6 Amendments of Robert ROCHEFORT related to 2016/0284(COD)
Amendment 75 #
Proposal for a regulation
Recital 11
Recital 11
(11) This Regulation determines that certain online transmissions by broadcasting organisations are subject only to the national laws of the Member States of establishment of those organisations. However, these provisions affect neither the rights provided under Directive 2001/29/EC nor the rights acquisition on a contractual basis for such online transmissions. Therefore, through the principles of territoriality and contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, especially as far as certain technical means of transmission or certain language versions are concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union law.
Amendment 88 #
Proposal for a regulation
Recital 12
Recital 12
(12) Operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile and similar networks, provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously, in an unaltered and unabridged manner, for reception by the public, an initial transmission from another Member State of television or radio programmes, where this initial transmission is by wire or over the air, including by satellite but excluding online transmissions, and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. RIP-based retransmission services which are offereoffered both on closed-circuit networks and on the open internet should be exincluded fromin the scope of this Regulation as those services have different characteristics. They are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable orlong as they are provided to a defined number of users (e.g. subscribers, registered users) and comparable to closed circuit IP-based networks.
Amendment 100 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) Copyright and related rights involve in some cases the application of numerous territorially-defined national rights belonging to different right holders. In some cases, the exercise of such rights involves different entities. A database should be developed by the Commission and Member States in cooperation with collective management organisations in order to facilitate the identification of rightholders to enhance the ability of broadcasting organisations and retransmission operators to conclude licensing agreements.
Amendment 145 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) “retransmission” means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC and other than retransmission provided over an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19 , intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite but excludingand online transmission, of television or radio programmes intended for the reception by the public, provided that such retransmission is. Such retransmission must be equivalent to retransmissions by operators of cable retransmission services and must be made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.
Amendment 167 #
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
(1a) Paragraph 1 shall not undermine the principle of territorial exploitation of rights or contractual freedom in copyright law, and shall be without prejudice to the rights set out in Directive 2001/29/EC.
Amendment 186 #
Proposal for a regulation
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
(5a) The Commission and Member States in cooperation with collective management organisations shall develop a database providing information relating to copyright and related rights of works, including concerning the holder of the right, the type of use of the right, its territorial scope and its duration.