring the management of collecting societiemanagement organisations. To this end, collecting societiemanagement organisations 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 burdens on smaller collecting societiesmanagement organisations in line with better regulation commitments, 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 societiemanagement organisations from having to organise such a supervisory function.
Amendment 79 #
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) To streamline the procedure, enhance transparency and prevent situations where users receive more than one invoice for the same rights in the same works, collecting management organisations may cooperate. The costs and benefits of cooperation that could include pooling of information on licences, a common database and joint invoicing require further evaluation.
Amendment 82 #
Proposal for a directive
Recital 20
Recital 20
(20) To ensure that rightholders are in a position to monitor the performance of their collecting societiemanagement organisations and compare their respective performance, collecting societiemanagement organisations should make public an annual transparency report comprising comparable audited financial information specific to the activities of collecting societies. Collecting societiemanagement organisations. Collecting management organisations should also make public an annual special report on the use of amounts dedicated to social, cultural and educational services. To avoid imposing excessive burdens on smaller collecting societiemanagement organisations, in line with better regulation commitments 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 societiemanagement organisations from certahaving transparency obligao organise such a supervisory functions.
Amendment 86 #
Proposal for a directive
Recital 24
Recital 24
(24) In the online music sector, where collective management of authors' rights on a territorial basis remains the norm, it is essential to create conditions conducive to the most effective licensing practices by collecting societiemanagement organisations, 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 societiemanagement organisations of multi- territorial collective licensing of authors' online rights in musical works, thereby enhancing consumer choice and advancing towards completion of the Digital Single Market. These provisions should ensure the necessary minimum quality of the cross- border services provided by collecting societiemanagement organisations, 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 societymanagement organisation to request another collecting societymanagement organisation 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 117 #
Proposal for a directive
Recital 12
Recital 12
(12) The interests of all Members of collecting societiemanagement organisations should be represented at the general meeting and where possible, members of collecting management organisations should be allowed to participate and vote in the general meeting; the exercise of these rights may only be subject to fair and proportionate restrictions. The exercise of voting rights should be made easy.
Amendment 121 #
Proposal for a directive
Recital 13
Recital 13
(13) Members should be allowed to take part in monitoring the management of collecting societiemanagement organisations. To this end, collecting societiemanagement organisations 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 burdens on smaller collecting societiesmanagement organisations in line with better regulation commitments, 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 societiemanagement organisations from having to organise such a supervisory function.
Amendment 130 #
Proposal for a directive
Article 5 – paragraph 7 – subparagraph 2
Article 5 – paragraph 7 – subparagraph 2
Collecting societiemanagement organisations shall inform their members of their rights under paragraphs 1 to 6 within sixfour months of the transposition date of this Directive.
Amendment 134 #
Proposal for a directive
Recital 20
Recital 20
(20) To ensure that rightholders are in a position to monitor the performance of their collecting societiemanagement organisations and compare their respective performance, collecting societiemanagement organisations should make public an annual transparency report comprising comparable audited financial information specific to the activities of collecting societies. Collecting societiemanagement organisations. Collecting management organisations should also make public an annual special report on the use of amounts dedicated to social, cultural and educational services. To avoid imposing excessive burdens on smaller collecting societiemanagement organisations, in line with better regulation commitments 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 societiemanagement organisations from certahaving transparency obligao organise such a supervisory functions.
Amendment 146 #
Proposal for a directive
Recital 24
Recital 24
(24) In the online music sector, where collective management of authors' rights on a territorial basis remains the norm, it is essential to create conditions conducive to the most effective licensing practices by collecting societiemanagement organisations, 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 societiemanagement organisations of multi- territorial collective licensing of authors' online rights in musical works, thereby enhancing consumer choice and advancing towards completion of the Digital Single Market. These provisions should ensure the necessary minimum quality of the cross- border services provided by collecting societiemanagement organisations, 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 societymanagement organisation to request another collecting societymanagement organisation 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 157 #
Proposal for a directive
Recital 35
Recital 35
(35) Broadcasting organisations generally rely on a licence from a local collecting societyve management organisation, 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 the 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 for 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 derogation should not 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 of Articles 101 or 102 of the Treaty on the Functioning of the European Union.
Amendment 159 #
Proposal for a directive
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. Member States may decide that pParagraphs 1 and 2 shall not apply to a collecting societymanagement organisation which on its balance sheet date does not exceed the limits of two of the three following criteria:
Amendment 167 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
Titles I, II and IV with the exception of Articles 36 and 40 shall apply to all collecting societieve management organisations established in the Union.
Amendment 174 #
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
Title III and Articles 36 and 40 of Title IV shall only apply to those collecting societieve management organisations managing authors' rights in musical works for online use on a multi- territorial basis.
Amendment 179 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where the amounts due to rightholders cannot be distributed, after fivthree years from the end of the financial year in which the collection of the rights revenue occurred, and provided that the collecting societymanagement organisation has taken all necessary measures to identify and locate the rightholders, the collecting society shallMember States shall be responsible for decideing on the use of the amounts concerned how best to allocate undistributed monies, including accordance with Article 7(5)(b), without prejudice to the right of the rightholder to claim such amounts from the collecting societyllowing the collecting management organisations to distribute the monies among their members.
Amendment 190 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘collecting societymanagement organisation’ means any organisation which is authorised by law or by way of assignment, licence or any other contractual arrangement, by more than onea substantial number of rightholders, to manage copyright or rights related to copyright as its sole or main purpose and which is owned or controlled by its members;
Amendment 197 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15a 1. Collecting management organisations shall establish proportionate communication procedures allowing the user to provide all necessary information on the use of the licence, including a report on actual use of the works, to the collecting society accurately and within the deadline jointly agreed in relation to that licence. 2. Collecting management organisations may establish a cooperation procedure for the benefit of their rightholders, members and users. Such a cooperation procedure could include pooling of information on the licences issued and the use of works and other protected subject-matter. In this regard, the costs and benefits of a common database and joint invoicing require further evaluation.
Amendment 201 #
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘rights revenue’ means income collected by a collecting societyve management organisation on behalf of rightholders, whether from an exclusive right, a right to remuneration or a right to compensation;
Amendment 203 #
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘management fees’ means the amount chargdeducted by a collecting societyve management organisation from the rights revenues in order to cover the costs of its management of copyright or related rights services;
Amendment 209 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Member States shall ensure that collecting societieve management organisations act in the best interest of their members and do not impose on rightholders whose rights they manage and do not impose on them any obligations which are not objectively necessary for the protection of the rights and interests of these rightholders.
Amendment 212 #
Proposal for a directive
Article 20 – paragraph 5 – introductory part
Article 20 – paragraph 5 – introductory part
5. Member States may decide that pPoints 1 (a), (f) and (g) of Annex I shall not apply to a collecting societymanagement organisation which on its balance sheet date does not exceed the limits of two of the three following criteria:
Amendment 217 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Rightholders shall have the right tomay authorise a collecting societymanagement organisation of their choice to manage the rights, categories of rights 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 rightholdermanagement organisation or the rightholder. A collecting management organisation may refuse to accept a mandate from a rightholder where the collecting management organisation does not manage the rights covered by the mandate.
Amendment 218 #
Proposal for a directive
Article 25 – paragraph 4 a (new)
Article 25 – paragraph 4 a (new)
4a. Where possible and only when the costs and benefits of a joint invoice have been evaluated, for the purposes of paragraphs 3 and 4, the collecting management organisation may establish a cooperation procedure with other collecting management organisations to provide for online music service providers to be issued with a single joint invoice as provided for in Article 15a.
Amendment 224 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Rightholders shall have the right to terminate the authorisation to manage rights, categories ofthe rights, or types of works and other subject matter granted to a collecting societymanagement organisation or to withdraw from a collecting society any of the rights or categories ofmanagement organisation the rights or types of works and other subject matter of their choice, for the Member States of their choice, upon serving reasonable notice not exceeding six months. The collecting societymanagement organisation may decide that such termination or withdrawal will take effect only at the middle and at the end of the financial year, whichever is sooner after the expiry of the notice period.
Amendment 227 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Collecting societieve management organisations shall not restrict the exercise of rights provided under paragraphs 3 and 4 by requiring that the management of rights or categories of rights or type of works and other subject matter which are subject to the termination or the withdrawal are entrusted to another collecting societyve management organisation.
Amendment 229 #
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shall ensure that the rightholder gives express consent specifically for each right or category of rights or type of works and other subject matter which that rightholder authorises the collecting societyve management organisation to manage and that any such consent is evidenced in documentary form.
Amendment 239 #
Proposal for a directive
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Member States shall ensure that collecting societiesmanagement organisation make available to their members and rightholders effective and timely procedures for dealing with complaints and for resolving disputes in particular in relation to authorisation to manage rights and termination or withdrawal of rights, membership terms, the collection of amounts due to rightholders, deductions and distributions. The procedures for dealing with complaints and for resolving disputes shall be independent.
Amendment 241 #
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 250 #
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The general meeting shall control the activities of the collecting societyve management organisation by, at least, deciding on the appointment and removal of the auditor and approving the annual transparency report and the auditor's report.
Amendment 262 #
Proposal for a directive
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Every member of a collecting societymanagement organisation shall have the right to appoint any other natural or legal person that is a member of that collecting management organisation as a proxy holder to attend and vote at the general meeting in his name.
Amendment 279 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Member States shall ensure that the persons who effectively manage the business of a collecting societyve management organisation and its directors, with the exception of the directors exercising supervisory function, design procedures so as to avoid conflicts of interest. The collecting societyve management organisation shall have procedures to identify, manage, monitor and disclose conflicts of interest in order to prevent them from adversely affecting the interests of members of the societyorganisation.
Amendment 280 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The collecting societymanagement organisation shall manage and keep separate the rights revenue andaccounting for costs and income related on the one hand from the rights revenue and on the other hand from any income derived from its investment from its own assets, the income derived from its management services or the income derived from any other activities.
Amendment 300 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where the amounts due to rightholders cannot be distributed, after fivthree years from the end of the financial year in which the collection of the rights revenue occurred, and provided that the collecting societymanagement organisation has taken all necessary measures to identify and locate the rightholders, the collecting society shallMember States shall be responsible for decideing on the use of the amounts concerned in accordance with Article 7(5)(b), without prejudice to the right of the rightholder to claim such amounts from the collecting societyhow best to allocate undistributed monies, including allowing the collecting management organisations to distribute the monies among their members.
Amendment 329 #
Proposal for a directive
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
(c) the amounts due to the rightholder per category of rights managed, and type of use, paid by the collecting societyve management organisation to the rightholder in the period concerned;
Amendment 332 #
Proposal for a directive
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) the amounts due to rightholders per category of rights managed, and per type of use paid by the collecting societyve management organisation for the licensing of the rights it manages under the representation agreement;
Amendment 333 #
Proposal for a directive
Article 18 – title
Article 18 – title
Information provided to rightholders, members, other collecting societieve management organisations and users on request
Amendment 334 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Amendment 340 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. In addition, a collecting societyA collective management organisation shall make available at the request of any rightholder or any collecting societyve management organisation, 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 information available which could be necessary to identify the rightholders.
Amendment 342 #
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 publicve management organisation makes available through a publicly accessible website at least the following information:
Amendment 343 #
Proposal for a directive
Article 19 – paragraph 1 – point a a (new)
Article 19 – paragraph 1 – point a a (new)
(aa) standard licensing contracts and applicable tariffs;
Amendment 344 #
Proposal for a directive
Article 19 – paragraph 1 – point a b (new)
Article 19 – paragraph 1 – point a b (new)
(ab) the repertoire and rights it manages and the Member States covered;
Amendment 379 #
Proposal for a directive
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Member States shall ensure that collecting societiemanagement organisations make available to their members and rightholders effective and timely procedures for dealing with complaints and for resolving disputes in particular in relation to authorisation to manage rights and termination or withdrawal of rights, membership terms, the collection of amounts due to rightholders, deductions and distributions. The procedures for dealing with complaints and for resolving disputes shall be independent.
Amendment 390 #
Proposal for a directive
Article 38 – paragraph 2
Article 38 – paragraph 2