14 Amendments of Eider GARDIAZABAL RUBIAL related to 2015/0284(COD)
Amendment 37 #
Proposal for a regulation
Recital 12
Recital 12
(12) Therefore, the objective of this Regulation is to adapt the legal framework in order to ensure that the licensing of rights no longer presents barriers to cross-border pprovide a common approach to the provision of online content services to subscribers temporarily present in Member States other than their Member State of residence, without undermining ort abiolity of online content services in the Union and that the cross- border portability can be ensuredshing the territorial and multi- territorial licensing of rights as they play a key role in the financing, production and distribution of European audiovisual content.
Amendment 65 #
Proposal for a regulation
Recital 20
Recital 20
(20) In order to ensure that providers of online content services comply with the obligation to provide cross-border portability of their services without acquiringinfringing the territorial exclusivity of the relevant rights in another Member State, it is necessary to stipulate that those service providers which lawfully provide portable online content services in the Member State of residence of subscribers are always entitled to provide such services to those subscribers when they are temporarily present in another Member State. This should be achieved by establishing that the provision, the access to and the use of such online content service should be deemed to occur in the Member State of the subscriber's residence. This legal fiction should only be employed to enable cross- border portability and should be distinguished from cross-border access, which is outside the scope of this Regulation.
Amendment 68 #
Proposal for a regulation
Recital 20 a (new)
Recital 20 a (new)
(20a) This Regulation should not be interpreted as restricting a service provider from offering its services to a customer permanently located in another Member State, provided that the necessary licences have been acquired in accordance with Directive 2001/29/EC and Directive 2014/26/EU of the European Parliament and of the Council1a and that they have authorisation from the right holders to use their content. __________________ 1a 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).
Amendment 71 #
Proposal for a regulation
Recital 21
Recital 21
(21) For the licensing of copyright and related rights, this means that relevant acts of reproduction, communication to the public and making available of works and other protected subject-matter, as well as the acts of extraction or re-utilization in relation to databases protected by sui generis rights, which occur when the service is provided to subscribers when they are temporarily present in a Member State other than their Member State of residence, should be deemed to occur in the subscribers' Member State of residence. The service providers, therefore, should be deemed to carry out such acts on the basis of the respective authorisations from the right holders concerned for the Member State of residence of these subscribers. Whenever service providers can carry out acts of communication to the public or reproduction in the Member State of the subscriber on the basis of an authorisation from the right holders concerned, a subscriber who is temporarily present in a Member State other than his Member State of residence should be able to access and use the service and where necessary carry out any relevant acts of reproduction such as downloading which he would be entitled to do in his own Member State of residence. Tresidence. Provided that the Member State of residence of the subscriber has been effectively verified in accordance with this Regulation, the provision of an online content service by a service provider to a subscriber temporarily present in a Member State other than his or her Member State of residence and the use of the service by such a subscriber in accordance with this Regulation should not constitute a breach of copyright and related rights or any other rights relevant for the use of the content in the service.
Amendment 72 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) To safeguard cultural and linguistic diversity, the production, marketing and distribution of creative content across the Union, particularly with regard to the audiovisual sector and the rights of authors and creators that are protected by copyright, this Regulation should be limited to cross-border portability of legally acquired content and should in no case extend to cross-border access to online content services in Member States where the provider of the online content service has no authorisation from the creators and right holders to make use of that content.
Amendment 84 #
Proposal for a regulation
Recital 24
Recital 24
(24) This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union. Accordingly, this Regulation should be interpreted and applied in accordance with those rights and principles, in particular the right to respect for private and family life, the right to protection of personal data, the right to property, including intellectual property rights, the freedom of expression and the freedom to conduct a business. Any processing of personal data under this Regulation should respect fundamental rights, including the right to respect for private and family life and the right to protection of personal data under Articles 7 and 8 of the Charter of Fundamental Rights of the European Union and must be in compliance with Directives 95/46/EC27 and 2002/58/EC28 . In particular, service providers must ensure that any processing of personal data under this Regulation must be necessary and proportionate in order to achieve the relevant purpose. __________________ 27 Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31–50). 28 Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications) (OJ L 201, 31.07.2002, p 37), called, as amended by Directives 2006/24/EC and 2009/136/EC, the "e- Privacy Directive".
Amendment 87 #
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
Amendment 97 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation introduces a common approach to ensuring that subscribers to online content services in the Union, when temporarily present in a Member State, can access and use these services, on the condition that the provider of online content services has verified the subscriber's Member State of residence.
Amendment 101 #
Proposal for a regulation
Article 2 – point c
Article 2 – point c
(c) "Member State of residence" means the Member State where the subscriber is habitually residing, established on the basis of Article 3a, where the subscriber has his or her actual residence, defined as the place where one has established a permanent centre of interests, with the intention of giving it a lasting character and a place to which an individual regularly returns and with which he or she has a continuous connection;
Amendment 109 #
Proposal for a regulation
Article 2 – point d
Article 2 – point d
(d) "Temporarily present" means athe presence of a subscriber in a Member State other than the Member State of residence for a determined period of time, provided that the subscriber does not move his or her centre of interests there;
Amendment 121 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
(1) The provider of an online content service shall enable a subscriber who is verified as temporarily present in a Member State to access and use the online content service.
Amendment 122 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
(1a) The obligation set out in paragraph 1 shall not extend to cross- border access of online content for which the service provider has not acquired authorisation for use from the right holder.
Amendment 123 #
Proposal for a regulation
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
(1b) The obligation set out in paragraph 1 shall apply from ... [12 months following the day of the publication of this Regulation in the Official Journal of the European Union].
Amendment 154 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7a Evaluation Three years after the entry into force of this Regulation the Commission shall assess the application of this Regulation and shall submit a report thereon to the European Parliament and to the Council. The report shall include an assessment of the use of cross-border portability and the verification of the Member State of residence and, if necessary, on the need for a review. The Commission's report shall be accompanied, if appropriate, by a legislative proposal.