8 Amendments of Luigi BERLINGUER related to 2012/0180(COD)
Amendment 214 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
Member States may decide that Titles I, II and IV, with the exception of Articles 36 and 40, shall apply to collecting societies established outside the Union which engage in activities in their territory.
Amendment 236 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) 'rightholder' means any natural person or legal entity other than a collecting society that holds a copyright or related right or who under an agreement for the exploitation of rights is entitled to a share of the rights revenue from any of the rights managed by the collecting societya right to remuneration laid down by law;
Amendment 237 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
c) 'member of a collecting society' means a rightholder or an entity directly representing rightholdersas defined in Article 3(1)(b) or a non-profit making entity, including other collecting societies and associations of rightholders, fulfilling the membership requirements of the collecting society and admitted by it;
Amendment 251 #
Proposal for a directive
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
This Directive shall apply without prejudice to existing or future arrangements concerning the management of rights in Member States such as the mandatory collective management of exclusive rights or rights to remuneration laid down by law or extended collective licensing.
Amendment 408 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
Tariffs for exclusive rights shall reflect the economic value of the rights in trade and ofensure that rightholders receive a fair and proportionate share of the revenues arising from the use of the works and reflect the service provided by the collecting society.
Amendment 415 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 3
Article 15 – paragraph 2 – subparagraph 3
In the absence of any national law which establishes the amounts due to rightholders in respect of a right to remuneration and a right to compensation, the collecting society shall base its own determination of those amounts due, on the economic value of those rights in tradesame criteria.
Amendment 417 #
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. Users and producers shall provide collecting societies, free of charge, with statements of use, containing the information needed to identify sound works and their rightholders.
Amendment 424 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15 a Obligations of users 1. Member States shall ensure that users and producers comply with the payment time limits and schedules provided for in the licences and agreements concluded with the collecting societies in order for them to be able to comply with their own time limits for distribution to rightholders. 2. Member States shall ensure that users and producers provide the collecting societies with which they have concluded a licence or an agreement with regular, precise and prompt information, free of charge, on the use of rights, rightholders and works covered by the licence or agreement, in order for the societies to meet their own obligations to rightholders. 3. Member States shall ensure that users comply with international and sectoral standards on data transfer, and in their exchange of information with collecting societies use international identifiers of works and rightholders where they exist.