{"change_dates":[],"dossier":{"amendments":[{"authors":"Marietje Schaake, Amelia Andersdotter","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-16","location":[["Proposal for a directive","Recital 1"]],"meps":[96945,108570],"meta":{"created":"2019-07-03T05:11:23"},"new":["(1) The directives which have been","adopted in the area of copyright and related","rights already provide a high level of","protection for rightholders and thereby for","a framework where the exploitation of","content protected by these rights can take","place. In an internal market where","competition is not distorted, protecting","innovation and intellectual creation can","encourage investment in innovative","services and products."],"old":["(1) The directives which have been","adopted in the area of copyright and related","rights already provide a high level of","protection for rightholders and thereby for","a framework where the exploitation of","content protected by these rights can take","place. They contribute to developing and","maintaining creativity. In an internal","market where competition is not distorted,","protecting innovation and intellectual","creation also encourages investment in","innovative services and products."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"16","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Maria Badia i Cutchet","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-17","location":[["Proposal for a directive","Recital 1 a (new)"]],"meps":[28342],"meta":{"created":"2019-07-03T05:11:23"},"new":["(1a) The aim is to achieve a balanced","model that gives users and citizens easy","access to cultural content and goods,","respects the rights of creators and","rightholders and allows those who so","desire to create their own content and","share it without acquiring intellectual","property rights (IPR). Modern EU","legislation which is adapted to current","needs in the field of IPR enforcement in","the digital domain will serve as the basis","for establishing agreements with our","trading partners, moving beyond the","failed attempts to address both the","counterfeiting of goods and Internet","content."],"old":[""],"orig_lang":"es","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"17","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-18","justification":"Collective management organisations (CMOs) encompass all forms of entities dealing with\ncollective rights management, such as collecting societies. This more general term is\npreferable in order to ensure a level playing field. Consistent with draft opinions from CULT\nand IMCO.","location":[[" Proposal for a directive","Recital 2"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:23"},"new":["(2) The dissemination of content which is","protected by copyright and related rights","and the linked services, including books,","audiovisual productions and recorded","music require the licensing of rights by","different holders of copyright and related","rights, such as authors, performers,","producers and publishers. It is normally for","the rightholders to choose between the","individual or collective management of","their rights. Management of copyright and","related rights includes the granting of","licences to users, the auditing of licensees","and monitoring of the use of rights, the","enforcement of copyright and related","rights, the collection of rights revenue","derived from the exploitation of rights and","the distribution of the amounts due to","rightholders. Collective management","organisations enable rightholders to be","remunerated for uses which they would not","be in a position to control or enforce","themselves, including in non-domestic","markets. Moreover, they have an important","social and cultural role as promoters of the","diversity of cultural expressions by","enabling the smallest and less popular","repertoires to access the market. Article","167 of the Treaty on the Functioning of the","European Union requires the Union to take","cultural aspects into account in its action,","in particular in order to respect and to","promote the diversity of its cultures.","(This amendment applies throughout the","text. Adopting it will necessitate","corresponding changes throughout.)"],"old":["(2) The dissemination of content which is","protected by copyright and related rights","and the linked services, including books,","audiovisual productions and recorded","music require the licensing of rights by","different holders of copyright and related","rights, such as authors, performers,","producers and publishers. It is normally for","the rightholders to choose between the","individual or collective management of","their rights. Management of copyright and","related rights includes the granting of","licences to users, the auditing of licensees","and monitoring of the use of rights, the","enforcement of copyright and related","rights, the collection of rights revenue","derived from the exploitation of rights and","the distribution of the amounts due to","rightholders. Collecting societies enable","rightholders to be remunerated for uses","which they would not be in a position to","control or enforce themselves, including in","non-domestic markets. Moreover, they","have an important social and cultural role","as promoters of the diversity of cultural","expressions by enabling the smallest and","less popular repertoires to access the","market. Article 167 of the Treaty on the","Functioning of the European Union","requires the Union to take cultural aspects","into account in its action, in particular in","order to respect and to promote the","","","diversity of its cultures."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"18","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-19","justification":" This addition reflects the Commission's interpretation of the derogation for intellectual\n property rights as explained in the Commission's \"Handbook on implementation of the\n Services Directive\". [European Commission, DG Internal Market and Services (2007).\n \"Handbook on implementation of the Services Directive\", p. 42]","location":[["Proposal for a directive","Recital 3"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:23"},"new":["(3) When established in the Union,","collecting societies \u2013 as service providers \u2013","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. In this context, reminds","that the derogation in article 17(11) for","intellectual property rights from the","principle of freedom to provide cross-","border services without unjustified","restriction, covers the rights as such","(existence of the right, scope and","exceptions, duration, etc.) and it does not","concern services linked to the","management of such rights, such as those","provided by collective management","organisations. This implies that collective","management organisations 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."],"old":["(3) When established in the Union,","collecting societies \u2013 as service providers \u2013","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 societies 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.",""],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"19","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-20","justification":"Inefficiencies and transparency problems also concern commercial independent rights\nmanagement providers. And in the end, consumers pay a large part of the cost of\ninefficiencies in markets for creative works.","location":[[" Proposal for a directive","Recital 4"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:24"},"new":["(4) There are significant differences in the","national rules governing the functioning of","collective management organisations, in","particular as regards their transparency and","accountability towards their members and","rightholders. Beyond the difficulties non-","domestic rightholders face when exercising","their rights and the too often poor financial","management of the revenues collected,","problems with the functioning of collective","management organisations lead to","inefficiencies and inequities in the","exploitation of copyright and related rights","across the internal market to the detriment","of the members of collecting societies,","rightholders, users and consumers alike."],"old":["(4) There are significant differences in the","national rules governing the functioning of","collecting societies, in particular as regards","their transparency and accountability","towards their members and rightholders.","Beyond the difficulties non-domestic","rightholders face when exercising their","rights and the too often poor financial","management of the revenues collected,","problems with the functioning of collecting","societies lead to inefficiencies in the","exploitation of copyright and related rights","across the internal market to the detriment","of the members of collecting societies,","rightholders and users alike. These","difficulties do not arise in the functioning","of independent rights management service","providers who act as agents for","rightholders for the management of their","rights on a commercial basis and in which","rightholders do not exercise membership","rights."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"20","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake, Amelia Andersdotter","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-21","location":[["Proposal for a directive","Recital 4"]],"meps":[96945,108570],"meta":{"created":"2019-07-03T05:11:24"},"new":["(4) There are significant differences in the","national rules governing the functioning of","collecting societies, in particular as regards","their transparency and accountability","towards their members, rightholders and","users. Beyond the difficulties non-","domestic rightholders face when exercising","their rights and the too often poor financial","management of the revenues collected,","problems with the functioning of collecting","societies lead to inefficiencies in the","exploitation of copyright and related rights","across the internal market to the detriment","of the members of collecting societies,","rightholders and users alike."],"old":["(4) There are significant differences in the","national rules governing the functioning of","collecting societies, in particular as regards","their transparency and accountability","towards their members and rightholders.","Beyond the difficulties non-domestic","rightholders face when exercising their","rights and the too often poor financial","management of the revenues collected,","problems with the functioning of collecting","societies lead to inefficiencies in the","exploitation of copyright and related rights","across the internal market to the detriment","of the members of collecting societies,","rightholders and users alike. These","difficulties do not arise in the functioning","of independent rights management service","providers who act as agents for","rightholders for the management of their","rights on a commercial basis and in which","rightholders do not exercise membership","rights."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"21","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Maria Badia i Cutchet","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-22","location":[[" Proposal for a directive","Recital 7 a (new)"]],"meps":[28342],"meta":{"created":"2019-07-03T05:11:24"},"new":["(7a) EU coordination of issues relating to","copyright and related rights should also","include the distinction between personal","and commercial use of the goods subject","to such rights in order to respect not just","the rights of creators and rightholders but","also those of users."],"orig_lang":"es","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"22","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-23","justification":"Rightholders should retain the right to freely decide over the rights to their own works,\nincluding the right to place the work in the public domain.","location":[[" Proposal for a directive","Recital 9"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:24"},"new":["(9) Having the freedom to provide and to","receive collective management services","across national borders entails that","rightholders are able to freely choose the","collecting society for the management of","their rights, such as public performance or","broadcasting rights, or categories of rights,","such as interactive communication to the","public, provided the collecting society","already manages such rights or categories","of rights. This implies that rightholders can","easily withdraw their rights or categories of","rights from a collecting society and entrust","or transfer all or part of them to another","collecting society or another entity","irrespective of the Member State of","residence or the nationality of either the","collecting society or the rightholder.","Collecting societies managing different","types of works and other subject matter,","such as literary, musical or photographic","works, should also allow this flexibility to","rightholders as regards the management of","works, different types of works and other","subject matter. Collecting societies should","inform rightholders of this choice and","allow them to exercise it as easily as","possible. Finally, this Directive should not","prejudice the possibilities of rightholders to","manage their rights individually, including","for non-commercial uses or placement in","the public domain."],"old":["(9) Having the freedom to provide and to","receive collective management services","across national borders entails that","rightholders are able to freely choose the","collecting society for the management of","their rights, such as public performance or","broadcasting rights, or categories of rights,","such as interactive communication to the","public, provided the collecting society","already manages such rights or categories","of rights. This implies that rightholders can","easily withdraw their rights or categories of","rights from a collecting society and entrust","or transfer all or part of them to another","collecting society or another entity","irrespective of the Member State of","residence or the nationality of either the","collecting society or the rightholder.","Collecting societies managing different","types of works and other subject matter,","such as literary, musical or photographic","works, should also allow this flexibility to","rightholders as regards the management of","","different types of works and other subject","matter. Collecting societies should inform","rightholders of this choice and allow them","to exercise it as easily as possible. Finally,","this Directive should not prejudice the","possibilities of rightholders to manage their","rights individually, including for non-","commercial uses."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"23","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-24","justification":"Inclusive as well as efficient member participation should be encouraged. Consistent with\ndraft opinion from CULT.","location":[["Proposal for a directive","Recital 12"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:24"},"new":["(12) All members of collective","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, and","whenever possible by electronic means."],"old":["(12) Members of collecting societies","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."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"24","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake, Amelia Andersdotter","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-25","location":[[" Proposal for a directive","Recital 12"]],"meps":[96945,108570],"meta":{"created":"2019-07-03T05:11:24"},"new":["(12) All members of collecting societies","should be allowed to participate and vote in","the general meeting. The exercise of voting","rights should be made as easy as possible."],"old":["(12) Members of collecting societies","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."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"25","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Daniel Caspary","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-26","location":[[" Proposal for a directive","Recital 12"]],"meps":[28219],"meta":{"created":"2019-07-03T05:11:24"},"new":["(12) Members of collecting societies","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 that are based on","objective criteria. The exercise of voting","rights should be made easy."],"old":["(12) Members of collecting societies","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."],"orig_lang":"de","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"26","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-27","justification":"Excluding small collective management organisations from any kind of supervisory function\ngoes counter to the purpose of the directive. Even small companies and organizations\ntypically require a board. Additionally, this recital should be consistent with revisions to\narticles 8.3 and 20.5. Consistent with draft opinions from CULT and IMCO.","location":[[" Proposal for a directive","Recital 13"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:24"},"new":["(13) Members should be allowed to take","part in monitoring the management of","collective management organisations. To","this end, collective management","organisations should establish a","supervisory function appropriate to their","organisational structure and allow","members, representing different","categories of rightholders, to be","represented in the body that exercises this","function."],"old":["(13) Members should be allowed to take","part in monitoring the management of","collecting societies. To this end, collecting","societies 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","burden on smaller collecting societies 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 societies from having to","organise such a supervisory function."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"27","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake, Amelia Andersdotter","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-28","location":[["Proposal for a directive","Recital 13"]],"meps":[96945,108570],"meta":{"created":"2019-07-03T05:11:24"},"new":["(13) Members should be allowed to take","part in monitoring the management of","collecting societies. To this end, collecting","societies should establish a supervisory","function appropriate to their organisational","structure and allow all categories of","members to be represented in the body that","exercises this function."],"old":["(13) Members should be allowed to take","part in monitoring the management of","collecting societies. To this end, collecting","societies 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","burden on smaller collecting societies 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 societies from having to","organise such a supervisory function."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"28","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-29","justification":" Conflicts of interest need to be disclosed before a manager or executive director takes up his\n or her duties. Consistent with draft opinion from CULT.","location":[[" Proposal for a directive","Recital 14"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:24"},"new":["(14) For reasons of sound management, a","collective management organisation's","senior management must be independent.","Managers and executive directors should","be required to declare before taking up","their duties and thereafter annually to the","collective management organisation","whether there are conflicts between their","interests and those of the organisation."],"old":["(14) For reasons of sound management, a","collecting society's senior management","must be independent. Managers and","executive directors should be required to","declare annually to the collecting society","whether there are conflicts between their","interests and those of the society."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"29","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake, Amelia Andersdotter","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-30","location":[[" Proposal for a directive","Recital 14"]],"meps":[96945,108570],"meta":{"created":"2019-07-03T05:11:24"},"new":["(14) For reasons of sound management, a","collecting society's senior management","must be independent. Managers and","executive directors should be required to","declare, prior to and yearly after taking","their position as manager or executive","director, whether there are conflicts","between their interests and those of the","collecting society."],"old":["(14) For reasons of sound management, a","collecting society's senior management","must be independent. Managers and","executive directors should be required to","declare annually to the collecting society","whether there are conflicts between their","interests and those of the society.","",""],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"30","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-31","justification":" Consistent with draft opinion from IMCO.","location":[["Proposal for a directive","Recital 15"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:25"},"new":["(15) Collective management organisations","collect, manage and distribute revenue","from the exploitation of the rights entrusted","to them by rightholders. This revenue is","ultimately due to rightholders who may be","members of that society, or another","society. It is therefore important that","collective management organisations","exercise the utmost diligence in collecting,","managing and distributing that revenue.","Accurate distribution is only possible","where collective management","organisations maintain proper records of","membership, licences and use of works and","other subject matter. Where appropriate,","data should also be provided by","rightholders and users and verified by the","collective management organisations.","Amounts collected and due to rightholders","should be managed separately from any","own assets of the collective management","organisation and, if they are invested,","pending their distribution to rightholders,","this should be carried out in accordance","with the investment policy decided by the","collective management organisations'","general meeting. In order to maintain a","high level of protection for the rights of","rightholders and to ensure that any income","which may be derived from exploitation of","their rights accrues for the benefit of","rightholders, the investments made and","held by the collective management","organisation should be managed in","accordance with criteria which would","oblige the collective management","organisation to act prudently, while","allowing the collective management","organisation to decide on the most secure","and efficient investment policy. This","should allow the collective management","organisation to opt for a secure and","profitable asset allocation that prevents","exposure to risk of any rights revenue","invested and which does not unduly","prejudice any rights revenue owed to","rightholders. Moreover, in order to ensure","that the amounts due to rightholders are","appropriately and effectively distributed, it","is necessary to require collective","management organisations to undertake","diligent and good faith reasonable","measures to identify and locate the relevant","rightholders. It is also appropriate to","provide for the approval by members of","collective management organisations of","the rules governing any situation where,","due to the lack of identified or located","rightholders, amounts collected cannot be","distributed."],"old":["(15) Collecting societies collect, manage","and distribute revenue from the","exploitation of the rights entrusted to them","by rightholders. This revenue is ultimately","due to rightholders who may be members","of that society, or another society. It is","therefore important that collecting societies","exercise the utmost diligence in collecting,","managing and distributing that revenue.","Accurate distribution is only possible","where collecting societies maintain proper","records of membership, licences and use of","works and other subject matter. Where","appropriate, data should also be provided","by rightholders and users and verified by","the collecting societies. Amounts collected","and due to rightholders should be managed","separately from any own assets of the","collecting society and, if they are invested,","pending their distribution to rightholders,","this should be carried out in accordance","with the investment policy decided by the","collecting societies' general meeting. In","order to maintain a high level of protection","for the rights of rightholders and to ensure","that any income which may be derived","from exploitation of their rights accrues for","the benefit of rightholders, the investments","made and held by the collecting society","should be managed in accordance with","criteria which would oblige the collecting","society to act prudently, while allowing the","collecting society to decide on the most","secure and efficient investment policy.","","This should allow the colleting society to","opt for an asset allocation that suits the","precise nature and duration of any","exposure to risk of any rights revenue","invested and which does not unduly","prejudice any rights revenue owed to","rightholders. Moreover, in order to ensure","that the amounts due to rightholders are","appropriately and effectively distributed, it","is necessary to require collecting societies","to undertake diligent and good faith","reasonable measures to identify and locate","the relevant rightholders. It is also","appropriate to provide for the approval by","members of collecting societies of the rules","governing any situation where, due to the","lack of identified or located rightholders,","amounts collected cannot be distributed."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"31","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake, Amelia Andersdotter","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-32","location":[[" Proposal for a directive","Recital 15"]],"meps":[96945,108570],"meta":{"created":"2019-07-03T05:11:25"},"new":["(15) Collecting societies collect, manage","and distribute revenue from the","exploitation of the rights entrusted to them","by rightholders. This revenue is ultimately","due to rightholders who may be members","of that society, or another society. It is","therefore important that collecting societies","exercise the utmost diligence in collecting,","managing and distributing that revenue.","Accurate distribution is only possible","where collecting societies maintain proper","and transparent records of membership,","licences and use of works and other subject","matter. Where appropriate, data should also","be provided by rightholders and users and","verified by the collecting societies.","Amounts collected and due to rightholders","should be managed separately from any","own assets of the collecting society and, if","they are invested, pending their distribution","to rightholders, this should be carried out","in accordance with the investment policy","decided by the collecting societies' general","meeting. In order to maintain a high level","of protection for the rights of rightholders","and to ensure that any income which may","be derived from exploitation of their rights","accrues for the benefit of rightholders, the","investments made and held by the","collecting society should be managed in","accordance with criteria which would","oblige the collecting society to act","prudently, while allowing the collecting","society to decide on the most secure and","efficient investment policy. This should","allow the colleting society to opt for a","secure and profitable asset allocation that","prevents exposure to risk of any rights","revenue invested and which does not","unduly prejudice any rights revenue owed","to rightholders. Moreover, in order to","ensure that the amounts due to rightholders","are appropriately and effectively","distributed, it is necessary to require","collecting societies to undertake diligent","and good faith reasonable measures to","identify and locate the relevant","rightholders. It is also appropriate to","provide for the approval by members of","collecting societies of the rules governing","any situation where, due to the lack of","identified or located rightholders, amounts","collected cannot be distributed."],"old":["(15) Collecting societies collect, manage","and distribute revenue from the","exploitation of the rights entrusted to them","by rightholders. This revenue is ultimately","","due to rightholders who may be members","of that society, or another society. It is","therefore important that collecting societies","exercise the utmost diligence in collecting,","managing and distributing that revenue.","Accurate distribution is only possible","where collecting societies maintain proper","records of membership, licences and use of","works and other subject matter. Where","appropriate, data should also be provided","by rightholders and users and verified by","the collecting societies. Amounts collected","and due to rightholders should be managed","separately from any own assets of the","collecting society and, if they are invested,","pending their distribution to rightholders,","this should be carried out in accordance","with the investment policy decided by the","collecting societies' general meeting. In","order to maintain a high level of protection","for the rights of rightholders and to ensure","that any income which may be derived","from exploitation of their rights accrues for","the benefit of rightholders, the investments","made and held by the collecting society","should be managed in accordance with","criteria which would oblige the collecting","society to act prudently, while allowing the","collecting society to decide on the most","secure and efficient investment policy.","This should allow the colleting society to","opt for an asset allocation that suits the","precise nature and duration of any","exposure to risk of any rights revenue","invested and which does not unduly","prejudice any rights revenue owed to","rightholders. Moreover, in order to ensure","that the amounts due to rightholders are","appropriately and effectively distributed, it","is necessary to require collecting societies","to undertake diligent and good faith","reasonable measures to identify and locate","the relevant rightholders. It is also","appropriate to provide for the approval by","members of collecting societies of the rules","governing any situation where, due to the","lack of identified or located rightholders,","","amounts collected cannot be distributed."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"32","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-33","justification":" Should reflect ECJ case law as per \"C-52/07 Kanal 5 and TV4 vs STIM\". As monopoly\n providers, collective management organisations face weak incentives not to overcharge.","location":[[" Proposal for a directive","Recital 18"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:25"},"new":["(18) Fair commercial terms in licensing are","particularly important to ensure that users","can license the works and other protected","subject-matter for which a collecting","society represents rights and to ensure the","remuneration of rightholders. Collecting","societies and users should therefore","conduct licensing negotiations in good","faith and apply tariffs determined on the","basis of objective and non-discriminatory","criteria. Tariffs should be reasonable in","relation to the economic value of the use","of the rights in trade."],"old":["(18) Fair commercial terms in licensing are","particularly important to ensure that users","can license the works and other protected","subject-matter for which a collecting","society represents rights and to ensure the","remuneration of rightholders. Collecting","societies and users should therefore","conduct licensing negotiations in good","faith and apply tariffs determined on the","basis of objective criteria."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"33","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake, Amelia Andersdotter","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-34","location":[[" Proposal for a directive","Recital 18"]],"meps":[96945,108570],"meta":{"created":"2019-07-03T05:11:25"},"new":["(18) Fair commercial terms in licensing are","particularly important to ensure that users","can license the works and other protected","subject-matter for which a collecting","society represents rights and to ensure the","remuneration of rightholders. Collecting","societies and users should therefore","conduct licensing negotiations in good","faith and apply tariffs determined on the","basis of objective and non-discriminatory","criteria."],"old":["(18) Fair commercial terms in licensing are","particularly important to ensure that users","","","can license the works and other protected","subject-matter for which a collecting","society represents rights and to ensure the","remuneration of rightholders. Collecting","societies and users should therefore","conduct licensing negotiations in good","faith and apply tariffs determined on the","basis of objective criteria."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"34","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-35","justification":"The double-invoicing of copyright users is a recurring and widespread problem. According to\nthe Commission Impact Assessment, as much as 10-30% of royalties invoiced to users may be\naffected by double invoicing (COM (2012) 372). Consistent with draft opinion from IMCO.","location":[["Proposal for a directive","Recital 18 a (new)"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:25"},"new":["(18a) To enhance transparency and","prevent situations where users receive","more than one invoice for the same rights","in the same works, collective management","organisations should be required to","cooperate closely among themselves. This","cooperation should include pooling of","information on licences and use of works","in a common database, coordinated and","joint invoicing and collection of rights","revenues."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"35","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-36","justification":" Excluding small collective management organisations from reporting obligations goes\n counter to the purpose of the directive. Additionally, this recital should be consistent with\n revisions to articles 8.3 and 20.5. Consistent with draft opinion from IMCO.","location":[[" Proposal for a directive","Recital 20"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:25"},"new":["(20) To ensure that rightholders are in a","position to monitor the performance of","their collecting societies and compare their","respective performance, collecting","societies should make public an annual","transparency report comprising comparable","audited financial information specific to","the activities of collecting societies.","Collecting societies should also make","public an annual special report on the use","of amounts dedicated to social, cultural and","educational services."],"old":["(20) To ensure that rightholders are in a","position to monitor the performance of","their collecting societies and compare their","respective performance, collecting","societies should make public an annual","transparency report comprising comparable","audited financial information specific to","the activities of collecting societies.","Collecting societies should also make","public an annual special report on the use","of amounts dedicated to social, cultural and","educational services. To avoid imposing","excessive burden on smaller collecting","societies 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 societies from certain","transparency obligations."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"36","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake, Amelia Andersdotter","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-37","location":[[" Proposal for a directive","Recital 20"]],"meps":[96945,108570],"meta":{"created":"2019-07-03T05:11:25"},"new":["(20) To ensure that rightholders are in a","position to monitor the performance of","their collecting societies and compare their","respective performance, collecting","societies should make public an annual","transparency report comprising comparable","audited financial information specific to","the activities of collecting societies.","Collecting societies should also make","public an annual special report on the use","of amounts dedicated to social, cultural and","educational services."],"old":["(20) To ensure that rightholders are in a","position to monitor the performance of","their collecting societies and compare their","respective performance, collecting","","","societies should make public an annual","transparency report comprising comparable","audited financial information specific to","the activities of collecting societies.","Collecting societies should also make","public an annual special report on the use","of amounts dedicated to social, cultural and","educational services. To avoid imposing","excessive burden on smaller collecting","societies 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 societies from certain","transparency obligations."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"37","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-38","justification":" The effectiveness of collective management organisations depend on the control of anti-\n competitive effects. Improved language. Consistency with draft opinion from IMCO.","location":[["Proposal for a directive","Recital 24"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:25"},"new":["(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 societies, 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 societies of multi-","territorial collective licensing of authors'","online rights in musical works. These","provisions should ensure the necessary","minimum quality of the cross-border","services provided by collecting societies,","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","society to request another collecting","society 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, without abusing its market power.","The development of legal online music","services across the Union should also","contribute to a decrease in unauthorized","copying of music."],"old":["(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 societies, 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 societies of multi-","territorial collective licensing of authors'","online rights in musical works. These","provisions should ensure the necessary","minimum quality of the cross-border","services provided by collecting societies,","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","society to request another collecting","society 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."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"38","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-39","location":[[" Proposal for a directive","Recital 24"]],"meps":[96945],"meta":{"created":"2019-07-03T05:11:25"},"new":["(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 societies, 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 societies of multi-","territorial collective licensing of authors'","online rights in musical works. These","provisions should ensure the necessary","minimum quality of the cross-border","services provided by collecting societies,","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","society to request another collecting","society 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 will","provide an alternative for the illegal offer","of music online."],"old":["(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 societies, 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 societies of multi-","territorial collective licensing of authors'","online rights in musical works. These","","provisions should ensure the necessary","minimum quality of the cross-border","services provided by collecting societies,","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","society to request another collecting","society 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."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"39","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake, Amelia Andersdotter","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-40","location":[["Proposal for a directive","Recital 25"]],"meps":[96945,108570],"meta":{"created":"2019-07-03T05:11:25"},"new":["(25) The availability of accurate and","comprehensive information on the musical","works, rightholders and the rights that each","collecting society is authorised to represent","in a given Member State is of particular","importance for an effective and transparent","licensing process, for the subsequent","monitoring of the use of licensed rights and","the related invoicing of service providers","as well as for the distribution of amounts","due to rightholders. For this reason,","collecting societies granting multi-","territorial licences for musical works","should be able to process such detailed data","quickly and accurately. This requires the","use of continually updated databases on","ownership of rights that are licensed on a","multi-territorial basis, containing data that","allow for the identification of works,","rights, rightholders and Member States","which a collecting society is authorised to","represent. These databases should also help","to match information on works with","information on phonograms or any other","fixation in which the work has been","incorporated. It is also important to ensure","that users, consumers, prospective","licensees and rightholders have access to","the information they need to identify the","repertoire that those collecting societies are","representing, without prejudice to any","measure these societies may be entitled to","take to protect the accuracy and integrity of","the data, to control its reuse and to protect","personal data and commercially sensitive","information."],"old":["(25) The availability of accurate and","comprehensive information on the musical","works, rightholders and the rights that each","collecting society is authorised to represent","in a given Member State is of particular","importance for an effective and transparent","licensing process, for the subsequent","monitoring of the use of licensed rights and","the related invoicing of service providers","as well as for the distribution of amounts","due to rightholders. For this reason,","","collecting societies granting multi-","territorial licences for musical works","should be able to process such detailed data","quickly and accurately. This requires the","use of continually updated databases on","ownership of rights that are licensed on a","multi-territorial basis, containing data that","allow for the identification of works,","rights, rightholders and Member States","which a collecting society is authorised to","represent. These databases should also help","to match information on works with","information on phonograms or any other","fixation in which the work has been","incorporated. It is also important to ensure","that prospective licensees and rightholders","have access to the information they need to","identify the repertoire that those collecting","societies are representing, without","prejudice to any measure these societies","may be entitled to take to protect the","accuracy and integrity of the data, to","control its reuse and to protect personal","data and commercially sensitive","information."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"40","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake, Amelia Andersdotter","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-41","location":[[" Proposal for a directive","Recital 26"]],"meps":[96945,108570],"meta":{"created":"2019-07-03T05:11:25"},"new":["(26) To ensure that the data on the music","repertoire they process is as accurate as","possible, collecting societies granting","multi-territorial licences of musical works","should be required to update their","databases continuously and without delay.","They should establish easily accessible","procedures to enable rightholders, other","collecting societies whose repertoire they","may represent, users and consumers to","inform them about any inaccuracy that the","collecting societies databases may contain","in respect of works they own or control,","including rights \u2013 in whole or in part \u2013 and","Member States for which they have","mandated the relevant collecting society to","act. They should also have the capacity to","process electronically the registration of","works and authorisations to manage rights.","Given the importance of information","automation for the fast and effective","processing of data, collecting societies","should provide for the use of electronic","means for the structured communication of","that information by rightholders. Collecting","societies should, as far as possible, ensure","that such electronic means take into","account the relevant industry standards or","practices developed at international level or","at the level of the Union."],"old":["(26) To ensure that the data on the music","repertoire they process is as accurate as","possible, collecting societies granting","multi-territorial licences of musical works","should be required to update their","databases continuously and without delay.","They should establish easily accessible","procedures to enable rightholders and other","collecting societies whose repertoire they","may represent to inform them about any","","inaccuracy that the collecting societies","databases may contain in respect of works","they own or control, including rights \u2013 in","whole or in part \u2013 and Member States for","which they have mandated the relevant","collecting society to act. They should also","have the capacity to process electronically","the registration of works and authorisations","to manage rights. Given the importance of","information automation for the fast and","effective processing of data, collecting","societies should provide for the use of","electronic means for the structured","communication of that information by","rightholders. Collecting societies should, as","far as possible, ensure that such electronic","means take into account the relevant","industry standards or practices developed","at international level or at the level of the","Union."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"41","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-42","justification":" High transaction costs, such as complicated and multiple invoices, are a major impediment in\n the European copyright licensing market. Consistent with draft opinion from IMCO.","location":[["Proposal for a directive","Recital 27"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:25"},"new":["(27) Digital technology allows the","automated monitoring by collecting","societies of the use by the licensee of the","licensed musical works and facilitates","invoicing. Industry standards for music","usage, sales reporting and invoicing are","instrumental to improve the efficiency in","the exchange of data between collecting","societies and users. The monitoring of the","use of licences should respect fundamental","rights, namely the right to respect of","private and family life and data protection.","To ensure that these efficiency gains result","in faster financial processing and","ultimately in earlier payments to","rightholders, collecting societies should be","required to establish cooperation","procedure among themselves so as to","ensure that each user receives a single","joint invoice and to distribute amounts due","to rightholders without delay. For this","requirement to be effective, it is necessary","that licensees make every effort to provide","collecting societies with accurate and","timely reports on the use of the works.","Collecting societies should not be required","to accept users' reports in proprietary","formats when widely used industry","standards are available."],"old":["(27) Digital technology allows the","automated monitoring by collecting","societies of the use by the licensee of the","licensed musical works and facilitates","invoicing. Industry standards for music","usage, sales reporting and invoicing are","instrumental to improve the efficiency in","the exchange of data between collecting","societies and users. The monitoring of the","use of licences should respect fundamental","rights, namely the right to respect of","private and family life and data protection.","To ensure that these efficiency gains result","in faster financial processing and","ultimately in earlier payments to","","rightholders, collecting societies should be","required to invoice service providers and to","distribute amounts due to rightholders","without delay. For this requirement to be","effective, it is necessary that licensees","make every effort to provide collecting","societies with accurate and timely reports","on the use of the works. Collecting","societies should not be required to accept","users' reports in proprietary formats when","widely used industry standards are","available."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"42","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake, Amelia Andersdotter","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-43","location":[[" Proposal for a directive","Recital 29"]],"meps":[96945,108570],"meta":{"created":"2019-07-03T05:11:26"},"new":["(29) Aggregating of different music","repertoires for multi-territorial licensing","facilitates the licensing process and, by","making all repertoires accessible to the","market for multi-territorial licensing,","enhances cultural diversity and contributes","to reducing the number of transactions an","online service provider needs in order to","offer that service. That aggregation of","repertoires should facilitate the","development of new online services, and","should also result in a reduction of","transaction costs that are passed on to","consumers. Therefore, collecting societies","that are not willing to or are not able to","grant multi-territorial licences directly in","their own music repertoire should mandate","other collecting societies voluntarily with","the task of managing their repertoire under","non-discriminatory terms. Where the","request to mandate takes place, the","requested collecting society should be","required to accept, provided that it","aggregates repertoire and offers or grants","multi-territorial licences. In addition,","exclusivity in agreements on multi-","territorial licenses would restrict the","choices available to users seeking multi-","territorial licenses and also restrict the","choices available to collecting societies","seeking administration services for their","repertoire on a multi-territorial basis.","Therefore, all representation agreements","between collecting societies providing for","multi-territorial licensing should be","concluded on a non-exclusive basis."],"old":["(29) Aggregating of different music","repertoires for multi-territorial licensing","facilitates the licensing process and, by","making all repertoires accessible to the","market for multi-territorial licensing,","enhances cultural diversity and contributes","to reducing the number of transactions an","online service provider needs in order to","offer that service. That aggregation of","repertoires should facilitate the","development of new online services, and","should also result in a reduction of","transaction costs that are passed on to","consumers. Therefore, collecting societies","that are not willing to or are not able to","","grant multi-territorial licences directly in","their own music repertoire should be","encouraged to mandate other collecting","societies voluntarily with the task of","managing their repertoire under non-","discriminatory terms. Where the request to","mandate takes place, the requested","collecting society should be required to","accept, provided that it aggregates","repertoire and offers or grants multi-","territorial licences. In addition, exclusivity","in agreements on multi-territorial licenses","would restrict the choices available to users","seeking multi-territorial licenses and also","restrict the choices available to collecting","societies seeking administration services","for their repertoire on a multi-territorial","basis. Therefore, all representation","agreements between collecting societies","providing for multi-territorial licensing","should be concluded on a non-exclusive","basis."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"43","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-44","justification":" Consistent with draft opinion from CULT.","location":[["Proposal for a directive","Recital 37"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:26"},"new":["(37) Moreover, Member States should","establish appropriate procedures by means","of which it will be possible to make","complaints against collective management","organisations who do not comply with the","law and to ensure that, where appropriate,","effective, proportionate and dissuasive","sanctions or measures are imposed.","Member States should determine which","authorities should be responsible for","administering the complaints procedures","and sanctions. To ensure that the","requirements for multi-territorial licensing","are complied with, specific provisions on","the monitoring of their implementation","should be laid down. The competent","authorities of the Member States and the","European Commission should cooperate","with each other to this end."],"old":["(37) Moreover, Member States should","establish appropriate procedures by means","of which it will be possible to make","complaints against collecting societies who","do not comply with the law and to ensure","that, where appropriate, effective,","proportionate and dissuasive sanctions are","imposed. Member States should determine","which authorities should be responsible for","administering the complaints procedures","and sanctions. To ensure that the","requirements for multi-territorial licensing","are complied with, specific provisions on","","the monitoring of their implementation","should be laid down. The competent","authorities of the Member States and the","European Commission should cooperate","with each other to this end."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"44","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake, Amelia Andersdotter","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-45","location":[[" Proposal for a directive","Recital 37"]],"meps":[96945,108570],"meta":{"created":"2019-07-03T05:11:26"},"new":["(37) Moreover, Member States should","establish appropriate procedures by means","of which it will be possible to make","complaints against collecting societies who","do not comply with the law and to ensure","that, where appropriate, effective,","proportionate and dissuasive measures and","sanctions are imposed. Member States","should determine which authorities should","be responsible for administering the","complaints procedures and sanctions. To","ensure that the requirements for multi-","territorial licensing are complied with,","specific provisions on the monitoring of","their implementation should be laid down.","The competent authorities of the Member","States and the European Commission","should cooperate with each other to this","end."],"old":["(37) Moreover, Member States should","establish appropriate procedures by means","of which it will be possible to make","complaints against collecting societies who","do not comply with the law and to ensure","that, where appropriate, effective,","proportionate and dissuasive sanctions are","imposed. Member States should determine","which authorities should be responsible for","administering the complaints procedures","and sanctions. To ensure that the","requirements for multi-territorial licensing","are complied with, specific provisions on","the monitoring of their implementation","should be laid down. The competent","authorities of the Member States and the","European Commission should cooperate","with each other to this end."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"45","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake, Amelia Andersdotter","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-46","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1"]],"meps":[96945,108570],"meta":{"created":"2019-07-03T05:11:26"},"new":["This Directive lays down requirements","necessary to ensure the proper, efficient,","accurate, accountable and transparent","functioning of the management of","copyright and related rights by collecting","societies. It also lays down requirements","for multi-territorial licensing by collecting","societies of authors' rights in musical","works for online use."],"old":["This Directive lays down requirements","necessary to ensure the proper functioning","of the management of copyright and","related rights by collecting societies. It also","lays down requirements for multi-territorial","licensing by collecting societies of authors'","rights in musical works for online use."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"46","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Helmut Scholz","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-47","location":[["Proposal for a directive","Article 2 \u2013 paragraph 1"]],"meps":[96646],"meta":{"created":"2019-07-03T05:11:26"},"new":["Title I, Articles 13, 14, 15 to 19, 24(2), 31","and Title IV with the exception of Articles","36 and 40 shall also apply, for their","operations carried out in the Union, and","with regard to rightholders residing in or","established in the Union, to collecting","societies established outside the Union."],"old":["Titles I, II and IV with the exception of","Articles 36 and 40 shall apply to all","collecting societies established in the","Union."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"47","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Helmut Scholz","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-48","location":[["Proposal for a directive","Article 2 \u2013 paragraph 2"]],"meps":[96646],"meta":{"created":"2019-07-03T05:11:26"},"new":["Title I, Articles 10, 11(1), 12, 15, 16 to 20,","Title III and Articles 34, 35, 37 and 38","shall also apply, for their operations","carried out in the Union and with regard","to rightholders residing in or established","in the Union, to independent rights","management service providers established","inside or outside the Union who act as","agents for rightholders for the collective","management of their rights and operate in","the Union on a commercial basis."],"old":["Title III and Articles 36 and 40 of Title IV","shall only apply to those collecting","societies managing authors' rights in","musical works for online use on a multi-","territorial basis."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"48","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Helmut Scholz","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-49","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 2 a (new)"]],"meps":[96646],"meta":{"created":"2019-07-03T05:11:26"},"new":["Titles I and II, as well as Articles 34, 35","and 37 to 39 shall also apply to entities","directly or indirectly owned or controlled,","in whole or in part, by one or more","collecting societies provided that these","entities carry out activity which, if carried","out by a collecting society, would be","subject to these provisions"],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"49","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Helmut Scholz","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-50","location":[[" Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point a"]],"meps":[96646],"meta":{"created":"2019-07-03T05:11:26"},"new":["(a) \u2018collecting society\u2019 means any","organisation which is authorised by law or","by way of assignment, licence or any other","contractual arrangement, by more than one","rightholder, to manage copyright or rights","related to copyright as its sole or main","purpose and which is owned or controlled","by its members or owned in whole or in","part, by one or more collecting societies","provided that these entities manage","copyright or related rights;"],"old":["(a) \u2018collecting society\u2019 means any","organisation which is authorised by law or","by way of assignment, licence or any other","contractual arrangement, by more than one","rightholder, to manage copyright or rights","related to copyright as its sole or main","purpose and which is owned or controlled","by its members;"],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"50","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-51","justification":"In order to establish a level playing field within the framework of rights management,\npublishers and record companies - who also manage rightsholders rights - should be subject\nto a minimum set of transparency rules. Consistent with draft opinion from CULT.","location":[["Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point a a (new)"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:26"},"new":["(aa) \u2018commercial operator\u2019 means any","entity which is authorised by way of any","contractual arrangement to manage","copyright or rights related to copyright on","behalf of rightholders on a commercial","basis;"],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"51","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-52","justification":" Clarification needed in relation to the variety of legal forms of collective management\n organisations within different member states. Consistent with draft opinion from CULT.","location":[[" Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point c"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:26"},"new":["(c) \u2018member\u2019 means a rightholder or an","entity directly representing rightholders,","including other collective management","organisations and associations of","rightholders, fulfilling the membership","requirements of the collective management","organisation, regardless of its legal form;"],"old":["(c) \u2018member of a collecting society\u2019 means","a rightholder or an entity directly","representing rightholders, including other","collecting societies and associations of","rightholders, fulfilling the membership","requirements of the collecting society;"],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"52","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-53","justification":" Art. 10 mentions that investment income should be kept separate from the collective\n management organisation's own funds, but not that it should actually be paid out to the\n rightholders. Consistency with draft opinion from CULT.","location":[[" Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point f"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:26"},"new":["(f) \u2018rights revenue\u2019 means income collected","by a collective management organisation","on behalf of its members, whether from an","exclusive right or a right to remuneration","and including any income derived from","the investments of rights revenue;"],"old":["(f) \u2018rights revenue\u2019 means income collected","by a collecting society on behalf of","rightholders, whether from an exclusive","right, a right to remuneration or a right to","compensation;"],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"53","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake, Amelia Andersdotter","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-54","location":[["Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point f"]],"meps":[96945,108570],"meta":{"created":"2019-07-03T05:11:26"},"new":["(f) \u2018rights revenue\u2019 means income collected","by a collecting society on behalf of","rightholders, whether from an exclusive","right, a right to remuneration or a right to","compensation, as well as any financial","revenue, such as interest."],"old":["(f) \u2018rights revenue\u2019 means income collected","by a collecting society on behalf of","rightholders, whether from an exclusive","right, a right to remuneration or a right to","compensation;"],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"54","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-55","justification":"Rightholders should retain the right to freely decide over the rights to their own works. In\nother countries, for instance in the United States, rightholders have the right to manage\nindividual works within their collective management organisation. Consistent with draft\nopinion from CULT.","location":[["Proposal for a directive","Article 5 \u2013 paragraph 2"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:26"},"new":["2. Rightholders shall have the right to","authorise a collective management","organisation of their choice to manage the","rights, categories of rights, works 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 collective","management organisation or the","rightholder."],"old":["2. Rightholders shall have the right to","authorise a collecting society 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 rightholder."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"55","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-56","justification":" Flexibility should be given to rightholders in the management of their works: rightholders\n should have the right to decide that their works could be used under free licenses, such as\n Creative Commons, without jeopardising their membership in the collective management\n organisation which represents them. Consistent with draft opinion from CULT.","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2 a (new)"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:27"},"new":["2a. Rightholders shall have the right to","grant free licences for use of their works","and rights. In this case, rightholders shall","inform in due time the collective","management organisations authorised to","manage the rights of such works that such","a free license has been granted."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"56","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-57","justification":"Rightholders should retain the right to freely decide over the rights to their own works. In\nother countries, for instance in the United States, rightholders have the right to withdraw\nindividual works from their collective management organisation. Consistent with draft\nopinion from CULT.","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 3"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:27"},"new":["3. Rightholders shall have the right to","terminate the authorisation to manage","rights, categories of rights, works or types","of works and other subject matter granted","to a collective management organisation","or to withdraw from a collective","management organisation any of the","rights or categories of rights, works or","types of works and other subject matter of","their choice, at any time during the term","of the authorisation, for the Member","States of their choice, upon serving","reasonable notice not exceeding six","months. The collective management","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."],"old":["3. Rightholders shall have the right to","terminate the authorisation to manage","rights, categories of rights or types of","works and other subject matter granted to a","collecting society or to withdraw from a","collecting society any of the rights or","categories of 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 society 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."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"57","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-58","justification":"With a number of cases of corruption (Band, J. 2012) or mismanagement of funds in\nEuropean collective management organisations in recent years,(COM (2012) 372) there is a\nneed to facilitate external audits so that real independence and diligence can be assured.\nConsistent with draft opinion from CULT.","location":[["Proposal for a directive","Article 5 \u2013 paragraph 7 a (new)"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:27"},"new":["7a. Without prejudice to Article 20(4),","rightholders shall have the right to","request external independent audits of","their collective management organisation","at any time during the term of the","authorisation."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"58","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-59","justification":" Clarification. Nondiscriminatory criteria. Consistent with draft opinion from IMCO.","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 2"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:27"},"new":["2. Collecting societies shall accept","rightholders, or any other members as","defined in Article 3(c), as members if they","fulfil the membership requirements. They","may only refuse a request for membership","on the basis of objective and","nondiscriminatory criteria. These criteria","shall be included in the statute or the","membership terms of the collecting society","and shall be made publicly available."],"old":["2. Collecting societies shall accept","rightholders as members if they fulfil the","membership requirements. They may only","refuse a request for membership on the","basis of objective criteria. These criteria","shall be included in the statute or the","membership terms of the collecting society","and shall be made publicly available."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"59","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake, Amelia Andersdotter","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-60","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 5"]],"meps":[96945,108570],"meta":{"created":"2019-07-03T05:11:27"},"new":["5. Collecting societies shall keep publicly","accessible records of their members and","their respective rights or works which the","rightholders authorise the collecting","society to manage. The records are","regularly updated so that both members","and their managed rights and works can","be properly identified and located."],"old":["5. Collecting societies shall keep records of","members which are regularly updated so","that members can be properly identified","and located."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"60","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-61","justification":"Clearer language. Consistent with draft opinion from CULT.","location":[["Proposal for a directive","Article 7 \u2013 paragraph 3"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:27"},"new":["3. The statute and the membership terms of","the collective management organisation","as well as any amendments thereof shall","be adopted by the general meeting."],"old":["3. The general meeting shall approve any","amendments to the statute and the","membership terms of the collecting","society, where those terms are not","regulated by the statute."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"61","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-62","justification":"Clarification. Consistent with draft opinion from IMCO.","location":[["Proposal for a directive","Article 7 \u2013 paragraph 4 \u2013 subparagraph 1"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:27"},"new":["The general meeting shall have the power","to decide on the appointment or dismissal","of the directors, monitor their general","performance and approve their","remuneration and other benefits such as","non-monetary benefits, pension awards,","right to other awards and rights to","severance pay."],"old":["The general meeting shall have the power","to decide on the appointment or dismissal","of the directors and approve their","remuneration and other benefits such as","non-monetary benefits, pension awards,","right to other awards and rights to","severance pay."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"62","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-63","justification":" Consistent with proposed changes to article 12(2). Consistent with draft opinion from CULT.","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 5 \u2013 point b"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:27"},"new":["deleted"],"old":["(b) the use of the amounts due to","rightholders which cannot be distributed","as set out in Article 12(2) except where","the general meeting decides to delegate","this decision to the body exercising the","supervisory function;"],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"63","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake, Amelia Andersdotter","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-64","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 5 \u2013 point b"]],"meps":[96945,108570],"meta":{"created":"2019-07-03T05:11:27"},"new":["(b) the allocation of the amounts due to","rightholders which cannot be distributed as","set out in Article 12(2) except where the","general meeting decides to delegate this","decision to the body exercising the","supervisory function;"],"old":["(b) the use of the amounts due to","rightholders which cannot be distributed as","set out in Article 12(2) except where the","general meeting decides to delegate this","decision to the body exercising the","supervisory function;"],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"64","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-65","justification":"With a number of cases of corruption (Band, J. 2012) or mismanagement of funds in\nEuropean collective management organisations in recent years,(COM (2012) 372) there is a\nneed to facilitate external audits so that real independence and diligence can be assured.\nConsistent with draft opinion from CULT.","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 6"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:27"},"new":["6. The general meeting shall control the","activities of the collective 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. If the","financial management practice of the","collective management organisation, is","reasonably in doubt, the general meeting","may decide to conduct an external audit.","The result of such external audit shall be","communicated to all members and to the","public."],"old":["6. The general meeting shall control the","activities of the collecting society by, at","least, deciding on the appointment and","removal of the auditor and approving the","annual transparency report and the auditor's","report."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"65","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-66","justification":" Broad participation and efficient voting should be encouraged. Consistent with draft opinion\n from CULT.","location":[["Proposal for a directive","Article 7 \u2013 paragraph 7 \u2013 subparagraph 1 \u2013 introductory part"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:27"},"new":["Every member of a collective management","organisation shall have the right to vote at","the general meeting, including, where","appropriate, by electronic vote. Any","restriction on the right of a member of the","collective management organisation to","participate and to exercise his or hers","voting rights at the general meeting shall","be fair and proportionate and be based on","the following criteria:"],"old":["Any restriction on the right of the","members of the collecting society to","participate and to exercise voting rights at","the general meeting shall be fair and","proportionate and be based on the","following criteria:"],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"66","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-67","justification":" Conditioning the right to vote on amounts received is undemocratic. Since the income\n distribution of rights holders in collective management organisations is extremely unequal,\n restricting voting power according to amounts received may give rise to unreasonably large\n differences in influence.","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 7 \u2013 subparagraph 1 \u2013 point b"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:27"},"new":["deleted"],"old":["(b) amounts received or due to a member","in relation to the specified financial","period."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"67","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-68","justification":"To avoid that music publishers and/or record companies make it a standard practice to\ndemand a permanent proxy from new artists that they sign a contract with, which over time\nwould allow them to take control of the collecting societies. Consistent with draft opinion\nfrom CULT.","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 8"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:28"},"new":["8. Every member of a collective","management organisation shall have the","right to appoint any other natural or legal","person as a proxy holder to attend and vote","at the general meeting in his name. To be","valid, the proxy shall have been given by","the member to the proxy holder no more","than three months before its use."],"old":["8. Every member of a collecting society","shall have the right to appoint any other","natural or legal person as a proxy holder to","attend and vote at the general meeting in","his name.",""],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"68","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-69","justification":"Consistent with draft opinion from CULT.","location":[["Proposal for a directive","Article 8 \u2013 paragraph 1"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:28"},"new":["1. Member States shall ensure that the","collective management organisation","establishes a supervisory function","responsible for continuously monitoring","the activities and the performance of the","duties of the persons entrusted with","managerial responsibilities in that","organisation. There shall be fair and","balanced representation of the different","categories of members of the collective","management organisation in the body","exercising this function in order to ensure","their effective participation."],"old":["1. Member States shall ensure that the","collecting society establishes a supervisory","function responsible for continuously","monitoring the activities and the","performance of the duties of the persons","entrusted with managerial responsibilities","in the collecting society. There shall be fair","and balanced representation of the","members of the collecting society in the","body exercising this function in order to","ensure their effective participation."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"69","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-70","justification":" A requirement to meet \"regularly\" is too vague and should therefore be defined more clearly.","location":[[" Proposal for a directive","Article 8 \u2013 paragraph 2 \u2013 introductory part"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:28"},"new":["2. The body entrusted with the supervisory","function shall meet no less than every","three months and shall have at least the","following powers:"],"old":["2. The body entrusted with the supervisory","function shall meet regularly and shall","have at least the following powers:"],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"70","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-71","justification":" Clarification. Consistent with draft opinion from IMCO.","location":[[" Proposal for a directive","Article 8 \u2013 paragraph 2 a (new)"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:28"},"new":["2a. The body entrusted with the","supervisory function shall report on the","exercise of its responsibilities to the","general meeting provided for in Article 7."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"71","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-72","justification":"Excluding small collective management organisations from any kind of supervisory function\ngoes counter to the purpose of the directive. Even small companies and organizations\ntypically require a board. Consistent with draft opinions from CULT and IMCO.","location":[[" Proposal for a directive","Article 8 \u2013 paragraph 3"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:28"},"new":["deleted"],"old":["3. Member States may decide that","paragraphs 1 and 2 shall not apply to a","collecting society which on its balance","sheet date does not exceed the limits of","two of the three following criteria:","(a) balance sheet total: EUR 350 000;","(b) net turnover: EUR 700 000;","(c) average number of employees during","the financial year: ten."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"72","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake, Amelia Andersdotter","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-73","location":[["Proposal for a directive","Article 8 \u2013 paragraph 3"]],"meps":[96945,108570],"meta":{"created":"2019-07-03T05:11:28"},"new":["deleted"],"old":["3. Member States may decide that","paragraphs 1 and 2 shall not apply to a","collecting society which on its balance","sheet date does not exceed the limits of","two of the three following criteria:","(a) balance sheet total: EUR 350 000;","(b) net turnover: EUR 700 000;","(c) average number of employees during","the financial year: ten."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"73","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-74","justification":" Conflicts of interest needs to be disclosed before a manager or director takes up his or her\n duties. Consistent with recital 14. Consistency with draft opinion from CULT.","location":[[" Proposal for a directive","Article 9 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 introductory part"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:28"},"new":["Those procedures shall include an","individual statement by each of those","persons and directors, to the body entrusted","with the supervisory function, to the","members and publicly accessible through","the website of the collective management","organisation. The statement should be","made before each of those persons take up","their duties and should thereafter be","renewed annually. The statement should","contain the following information:"],"old":["Those procedures shall include an annual","individual statement by each of those","persons and directors, to the body entrusted","with the supervisory function, containing","the following information:"],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"74","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-75","justification":"Harmonise with articles 12.1 and 14.2 which says payments must be made accurately. If\npayments must be accurate it stands to reason that the collection and management should\nalso have to be. Additionally, collective management organisations should only collect on\nbehalf of actual members and rightholders whose rights they manage under a representation\nagreement. Consistency with draft opinion from CULT.","location":[[" Proposal for a directive","Article 10 \u2013 paragraph 1"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:28"},"new":["1. Collective management organisations","shall be diligent, accurate and transparent","in the collection and the management of","rights revenue. Except in member states","with systems of extended collective","licensing, a collective management","organization shall ensure that it only","collects rights revenue on behalf of","rightholders whose rights it is authorised","to represent."],"old":["1. Collecting societies shall be diligent in","the collection and the management of","rights revenue."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"75","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-76","justification":"Clarification. Consistent with draft opinion from IMCO.","location":[["Proposal for a directive","Article 10 \u2013 paragraph 3"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:28"},"new":["3. The collecting society shall not be","allowed to use rights revenue and any","income derived from its investment for its","own account, save that it may deduct its","management fees according to the rules","referred to in Article 7(5)(d)."],"old":["3. The collecting society shall not be","allowed to use rights revenue and any","income derived from its investment for its","own account, save that it may deduct its","management fees."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"76","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake, Amelia Andersdotter","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-77","location":[["Proposal for a directive","Article 10 \u2013 paragraph 4 \u2013 point a"]],"meps":[96945,108570],"meta":{"created":"2019-07-03T05:11:29"},"new":["(a) the assets shall be invested in the best","interests of rightholders; where there is","any potential conflict of interest, the","collecting society shall ensure that the","investment is made in the sole interest of","rightholders;"],"old":["(a) the assets shall be invested in the best","interests of members; where there is any","potential conflict of interest, the collecting","society shall ensure that the investment is","","made in the sole interest of members;"],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"77","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-78","justification":" Artists see it as a big problem that many collective management organisations are so slow in\n paying the money they owe. The draft directive proposes that the organisations should be\n allowed to keep the money for up to two years. This is hardly reasonable. Collective\n management organisations that currently do not meet higher targets need incentives to\n improve the efficiency of their administrative routines.","location":[[" Proposal for a directive","Article 12 \u2013 paragraph 1"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:29"},"new":["1. Member States shall ensure that the","collective management organisations","regularly and diligently distributes and","pays amounts due to all rightholders it","represents. The collective management","organisation shall carry out such","distribution and payments without undue","delay and no later than three months after","the rights revenue was collected, unless","objective reasons related in particular to","reporting by users, the identification of","rights, rightholders or to the matching of","information on works and other subject","matter with rightholders prevent the","collective management organisation from","respecting this deadline. The collective","management organisation shall carry out","such distribution and payments accurately,","ensuring equal treatment of all categories","of rightholders."],"old":["1. Member States shall ensure that the","collecting society regularly and diligently","distributes and pays amounts due to all","rightholders it represents. The collecting","society shall carry out such distribution and","payments no later than 12 months from the","end of the financial year in which the","rights revenue was collected, unless","objective reasons related in particular to","reporting by users, the identification of","rights, rightholders or to the matching of","information on works and other subject","matter with rightholders prevent the","collecting society from respecting this","deadline. The collecting society shall carry","out such distribution and payments","accurately, ensuring equal treatment of all","categories of rightholders."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"78","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake, Amelia Andersdotter","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-79","location":[["Proposal for a directive","Article 12 \u2013 paragraph 1"]],"meps":[96945,108570],"meta":{"created":"2019-07-03T05:11:29"},"new":["1. Member States shall ensure that the","collecting society regularly and diligently","distributes and pays amounts due to all","rightholders it represents. Such","distributions and payments shall be","carried out by the collecting society","without undue delay and no later than 3","months from the collection of the rights","revenue, unless objective reasons related in","particular to reporting by users, the","identification of rights, rightholders or to","the matching of information on works and","other subject matter with rightholders","prevent the collecting society from","respecting this deadline. The collecting","society shall carry out such distribution and","payments accurately, ensuring equal","treatment of all categories of rightholders."],"old":["1. Member States shall ensure that the","collecting society regularly and diligently","distributes and pays amounts due to all","rightholders it represents. The collecting","society shall carry out such distribution","and payments no later than 12 months","from the end of the financial year in","which the rights revenue was collected,","unless objective reasons related in","particular to reporting by users, the","identification of rights, rightholders or to","the matching of information on works and","other subject matter with rightholders","prevent the collecting society from","respecting this deadline. The collecting","society shall carry out such distribution and","payments accurately, ensuring equal","treatment of all categories of rightholders."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"79","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-80","justification":" Allowing the collective management organisation to keep the money will provide an incentive\n for the collective management organisation not to perform a true diligent search for the real\n rightholders. A fund managed by the Member State may also be beneficial in promoting\n cultural diversity. Additionally, the suggested five years is a long period of time \u2013 it is very\n unlikely that a missing rights holder will be found after year three or four. Consistency with\n draft opinions from CULT and IMCO.","location":[["Proposal for a directive","Article 12 \u2013 paragraph 2"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:29"},"new":["2. Where the amounts due to rightholders","cannot be distributed, after three years","from the end of the financial year in which","the collection of the rights revenue","occurred, because the collective","management organisation failed to","identify and locate the rightholders, the","money shall be paid to a fund set up and","managed for this purpose by the Member","State in which the money is collected. The","fund is thereafter responsible for any","claims from reappearing rightholders."],"old":["2. Where the amounts due to rightholders","cannot be distributed, after five years from","the end of the financial year in which the","collection of the rights revenue occurred,","and provided that the collecting society","has taken all necessary measures to","identify and locate the rightholders, the","collecting society shall decide 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 society."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"80","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake, Amelia Andersdotter","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-81","location":[[" Proposal for a directive","Article 12 \u2013 paragraph 2"]],"meps":[96945,108570],"meta":{"created":"2019-07-03T05:11:29"},"new":["2. Where the amounts due to rightholders","cannot be distributed, after three years","from the end of the financial year in which","the collection of the rights revenue","occurred, and provided that the collecting","society has taken all necessary measures to","identify and locate the rightholders, the","collecting society shall decide on the","allocation 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","society."],"old":["2. Where the amounts due to rightholders","cannot be distributed, after five years from","the end of the financial year in which the","collection of the rights revenue occurred,","and provided that the collecting society has","taken all necessary measures to identify","and locate the rightholders, the collecting","society shall decide 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 society."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"81","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-82","justification":"Unless publishing the list of works is specified in terms of time, collective management\norganisations may postpone doing so indefinitely. Consistency with draft opinions from CULT\nand IMCO.","location":[["Proposal for a directive","Article 12 \u2013 paragraph 3"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:29"},"new":["3. For the purposes of paragraph 2, the","collective management organisation shall","put in place effective measures to identify","and locate rightholders while ensuring","appropriate safeguards to deter fraud.","Such measures shall include verifying","membership records and making available","regularly and at least annually to the","members of the collecting society as well","as to the public a list of works and other","subject matter for which one or more","rightholders have not been identified or","located."],"old":["3. For the purposes of paragraph 2,","measures to identify and locate","rightholders shall include verifying","membership records and making available","to the members of the collecting society as","well as to the public a list of works and","other subject matter for which one or more","rightholders have not been identified or","located."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"82","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake, Amelia Andersdotter","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-83","location":[["Proposal for a directive","Article 14 \u2013 paragraph 2"]],"meps":[96945,108570],"meta":{"created":"2019-07-03T05:11:29"},"new":["2. The collecting society shall regularly,","diligently, accurately and without undue","delay distribute and pay amounts due to","other collecting societies."],"old":["2. The collecting society shall regularly,","diligently and accurately distribute and","pay amounts due to other collecting","societies."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"83","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-84","justification":"A cooperation procedure such as this will facilitate simpler invoices and payments for users\nand mitigate problems of high transaction costs and multiple invoicing. Consistent with draft\nopinion from IMCO.","location":[[" Proposal for a directive","Article 15 a (new)"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:29"},"new":["Article 15 a","Reporting and invoicing","1. Collective management organisations","shall establish appropriate","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","collective management organisation","accurately and within the deadline jointly","agreed in relation to that licence.","2. Collective management organisations","shall establish a cooperation procedure","among themselves for the benefit of their","rightholders, members and users. Such a","cooperation procedure shall include at","least pooling of information on the","licences issued and the use of works in a","common database, coordinated and joint","invoicing and collection of rights","revenues.","3. The cooperation procedure referred to","in paragraph 2 shall enable the collective","management organisations to coordinate","the invoicing of the users in such a way","that a single user receives a single joint","invoice in respect of the rights in the","works which have been licensed. The","single invoice shall be transparent and","shall identify the collective management","organisations concerned, the lists of","works and other protected subject-matter","which have been licensed and the","corresponding actual uses. The invoice","should also indicate clearly at least the","proportionate amounts due to","rightholders and the amounts to be used","to cover management fees."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"84","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-85","justification":" Standardized and efficient invoicing will contribute to lower transaction costs. All users need\n to be able to challenge the accuracy of invoices. Consistency with draft opinion from CULT.","location":[["Proposal for a directive","Article 15 b (new)"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:29"},"new":["Article 15 b","Invoicing standards","1. Collective management organisations,","as well as commercial operators, as","defined in point (aa) of Article 3, shall","invoice users by electronic means,","whenever possible. Collective","management organisations and","commercial operators shall offer the use","of a least one format which takes into","account voluntary industry standards or","practices developed at international or","Union level.","2. Collective management organisations","and commercial operators shall invoice","online music service providers accurately","and without delay after the actual use of","the works.","3. Collecting management organisations","and commercial operators shall have","adequate procedures in place for the user","to challenge the accuracy of the invoice,","including when the user receives invoices","from one or more collective management","organisations or commercial operator for","the same rights in the same works."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"85","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-86","justification":" Consistent with draft opinion from IMCO.","location":[[" Proposal for a directive","Article 16 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:29"},"new":["Member States shall ensure that a","collecting society makes available at least","once a year, by electronic means and","where appropriate on a more regular","basis through individual on-line accounts,","the following information to each","rightholder it represents directly:"],"old":["Member States shall ensure that a","collecting society makes available at least","once a year, by electronic means, the","following information to each rightholder it","represents:"],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"86","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake, Amelia Andersdotter","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-87","location":[[" Proposal for a directive","Article 16 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[96945,108570],"meta":{"created":"2019-07-03T05:11:29"},"new":["Member States shall ensure that a","collecting society makes available on a","rolling basis or at least once a year, by","electronic means, the following","information to each rightholder it","represents:"],"old":["Member States shall ensure that a","collecting society makes available at least","once a year, by electronic means, the","following information to each rightholder it","represents:"],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"87","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-88","justification":"As managers of rights for individual rightsholders, commercial operators should be subject to\na minimum set of transparency rules. 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Consistent with draft opinion from CULT.","location":[["Proposal for a directive","Article 16 \u2013 paragraph 1 \u2013 point c"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:30"},"new":["(c) the amounts due to the rightholder per","category of rights managed, and per type","of use, and per work paid by the collective","management organisation to the","rightholder in the period concerned;"],"old":["(c) the amounts due to the rightholder per","category of rights managed, and type of","use, paid by the collecting society to the","rightholder in the period concerned;"],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"89","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake, Amelia Andersdotter","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-90","location":[[" Proposal for a directive","Article 17 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[96945,108570],"meta":{"created":"2019-07-03T05:11:30"},"new":["Member States shall ensure that a","collecting society makes the following","information available, on a rolling basis or","at least once a year, by electronic means, to","the collecting society on whose behalf it","manages rights under a representation","agreement for a particular period:"],"old":["Member States shall ensure that a","collecting society makes the following","information available, at least once a year","by electronic means, to the collecting","society on whose behalf it manages rights","under a representation agreement for a","particular period:"],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"90","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-91","justification":" Strengthens the transparency obligation. 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It should not be\nlimited to provision on request. Consistent with draft opinions from CULT and ITRE.","location":[["Proposal for a directive","Article 18 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:30"},"new":["1. Member States shall ensure that a","collective management organisation","makes the following information available","to any rightholder whose rights it","represents, to any collective management","organisation on whose behalf it manages","rights under a representation agreement or","to any user, by electronic means, without","undue delay:"],"old":["1. 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Member States shall ensure that a","collecting society makes public the","following information:"],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"99","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-100","justification":" Transparency in pricing and terms will improve the functioning of the licensing market.\n Consistent with draft opinion from CULT.","location":[[" Proposal for a directive","Article 19 \u2013 paragraph 1 \u2013 point a a (new)"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:30"},"new":["(aa) standard licensing contracts and","applicable tariffs;"],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"100","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-101","justification":"Strengthens the transparency obligation. 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The collecting society shall offer online","music service providers the possibility of","reporting the actual use of online rights in","musical works by electronic means. The","collecting society shall offer the use of a","least one method of reporting which takes","into account voluntary industry standards","or practices developed at international or","Union level for the electronic exchange of","such data. The collecting society may","refuse to accept reporting by the user in a","proprietary format if the society allows for","reporting using an industry standard for the","electronic exchange of data."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"110","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-111","justification":" As per amendments to recital 18, 27 and article 15a. Consistent with draft opinion from\n IMCO.","location":[["Proposal for a directive","Article 25 \u2013 paragraph 4 a (new)"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:31"},"new":["4a. For the purposes of paragraphs 3 and","4, the collecting society shall establish a","cooperation procedure with other","collecting societies to ensure that the","online music service provider is issued a","single joint invoice as provided for in","Article 15a."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"111","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-112","location":[[" Proposal for a directive","Article 25 \u2013 paragraph 5"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:31"},"new":["5. The collecting society shall have","adequate procedures in place for the online","music service provider to challenge the","accuracy of the invoice, including when the","online music service provider receives","more than one invoice for the same online","rights in the same musical work."],"old":["5. The collecting society shall have","adequate procedures in place for the online","music service provider to challenge the","accuracy of the invoice, including when the","online music service provider receives","invoices from one or more collecting","societies for the same online rights in the","same musical work."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"112","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-113","location":[[" Proposal for a directive","Article 29 \u2013 paragraph 2 \u2013 subparagraph 1"]],"meps":[96945],"meta":{"created":"2019-07-03T05:11:31"},"new":["The requested collecting society shall","accept such a request within a reasonable","time if it is already granting or offering to","grant multi-territorial licences for the same","category of online rights in musical works","in the repertoire of one or more other","collecting societies."],"old":["The requested collecting society shall","accept such a request if it is already","granting or offering to grant multi-","territorial licences for the same category of","online rights in musical works in the","repertoire of one or more other collecting","societies."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"113","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-114","justification":"The requested society should be required to accept within a reasonable time. Consistency\nwith draft opinions from IMCO and ITRE.","location":[["Proposal for a directive","Article 29 \u2013 paragraph 2 \u2013 subparagraph 1"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:31"},"new":["The requested collecting society shall","accept such a request within a reasonable","time if it is already granting or offering to","grant multi-territorial licences for the same","category of online rights in musical works","in the repertoire of one or more other","collecting societies."],"old":["The requested collecting society shall","accept such a request if it is already","granting or offering to grant multi-","territorial licences for the same category of","online rights in musical works in the","repertoire of one or more other collecting","societies."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"114","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-115","justification":" Consistent with draft opinion from CULT.","location":[["Proposal for a directive","Article 29 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:31"},"new":["The management fee for the service","provided by the requested collective","management organisation to the","requesting organisation shall not exceed","the costs reasonably incurred by the","requested collective management","organisation in managing the repertoire of","the requesting organisation and a","reasonable profit margin economically","viable for all parties involved."],"old":["The management fee for the service","provided by the requested collecting","society to the requesting society shall not","exceed the costs reasonably incurred by the","requested collecting society in managing","the repertoire of the requesting collecting","society and a reasonable profit margin."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"115","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Helmut Scholz","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-116","location":[[" Proposal for a directive","Article 31 \u2013 paragraph 1"]],"meps":[96646],"meta":{"created":"2019-07-03T05:11:32"},"new":["This Title as well as Articles 36 and 40","shall also apply to entities owned, in whole","or in part, by a collecting society and","which offer or grant multi-territorial","licences for online rights in musical works."],"old":["Articles 18(1)(a), 18(1)(c), 22, 23, 24, 25,","26, 27, 32 and 36 shall also apply to","entities owned, in whole or in part, by a","collecting society and which offer or grant","multi-territorial licences for online rights in","musical works."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"116","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-117","justification":"For greater clarity and conformity with recital 35, the broadcaster exception should cover\npreviews. Consistent with draft opinion from IMCO.","location":[[" Proposal for a directive","Article 33 \u2013 paragraph 1"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:32"},"new":["The requirements under this Title shall not","apply to collecting societies which grant,","on the basis of the voluntary aggregation of","the required rights, in compliance with the","competition rules under Articles 101 and","102 TFEU, a multi-territorial licence for","the online rights in musical works required","by a broadcaster to communicate or make","available to the public its radio or","television programmes before,","simultaneously with or after their initial","broadcast as well as any online material","produced by the broadcaster which is","ancillary to the initial broadcast of its radio","or television programme."],"old":["The requirements under this Title shall not","apply to collecting societies which grant,","on the basis of the voluntary aggregation of","the required rights, in compliance with the","competition rules under Articles 101 and","102 TFEU, a multi-territorial licence for","the online rights in musical works required","by a broadcaster to communicate or make","available to the public its radio or","television programmes simultaneously with","or after their initial broadcast as well as","any online material produced by the","broadcaster which is ancillary to the initial","broadcast of its radio or television","programme."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"117","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-118","location":[["Proposal for a directive","Article 35 \u2013 paragraph 1"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:32"},"new":["1. Member States shall ensure that disputes","between collecting societies and users","concerning existing and proposed licensing","conditions, tariffs, the calculation of","tariffs, and any refusal to grant a licence","can be submitted to an independent and","impartial dispute resolution body."],"old":["1. Member States shall ensure that disputes","between collecting societies and users","concerning existing and proposed licensing","conditions, tariffs, and any refusal to grant","a licence can be submitted to a court, and","if appropriate, to an independent and","impartial dispute resolution body."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"118","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-119","justification":" To ensure a level playing field for smaller players seeking dispute resolution. Consistent with\n draft opinion from IMCO.","location":[[" Proposal for a directive","Article 35 \u2013 paragraph 1 a (new)"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:32"},"new":["1a. The administrative costs of seeking","recourse to such a dispute resolution shall","be reasonable."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"119","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-120","justification":" Disputes between collective management organisations about capacity to process and\n repertoire transparency should be subject to dispute resolution. Consistent with draft opinion\n from IMCO.","location":[[" Proposal for a directive","Article 36 \u2013 paragraph 1 \u2013 point c"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:32"},"new":["(c) disputes with another collecting society","on the application of Articles 22, 23, 24,","25, 26, 28 and 29."],"old":["(c) disputes with another collecting society","on the application of Articles 24, 25, 26, 28","and 29."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"120","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter, Marietje Schaake","changes":{},"committee":["INTA"],"date":"2013-05-08T00:00:00","id":"PE510.658-121","justification":"Where competent authorities have not previously been designated or established, member\nstates should have to do so. Stronger enforcement language. Consistency with draft opinions\nfrom CULT and ITRE.","location":[["Proposal for a directive","Article 38 \u2013 paragraph 1"]],"meps":[108570,96945],"meta":{"created":"2019-07-03T05:11:32"},"new":["1. Member States shall designate or","establish competent authorities which","continuously monitor collective","management organisations operating in","their territory. Member States shall","ensure that their respective competent","authorities impose appropriate","administrative sanctions and measures","where the provisions of the national","provisions adopted in the implementation","of this Directive have not been complied","with, and shall ensure that they are applied.","The sanctions and measures shall be","effective, proportionate and dissuasive."],"old":["1. Member States shall provide that their","respective competent authorities may take","appropriate administrative sanctions and","measures where the provisions of the","national provisions adopted in the","implementation of this Directive have not","been complied with, and shall ensure that","they are applied. The sanctions and","measures shall be effective, proportionate","and dissuasive."],"orig_lang":"en","peid":"PE510.658v01-00","reference":"2012/0180(COD)","seq":"121","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.658+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Lena Kolarska-Bobi\u0144ska","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-27","location":[["Proposal for a directive","Recital 2"]],"meps":[96785],"meta":{"created":"2019-07-03T05:30:54"},"new":["(2) The dissemination of content which is","protected by copyright and related rights","and the linked services, including books,","audiovisual productions and recorded","music require the licensing of rights by","different holders of copyright and related","rights, such as authors, performers,","producers and publishers. It is normally for","the rightholders to choose between the","individual or collective management of","their rights. Management of copyright and","related rights includes the granting of","licences to users, the auditing of licensees","and monitoring of the use of rights, the","enforcement of copyright and related","rights, the collection of rights revenue","derived from the exploitation of rights and","the distribution of the amounts due to","rightholders. Collective management","organisations enable rightholders to be","remunerated for uses which they would not","be in a position to control or enforce","themselves, including in non-domestic","markets. Moreover, they have an important","social and cultural role as promoters of the","diversity of cultural expressions by","enabling the smallest and less popular","repertoires to access the market. Article","167 of the Treaty on the Functioning of the","European Union requires the Union to take","cultural aspects into account in its action,","in particular in order to respect and to","promote the diversity of its cultures.","(This amendments applies throughout the","text)"],"old":["(2) The dissemination of content which is","protected by copyright and related rights","and the linked services, including books,","audiovisual productions and recorded","music require the licensing of rights by","different holders of copyright and related","rights, such as authors, performers,","producers and publishers. It is normally for","the rightholders to choose between the","individual or collective management of","their rights. Management of copyright and","related rights includes the granting of","licences to users, the auditing of licensees","and monitoring of the use of rights, the","enforcement of copyright and related","rights, the collection of rights revenue","derived from the exploitation of rights and","the distribution of the amounts due to","rightholders. Collecting societies enable","rightholders to be remunerated for uses","which they would not be in a position to","control or enforce themselves, including in","non-domestic markets. Moreover, they","have an important social and cultural role","as promoters of the diversity of cultural","expressions by enabling the smallest and","less popular repertoires to access the","market. Article 167 of the Treaty on the","Functioning of the European Union","requires the Union to take cultural aspects","into account in its action, in particular in","order to respect and to promote the","diversity of its cultures."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"27","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Lena Kolarska-Bobi\u0144ska","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-28","location":[[" Proposal for a directive","Recital 3"]],"meps":[96785],"meta":{"created":"2019-07-03T05:30:54"},"new":["deleted"],"old":["(3) When established in the Union,","collecting societies \u2013 as service providers","\u2013 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 societies 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."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"28","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00fcrgen Creutzmann","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-29","justification":"The question of the applicability of the Services Directive appears unclear. However, no\nmatter whether it is applicable or not, a recital will not change this as it is not legally\nbinding. Either the basic act is clarified accordingly by the legislator or the ECJ is called on\nto provide a ruling. However, the recital is redundant.","location":[[" Proposal for a directive","Recital 3"]],"meps":[96873],"meta":{"created":"2019-07-03T05:30:54"},"new":["deleted"],"old":["(3) When established in the Union,","collecting societies \u2013 as service providers","\u2013 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 societies 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."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"29","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-30","justification":" Clarifies the relation to the Services Directive. This addition reflects the Commission's\n interpretation of the derogation for intellectual property rights as explained in the\n Commission's \"Handbook on implementation of the Services Directive, European\n Commission, DG Internal Market and Services (2007). p. 42\"","location":[["Proposal for a directive","Recital 3"]],"meps":[108570],"meta":{"created":"2019-07-03T05:30:54"},"new":["(3) When established in the Union,","collecting societies \u2013 as service providers \u2013","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. In this context, reminds","that the derogation in Article 17(11) of","that Directive for intellectual property","rights from the principle of freedom to","provide cross-border services without","unjustified restriction, covers the rights as","such (existence of the right, scope and","exceptions, duration, etc.) and it does not","concern services linked to the","management of such rights, such as those","provided by collective management","organisations. This implies that collective","management organisations 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."],"old":["(3) When established in the Union,","collecting societies \u2013 as service providers \u2013","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 societies 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.",""],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"30","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Britta Thomsen","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-31","location":[[" Proposal for a directive","Recital 3"]],"meps":[28153],"meta":{"created":"2019-07-03T05:30:54"},"new":["(3) When established in the Union,","collecting societies \u2013 as service providers \u2013","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","societies should be able 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."],"old":["(3) When established in the Union,","collecting societies \u2013 as service providers \u2013","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","societies 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."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"31","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Rolandas Paksas","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-32","location":[["Proposal for a directive","Recital 4"]],"meps":[96694],"meta":{"created":"2019-07-03T05:30:54"},"new":["(4) There are significant differences in the","national rules governing the functioning of","collecting societies, in particular as regards","their transparency and accountability","towards their members and rightholders.","Beyond the difficulties non-domestic","rightholders face when exercising their","rights and the too often poor financial","management of the revenues collected,","problems with the functioning of collecting","societies lead to inefficiencies in the","exploitation of copyright and related rights","across the internal market to the detriment","of the members of collecting societies,","rightholders and users alike. These","difficulties do not arise in the functioning","of independent rights management service","providers who act as agents for","rightholders for the management of their","rights on a commercial basis and in which","rightholders do not exercise membership","rights provided that they are not acting in","direct competition with collecting societies","in the fields of collection and distribution","of amounts due to rightholders. In such","cases, the criteria of ownership and","control by members are not relevant."],"old":["(4) There are significant differences in the","national rules governing the functioning of","collecting societies, in particular as regards","their transparency and accountability","towards their members and rightholders.","Beyond the difficulties non-domestic","rightholders face when exercising their","rights and the too often poor financial","management of the revenues collected,","problems with the functioning of collecting","societies lead to inefficiencies in the","exploitation of copyright and related rights","across the internal market to the detriment","of the members of collecting societies,","rightholders and users alike. These","difficulties do not arise in the functioning","of independent rights management service","providers who act as agents for","rightholders for the management of their","rights on a commercial basis and in which","rightholders do not exercise membership","rights."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"32","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-33","justification":" Inefficiencies and transparency problems also concern commercial independent rights\n management providers. And in the end, consumers pay a large part of the cost of\n inefficiencies in markets for creative works.","location":[[" Proposal for a directive","Recital 4"]],"meps":[108570],"meta":{"created":"2019-07-03T05:30:54"},"new":["(4) There are significant differences in the","national rules governing the functioning of","collective management organisations, in","particular as regards their transparency and","accountability towards their members and","rightholders. Beyond the difficulties non-","domestic rightholders face when exercising","their rights and the too often poor financial","management of the revenues collected,","problems with the functioning of collective","management organisations lead to","inefficiencies and inequities in the","exploitation of copyright and related rights","across the internal market to the detriment","of the members of collecting societies,","rightholders, users and consumers alike."],"old":["(4) There are significant differences in the","national rules governing the functioning of","collecting societies, in particular as regards","their transparency and accountability","towards their members and rightholders.","Beyond the difficulties non-domestic","rightholders face when exercising their","rights and the too often poor financial","management of the revenues collected,","problems with the functioning of collecting","societies lead to inefficiencies in the","exploitation of copyright and related rights","across the internal market to the detriment","of the members of collecting societies,","rightholders and users alike. These","difficulties do not arise in the functioning","of independent rights management service","providers who act as agents for","rightholders for the management of their","rights on a commercial basis and in which","rightholders do not exercise membership","rights."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"33","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Kri\u0161j\u0101nis Kari\u0126\u0161","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-34","location":[[" Proposal for a directive","Recital 4"]],"meps":[96901],"meta":{"created":"2019-07-03T05:30:54"},"new":["(4) There are significant differences in the","national rules governing the functioning of","collecting societies, in particular as regards","their transparency and accountability","towards their members and rightholders,","which makes for fragmentation of the","internal market in this sector. Beyond the","difficulties non-domestic rightholders face","when exercising their rights and the too","often poor financial management of the","revenues collected, problems with the","functioning of collecting societies lead to","inefficiencies in the exploitation of","copyright and related rights across the","internal market to the detriment of the","members of collecting societies,","rightholders and users alike, for whom it is","too complicated to assert their rights in","other Member States. These difficulties do","not arise in the functioning of independent","rights management service providers who","act as agents for rightholders for the","management of their rights on a","commercial basis and in which rightholders","do not exercise membership rights."],"old":["(4) There are significant differences in the","","","national rules governing the functioning of","collecting societies, in particular as regards","their transparency and accountability","towards their members and rightholders.","Beyond the difficulties non-domestic","rightholders face when exercising their","rights and the too often poor financial","management of the revenues collected,","problems with the functioning of collecting","societies lead to inefficiencies in the","exploitation of copyright and related rights","across the internal market to the detriment","of the members of collecting societies,","rightholders and users alike. These","difficulties do not arise in the functioning","of independent rights management service","providers who act as agents for","rightholders for the management of their","rights on a commercial basis and in which","rightholders do not exercise membership","rights."],"orig_lang":"lv","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"34","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Eija-Riitta Korhola","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-35","justification":" Recital to be replaced by new recitals 7a and 7b.","location":[["Proposal for a directive","Recital 7"]],"meps":[4260],"meta":{"created":"2019-07-03T05:30:55"},"new":["deleted"],"old":["(7) This Directive should aim at","coordinating national rules concerning","the access to the activity of managing","copyright and related rights by collecting","societies, the modalities for their","governance, and their supervisory","framework and is also based on Article","53(1) of the Treaty. In addition, since this","is a sector offering services across the","Union, this Directive is also based on","","","Article 62 of the Treaty."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"35","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Eija-Riitta Korhola","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-36","justification":" It must be reassured that the provisions of the Directive do not affect the functioning of\n licensing arrangements based on the enumerated legal operations. Consequently, all\n activities of the CMO\u2019s, including those that are based on the aforementioned legal\n operations, fall within the scope of application of the Directive. This is further emphasized by\n the fact that a reference to CMO\u2019s is made.","location":[[" Proposal for a directive","Recital 7 a (new)"]],"meps":[4260],"meta":{"created":"2019-07-03T05:30:55"},"new":["(7a) This Directive is without prejudice to","the arrangements concerning the","management of rights by collective","management organisations, such as","extended collective licenses, mandatory","collective management and legal","presumptions of representation or","transfer of rights."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"36","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Eija-Riitta Korhola","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-37","justification":"It is imperative that the directive shall not have a negative effect on established modes of\ngovernance and functioning internal practises of CMO\u2019s based on applicable national law.\nThis goal has been generally endorsed by many interested parties including the European\nCommission.","location":[[" Proposal for a directive","Recital 7 b (new)"]],"meps":[4260],"meta":{"created":"2019-07-03T05:30:55"},"new":["(7b) This Directive is without prejudice to","the legal form traditionally chosen by the","Member States for the operation of the","collective management organizations. The","Member States should not be required to","change the legal form of these","organizations. The provisions of the","Directive are without prejudice to right","holders' freedom of association and their","right to organize themselves."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"37","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Eija-Riitta Korhola","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-38","justification":" The scope of the Directive should be extended to cover not only collecting societies that are\n established in the European Union, but also non-EU collecting societies that directly license\n users in the European Union. Otherwise, the Directive risks creating an uneven playing field\n allowing societies that do not comply with the EU standards to license users in the Union. It\n might not be feasible to apply all provisions of the Directive to non-EU collecting societies,\n due to the risk of interfering with national legislation of non-EU Member States and\n restrictions on the extra-territorial reach of EU law, while at least Title I, Chapters 2 to 5 in\n Title II, and Title IV (except articles 36 and 40) should apply to non-EU collecting societies\n (provisions on transparency, licensing, tariffs and distribution of rights revenue).","location":[["Proposal for a directive","Recital 7 c (new)"]],"meps":[4260],"meta":{"created":"2019-07-03T05:30:55"},"new":["(7c) Titles I, II and IV of this Directive","shall apply to all collecting societies","established in the Union. Member States","may extend the application of this","Directive to Title I, chapters 2 to 5 of Title","II and Title IV with the exception of","Articles 36 and 40 to non-EU collecting","societies licensing the use of rights in","their territory."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"38","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Eija-Riitta Korhola","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-39","justification":" The definition of a collective management organisation should cover all non-profit\n organisations whose main activity is the collection and distribution of licence fees or\n remuneration on behalf of more than one rightholder, regardless of how their ownership or\n control is organised. Under the current draft, collective management organisations, which do\n not have \u201cmembers\u201d as such might not be covered by the definition. The proposed\n amendment aims at ensuring that all collective management organisations controlled by\n\n\nrightholders are covered by the definition. In order to avoid any ambiguity, it should be made\nclear in a recital that entities such as record or film companies which receive assignment of\nrights from other rightholders are not covered by the Directive","location":[[" Proposal for a directive","Recital 7 d (new)"]],"meps":[4260],"meta":{"created":"2019-07-03T05:30:55"},"new":["(7d) In this Directive, collective","management organisations cover non-","profit organisations authorised by more","than one rightholder to manage copyright","or related rights as their main activity and","which are owned or directly or indirectly","controlled by rightholders. Individual","companies who in the normal course of","their business are engaged in the","production of content or licensing of","rights on a commercial basis (such as","music publishers, book publishers or","music companies) are not covered by this","Directive."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"39","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Lena Kolarska-Bobi\u0144ska","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-40","location":[["Proposal for a directive","Recital 9"]],"meps":[96785],"meta":{"created":"2019-07-03T05:30:55"},"new":["(9) Having the freedom to receive services","for collective management of copyright","and related rights across national borders","entails that rightholders are able to freely","choose the collective management","organisation for the management of their","rights, such as public performance or","broadcasting rights, or categories of rights,","such as interactive communication to the","public, provided the collective","management organisation already","manages such rights or categories of rights.","This implies that rightholders can easily","withdraw their rights or categories of rights","from a collective management","organisation and entrust or transfer all or","part of them to another collective","management organisation or another","entity irrespective of the Member State of","residence or the nationality of either the","collective management organisation or the","rightholder. Collective management","organisations managing different types of","works and other subject matter, such as","literary, musical or photographic works,","should also allow this flexibility to","rightholders as regards the management of","different types of works and other subject","matter. Collective management","organisations should inform rightholders","of this choice and allow them to exercise it","as easily as possible. Finally, this Directive","should not prejudice the possibilities of","rightholders to manage their rights","individually, including for non-commercial","uses."],"old":["(9) Having the freedom to provide and to","receive collective management services","across national borders entails that","rightholders are able to freely choose the","collecting society for the management of","their rights, such as public performance or","broadcasting rights, or categories of rights,","such as interactive communication to the","public, provided the collecting society","already manages such rights or categories","of rights. This implies that rightholders can","easily withdraw their rights or categories of","rights from a collecting society and entrust","or transfer all or part of them to another","collecting society or another entity","irrespective of the Member State of","residence or the nationality of either the","collecting society or the rightholder.","Collecting societies managing different","types of works and other subject matter,","such as literary, musical or photographic","works, should also allow this flexibility to","rightholders as regards the management of","different types of works and other subject","matter. Collecting societies should inform","rightholders of this choice and allow them","to exercise it as easily as possible. Finally,","this Directive should not prejudice the","possibilities of rightholders to manage their","rights individually, including for non-","commercial uses.",""],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"40","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-41","justification":"Rightholders should retain the right to freely decide over the rights to their own works,\nincluding the right to place the work in the public domain.","location":[[" Proposal for a directive","Recital 9"]],"meps":[108570],"meta":{"created":"2019-07-03T05:30:55"},"new":["(9) Having the freedom to provide and to","receive collective management services","across national borders entails that","rightholders are able to freely choose the","collecting society for the management of","their rights, such as public performance or","broadcasting rights, or categories of rights,","such as interactive communication to the","public, provided the collecting society","already manages such rights or categories","of rights. This implies that rightholders can","easily withdraw their rights or categories of","rights from a collecting society and entrust","or transfer all or part of them to another","collecting society or another entity","irrespective of the Member State of","residence or the nationality of either the","collecting society or the rightholder.","Collecting societies managing different","types of works and other subject matter,","such as literary, musical or photographic","works, should also allow this flexibility to","rightholders as regards the management of","works, different types of works and other","subject matter. Collecting societies should","inform rightholders of this choice and","allow them to exercise it as easily as","possible. Finally, this Directive should not","prejudice the possibilities of rightholders to","manage their rights individually, including","for non-commercial uses or placement in","the public domain."],"old":["(9) Having the freedom to provide and to","receive collective management services","across national borders entails that","rightholders are able to freely choose the","collecting society for the management of","their rights, such as public performance or","broadcasting rights, or categories of rights,","such as interactive communication to the","public, provided the collecting society","already manages such rights or categories","of rights. This implies that rightholders can","easily withdraw their rights or categories of","rights from a collecting society and entrust","or transfer all or part of them to another","collecting society or another entity","irrespective of the Member State of","residence or the nationality of either the","collecting society or the rightholder.","Collecting societies managing different","types of works and other subject matter,","such as literary, musical or photographic","works, should also allow this flexibility to","rightholders as regards the management of","different types of works and other subject","matter. Collecting societies should inform","rightholders of this choice and allow them","to exercise it as easily as possible. Finally,","this Directive should not prejudice the","possibilities of rightholders to manage their","rights individually, including for non-","commercial uses."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"41","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Rolandas Paksas","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-42","location":[["Proposal for a directive","Recital 9 a (new)"]],"meps":[96694],"meta":{"created":"2019-07-03T05:30:55"},"new":["(9a) Whereas the individual exercise of","exclusive economic rights, such as is often","the case in the audiovisual sector, is also","consistent with internal market goals and","reduces the potential for fragmentation,","through the consolidation of exploitation","rights in the producer."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"42","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-43","justification":" Inclusive as well as efficient member participation should be encouraged. [Consistent with\n draft opinion from CULT.]","location":[["Proposal for a directive","Recital 12"]],"meps":[108570],"meta":{"created":"2019-07-03T05:30:55"},"new":["(12) All members of collective","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, and","whenever possible by electronic means."],"old":["(12) Members of collecting societies","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."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"43","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Lena Kolarska-Bobi\u0144ska","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-44","location":[[" Proposal for a directive","Recital 13"]],"meps":[96785],"meta":{"created":"2019-07-03T05:30:55"},"new":["(13) Members should be allowed to take","part in monitoring the management of","collective management organisations. To","this end, collective management","organisations should establish a","supervisory function appropriate to their","organisational structure and allow the","different categories of members to be","represented in fair and balanced manner","in the body that exercises this function. To","avoid imposing excessive burden on","smaller collecting societies 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","societies from having to organise such a","supervisory function."],"old":["(13) Members should be allowed to take","part in monitoring the management of","collecting societies. To this end, collecting","societies 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","burden on smaller collecting societies 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","societies from having to organise such a","supervisory function."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"44","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-45","justification":"Excluding small collective management organisations from any kind of supervisory function\ngoes counter to the purpose of the directive. Even small companies and organizations\ntypically require a board. The different categories of members need adequate representation.\nAdditionally, this recital should be consistent with revisions to Articles 8.3 and 20.5.\n[Consistent with draft opinions from CULT and IMCO.]","location":[[" Proposal for a directive","Recital 13"]],"meps":[108570],"meta":{"created":"2019-07-03T05:30:55"},"new":["(13) Members should be allowed to take","part in monitoring the management of","collective management organisations. To","this end, collective management","organisations should establish a","supervisory function appropriate to their","organisational structure and allow","members, representing different","categories of rightholders, to be","represented in the body that exercises this","function."],"old":["(13) Members should be allowed to take","part in monitoring the management of","","","collecting societies. To this end, collecting","societies 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","burden on smaller collecting societies 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 societies from having to","organise such a supervisory function."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"45","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-46","justification":"In order to prevent unnecessary risks to the revenue that belongs to rightholders, collective\nmanagement organisations should employ a secure and low risk investment strategy.\n[Consistent with draft opinion from IMCO.]","location":[["Proposal for a directive","Recital 15"]],"meps":[108570],"meta":{"created":"2019-07-03T05:30:55"},"new":["(15) Collective management organisations","collect, manage and distribute revenue","from the exploitation of the rights entrusted","to them by rightholders. This revenue is","ultimately due to rightholders who may be","members of that society, or another","society. It is therefore important that","collective management organisations","exercise the utmost diligence in collecting,","managing and distributing that revenue.","Accurate distribution is only possible","where collective management","organisations maintain proper records of","membership, licences and use of works and","other subject matter. Where appropriate,","data should also be provided by","rightholders and users and verified by the","collective management organisations.","Amounts collected and due to rightholders","should be managed separately from any","own assets of the collective management","organisation and, if they are invested,","pending their distribution to rightholders,","this should be carried out in accordance","with the investment policy decided by the","collective management organisations'","general meeting. In order to maintain a","high level of protection for the rights of","rightholders and to ensure that any income","which may be derived from exploitation of","their rights accrues for the benefit of","rightholders, the investments made and","held by the collective management","organisation should be managed in","accordance with criteria which would","oblige the collective management","organisation to act prudently, while","allowing the collective management","organisation to decide on the most secure","and efficient investment policy. This","should allow the collective management","organisation to opt for a secure and","profitable asset allocation that prevents","exposure to risk of any rights revenue","invested and which does not unduly","prejudice any rights revenue owed to","rightholders. Moreover, in order to ensure","that the amounts due to rightholders are","appropriately and effectively distributed, it","is necessary to require collective","management organisations to undertake","diligent and good faith reasonable","measures to identify and locate the relevant","rightholders. It is also appropriate to","provide for the approval by members of","collective management organisations of","the rules governing any situation where,","due to the lack of identified or located","rightholders, amounts collected cannot be","distributed."],"old":["(15) Collecting societies collect, manage","and distribute revenue from the","exploitation of the rights entrusted to them","by rightholders. This revenue is ultimately","due to rightholders who may be members","of that society, or another society. It is","therefore important that collecting societies","exercise the utmost diligence in collecting,","managing and distributing that revenue.","Accurate distribution is only possible","where collecting societies maintain proper","records of membership, licences and use of","works and other subject matter. Where","","appropriate, data should also be provided","by rightholders and users and verified by","the collecting societies. Amounts collected","and due to rightholders should be managed","separately from any own assets of the","collecting society and, if they are invested,","pending their distribution to rightholders,","this should be carried out in accordance","with the investment policy decided by the","collecting societies' general meeting. In","order to maintain a high level of protection","for the rights of rightholders and to ensure","that any income which may be derived","from exploitation of their rights accrues for","the benefit of rightholders, the investments","made and held by the collecting society","should be managed in accordance with","criteria which would oblige the collecting","society to act prudently, while allowing the","collecting society to decide on the most","secure and efficient investment policy.","This should allow the colleting society to","opt for an asset allocation that suits the","precise nature and duration of any","exposure to risk of any rights revenue","invested and which does not unduly","prejudice any rights revenue owed to","rightholders. Moreover, in order to ensure","that the amounts due to rightholders are","appropriately and effectively distributed, it","is necessary to require collecting societies","to undertake diligent and good faith","reasonable measures to identify and locate","the relevant rightholders. It is also","appropriate to provide for the approval by","members of collecting societies of the rules","governing any situation where, due to the","lack of identified or located rightholders,","amounts collected cannot be distributed."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"46","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-47","justification":" Allowing the collective management organisation to keep money that cannot be distributed\n will provide a disincentive for the collective management organisation to perform a true\n diligent search for the real rightholders. Moreover, a fund solution makes it possible to\n coordinate this directive with the recent Orphan Works Directive. A fund managed by the\n Member State may also be beneficial in promoting cultural diversity. See also amended\n Article 12.2.","location":[["Proposal for a directive","Recital 15 a (new)"]],"meps":[108570],"meta":{"created":"2019-07-03T05:30:55"},"new":["(15a) Where the amounts due to","rightholders cannot be distributed,","because the collective management","organisation failed to identify and locate","the rightholders, it would provide a","disincentive for the collective","management organisations to be diligent","in their effort to locate the proper","rightholders, if they were allowed to keep","the money and use it for other purposes.","Since it is Member States that have","primary responsibility for cultural policy,","it is appropriate that the money that","cannot be distributed shall be paid to a","fund set up and managed for this purpose","by the Member State in which the money","was collected. The fund is thereafter","responsible for any claims from","reappearing rightholders. In addition,","each Member State will decide how to use","the money in the fund for related","purposes, such as paying reappearing","rightholders according to Directive","2012/28/EU on Certain Permitted Uses of","Orphan Works, digitising and restoring","our cultural heritage, and promoting","cultural diversity."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"47","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-48","justification":" Should reflect the text of ECJ case law [C-52/07, Kanal 5 and TV4 vs STIM]. As monopoly\n providers, collective management organisations face weak incentives not to overcharge.","location":[[" Proposal for a directive","Recital 18"]],"meps":[108570],"meta":{"created":"2019-07-03T05:30:55"},"new":["(18) Fair commercial terms in licensing are","particularly important to ensure that users","can license the works and other protected","subject-matter for which a collecting","society represents rights and to ensure the","remuneration of rightholders. Collecting","societies and users should therefore","conduct licensing negotiations in good","faith and apply tariffs determined on the","basis of objective and non-discriminatory","criteria. Tariffs should be reasonable in","relation to the economic value of the use","of the rights in trade."],"old":["(18) Fair commercial terms in licensing are","particularly important to ensure that users","can license the works and other protected","subject-matter for which a collecting","society represents rights and to ensure the","remuneration of rightholders. Collecting","societies and users should therefore","conduct licensing negotiations in good","faith and apply tariffs determined on the","basis of objective criteria."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"48","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-49","justification":"The double-invoicing of copyright users is a recurring and widespread problem. According to\nthe Commission Impact Assessment, as much as 10-30% of royalties invoiced to users may be\naffected by double invoicing. [Consistent with draft opinion from IMCO.]","location":[[" Proposal for a directive","Recital 18 a (new)"]],"meps":[108570],"meta":{"created":"2019-07-03T05:30:55"},"new":["(18a) To enhance transparency and","prevent situations where users receive","more than one invoice for the same rights","in the same works, collecting societies","should be required to cooperate closely","among themselves. This cooperation","should include pooling of information on","licences and use of works in a common","database, coordinated and joint invoicing","and collection of rights revenues."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"49","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-50","justification":" Excluding small collective management organisations from reporting obligations goes\n counter to the purpose of the directive. Additionally, this recital should be consistent with\n revisions to Articles 8.3 and 20.5. [Consistent with draft opinion from IMCO.]","location":[["Proposal for a directive","Recital 20"]],"meps":[108570],"meta":{"created":"2019-07-03T05:30:56"},"new":["(20) To ensure that rightholders are in a","position to monitor the performance of","their collecting societies and compare their","respective performance, collecting","societies should make public an annual","transparency report comprising comparable","audited financial information specific to","the activities of collecting societies.","Collecting societies should also make","public an annual special report on the use","of amounts dedicated to social, cultural and","educational services."],"old":["(20) To ensure that rightholders are in a","position to monitor the performance of","their collecting societies and compare their","respective performance, collecting","societies should make public an annual","transparency report comprising comparable","audited financial information specific to","the activities of collecting societies.","Collecting societies should also make","public an annual special report on the use","of amounts dedicated to social, cultural and","educational services. To avoid imposing","excessive burden on smaller collecting","societies 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 societies from certain","transparency obligations."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"50","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Rolandas Paksas","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-51","location":[[" Proposal for a directive","Recital 20 a (new)"]],"meps":[96694],"meta":{"created":"2019-07-03T05:30:56"},"new":["(20a) This Directive is without prejudice","to the arrangements in the Member States","concerning the management of rights","such as extended collective licensing,","compulsory collective management and","legal presumptions of representation, or","transfer of rights, provided that such","arrangements are compatible with Union","law and the international obligations of","the Union and its Member States. In the","case of mandatory collective management","for all works in a relevant category of","rights or type of content, the obligation to","publish the repertoire is unnecessary","where only one is actively mandated."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"51","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-52","justification":" The effectiveness of collective management organisations depend on the control of anti-\n competitive effects. Improved language. [Consistency with draft opinion from IMCO.]","location":[["Proposal for a directive","Recital 24"]],"meps":[108570],"meta":{"created":"2019-07-03T05:30:56"},"new":["(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 societies, 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 societies of multi-","territorial collective licensing of authors'","online rights in musical works. These","provisions should ensure the necessary","minimum quality of the cross-border","services provided by collecting societies,","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","society to request another collecting","society 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, without abusing its market power.","The development of legal online music","services across the Union should also","contribute to a decrease in unauthorized","copying of music."],"old":["(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 societies, 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 societies of multi-","territorial collective licensing of authors'","online rights in musical works. These","provisions should ensure the necessary","minimum quality of the cross-border","services provided by collecting societies,","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","society to request another collecting","society 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."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"52","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Rolandas Paksas","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-53","location":[[" Proposal for a directive","Recital 24"]],"meps":[96694],"meta":{"created":"2019-07-03T05:30:56"},"new":["(24) Unlike other creative sectors where","direct licensing plays a more prominent","role, the collective management of authors'","rights on a territorial basis remains the","norm in the music sector. Therefore, it is","essential to create conditions conducive to","the most effective licensing practices by","collecting societies, 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 societies of multi-","territorial collective licensing of authors'","online rights in musical works. These","provisions should ensure the necessary","minimum quality of the cross-border","services provided by collecting societies,","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","society to request another collecting","society 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."],"old":["(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 societies, 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 societies of multi-","territorial collective licensing of authors'","online rights in musical works. These","provisions should ensure the necessary","minimum quality of the cross-border","services provided by collecting societies,","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","society to request another collecting","society 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."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"53","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-54","justification":" High transaction costs, such as complicated and multiple invoices, are a major impediment in\n the European copyright licensing market. [Consistent with draft opinion from IMCO.]","location":[["Proposal for a directive","Recital 27"]],"meps":[108570],"meta":{"created":"2019-07-03T05:30:56"},"new":["(27) Digital technology allows the","automated monitoring by collecting","societies of the use by the licensee of the","licensed musical works and facilitates","invoicing. Industry standards for music","usage, sales reporting and invoicing are","instrumental to improve the efficiency in","the exchange of data between collecting","societies and users. The monitoring of the","use of licences should respect fundamental","rights, namely the right to respect of","private and family life and data protection.","To ensure that these efficiency gains result","in faster financial processing and","ultimately in earlier payments to","rightholders, collecting societies should be","required to establish cooperation","procedure among themselves so as to","ensure that each user receives a single","joint invoice and to distribute amounts due","to rightholders without delay. For this","requirement to be effective, it is necessary","that licensees make every effort to provide","collecting societies with accurate and","timely reports on the use of the works.","Collecting societies should not be required","to accept users' reports in proprietary","formats when widely used industry","standards are available."],"old":["(27) Digital technology allows the","automated monitoring by collecting","societies of the use by the licensee of the","licensed musical works and facilitates","invoicing. Industry standards for music","usage, sales reporting and invoicing are","instrumental to improve the efficiency in","the exchange of data between collecting","societies and users. The monitoring of the","use of licences should respect fundamental","rights, namely the right to respect of","private and family life and data protection.","To ensure that these efficiency gains result","in faster financial processing and","ultimately in earlier payments to","rightholders, collecting societies should be","required to invoice service providers and to","distribute amounts due to rightholders","without delay. For this requirement to be","effective, it is necessary that licensees","make every effort to provide collecting","societies with accurate and timely reports","on the use of the works. Collecting","societies should not be required to accept","users' reports in proprietary formats when","widely used industry standards are","available."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"54","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Ivo Belet","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-55","justification":"Broadcasters include in their online services not only broadcast programmes or parts thereof\nbut also other programme material provided under the broadcaster's editorial control and\nresponsibility which normally bears a relationship with the broadcaster's offline activities. As\nthe exact scope and extent of that material will be subject to contractual arrangements\nbetween broadcasters and the music right holders or collecting societies concerned, it should\nnot be defined in advance by the Directive.","location":[[" Proposal for a directive","Recital 35"]],"meps":[28257],"meta":{"created":"2019-07-03T05:30:56"},"new":["(35) Broadcasting organisations generally","rely on a blanket licence from a local","collecting society for the rights to the","world repertoire of musical works in order","to communicate and make available to the","public their own television and radio","programmes and online services related to","their broadcasts, such as material which","supplements, enriches or otherwise","expands on the broadcaster's programme","offerings. Such blanket licences for","broadcasters respond to an actual need,","are well established and generally","accepted by right holders, broadcasters","and collecting societies alike. This","directive should therefore maintain that","established practice so as to avoid the","application of different rules for the","licensing of broadcasters' offline and","online services. For this reason it is","necessary to exempt collecting societies","from the application of Title III when they","license online services to broadcasters","that are related to their offline broadcast","services. This should not operate so as to","distort competition with other services","which give consumers access to individual","musical works online, or lead to restrictive","practices, such as market or customer","sharing, and should remain in compliance","with national and EU law, in particular","Articles 101 or 102 of the Treaty on the","Functioning of the European Union."],"old":["(35) Broadcasting organisations generally","rely on a 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 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."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"55","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Eija-Riitta Korhola","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-56","justification":" To ensure that national dispute resolution bodies have the required expertise and that their\n decisions follow the same fair principles across the internal market, these bodies should\n consist of dedicated judges that have special knowledge of IP matters and the decisions\n should be made following the criteria set out in Article 15(2).Parties may abuse the use of\n dispute resolution mechanisms, for example, to avoid or delay obligations such as payment of\n the licence fees. To ensure that these dispute resolution mechanisms are used in good faith,\n and given the potential length of dispute resolution proceedings, the provisions should specify\n that where a dispute resolution process is pending, users may only use the works or other\n protected content provided that, as a minimum obligation, they pay the tariffs published by\n the CMO or, where there is no pre-existing tariff, a monthly fee set by the dispute resolution\n body, into an escrow account. The collective management organisation or the user, as the\n case may be, should be required to pay the balance between the payments made and the new\n tariff set by the competent body no later than 30 days after the decision has been made by that\n body.","location":[["Proposal for a directive","Recital 36"]],"meps":[4260],"meta":{"created":"2019-07-03T05:30:56"},"new":["(36) It is necessary to ensure the effective","enforcement of the provisions of the","national law adopted pursuant to this","Directive. Collecting societies should offer","their members specific procedures for the","handling of complaints and the resolution","of disputes. These procedures should also","be made available to other rightholders","represented by the collecting society. It is","also appropriate to ensure that Member","States have independent, impartial and","effective dispute resolution bodies capable","of settling commercial disputes between","collecting societies and users on existing or","proposed licensing conditions as well as on","situations in which the granting of a licence","is refused. Furthermore, the effectiveness","of the rules on the multi-territorial","licensing of online rights in musical works","could be undermined if disputes between","collecting societies and their counterparts","were not solved quickly and efficiently by","independent and impartial bodies. As a","result, it is appropriate to provide, without","prejudice to the right of access to a","tribunal, for an easily accessible, efficient","and impartial out-of-court procedure for","resolving conflicts between collecting","societies, on the one hand, and online","music service providers, rightholders or","other collecting societies, on the other.","These dispute resolution bodies should","have special knowledge of intellectual","property matters and they should base","their decisions on objective standards and","criteria, such as the \"fair value in trade\"","established by the CJEU. In order to","secure payment, users should be required","to make payments to the collective","management organisations, while the","process is pending, according to the","existing tariff where such tariff exists or","based on an interim order by the court","where no pre-existing applicable tariff is","set."],"old":["(36) It is necessary to ensure the effective","enforcement of the provisions of the","national law adopted pursuant to this","Directive. Collecting societies should offer","their members specific procedures for the","handling of complaints and the resolution","of disputes. These procedures should also","be made available to other rightholders","represented by the collecting society. It is","also appropriate to ensure that Member","States have independent, impartial and","effective dispute resolution bodies capable","of settling commercial disputes between","collecting societies and users on existing or","proposed licensing conditions as well as on","situations in which the granting of a licence","is refused. Furthermore, the effectiveness","of the rules on the multi-territorial","licensing of online rights in musical works","could be undermined if disputes between","collecting societies and their counterparts","were not solved quickly and efficiently by","independent and impartial bodies. As a","result, it is appropriate to provide, without","prejudice to the right of access to a","tribunal, for an easily accessible, efficient","and impartial out-of-court procedure for","","resolving conflicts between collecting","societies, on the one hand, and online","music service providers, rightholders or","other collecting societies, on the other."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"56","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-57","justification":"Clarification of Member State enforcement options. [Consistent with draft opinion from\nCULT.]","location":[[" Proposal for a directive","Recital 37"]],"meps":[108570],"meta":{"created":"2019-07-03T05:30:56"},"new":["(37) Moreover, Member States should","establish appropriate procedures by means","of which it will be possible to make","complaints against collective management","organisations who do not comply with the","law and to ensure that, where appropriate,","effective, proportionate and dissuasive","sanctions or measures are imposed.","Member States should determine which","authorities should be responsible for","administering the complaints procedures","and sanctions. To ensure that the","requirements for multi-territorial licensing","are complied with, specific provisions on","the monitoring of their implementation","should be laid down. The competent","authorities of the Member States and the","European Commission should cooperate","with each other to this end."],"old":["(37) Moreover, Member States should","establish appropriate procedures by means","of which it will be possible to make","complaints against collecting societies who","do not comply with the law and to ensure","that, where appropriate, effective,","proportionate and dissuasive sanctions are","imposed. Member States should determine","which authorities should be responsible for","administering the complaints procedures","and sanctions. To ensure that the","requirements for multi-territorial licensing","are complied with, specific provisions on","the monitoring of their implementation","should be laid down. The competent","authorities of the Member States and the","European Commission should cooperate","with each other to this end."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"57","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Rolandas Paksas","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-58","location":[["Proposal for a directive","Recital 43"]],"meps":[96694],"meta":{"created":"2019-07-03T05:30:56"},"new":["(43) The provisions of this Directive are","without prejudice to the application of","competition law rules, and any other","relevant law in other areas including","confidentiality, in particular with respect","to individual agreements and non-","disclosure agreements, trade secrets,","privacy, access to documents, the law of","contract and private international law","relating to the conflict of laws and the","jurisdiction of courts."],"old":["(43) The provisions of this Directive are","without prejudice to the application of","competition law rules, and any other","relevant law in other areas including","confidentiality, trade secrets, privacy,","access to documents, the law of contract","and private international law relating to the","","","conflict of laws and the jurisdiction of","courts."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"58","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Rolandas Paksas","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-59","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1"]],"meps":[96694],"meta":{"created":"2019-07-03T05:30:56"},"new":["This Directive lays down requirements","necessary to ensure the proper functioning","of the management of copyright and","related rights by collective management","organisations. It also lays down","requirements for multi-territorial licensing","by collecting societies of authors' rights in","musical works for online use."],"old":["This Directive lays down requirements","necessary to ensure the proper functioning","of the management of copyright and","related rights by collecting societies. It also","lays down requirements for multi-territorial","licensing by collecting societies of authors'","rights in musical works for online use."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"59","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Britta Thomsen","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-60","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 1"]],"meps":[28153],"meta":{"created":"2019-07-03T05:30:56"},"new":["Titles I, II and IV with the exception of","Articles 36 and 40 shall apply to all","collecting societies which operate within","the Union."],"old":["Titles I, II and IV with the exception of","Articles 36 and 40 shall apply to all","collecting societies established in the","Union."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"60","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Ivo Belet","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-61","justification":"Ex article 33 - Broadcasters include in their online services not only broadcast programmes\nor parts thereof but also other programme material provided under the broadcaster's\neditorial control and responsibility which normally bears a relationship with the\nbroadcaster's offline activities. As the exact scope and extent of that material will be subject\nto contractual arrangements between broadcasters and the music right holders or collecting\nsocieties concerned, it should not be defined in advance by the Directive.","location":[["Proposal for a directive","Article 2 \u2013 paragraph 2 a (new)"]],"meps":[28257],"meta":{"created":"2019-07-03T05:30:56"},"new":["Title III shall however not apply when","collecting societies grant licenses for such","musical works, in compliance with","national and community law, to","broadcasters in relation to online services","that are related to their offline broadcast","services."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"61","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Britta Thomsen","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-62","location":[["Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point a"]],"meps":[28153],"meta":{"created":"2019-07-03T05:30:56"},"new":["(a) \u2018collecting society\u2019 means any","organisation which is authorised by law or","by way of assignment, licence or any other","contractual arrangement, by more than one","rightholder, to manage copyright or rights","related to copyright as its sole or main","purpose and which is owned or controlled","by its members; In order for the sole or","primary purpose of an organisation to be","considered rights administration, it must","be stated in the articles of the association","that the object of the organisation is to","collect and ensure a fair distribution of","rights revenue when mass exploitation of","copyright takes place. Moreover, the","number of employees engaged in the","administration of rights must constitute","the majority of the organisations total","number of employees."],"old":["(a) \u2018collecting society\u2019 means any","organisation which is authorised by law or","by way of assignment, licence or any other","contractual arrangement, by more than one","rightholder, to manage copyright or rights","related to copyright as its sole or main","purpose and which is owned or controlled","by its members;","",""],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"62","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Rolandas Paksas","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-63","location":[[" Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point a"]],"meps":[96694],"meta":{"created":"2019-07-03T05:30:56"},"new":["(a) 'collective management organisation'","means any organisation which is authorised","by law or by way of assignment, licence or","any other contractual arrangement, by a","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;"],"old":["(a) \u2018collecting society\u2019 means any","organisation which is authorised by law or","by way of assignment, licence or any other","contractual arrangement, by more than one","rightholder, to manage copyright or rights","related to copyright as its sole or main","purpose and which is owned or controlled","by its members;"],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"63","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00fcrgen Creutzmann","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-64","justification":"Clarification with regards to the definition of collective management societies.","location":[[" Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point a"]],"meps":[96873],"meta":{"created":"2019-07-03T05:30:57"},"new":["(a) 'collective management society' means","any organisation which is authorised by","law or by way of assignment, licence or","any other contractual arrangement, by","more than one rightholder or collective","management society, to manage copyright","or rights related to copyright as its sole or","main purpose and which is owned or","controlled by its members, and acts in the","sole collective interest of, and with a","fiduciary duty to, its members;"],"old":["(a) \u2018collecting society\u2019 means any","organisation which is authorised by law or","by way of assignment, licence or any other","contractual arrangement, by more than one","","rightholder, to manage copyright or rights","related to copyright as its sole or main","purpose and which is owned or controlled","by its members;"],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"64","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Eija-Riitta Korhola","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-65","location":[["Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point a"]],"meps":[4260],"meta":{"created":"2019-07-03T05:30:57"},"new":["(a) A 'collective management","organisation' is any non-profit","organisation, which is authorised by law or","by way of assignment, licence or any other","contractual arrangement, by more than one","rightholder, to manage copyright or rights","related to copyright as its sole or main","purpose and which is owned or directly or","indirectly controlled by its rightholders;"],"old":["(a) \u2018collecting society\u2019 means any","organisation which is authorised by law or","by way of assignment, licence or any other","contractual arrangement, by more than one","rightholder, to manage copyright or rights","related to copyright as its sole or main","purpose and which is owned or controlled","by its members;"],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"65","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-66","justification":" In order to establish a level playing field within the framework of rights management,\n publishers and record companies - who also manage rightsholders rights - should be subject\n to a minimum set of transparency rules. [Consistent with draft opinion from CULT.]","location":[["Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point a a (new)"]],"meps":[108570],"meta":{"created":"2019-07-03T05:30:57"},"new":["(aa) 'commercial operator' means any","entity which is authorised by way of any","contractual arrangement to manage","copyright or rights related to copyright on","behalf of rightholders on a commercial","basis;"],"old":["",""],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"66","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter, J\u00fcrgen Creutzmann","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-67","justification":" Clarification needed in relation to the variety of legal forms of collective management\n organisations within different Member States. [Consistent with draft opinion from CULT.]","location":[[" Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point c"]],"meps":[108570,96873],"meta":{"created":"2019-07-03T05:30:57"},"new":["(c) 'member' means a rightholder or an","entity directly representing rightholders,","including other collective management","organisations and associations of","rightholders, fulfilling the membership","requirements of the collective management","organisation, regardless of its legal form;"],"old":["(c) \u2018member of a collecting society\u2019 means","a rightholder or an entity directly","representing rightholders, including other","collecting societies and associations of","rightholders, fulfilling the membership","requirements of the collecting society;"],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"67","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Rolandas Paksas","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-68","location":[[" Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point c"]],"meps":[96694],"meta":{"created":"2019-07-03T05:30:57"},"new":["(c) \u2018member of a collecting society\u2019 means","a rightholder or an entity directly","representing rightholders, including other","collecting societies and associations of","rightholders, such as trade unions,","fulfilling the membership requirements of","the collecting society;"],"old":["(c) \u2018member of a collecting society\u2019 means","a rightholder or an entity directly","representing rightholders, including other","collecting societies and associations of","rightholders, fulfilling the membership","requirements of the collecting society;"],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"68","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter, J\u00fcrgen Creutzmann","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-69","justification":"Article 10.2 states that income derived from investments of rights revenue should be \"kept\nseparate\" but does not make clear that such income belongs to and should, eventually, be\npaid out to rightsholders. Including this income stream in the definition is the easiest way to\nremedy this. [Consistency with draft opinion from CULT.]","location":[["Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point f"]],"meps":[108570,96873],"meta":{"created":"2019-07-03T05:30:57"},"new":["(f) \u2018rights revenue\u2019 means income collected","by a collective management organisation","on behalf of rightholders, whether from an","exclusive right, a right to remuneration or a","right to compensation, and including any","income derived from the investments of","rights revenue;"],"old":["(f) \u2018rights revenue\u2019 means income collected","by a collecting society on behalf of","rightholders, whether from an exclusive","right, a right to remuneration or a right to","compensation;"],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"69","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Eija-Riitta Korhola","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-70","justification":" A recent declaration adopted by more than 40 independent European associations of music\n creators called for the maintenance of the exclusive assignment of the performing right to\n their collective management organisation. This entails that music writers assign the\n performing right in all their works to the society of their choice. This provides the CMO with\n legal certainty because it knows that it represents the performing rights of all works of its\u2019\n members. The split of works (some compositions in one society, others in another one) would\n be detrimental: CMO\u2019s would lose the certainty needed for blanket licenses as requested e.g.\n by public broadcasters. The consequences are that obtaining licenses will be more\n burdensome and costly.","location":[["Proposal for a directive","Article 5 \u2013 paragraph 2"]],"meps":[4260],"meta":{"created":"2019-07-03T05:30:57"},"new":["2. Rightholders shall have the right to","authorise a collective management","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 collective","management organisation or the","rightholder. Collective management","organisations shall have the right to","require the exclusive assignment of the","rights in all works of their members."],"old":["2. Rightholders shall have the right to","authorise a collecting society 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 rightholder."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"70","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter, J\u00fcrgen Creutzmann","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-71","justification":"Rightholders should retain the right to freely decide over the rights to their own works. In\nsome EU member states and in other countries, for instance in the United States, rightholders\nhave the right to manage individual works within their collective management organisation.\n[Consistent with draft opinion from CULT.]","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2"]],"meps":[108570,96873],"meta":{"created":"2019-07-03T05:30:57"},"new":["2. Rightholders shall have the right to","authorise a collective management","organisation of their choice to manage the","rights, categories of rights, works 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 collective","management organisation or the","rightholder."],"old":["2. Rightholders shall have the right to","authorise a collecting society 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 rightholder."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"71","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-72","justification":"Flexibility should be given to rightholders in the management of their works: rightholders\nshould have the right to decide that their works could be used under free licenses, such as\nCreative Commons, without jeopardising their membership in the collective management\norganisation which represents them. [Consistent with draft opinion from CULT.]","location":[["Proposal for a directive","Article 5 \u2013 paragraph 2 a (new)"]],"meps":[108570],"meta":{"created":"2019-07-03T05:30:57"},"new":["2a. Rightholders shall have the right to","grant free licences for use of their works","and rights. In this case, rightholders shall","inform in due time the collective","management organisations authorised to","manage the rights of such works that such","a free license has been granted."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"72","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-73","justification":" Rightholders should retain the right to freely decide over the rights to their own works. In\n some EU member states and in other countries, for instance in the United States, rightholders\n have the right to withdraw individual works from their collective management organisation.\n [Consistent with draft opinion from CULT.]","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 3"]],"meps":[108570],"meta":{"created":"2019-07-03T05:30:57"},"new":["3. Rightholders shall have the right to","terminate the authorisation to manage","rights, categories of rights, works or types","of works and other subject matter granted","to a collective management organisation","or to withdraw from a collective","management organisation any of the","rights or categories of rights, works or","types of works and other subject matter of","their choice, at any time during the term","of the authorisation, for the Member","States of their choice, upon serving","reasonable notice not exceeding six","months. The collective management","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."],"old":["3. Rightholders shall have the right to","terminate the authorisation to manage","rights, categories of rights or types of","works and other subject matter granted to a","collecting society or to withdraw from a","collecting society any of the rights or","categories of 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 society 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."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"73","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Britta Thomsen","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-74","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 3"]],"meps":[28153],"meta":{"created":"2019-07-03T05:30:57"},"new":["3. Members shall have the right to","terminate the authorisation to manage","rights, categories of rights or types of","works and other subject matter granted to a","collecting society or to withdraw from a","collecting society any of the rights or","categories of 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 society 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."],"old":["3. Rightholders shall have the right to","terminate the authorisation to manage","","","rights, categories of rights or types of","works and other subject matter granted to a","collecting society or to withdraw from a","collecting society any of the rights or","categories of 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 society 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."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"74","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Britta Thomsen","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-75","location":[["Proposal for a directive","Article 5 \u2013 paragraph 4"]],"meps":[28153],"meta":{"created":"2019-07-03T05:30:57"},"new":["4. If there are amounts due to a member for","acts of exploitation which occurred before","the termination of the authorisation or the","withdrawal of rights took effect, or under a","licence granted before such termination or","withdrawal took effect, the member shall","retain his rights under Articles 12, 16, 18","and 34 with respect to those acts of","exploitation."],"old":["4. If there are amounts due to a rightholder","for acts of exploitation which occurred","before the termination of the authorisation","or the withdrawal of rights took effect, or","under a licence granted before such","termination or withdrawal took effect, the","rightholder shall retain his rights under","Articles 12, 16, 18 and 34 with respect to","those acts of exploitation."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"75","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Britta Thomsen","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-76","location":[["Proposal for a directive","Article 5 \u2013 paragraph 5"]],"meps":[28153],"meta":{"created":"2019-07-03T05:30:57"},"new":["5. Collecting societies 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 society. Notwithstanding this","provision, collecting societies which","administer the right of performers and","phonogram producers to a single","equitable remuneration according to","Article 8, paragraph 2, of Directive","2006/115/EC, may require that the","management of these rights is transferred","to another collecting society established in","the Union."],"old":["5. Collecting societies 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 society."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"76","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-77","justification":"As per articles 5.2-5.3.","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 5"]],"meps":[108570],"meta":{"created":"2019-07-03T05:30:57"},"new":["5. Collective 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, works or type of works","and other subject matter which are subject","to the termination or the withdrawal are","entrusted to another collective","management organisation."],"old":["5. Collecting societies 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 society."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"77","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Britta Thomsen","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-78","location":[["Proposal for a directive","Article 5 \u2013 paragraph 6"]],"meps":[28153],"meta":{"created":"2019-07-03T05:30:57"},"new":["6. Member States shall ensure that the","member gives express consent specifically","for each right or category of rights or type","of works and other subject matter which","that member authorises the collecting","society to manage and that any such","consent is evidenced in documentary form.","This paragraph does not apply to the","arrangements in the Member states","concerning the administration of rights","through extended collective licenses, legal","presumption of representation or transfer,","mandatory collective management or","similar arrangements or a combination of","them."],"old":["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 society to manage and that","any such consent is evidenced in","documentary form."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"78","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Jens Rohde","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-79","justification":" Collective societies shall not be obligated to get consent from right holders that are covered\n by extended collective licenses or similar schemes in a member state. The amendment has\n thus the purpose to secure the continuation of well functioning systems of collective\n management of copyright and ensure rights holders' income and users' possibilities to obtain\n rights clearances and licenses.","location":[["Proposal for a directive","Article 5 \u2013 paragraph 6"]],"meps":[96710],"meta":{"created":"2019-07-03T05:30:57"},"new":["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 society to manage and that any","such consent is evidenced in documentary","form; this paragraph does not apply to the","arrangements in the Member States","concerning the administration of rights","through extended collective licenses, legal","presumptions of representation or","transfer, mandatory collective","management or similar arrangements or a","combination of them."],"old":["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 society to manage and that any","","","such consent is evidenced in documentary","form."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"79","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-80","justification":" As per articles 5.2-5.3. [Consistent with draft opinion from CULT and main draft report in\n JURI]","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 6"]],"meps":[108570],"meta":{"created":"2019-07-03T05:30:57"},"new":["6. Member States shall ensure that the","rightholder gives express consent","specifically for each right or category of","rights, works or type of works and other","subject matter which that rightholder","authorises the collective management","organisation to manage and that any such","consent is evidenced in documentary form."],"old":["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 society to manage and that any","such consent is evidenced in documentary","form."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"80","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-81","justification":"Against the background of highly problematic governance in many European collective\nmanagement organisations in recent years, there is a strong need to facilitate external audits\nso that real independence and diligence in the auditing can be assured. [Consistent with draft\nopinion from CULT.]","location":[["Proposal for a directive","Article 5 \u2013 paragraph 7 a (new)"]],"meps":[108570],"meta":{"created":"2019-07-03T05:30:58"},"new":["7a. Without prejudice to Article 20(4),","rightholders shall have the right to","request external independent audits of","their collective management organisation","at any time during the term of the","authorisation."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"81","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Britta Thomsen","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-82","location":[["Proposal for a directive","Article 5 \u2013 paragraph 7 a (new)"]],"meps":[28153],"meta":{"created":"2019-07-03T05:30:58"},"new":["7a. Where a collective management","organization has as members entities","representing right holders, the","information under paragraph 3-7 shall be","provided to these entities."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"82","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Rolandas Paksas","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-83","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 2"]],"meps":[96694],"meta":{"created":"2019-07-03T05:30:58"},"new":["2. Collecting societies shall only refuse a","request for membership on the basis of","objective criteria. These criteria shall be","included in the statute or the membership","terms of the collecting society and shall be","made publicly available."],"old":["2. Collecting societies shall accept","rightholders as members if they fulfil the","membership requirements. They may only","refuse a request for membership on the","basis of objective criteria. These criteria","shall be included in the statute or the","membership terms of the collecting society","and shall be made publicly available."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"83","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-84","justification":" Clarification needed with respect to Article 3.c. Denying membership on the basis of\n discriminatory criteria should be prohibited. [Consistent with draft opinion from IMCO.]","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 2"]],"meps":[108570],"meta":{"created":"2019-07-03T05:30:58"},"new":["2. 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These criteria","shall be included in the statute or the","membership terms of the collecting society","and shall be made publicly available."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"84","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00fcrgen Creutzmann","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-85","justification":"There might be cases where a membership should be refused.","location":[["Proposal for a directive","Article 6 \u2013 paragraph 2"]],"meps":[96873],"meta":{"created":"2019-07-03T05:30:58"},"new":["2. Collecting management societies may","only refuse a request for membership on","the basis of objective criteria. These","criteria shall be included in the statute or","the membership terms of the collecting","society and shall be made publicly","available."],"old":["2. Collecting societies shall accept","rightholders as members if they fulfil the","membership requirements. They may only","refuse a request for membership on the","basis of objective criteria. These criteria","shall be included in the statute or the","membership terms of the collecting society","and shall be made publicly available."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"85","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Rolandas Paksas","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-86","location":[["Proposal for a directive","Article 6 \u2013 paragraph 3"]],"meps":[96694],"meta":{"created":"2019-07-03T05:30:58"},"new":["3. The statute of the collecting society shall","provide for appropriate and effective","mechanisms of participation of its","members in the collecting society's","decision-making process. The","representation of the different categories of","members at all levels of the decision-","making process shall be fair and balanced."],"old":["3. The statute of the collecting society shall","provide for appropriate and effective","mechanisms of participation of its","members in the collecting society's","decision-making process. The","representation of the different categories of","members in the decision-making process","shall be fair and balanced."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"86","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Lena Kolarska-Bobi\u0144ska","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-87","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 5 a (new)"]],"meps":[96785],"meta":{"created":"2019-07-03T05:30:58"},"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."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"87","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-88","justification":" Clearer language. [Consistent with draft opinion from CULT.]","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 3"]],"meps":[108570],"meta":{"created":"2019-07-03T05:30:58"},"new":["3. The statute and the membership terms of","the collective management organisation","as well as any amendments thereof shall","be adopted by the general meeting."],"old":["3. The general meeting shall approve any","amendments to the statute and the","membership terms of the collecting","society, where those terms are not","regulated by the statute."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"88","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter, J\u00fcrgen Creutzmann","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-89","justification":"The relationship between the general meeting and the directors should be clear. [Consistent\nwith draft opinion from IMCO.]","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 4 \u2013 subparagraph 1"]],"meps":[108570,96873],"meta":{"created":"2019-07-03T05:30:58"},"new":["The general meeting shall have the power","to decide on the appointment or dismissal","of the directors, monitor their general","performance and approve their","remuneration and other benefits such as","non-monetary benefits, pension awards,","right to other awards and rights to","severance pay."],"old":["The general meeting shall have the power","to decide on the appointment or dismissal","of the directors and approve their","remuneration and other benefits such as","non-monetary benefits, pension awards,","right to other awards and rights to","severance pay."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"89","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-90","justification":"The deletion of this paragraph is a consequence of the proposed changes to Article 12.2.","location":[["Proposal for a directive","Article 7 \u2013 paragraph 5 \u2013 point b"]],"meps":[108570],"meta":{"created":"2019-07-03T05:30:58"},"new":["deleted"],"old":["(b) the use of the amounts due to","rightholders which cannot be distributed","as set out in Article 12(2) except where","the general meeting decides to delegate","this decision to the body exercising the","supervisory function;"],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"90","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-91","justification":" With a recent history of problematic governance in many European collective management\n organisations, there is a strong need to facilitate external audits so that real independence\n and diligence can be ensured. [Consistent with draft opinion from CULT.]","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 6"]],"meps":[108570],"meta":{"created":"2019-07-03T05:30:58"},"new":["6. The general meeting shall control the","activities of the collective 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. If the","financial management practice of the","collective management organisation, is","reasonably in doubt, the general meeting","may decide to conduct an external audit.","The result of such external audit shall be","communicated to all members and to the","public."],"old":["6. The general meeting shall control the","activities of the collecting society by, at","least, deciding on the appointment and","removal of the auditor and approving the","annual transparency report and the auditor's","report."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"91","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-92","justification":"Broad participation and efficient voting should be encouraged. [Consistent with draft opinion\nfrom CULT.]","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 7 \u2013 subparagraph 1 \u2013 introductory part"]],"meps":[108570],"meta":{"created":"2019-07-03T05:30:58"},"new":["Every member of a collective management","organisation shall have the right to vote at","the general meeting, including, where","appropriate, by electronic vote. 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Since the income\ndistribution of rights holders in collective management organisations is extremely unequal,\nrestricting voting power according to amounts received may give rise to unreasonably large\ndifferences in influence.","location":[["Proposal for a directive","Article 7 \u2013 paragraph 7 \u2013 subparagraph 1 \u2013 point b"]],"meps":[108570],"meta":{"created":"2019-07-03T05:30:58"},"new":["deleted"],"old":["(b) amounts received or due to a member","in relation to the specified financial","period."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"93","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Rolandas Paksas","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-94","location":[["Proposal for a directive","Article 7 \u2013 paragraph 8"]],"meps":[96694],"meta":{"created":"2019-07-03T05:30:58"},"new":["8. Every member of a collecting society","shall have the right to appoint any other","natural or legal person that is a member of","that collecting society as a proxy holder to","attend and vote at the general meeting in","his name. When a collective management","organisation represents more than one","category of right holders, a member may","only give a proxy to another member from","the same category. The number of proxies","that may be held by a single member shall","be capped."],"old":["8. Every member of a collecting society","shall have the right to appoint any other","natural or legal person as a proxy holder to","attend and vote at the general meeting in","his name.",""],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"94","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-95","justification":" To avoid that music publishers and/or record companies make it a standard practice to\n demand a permanent proxy from new artists that they sign a contract with, which over time\n would allow them to take control of the collecting societies. [Consistent with draft opinion\n from CULT.]","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 8"]],"meps":[108570],"meta":{"created":"2019-07-03T05:30:58"},"new":["8. 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Every member of a collecting society","shall have the right to appoint any other","natural or legal person as a proxy holder to","attend and vote at the general meeting in","his name."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"95","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-96","justification":"Maintaining the balance between the different categories of members is of great importance\nto artists and authors and should be made explicit. [Consistent with draft opinion from\nCULT.]","location":[[" Proposal for a directive","Article 8 \u2013 paragraph 1"]],"meps":[108570],"meta":{"created":"2019-07-03T05:30:58"},"new":["1. 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There shall be fair","and balanced representation of the","members of the collecting society in the","body exercising this function in order to","ensure their effective participation."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"96","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-97","justification":"A requirement to meet \"regularly\" is too vague and would benefit from being defined more\nclearly.","location":[["Proposal for a directive","Article 8 \u2013 paragraph 2 \u2013 introductory part"]],"meps":[108570],"meta":{"created":"2019-07-03T05:30:59"},"new":["2. The body entrusted with the supervisory","function shall meet no less than every","three months and shall have at least the","following powers:"],"old":["2. The body entrusted with the supervisory","function shall meet regularly and shall","have at least the following powers:"],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"97","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter, J\u00fcrgen Creutzmann","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-98","justification":" Informing the general meeting is standard practice in organizational good governance.\n [Consistent with draft opinion from IMCO.]","location":[[" Proposal for a directive","Article 8 \u2013 paragraph 2 a (new)"]],"meps":[108570,96873],"meta":{"created":"2019-07-03T05:30:59"},"new":["2a. The body entrusted with the","supervisory function shall report on the","exercise of its responsibilities to the","general meeting provided for in Article 7."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"98","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-99","justification":" Conflicts of interest needs to be disclosed before a manager or director takes up his or her\n duties. Consistent with Recital 14. [Consistency with draft opinion from CULT.]","location":[[" Proposal for a directive","Article 9 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013"]],"meta":{"created":"2019-07-03T05:30:59"},"new":["Those procedures shall include an","individual statement by each of those","persons and directors, to the body entrusted","with the supervisory function, to the","members and publicly accessible through","the website of the collective management","organisation. The statement shall be made","before each of those persons take up their","duties and shall thereafter be renewed","annually. 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Additionally, collective management organisations should only collect on\nbehalf of actual members and rightholders whose rights they manage under a representation\nagreement.","location":[["Proposal for a directive","Article 10 \u2013 paragraph 1"]],"meps":[108570],"meta":{"created":"2019-07-03T05:30:59"},"new":["1. Collective management organisations","shall be diligent, accurate and transparent","in the collection and the management of","rights revenue. Collective management","organizations shall ensure that they only","collect rights revenue on behalf of","rightholders whose rights it is authorised","to represent."],"old":["1. 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Member States shall ensure that","agreements governing the relationship of","the collecting society with its members","shall specifically authorise deductions","applicable to the rights revenue referred to","in point (e) of Article 16."],"old":["1. Member States shall ensure that","agreements governing the relationship of","the collecting society with its members and","rightholders shall specify deductions","applicable to the rights revenue referred to","in point (e) of Article 16."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"102","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Rolandas Paksas","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-103","location":[[" Proposal for a directive","Article 11 \u2013 paragraph 2 \u2013 introductory part"]],"meps":[96694],"meta":{"created":"2019-07-03T05:30:59"},"new":["2. Member States shall ensure that, where a","collecting society provides social, cultural","or educational services funded through","deductions from rights revenue, such","services shall be provided on the basis of","fair criteria, in particular in relation to","the access to and the extent of those","services."],"old":["2. Member States shall ensure that, where a","collecting society provides social, cultural","or educational services funded through","deductions from rights revenue,","rightholders are entitled to the following:"],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"103","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Rolandas Paksas","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-104","location":[["Proposal for a directive","Article 11 \u2013 paragraph 2 \u2013 point a"]],"meps":[96694],"meta":{"created":"2019-07-03T05:30:59"},"new":["deleted"],"old":["(a) social, cultural or educational services","on the basis of fair criteria, in particular","in relation to the access to and the extent","of those services;"],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"104","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Rolandas Paksas","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-105","location":[["Proposal for a directive","Article 11 \u2013 paragraph 2 \u2013 point b"]],"meps":[96694],"meta":{"created":"2019-07-03T05:30:59"},"new":["deleted"],"old":["(b) rightholders who have terminated the","authorisation to manage rights or","categories of rights or types of works and","other subject matter or who have","withdrawn their rights or categories of","rights or types of works and other subject","matter from the collecting society,","continue to have access to those services.","The criteria in relation to the access to","and the extent of those services may take","into consideration the rights revenue","generated by those rightholders and the","duration of the authorisation to manage","rights, provided that such criteria are also","applicable to rightholders who have not","terminated such authorisation or have not","withdrawn their rights or categories of","rights or types of works and other subject","matter from the collecting society."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"105","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Lara Comi, Aldo Patriciello","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-106","justification":" Timely distribution by collecting societies is only possible when users provide timely\n information on the uses made by different contents.","location":[[" Proposal for a directive","Article 12 \u2013 paragraph 1"]],"meps":[96775,36392],"meta":{"created":"2019-07-03T05:30:59"},"new":["1. Member States shall ensure that the","collecting society regularly and diligently","distributes and pays amounts due to all","rightholders it represents and this on the","basis of the information provided by users","within 6 months after the use of the","content. The collecting society shall carry","out such distribution and payments no later","than 12 months from the end of the","financial year in which the rights revenue","was collected, unless objective reasons","related in particular to reporting by users,","the identification of rights, rightholders or","to the matching of information on works","and other subject matter with rightholders","prevent the collecting society from","respecting this deadline. The collecting","society shall carry out such distribution and","payments accurately, ensuring equal","treatment of all categories of rightholders."],"old":["1. Member States shall ensure that the","collecting society regularly and diligently","distributes and pays amounts due to all","rightholders it represents. The collecting","society shall carry out such distribution and","payments no later than 12 months from the","end of the financial year in which the rights","revenue was collected, unless objective","reasons related in particular to reporting by","users, the identification of rights,","rightholders or to the matching of","information on works and other subject","matter with rightholders prevent the","collecting society from respecting this","deadline. The collecting society shall carry","out such distribution and payments","accurately, ensuring equal treatment of all","categories of rightholders."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"106","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-107","justification":"The delays with which many collective management organisations distribute the money they\nowe is experienced as a big problem for many artists and authors. The draft directive\nproposes that the organisations should be allowed to keep the money for up to two years. This\nis hardly reasonable. Collective management organisations that currently do not meet higher\ntargets need incentives to improve the efficiency of their administrative routines.","location":[[" Proposal for a directive","Article 12 \u2013 paragraph 1"]],"meps":[108570],"meta":{"created":"2019-07-03T05:30:59"},"new":["1. Member States shall ensure that the","collective management organisations","regularly and diligently distributes and","pays amounts due to all rightholders it","represents. The collective management","organisation shall carry out such","distribution and payments without undue","delay and no later than three months after","the rights revenue was collected, unless","objective reasons related in particular to","reporting by users, the identification of","rights, rightholders or to the matching of","information on works and other subject","matter with rightholders prevent the","collective management organisation from","respecting this deadline. The collective","management organisation shall carry out","such distribution and payments accurately,","ensuring equal treatment of all categories","of rightholders."],"old":["1. Member States shall ensure that the","","","collecting society regularly and diligently","distributes and pays amounts due to all","rightholders it represents. The collecting","society shall carry out such distribution and","payments no later than 12 months from","the end of the financial year in which the","rights revenue was collected, unless","objective reasons related in particular to","reporting by users, the identification of","rights, rightholders or to the matching of","information on works and other subject","matter with rightholders prevent the","collecting society from respecting this","deadline. The collecting society shall carry","out such distribution and payments","accurately, ensuring equal treatment of all","categories of rightholders."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"107","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Hannu Takkula","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-108","location":[["Proposal for a directive","Article 12 \u2013 paragraph 1"]],"meps":[28316],"meta":{"created":"2019-07-03T05:30:59"},"new":["1. Member States shall ensure that the","collecting society regularly and diligently","distributes and pays amounts due to all","rightholders it represents. The collecting","society shall carry out such distribution and","payments without undue delay and no","later than 6 months from the end of the","financial year in which the rights revenue","was collected, unless objective reasons","related in particular to reporting by users,","the identification of rights, rightholders or","to the matching of information on works","and other subject matter with rightholders","prevent the collecting society from","respecting this deadline. The collecting","society shall carry out such distribution and","payments accurately, ensuring equal","treatment of all categories of rightholders."],"old":["1. Member States shall ensure that the","collecting society regularly and diligently","distributes and pays amounts due to all","rightholders it represents. The collecting","society shall carry out such distribution and","payments no later than 12 months from the","end of the financial year in which the rights","","revenue was collected, unless objective","reasons related in particular to reporting by","users, the identification of rights,","rightholders or to the matching of","information on works and other subject","matter with rightholders prevent the","collecting society from respecting this","deadline. The collecting society shall carry","out such distribution and payments","accurately, ensuring equal treatment of all","categories of rightholders."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"108","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Jens Rohde, J\u00fcrgen Creutzmann","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-109","location":[[" Proposal for a directive","Article 12 \u2013 paragraph 1"]],"meps":[96710,96873],"meta":{"created":"2019-07-03T05:30:59"},"new":["1. Member States shall ensure that the","collecting society regularly and diligently","distributes and pays amounts due to all","rightholders it represents. The collecting","society shall carry out such distribution and","payments no later than six months from the","end of the financial year in which the rights","revenue was collected, unless objective","reasons related in particular to reporting by","users, the identification of rights,","rightholders or to the matching of","information on works and other subject","matter with rightholders prevent the","collecting society from respecting this","deadline. The collecting society shall carry","out such distribution and payments","accurately, ensuring equal treatment of all","categories of rightholders."],"old":["1. Member States shall ensure that the","collecting society regularly and diligently","distributes and pays amounts due to all","rightholders it represents. The collecting","society shall carry out such distribution and","payments no later than 12 months from the","end of the financial year in which the rights","revenue was collected, unless objective","reasons related in particular to reporting by","users, the identification of rights,","rightholders or to the matching of","information on works and other subject","matter with rightholders prevent the","collecting society from respecting this","deadline. The collecting society shall carry","out such distribution and payments","accurately, ensuring equal treatment of all","categories of rightholders."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"109","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Eija-Riitta Korhola","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-110","justification":"The Directive should provide that where the CMO decides to distribute amounts relating to\nunidentified rightholders, the collecting society ensures that the revenue is distributed in\nproportion to the revenues received by rightholders for the relevant financial year. In\naddition, in a number of countries the statutory prescription period for civil law claims may\nbe shorter or longer than five years, e.g. three or ten years. Therefore, the article should\nallow CMOs to distribute unidentified amounts before the five years period expires if the local\n\n law so allows and oblige the CMOs to make adequate provisions for future claims if money is\n distributed before the expiry of the longer statutory prescription period.","location":[["Proposal for a directive","Article 12 \u2013 paragraph 2"]],"meps":[4260],"meta":{"created":"2019-07-03T05:31:00"},"new":["2. Where the amounts due to rightholders","cannot be distributed, after five years from","the end of the financial year in which the","collection of the rights revenue occurred,","and provided that the collective","management organisation has taken all","necessary measures to identify and locate","the rightholders, the collective","management organisation shall decide on","the use of the amounts concerned in","accordance with Article 7(5)(b), provided","that the collective management","organisation ensures that the revenue is","distributed in proportion to the revenues","received by rightholders for the relevant","financial year. Collective management","organisations may distribute amounts due","to rightholders who cannot be identified","before the expiration of the five-year","period if allowed under national law.","Where, under national law, the","prescription period is longer than five","years, collective management","organisations shall make adequate","provisions for future claims without","prejudice to the right of the rightholder to","claim such amounts from the collective","management organisation."],"old":["2. Where the amounts due to rightholders","cannot be distributed, after five years from","the end of the financial year in which the","collection of the rights revenue occurred,","and provided that the collecting society has","taken all necessary measures to identify","and locate the rightholders, the collecting","society shall decide 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 society."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"110","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-111","justification":" Allowing the collective management organisation to keep the money will provide an incentive\n for the organisation not to perform a true diligent search for the real rightholders. A fund\n managed by the Member State may also be beneficial in promoting cultural diversity.\n Additionally, the suggested five years is a long period of time \u2013 it is very unlikely that a\n missing rights holder will be found after year three or four. [Consistency with draft opinions\n from CULT and IMCO.]","location":[[" Proposal for a directive","Article 12 \u2013 paragraph 2"]],"meps":[108570],"meta":{"created":"2019-07-03T05:31:00"},"new":["2. Where the amounts due to rightholders","cannot be distributed, after three years","from the end of the financial year in which","the collection of the rights revenue","occurred, because the collective","management organisation failed to","identify and locate the rightholders, the","money shall be paid to a fund set up and","managed for this purpose by the Member","State in which the money is collected. The","fund is thereafter responsible for any","claims from reappearing rightholders."],"old":["2. Where the amounts due to rightholders","cannot be distributed, after five years from","the end of the financial year in which the","collection of the rights revenue occurred,","and provided that the collecting society","has taken all necessary measures to","identify and locate the rightholders, the","collecting society shall decide 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 society."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"111","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Jens Rohde, J\u00fcrgen Creutzmann","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-112","location":[[" Proposal for a directive","Article 12 \u2013 paragraph 2"]],"meps":[96710,96873],"meta":{"created":"2019-07-03T05:31:00"},"new":["2. Where the amounts due to rightholders","cannot be distributed, after three years","from the end of the financial year in which","the collection of the rights revenue","occurred, and provided that the collecting","society has taken all necessary measures to","identify and locate the rightholders, the","collecting society shall decide 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 society."],"old":["2. Where the amounts due to rightholders","","cannot be distributed, after five years from","the end of the financial year in which the","collection of the rights revenue occurred,","and provided that the collecting society has","taken all necessary measures to identify","and locate the rightholders, the collecting","society shall decide 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 society."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"112","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Britta Thomsen","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-113","location":[["Proposal for a directive","Article 12 \u2013 paragraph 2"]],"meps":[28153],"meta":{"created":"2019-07-03T05:31:00"},"new":["2. Where the amounts due to rightholders","cannot be distributed, after three years","from the end of the financial year in which","the collection of the rights revenue","occurred, and provided that the collecting","society has taken all necessary measures to","identify and locate the rightholders, the","collecting society shall decide 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 society."],"old":["2. Where the amounts due to rightholders","cannot be distributed, after five years from","the end of the financial year in which the","collection of the rights revenue occurred,","and provided that the collecting society has","taken all necessary measures to identify","and locate the rightholders, the collecting","society shall decide 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 society."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"113","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter, J\u00fcrgen Creutzmann","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-114","justification":" Collective management organisations may indefinitely postpone making available of any list\n of works, unless this is specified in terms of time. [Consistency with draft opinions from\n CULT and IMCO.]","location":[["Proposal for a directive","Article 12 \u2013 paragraph 3"]],"meps":[108570,96873],"meta":{"created":"2019-07-03T05:31:00"},"new":["3. For the purposes of paragraph 2, the","collective management organisation shall","put in place effective measures to identify","and locate rightholders while ensuring","appropriate safeguards to deter fraud.","Such measures shall include verifying","membership records and making available","regularly and at least annually to the","members of the collective management","organisation as well as to the public a list","of works and other subject matter for","which one or more rightholders have not","been identified or located."],"old":["3. For the purposes of paragraph 2,","measures to identify and locate","rightholders shall include verifying","membership records and making available","to the members of the collecting society as","well as to the public a list of works and","other subject matter for which one or more","rightholders have not been identified or","located."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"114","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Britta Thomsen","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-115","location":[[" Proposal for a directive","Article 12 \u2013 paragraph 3"]],"meps":[28153],"meta":{"created":"2019-07-03T05:31:00"},"new":["3. For the purposes of paragraph 2,","measures to identify and locate","rightholders shall include verifying","membership records and making available","to the members of the collecting society as","well as to the public a list of works and","other subject matter for which one or more","rightholders have not been identified or","located. Where due to the scope of activity","of the collective management","organisation such works or other subject","matter cannot be determined, the","categories of works or of other subject","matter it represents, the rights it manages","and the territories covered;"],"old":["3. For the purposes of paragraph 2,","measures to identify and locate","rightholders shall include verifying","membership records and making available","to the members of the collecting society as","well as to the public a list of works and","other subject matter for which one or more","rightholders have not been identified or","located.","",""],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"115","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00fcrgen Creutzmann","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-116","justification":"The original wording restricted the freedom to contract disproportionately.","location":[["Proposal for a directive","Article 15 \u2013 paragraph 2 \u2013 subparagraph 1"]],"meps":[96873],"meta":{"created":"2019-07-03T05:31:00"},"new":["Licensing terms shall take into account","objective criteria, in particular in relation to","tariffs."],"old":["Licensing terms shall be based on","objective criteria, in particular in relation to","tariffs."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"116","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Hannu Takkula","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-117","location":[["Proposal for a directive","Article 15 \u2013 paragraph 2 \u2013 subparagraph 1"]],"meps":[28316],"meta":{"created":"2019-07-03T05:31:00"},"new":["Licensing terms shall be based on equal","and non-discriminatory criteria, in","particular in relation to tariffs."],"old":["Licensing terms shall be based on objective","criteria, in particular in relation to tariffs."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"117","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Eija-Riitta Korhola","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-118","justification":" In accordance with the case law of the CJEU (ruling of 6 February 2003, C-245/00, SENA\n and NOS and ruling of 30 June 2011, C-271/10, VEWA), the right to equitable remuneration\n should be assessed in the light of the value of the use for which it is provided in trade. The\n tariffs for the rights to equitable remuneration should therefore be treated on an equal footing\n as the tariffs for exclusive rights. In addition, the notion of service provided would be better\n reflected by the benefits which users derive from the collective management of rights. The\n economic benefit for users that ought to be taken into account consists for instance of the\n reduction of the number of licensing transactions from thousands or tens of thousands to a\n few or even one in some cases.","location":[[" Proposal for a directive","Article 15 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meps":[4260],"meta":{"created":"2019-07-03T05:31:00"},"new":["Tariffs for exclusive rights and rights to","equitable remuneration shall reflect the","economic value of the rights in trade and","the economic benefit that users derive","from the collective management of rights."],"old":["Tariffs for exclusive rights shall reflect the","economic value of the rights in trade and of","the service provided by the collecting","society."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"118","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00fcrgen Creutzmann","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-119","justification":" It is unclear whether the economic value of a right can always be determined up front and\n whether this does not create legal uncertainties since parties could challenge the agreement\n due to differing views on the economic value.","location":[[" Proposal for a directive","Article 15 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meps":[96873],"meta":{"created":"2019-07-03T05:31:00"},"new":["Tariffs for exclusive rights shall take into","account the economic value of the rights in","trade and of the service provided by the","collecting society."],"old":["Tariffs for exclusive rights shall reflect the","economic value of the rights in trade and of","the service provided by the collecting","society."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"119","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Eija-Riitta Korhola","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-120","location":[["Proposal for a directive","Article 15 \u2013 paragraph 2 \u2013 subparagraph 3"]],"meps":[4260],"meta":{"created":"2019-07-03T05:31:00"},"new":["In the absence of any national law which","establishes the amounts due to rightholders","in respect of a right to compensation, the","collective management organisation shall","base its own determination of those","amounts due, on the economic value of","those rights in trade."],"old":["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 trade."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"120","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Eija-Riitta Korhola","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-121","justification":" Obligations of efficiency on CMOs should be accompanied by corresponding obligations on\n users. These obligations are necessary to ensure that the CMOs are in turn able to meet the\n efficiency obligations imposed on them by the Directive In particular, failure by the users to\n report in an adequate and timely manner the use of works (and other subject matter) or late\n payment by users are likely to hamper the efficient operation of CMOs. One way to\n incentivize users to cooperate with collecting societies in a businesslike manner is to\n expressly allow collecting societies to charge users for the extra administrative work caused\n by lack of cooperation. Whenever there is a generally applicable tariff (either agreed or\n determined by a competent court or tribunal) users should make prompt and voluntary\n payments of the applicable licence fees or remuneration. Where users fail to pay such licence\n fees or remuneration in a timely manner, collecting societies should be allowed to charge\n additional fees to users that fail to pay voluntarily to cover the extra administrative costs\n caused by them.","location":[["Proposal for a directive","Article 15 \u2013 paragraph 3 a (new)"]],"meps":[4260],"meta":{"created":"2019-07-03T05:31:00"},"new":["3a. Users should report to collective","management organisations on their use of","works and other subject matter in an","agreed format, and in a timely and","accurate manner, in order to allow","collective management organisations to","determine applicable fees and to distribute","the amounts due to rightholders","accurately and in accordance with the","obligations imposed by this Directive.","Where users fail to report to collective","management organisations in a manner","that enables the collective management","organisations to make timely and accurate","distributions to individual rightholders,","Member States shall ensure that collective","management organisations shall be","discharged of their obligations under this","Directive related to distribution of","revenues to individual rightholders, and","the collective management organisations","may charge such users additional fees to","cover the additional administrative costs","caused by missing or insufficient usage","reports"],"old":[""],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"121","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Lara Comi, Aldo Patriciello","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-122","justification":"Reports from users in the digital environment and beyond are required in order to identify the\nuse of protected works. Without this provision, the distribution of author\u2019s rights and related\nrights would continue to be hammered by the lack of data which are necessary to ensure a\nproportionate and analytical distribution of the effective use of works. Data are often\nprovided in an incomplete and inaccurate manner. The increase of devices and the\ndissemination of copyright works require that collecting societies could obtain timely and\naccurate data from users on their use of music works.","location":[[" Proposal for a directive","Article 15 \u2013 paragraph 3 a (new)"]],"meps":[96775,36392],"meta":{"created":"2019-07-03T05:31:00"},"new":["3a. In order to ensure a timely, fair and","transparent distribution of rights,","collecting societies shall require to users","to receive the analytical accounts of the","works used, according to the standards","reports provided by collecting societies or","in use in the sector, no later than 6","months after the use of the music work."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"122","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Eija-Riitta Korhola","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-123","location":[["Proposal for a directive","Article 15 \u2013 paragraph 3 b (new)"]],"meps":[4260],"meta":{"created":"2019-07-03T05:31:00"},"new":["3b. Users should pay licence fees and","remunerations to the collective","management organisations in a timely","manner whenever there is a generally","applicable or court-determined tariff in","force. Where users fail to pay such licence","fees or remuneration in a timely manner,","Member States shall ensure that collective","management organisations may charge","such users additional fees to cover the","administrative costs caused by the failure","to voluntarily pay the licence fees or","remunerations."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"123","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-124","justification":" A cooperation procedure on invoicing will facilitate simpler invoices and payments for users\n and mitigate problems of high transaction costs and multiple invoicing. [Consistent with draft\n opinion from IMCO.]","location":[["Proposal for a directive","Article 15 a (new)"]],"meps":[108570],"meta":{"created":"2019-07-03T05:31:01"},"new":["Article 15 a","Reporting and invoicing","1. Collecting societies shall establish","appropriate 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 societies shall establish a","cooperation procedure among themselves","for the benefit of their rightholders,","members and users. Such a cooperation","procedure shall include at least pooling of","information on the licences issued and the","use of works in a common database,","coordinated and joint invoicing and","collection of rights revenues.","3. The cooperation procedure referred to","in paragraph 2 shall enable the collecting","societies to coordinate the invoicing of the","users in such a way that a single user","receives a single joint invoice in respect of","the rights in the works which have been","licensed. The single invoice shall be","transparent and shall identify the","collecting societies concerned, the lists of","works and other protected subject-matter","which have been licensed and the","corresponding actual uses. The invoice","should also indicate clearly at least the","proportionate amounts due to","rightholders and the amounts to be used","to cover management fees."],"old":[""],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"124","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Lena Kolarska-Bobi\u0144ska","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-125","location":[["Proposal for a directive","Article 15 a (new)"]],"meps":[96785],"meta":{"created":"2019-07-03T05:31:01"},"new":["Article 15 a","Information provided to collective","management organisations","Member States shall ensure that collective","management organisations have the right","to request from users to provide any","information and documents necessary to","determine the nature and scope of the use","of works and other protected subject-","matter they represent, as well as the","amounts of rights revenue. When","necessary, these information and","documents should be provided in an","electronic form allowing for its processing","by the collective management","organisation."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"125","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00fcrgen Creutzmann","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-126","justification":" Taking up the proposed amendment of the rapporteur. However, there cannot be strict\n deadlines as licencing agreements can differ significantly in their complexity, depending e.g.\n on what type or number of rights are concerned.","location":[["Proposal for a directive","Article 15 a (new)"]],"meps":[96873],"meta":{"created":"2019-07-03T05:31:01"},"new":["Article 15a","Collective management organisations","shall respond to communications from","persons requesting a license for online","services within a reasonable time period","and shall propose a license within 6","months of receiving a request for a license","with the relevant information. If a","collective management organisation does","not comply with these deadlines, the","person requesting a license shall be","entitled to access dispute resolution","pursuant to Articles 35, 36 and 37."],"old":[""],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"126","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-127","justification":"Standardized and efficient invoicing will contribute to lower transaction costs. All users need\nto be able to challenge the accuracy of invoices. [Consistency with draft opinion from CULT.]","location":[[" Proposal for a directive","Article 15 b (new)"]],"meps":[108570],"meta":{"created":"2019-07-03T05:31:01"},"new":["Article 15b","Invoicing standards","1. Collective management organisations,","as well as commercial operators, as","defined in point (aa) of Article 3, shall","invoice users by electronic means,","whenever possible. Collective","management organisations and","commercial operators shall offer the use","of a least one format which takes into","account voluntary industry standards or","practices developed at international or","Union level.","2. Collective management organisations","and commercial operators shall invoice","online music service providers accurately","and without delay after the actual use of","the works.","3. Collecting management organisations","and commercial operators shall have","adequate procedures in place for the user","to challenge the accuracy of the invoice,","including when the user receives invoices","from one or more collective management","organisations or commercial operators for","the same rights in the same works."],"old":["",""],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"127","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Lena Kolarska-Bobi\u0144ska","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-128","location":[["Proposal for a directive","Article 15 b (new)"]],"meps":[96785],"meta":{"created":"2019-07-03T05:31:01"},"new":["Article 15b","Refusal to grant a license:","1. The collective management","organisation shall not, without important","and justified reasons, refuse to grant a","license for the use of works or other","protected subject-matter within the scope","of the repertoire it represents. In","particular, the collective management","organisation shall not refuse to grant a","license, including a multi-territorial","license, for the reasons related to","profitability of such license.","2. When refusing to grant a license, the","collective management organisation shall","inform rightholders it represents, other","collective management organisations on","whose behalf it manages rights under a","representation agreement and the user, of","the reasons of such refusal."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"128","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-129","justification":" Individual on-line accounts combine improved cost-effectiveness with more information to\n individual members. They are already in use by many of the most well-functioning CMOs.\n [Consistent with draft opinion from IMCO.]","location":[[" Proposal for a directive","Article 16 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[108570],"meta":{"created":"2019-07-03T05:31:01"},"new":["Member States shall ensure that a","collecting society makes available at least","once a year, by electronic means and","where appropriate on a more regular","basis through individual on-line accounts,","the following information to each","rightholder it represents directly:"],"old":["Member States shall ensure that a","collecting society makes available at least","once a year, by electronic means, the","following information to each rightholder it","represents:"],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"129","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-130","justification":" As managers of rights for individual rightholders, commercial operators should be subject to\n a minimum set of transparency rules. [Consistent with draft opinion from CULT.]","location":[[" Proposal for a directive","Article 16 \u2013 paragraph 1 a (new)"]],"meps":[108570],"meta":{"created":"2019-07-03T05:31:01"},"new":["Member States shall ensure that","commercial operators, as defined in point","(aa) of Article 3, make available at least","once a year, by electronic means, the","information described in points (a), (b),","(c), (d) and (g) of paragraph 1 of this","Article, to each rightholder whose rights","they manage."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"130","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-131","justification":"Improves the information provided to the rightholders. [Consistent with draft opinion from\nCULT.]","location":[["Proposal for a directive","Article 16 \u2013 paragraph 1 \u2013 point c"]],"meps":[108570],"meta":{"created":"2019-07-03T05:31:01"},"new":["(c) the amounts due to the rightholder per","category of rights managed, and per type","of use, and per work paid by the collective","management organisation to the","rightholder in the period concerned;"],"old":["(c) the amounts due to the rightholder per","category of rights managed, and type of","use, paid by the collecting society to the","rightholder in the period concerned;"],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"131","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-132","justification":"Improves the information provided through intermediaries, and therefore in the end to the\nrightholders. [Consistent with draft opinion from CULT.]","location":[["Proposal for a directive","Article 17 \u2013 paragraph 1 \u2013 point a"]],"meps":[108570],"meta":{"created":"2019-07-03T05:31:01"},"new":["(a) the amounts due to rightholders per","category of rights managed, per type of use","and per work paid by the collective","management organisation for the","licensing of the rights it manages under the","representation agreement;"],"old":["(a) the amounts due to rightholders per","category of rights managed, and per type","of use paid by the collecting society for the","licensing of the rights it manages under the","representation agreement;"],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"132","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-133","location":[[" Proposal for a directive","Article 18 \u2013 title"]],"meps":[108570],"meta":{"created":"2019-07-03T05:31:01"},"new":["Information provided to rightholders,","members, other collective management","organisations and users"],"old":["Information provided to rightholders,","members, other collecting societies and","users on request"],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"133","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-134","justification":" Basic information on tariffs, licensing contracts, repertoire and representation agreements is\n essential to a well-functioning and transparent market in creative goods. It should not be\n limited to provision on request. [Consistent with draft opinion from CULT.]","location":[[" Proposal for a directive","Article 18 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[108570],"meta":{"created":"2019-07-03T05:31:01"},"new":["1. Member States shall ensure that a","collective management organisation","makes the following information available","to any rightholder whose rights it","represents, to any collective management","organisation on whose behalf it manages","rights under a representation agreement or","to any user, by electronic means, without","undue delay:"],"old":["1. Member States shall ensure that a","collecting society makes the following","information available at the request of any","rightholder whose rights it represents, any","collecting society on whose behalf it","manages rights under a representation","agreement or any user, by electronic","means, without undue delay:"],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"134","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00fcrgen Creutzmann","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-135","location":[["Proposal for a directive","Article 18 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[96873],"meta":{"created":"2019-07-03T05:31:01"},"new":["1. Member States shall ensure that a","collective management society makes the","following information available at the","request of any rightholder whose rights it","represents, any collecting society on whose","behalf it manages rights under a","representation agreement or any user, by","electronic means, without undue delay:"],"old":["1. Member States shall ensure that a","collecting society makes the following","information available at the request of any","rightholder whose rights it represents, any","collecting society on whose behalf it","manages rights under a representation","agreement or any user, by electronic","means, without undue delay:"],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"135","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-136","justification":"Improves the transparency obligation while ensuring the need to protect personal data.\n[Consistent with draft opinion from CULT.]","location":[["Proposal for a directive","Article 18 \u2013 paragraph 1 \u2013 point b"]],"meps":[108570],"meta":{"created":"2019-07-03T05:31:01"},"new":["(b) the list of its members, the repertoire","and the specific rights it manages on their","behalf, and the Member States covered,","without revealing personal data and","sensitive information about the","rightholders"],"old":["(b) the repertoire and rights it manages and","the Member States covered;"],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"136","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Britta Thomsen","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-137","location":[[" Proposal for a directive","Article 18 \u2013 paragraph 1 \u2013 point b"]],"meps":[28153],"meta":{"created":"2019-07-03T05:31:01"},"new":["(b) the works or other subject matter it","represents, the rights it manages, directly","or under representation agreements, and","the territories covered; or, where due to","the scope of activity of the collective","management organisation such works or","other subject matter cannot be","determined, the categories of works or of","other subject matter it represents, the","rights it manages and the territories","covered;"],"old":["(b) the repertoire and rights it manages","and the Member States covered;"],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"137","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Britta Thomsen","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-138","location":[[" Proposal for a directive","Article 18 \u2013 paragraph 2"]],"meps":[28153],"meta":{"created":"2019-07-03T05:31:02"},"new":["2. In addition, a collecting society shall","make available at the request of any","rightholder or any collecting society, 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;","Where due to the scope of activity of the","collective management organisation such","works or other subject matter cannot be","determined, the categories of works or of","other subject matter it represents, the","rights it manages and the territories","covered."],"old":["2. In addition, a collecting society shall","make available at the request of any","rightholder or any collecting society, 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."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"138","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-139","justification":"Rightholders who are not members of a collecting society should be able to check if any of\ntheir works are listed as unidentified. Additionally, this information is valuable to users as\nwell as to end consumers. The Orphan Works Directive contains provisions on how to handle\nthe situation when rightholders cannot be found. In order to ensure co-ordinated copyright\npolicy that directive should be referenced.","location":[["Proposal for a directive","Article 18 \u2013 paragraph 2"]],"meps":[108570],"meta":{"created":"2019-07-03T05:31:02"},"new":["2. In addition, a collective management","organisation shall make publicly available","any information on works for which one or","more rightholders have not been identified","in accordance with the provisions laid","down in Directive 2012/28/EU on Certain","Permitted Uses of Orphan Works,","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."],"old":["2. In addition, a collecting society shall","make available at the request of any","rightholder or any collecting society, 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."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"139","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Rolandas Paksas","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-140","location":[["Proposal for a directive","Article 18 \u2013 paragraph 2 a (new)"]],"meps":[96694],"meta":{"created":"2019-07-03T05:31:02"},"new":["2a. Member States shall ensure that users","communicate, free of charge, and in an","electronic format, to collective","management organisations for the","purpose of the effective administration of","rights, complete and accurate information","as is necessary in order to identify the use","of the work or other subject matter and","the corresponding right holder."],"old":[""],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"140","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00fcrgen Creutzmann","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-141","location":[[" Proposal for a directive","Article 19 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[96873],"meta":{"created":"2019-07-03T05:31:02"},"new":["1. Member States shall ensure that a","collective management society makes","public the following information:"],"old":["1. Member States shall ensure that a","collecting society makes public the","following information:"],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"141","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter, J\u00fcrgen Creutzmann","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-142","justification":" Interoperability in electronic networks should be encouraged. [Consistent with draft opinion\n from CULT.]","location":[[" Proposal for a directive","Article 19 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[108570,96873],"meta":{"created":"2019-07-03T05:31:02"},"new":["1. Member States shall ensure that a","collective management organisation","makes public the following information","preferably through publicly accessible","and searchable interfaces:"],"old":["1. Member States shall ensure that a","collecting society makes public the","following information:"],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"142","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-143","justification":"Transparency in pricing and terms is fundamental for efficient price-setting and bargaining in\nthe licensing market. [Consistent with draft opinion from CULT.]","location":[["Proposal for a directive","Article 19 \u2013 paragraph 1 \u2013 point a a (new)"]],"meps":[108570],"meta":{"created":"2019-07-03T05:31:02"},"new":["(aa) standard licensing contracts and","applicable tariffs;"],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"143","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-144","justification":"Open repertoire information is of crucial importance to rightsholders, users and consumers\nalike. [Consistent with draft opinion from CULT.]","location":[["Proposal for a directive","Article 19 \u2013 paragraph 1 \u2013 point a b (new)"]],"meps":[108570],"meta":{"created":"2019-07-03T05:31:02"},"new":["(ab) the repertoire and rights it manages","and the Member States covered;"],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"144","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-145","justification":" Accurate information about when a specific work will fall into the Public Domain is\n important knowledge to the public. [Consistent with draft opinion from CULT.]","location":[["Proposal for a directive","Article 19 \u2013 paragraph 2 a (new)"]],"meps":[108570],"meta":{"created":"2019-07-03T05:31:02"},"new":["2a. Collective management organisations","shall ensure that, in accordance with","point (ab) of paragraph 1, the information","on repertoire is accurate and regularly","updated. In this respect, they shall","particularly ensure that the information","concerning works whose term of","protection is about to terminate is","accurate and regularly updated, and made","available to the public."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"145","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-146","justification":" Article should be consistent with changes to Article 2.","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 1"]],"meps":[108570],"meta":{"created":"2019-07-03T05:31:02"},"new":["1. Member States shall ensure that","collective management organisations","operating in their territory comply with the","requirements in this Title when granting","multi-territorial licences for online rights in","musical works."],"old":["1. Member States shall ensure that","collecting societies established in their","territory comply with the requirements in","this Title when granting multi-territorial","licences for online rights in musical works."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"146","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-147","justification":"The division of licenses into separate mechanical and performing rights makes little sense in\nan online environment. Such fragmentation of rights creates excess costs for users and raises\ntransaction costs. Remedying this is important to the competitiveness of the European Single\nDigital Market since such divisions does not burden some other major global markets.","location":[["Proposal for a directive","Article 21 \u2013 paragraph 1 a (new)"]],"meps":[108570],"meta":{"created":"2019-07-03T05:31:02"},"new":["1a. Within the scope of this Title,","categories of online rights in musical","works shall not allow the separation of the","reproduction (mechanical) and the","communication to the public","(performance) right."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"147","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-148","justification":"The division of licenses into separate mechanical and performing rights makes little sense in\nan online environment. Such fragmentation creates excess costs for users and raises\ntransaction costs.","location":[["Proposal for a directive","Article 22 \u2013 paragraph 2 \u2013 point e a (new)"]],"meps":[108570],"meta":{"created":"2019-07-03T05:31:02"},"new":["(ea) The ability to offer both the","reproduction (mechanical) and the","communication (performance) right in","the musical works it seeks to license by","means of multi-territorial licenses."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"148","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-149","justification":" Collective management organisations should not be granted a blanket power to limit the \"re-\n use\" of information, which is an important and fundamental human right.","location":[[" Proposal for a directive","Article 23 \u2013 paragraph 2"]],"meps":[108570],"meta":{"created":"2019-07-03T05:31:02"},"new":["2. The collective management","organisation may take reasonable","measures to protect the accuracy and","integrity of the data and to protect personal","data and, when necessary, commercially","sensitive information."],"old":["2. The collecting society may take","reasonable measures to protect the","accuracy and integrity of the data, to","control its re-use and to protect personal","data and commercially sensitive","information."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"149","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-150","justification":"Users, in this case typically online music service providers, have a legitimate interest in the\naccuracy of the information provided by the collective management organisation. They should\ntherefore be included among those with a right to object.","location":[[" Proposal for a directive","Article 24 \u2013 paragraph 1"]],"meps":[108570],"meta":{"created":"2019-07-03T05:31:02"},"new":["1. A collecting society which grants multi-","territorial licences for online rights in","musical works shall have procedures in","place to enable rightholders and other","collecting societies, and users to object to","the contents of the data referred to in","Article 22(2) or to information provided","under Article 23, where such rightholders","and collecting societies, and users, on the","basis of reasonable evidence, believe that","the data or the information are inaccurate","in respect of their online rights in musical","works. Where the claims are sufficiently","substantiated, the collecting society shall","ensure that the data or the information are","corrected without undue delay."],"old":["1. A collecting society which grants multi-","territorial licences for online rights in","musical works shall have procedures in","place to enable rightholders and other","collecting societies to object to the contents","of the data referred to in Article 22(2) or to","information provided under Article 23,","where such rightholders and collecting","societies, on the basis of reasonable","evidence, believe that the data or the","information are inaccurate in respect of","their online rights in musical works. Where","the claims are sufficiently substantiated,","the collecting society shall ensure that the","","data or the information are corrected","without undue delay."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"150","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-151","justification":"The term \"monitor\" can be interpreted as technical monitoring which does not work well for\nsome online services.","location":[["Proposal for a directive","Article 25 \u2013 paragraph 1"]],"meps":[108570],"meta":{"created":"2019-07-03T05:31:02"},"new":["1. A collecting society shall agree with the","online music service provider on the","provision of information regarding the use","of online rights in musical works which it","represents, in whole or in part, by online","music service providers to which it has","granted a multi-territorial licence for those","rights."],"old":["1. A collecting society shall monitor the","use of online rights in musical works which","it represents, in whole or in part, by online","music service providers to which it has","granted a multi-territorial licence for those","rights."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"151","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-152","justification":" As per amendments to Recital 18, 27 and Article 15a. [Consistent with draft opinion from\n IMCO.]","location":[["Proposal for a directive","Article 25 \u2013 paragraph 2"]],"meps":[108570],"meta":{"created":"2019-07-03T05:31:03"},"new":["2. The collective management","organisation shall offer online music","service providers the possibility of","reporting the actual use of online rights in","musical works, in accordance with Article","15a(1), by electronic means. The collective","management organisation shall offer the","use of a least one method of reporting","which takes into account voluntary","industry standards or practices developed","at international or Union level for the","electronic exchange of such data. The","collective management organisation may","refuse to accept reporting by the user in a","proprietary format if the organisation","allows for reporting using an industry","standard for the electronic exchange of","data."],"old":["2. The collecting society shall offer online","music service providers the possibility of","reporting the actual use of online rights in","musical works by electronic means. The","collecting society shall offer the use of a","least one method of reporting which takes","into account voluntary industry standards","or practices developed at international or","Union level for the electronic exchange of","such data. The collecting society may","refuse to accept reporting by the user in a","proprietary format if the society allows for","reporting using an industry standard for the","electronic exchange of data."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"152","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-153","justification":"As per amendments to Recital 18, 27 and Article 15a. [Consistent with draft opinion from\nIMCO.]","location":[[" Proposal for a directive","Article 25 \u2013 paragraph 4 a (new)"]],"meps":[108570],"meta":{"created":"2019-07-03T05:31:03"},"new":["4a. For the purposes of paragraphs 3 and","4, the collecting society shall establish a","cooperation procedure with other","collecting societies to ensure that the","online music service provider is issued a","single joint invoice as provided for in","Article 15a."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"153","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-154","justification":"All relevant entities that make use of double invoicing should be covered.","location":[["Proposal for a directive","Article 25 \u2013 paragraph 5"]],"meps":[108570],"meta":{"created":"2019-07-03T05:31:03"},"new":["5. The collective management","organisation shall have adequate","procedures in place for the online music","service provider to challenge the accuracy","of the invoice, including when the online","music service provider receives more than","one invoice for the same online rights in","the same musical work."],"old":["5. The collecting society shall have","adequate procedures in place for the online","music service provider to challenge the","accuracy of the invoice, including when the","online music service provider receives","invoices from one or more collecting","societies for the same online rights in the","same musical work."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"154","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00fcrgen Creutzmann","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-155","justification":" Cooperation of collective management organizations should be encouraged but this also\n requires legal certainty as to the applicable competition rules. The risk of facing antitrust\n investigations due to cooperation appears significant and should therefore be clarified.","location":[["Proposal for a directive","Article 28 \u2013 paragraph 3 a (new)"]],"meps":[96873],"meta":{"created":"2019-07-03T05:31:03"},"new":["3a. The Commission shall assess and","report to the European Parliament and","the Council on the need for sector specific","rules, with a view to the implementation","of paragraph 3 of Article 101 of the","TFEU, covering representation","agreements and online rights pools,","exchanges of information as well as other","forms of cooperation among collective","management societies for the purpose of","granting and administration of multi-","territorial multi-repertoire licences and/or","for the purpose of establishing uniform or","mutually agreeable tariffs and conditions","for such licences."],"old":[""],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"155","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-156","justification":" In a competitive situation with collective management organisations of different sizes,\n repertoires and with different fixed costs per member to cover, great care needs to be taken\n\n\nwith respect to margins on transactions between organisations.","location":[[" Proposal for a directive","Article 29 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meps":[108570],"meta":{"created":"2019-07-03T05:31:03"},"new":["The management fee for the service","provided by the requested collective","management organisation to the","requesting organisation shall not exceed","the costs reasonably incurred by the","requested collective management","organisation in managing the repertoire of","the requesting organisation and a","reasonable profit margin economically","viable for all parties involved."],"old":["The management fee for the service","provided by the requested collecting","society to the requesting society shall not","exceed the costs reasonably incurred by the","requested collecting society in managing","the repertoire of the requesting collecting","society and a reasonable profit margin."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"156","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Eija-Riitta Korhola","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-157","justification":"The amendment is identical to rapporteur's amendment 25, changing the place of the\namendment whilst preserving the original Commission proposal for Art. 29(3).This article\nand amendment proposed highlight that the repertoires of small and medium-sized CMO\u2019s\nshould be sufficiently protected in order fully to contribute for the development and promotion\nof cultural diversity in Europe and would receive equal treatment when licensing the cross-\nborder online music in Europe .","location":[["Proposal for a directive","Article 29 \u2013 paragraph 2 \u2013 subparagraph 2 a (new)"]],"meps":[4260],"meta":{"created":"2019-07-03T05:31:03"},"new":["The requested collective management","organisation shall license the requesting","collective management organisation's","repertoire, in its relations with users, on","the same conditions as its own repertoire","and shall not exclude the requesting","organisation's repertoire from the","licensed repertoire without the requesting","organisation's consent"],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"157","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Ivo Belet","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-158","justification":" Moved to Article 2 (Scope).","location":[["Proposal for a directive","Article 33"]],"meps":[28257],"meta":{"created":"2019-07-03T05:31:03"},"new":["deleted"],"old":["Article 33","Derogation for online music rights","required for radio and television","programmes","","The requirements under this Title shall","not apply to collecting societies which","grant, on the basis of the voluntary","aggregation of the required rights, in","compliance with the competition rules","under Articles 101 and 102 TFEU, a","multi-territorial licence for the online","rights in musical works required by a","broadcaster to communicate or make","available to the public its radio or","television programmes simultaneously","with or after their initial broadcast as well","as any online material produced by the","broadcaster which is ancillary to the","initial broadcast of its radio or television","programme."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"158","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter, J\u00fcrgen Creutzmann","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-159","justification":"For greater clarity and conformity with Recital 35, the broadcaster exception should cover\npreviews. [Consistent with draft opinion from IMCO.]","location":[[" Proposal for a directive","Article 33 \u2013 paragraph 1"]],"meps":[108570,96873],"meta":{"created":"2019-07-03T05:31:03"},"new":["The requirements under this Title shall not","apply to collecting societies which grant,","on the basis of the voluntary aggregation of","the required rights, in compliance with the","competition rules under Articles 101 and","102 TFEU, a multi-territorial licence for","the online rights in musical works required","by a broadcaster to communicate or make","available to the public its radio or","television programmes before,","simultaneously with or after their initial","broadcast as well as any online material","produced by the broadcaster which is","ancillary to the initial broadcast of its radio","or television programme."],"old":["The requirements under this Title shall not","apply to collecting societies which grant,","on the basis of the voluntary aggregation of","the required rights, in compliance with the","competition rules under Articles 101 and","102 TFEU, a multi-territorial licence for","the online rights in musical works required","by a broadcaster to communicate or make","available to the public its radio or","television programmes simultaneously with","or after their initial broadcast as well as","any online material produced by the","broadcaster which is ancillary to the initial","broadcast of its radio or television","","programme."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"159","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Eija-Riitta Korhola","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-160","location":[["Proposal for a directive","Article 35 \u2013 title"]],"meps":[4260],"meta":{"created":"2019-07-03T05:31:03"},"new":["Dispute resolution with users"],"old":["Dispute resolution for users"],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"160","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-161","justification":"How tariffs are calculated is a frequent cause of disputes, making it useful to explicitly state\n\n\n that dispute resolution also covers calculation. The right to also go to court is covered by\n paragraph 2, and does not need repeating here.","location":[["Proposal for a directive","Article 35 \u2013 paragraph 1"]],"meps":[108570],"meta":{"created":"2019-07-03T05:31:03"},"new":["1. Member States shall ensure that disputes","between collecting societies and users","concerning existing and proposed licensing","conditions, tariffs, the calculation of","tariffs, and any refusal to grant a licence","can be submitted to an independent and","impartial dispute resolution body."],"old":["1. Member States shall ensure that disputes","between collecting societies and users","concerning existing and proposed licensing","conditions, tariffs, and any refusal to grant","a licence can be submitted to a court, and","if appropriate, to an independent and","impartial dispute resolution body."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"161","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Eija-Riitta Korhola","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-162","location":[[" Proposal for a directive","Article 35 \u2013 paragraph 1"]],"meps":[4260],"meta":{"created":"2019-07-03T05:31:03"},"new":["1. Member States shall ensure that disputes","between collecting societies and users","concerning existing and proposed licensing","conditions, tariffs, and any refusal to grant","a licence or to comply with its terms can be","submitted to a court, and if appropriate, to","an independent and impartial dispute","resolution body. Member States shall","ensure that these dispute resolution bodies","are specialised in intellectual property","matters and that their decisions are made","on the basis of the criteria set out in","Article 15(2)."],"old":["1. Member States shall ensure that disputes","between collecting societies and users","concerning existing and proposed licensing","conditions, tariffs, and any refusal to grant","a licence can be submitted to a court, and if","appropriate, to an independent and","impartial dispute resolution body."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"162","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter, J\u00fcrgen Creutzmann","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-163","justification":"To ensure a level playing field for smaller players seeking dispute resolution the\nadministrative costs must be reasonable. [Consistent with draft opinion from IMCO.]","location":[[" Proposal for a directive","Article 35 \u2013 paragraph 1 a (new)"]],"meps":[108570,96873],"meta":{"created":"2019-07-03T05:31:03"},"new":["1a. The administrative costs of seeking","recourse to such a dispute resolution shall","be reasonable."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"163","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Eija-Riitta Korhola","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-164","location":[["Proposal for a directive","Article 35 \u2013 paragraph 2 a (new)"]],"meps":[4260],"meta":{"created":"2019-07-03T05:31:03"},"new":["2a. Member States shall ensure that","where users have recourse to dispute","resolution under this Article, they have an","obligation to pay to the collective","management organisation, while the","process is pending:","(a) The pre-existing tariff applicable to","the use in question, if such tariff exists.","(b) An interim non-prejudicial monthly","payment determined by the dispute","resolution body if there is no pre-existing","tariff for the use in question."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"164","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Eija-Riitta Korhola","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-165","location":[["Proposal for a directive","Article 35 \u2013 paragraph 2 b (new)"]],"meps":[4260],"meta":{"created":"2019-07-03T05:31:04"},"new":["2b. Member States shall ensure that the","collective management organisations or","users, as the case may be, shall pay the","balance between the payments made and","the new tariff set by the competent body","no later than 30 days after the decision","has been made by that body."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"165","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-166","justification":" Disputes between collective management organisations about capacity to process and\n repertoire transparency should be subject to dispute resolution. [Consistent with draft\n opinion from IMCO.]","location":[[" Proposal for a directive","Article 36 \u2013 paragraph 1 \u2013 point c"]],"meps":[108570],"meta":{"created":"2019-07-03T05:31:04"},"new":["(c) disputes with another collecting society","on the application of Articles 22, 23, 24,","25, 26, 28 and 29."],"old":["(c) disputes with another collecting society","on the application of Articles 24, 25, 26, 28","and 29."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"166","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":" Lena Kolarska-Bobi\u0144ska","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-167","location":[[" Proposal for a directive","Article 38 \u2013 paragraph 1"]],"meps":[96785],"meta":{"created":"2019-07-03T05:31:04"},"new":["1. Member States shall ensure that","competent authorities have the power to","impose appropriate sanctions on collective","management organisations and to take","appropriate measures where the provisions","of national law adopted in the","implementation of this Directive have not","been complied with. These sanctions and","measures shall be effective and","proportionate."],"old":["1. Member States shall provide that their","respective competent authorities may take","appropriate administrative sanctions and","measures where the provisions of the","national provisions adopted in the","implementation of this Directive have not","been complied with, and shall ensure that","they are applied. The sanctions and","measures shall be effective, proportionate","and dissuasive."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"167","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-168","justification":"Where competent authorities have not previously been designated or established, Member\nStates shall have to do so. Stronger enforcement language. [Consistency with draft opinion\nfrom CULT]","location":[["Proposal for a directive","Article 38 \u2013 paragraph 1"]],"meps":[108570],"meta":{"created":"2019-07-03T05:31:04"},"new":["1. Member States shall designate or","establish competent authorities which","continuously monitor collective","management organisations established in","their territory. Member States shall","ensure that their respective competent","authorities impose appropriate","administrative sanctions and measures","where the provisions of the national","provisions adopted in the implementation","of this Directive have not been complied","with, and shall ensure that they are applied.","The sanctions and measures shall be","effective, proportionate and dissuasive."],"old":["1. Member States shall provide that their","respective competent authorities may take","appropriate administrative sanctions and","measures where the provisions of the","national provisions adopted in the","implementation of this Directive have not","been complied with, and shall ensure that","they are applied. The sanctions and","measures shall be effective, proportionate","and dissuasive."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"168","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Amelia Andersdotter","changes":{},"committee":["ITRE"],"date":"2013-05-16T00:00:00","id":"PE510.534-169","justification":" Article should be consistent with changes to Article 2.","location":[["Proposal for a directive","Article 40 \u2013 paragraph 1"]],"meps":[108570],"meta":{"created":"2019-07-03T05:31:04"},"new":["1. Member States shall ensure that the","competent authorities referred to in Article","39 continuously monitor the compliance","with the requirements laid down in Title III","of this Directive by collecting societies","operating in their territory when granting","multi-territorial licences for online rights in","musical works."],"old":["1. Member States shall ensure that the","competent authorities referred to in Article","39 continuously monitor the compliance","with the requirements laid down in Title III","of this Directive by collecting societies","established in their territory when granting","","","multi-territorial licences for online rights in","musical works."],"orig_lang":"en","peid":"PE510.534v01-00","reference":"2012/0180(COD)","seq":"169","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-510.534+02+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-56","location":[["Proposal for a directive","Recital 2"]],"meta":{"created":"2019-07-03T05:35:26"},"new":["(2) The dissemination of content which is","protected by copyright and related rights","and the linked services, including books,","audiovisual productions and recorded","music require the licensing of rights by","different holders of copyright and related","rights, such as authors, performers,","producers and publishers. It is normally for","the rightholders to choose between the","individual or collective management of","their rights. Management of copyright and","related rights includes the granting of","licences to users, the auditing of licensees","and monitoring of the use of rights, the","enforcement of copyright and related","rights, the collection of rights revenue","derived from the exploitation of rights and","the distribution of the amounts due to","rightholders. Collecting societies enable","rightholders to be remunerated for uses","which they would not be in a position to","control or enforce themselves, including in","non-domestic markets. Moreover, they","have an important social and cultural role","as promoters of the diversity of cultural","expressions by enabling the smallest and","less popular repertoires to access the","market."],"old":["(2) The dissemination of content which is","protected by copyright and related rights","and the linked services, including books,","audiovisual productions and recorded","music require the licensing of rights by","different holders of copyright and related","rights, such as authors, performers,","producers and publishers. It is normally for","the rightholders to choose between the","individual or collective management of","their rights. Management of copyright and","related rights includes the granting of","licences to users, the auditing of licensees","and monitoring of the use of rights, the","enforcement of copyright and related","rights, the collection of rights revenue","derived from the exploitation of rights and","the distribution of the amounts due to","rightholders. Collecting societies enable","rightholders to be remunerated for uses","which they would not be in a position to","control or enforce themselves, including in","non-domestic markets. Moreover, they","have an important social and cultural role","as promoters of the diversity of cultural","expressions by enabling the smallest and","less popular repertoires to access the","market. Article 167 of the Treaty on the","Functioning of the European Union","requires the Union to take cultural","aspects into account in its action, in","particular in order to respect and to","promote the diversity of its cultures."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"56","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sabine Verheyen","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-57","location":[[" Proposal for a directive","Recital 2 a (new)"]],"meps":[96756],"meta":{"created":"2019-07-03T05:35:27"},"new":["(2a) The services of collective","management organisations to","rightholders and users are vital for the","development and maintenance of the","cultural scene in Europe and to the","growth of culturally diverse creative","industries. Collective rights management","organisations support creators by","developing important social and cultural","activities, by ensuring market access for","demanding or less popular repertoires and","new artists."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"57","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Cornelis de Jong","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-58","location":[[" Proposal for a directive","Recital 2 a (new)"]],"meta":{"created":"2019-07-03T05:35:27"},"new":["(2a) Article 167 of the Treaty on the","Functioning of the European Union","requires the Union to take cultural","aspects into account in its action, in","particular in order to respect and to","promote the diversity of its cultures. It","follows from this that Member States","should preserve, respect and promote","cultural diversity. Collective management","organisations have and shall continue to","have an important role as promoters of","the diversity of cultural expression, both","by enabling the smallest and less popular","repertoires to access the market and by","providing social, cultural and educational","services for the benefit of their","rightholders and the public."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"58","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sirpa Pietik\u00e4inen","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-59","location":[["Proposal for a directive","Recital 3"]],"meps":[40599],"meta":{"created":"2019-07-03T05:35:27"},"new":["deleted"],"old":["(3) When established in the Union,","collecting societies \u2013 as service providers","\u2013 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 societies 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."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"59","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sabine Verheyen","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-60","location":[["Proposal for a directive","Recital 3"]],"meps":[96756],"meta":{"created":"2019-07-03T05:35:27"},"new":["deleted"],"old":["(3) When established in the Union,","collecting societies \u2013 as service providers","\u2013 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 societies 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."],"orig_lang":"de","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"60","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Christel Schaldemose","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-61","justification":" It shall still be possible for the authorities of the Member States to approve the collecting\n societies before they can operate.","location":[[" Proposal for a directive","Recital 3"]],"meps":[37312],"meta":{"created":"2019-07-03T05:35:27"},"new":["(3) When established in the Union,","collecting societies \u2013 as service providers \u2013","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","societies should be able 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."],"old":["(3) When established in the Union,","collecting societies \u2013 as service providers \u2013","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","societies 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."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"61","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sabine Verheyen","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-62","location":[["Proposal for a directive","Recital 3 a (new)"]],"meps":[96756],"meta":{"created":"2019-07-03T05:35:27"},"new":["(3a) This directive lays down the","minimum provisions necessary to achieve","free movement of services in the Single","Market. It does not interfere with","measures taken by the Member States in","accordance with EU law to protect or","promote cultural and linguistic diversity","or socio-political objectives in the interest","of artists. The concept of \u2018overriding","reasons relating to the public interest\u2019 to","which reference is made in certain","provisions of this directive has been","developed by the Court of Justice in its","case law in relation to Articles 43 and 49","of the TFEU and may continue to evolve.","Such reasons include at least the","following which are relevant to this","directive: socio-political objectives,","protection of recipients of services,","protection of intellectual property,","cultural policy objectives, promotion of","the national language, preservation of the","national historical and cultural heritage."],"orig_lang":"de","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"62","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-63","location":[["Proposal for a directive","Recital 4"]],"meta":{"created":"2019-07-03T05:35:27"},"new":["(4) There are significant differences in the","national rules governing the functioning of","collecting societies, in particular as regards","their transparency and accountability","towards their members and rightholders.","Beyond the difficulties non-domestic","rightholders face when exercising their","rights and the too often poor financial","management of the revenues collected,","problems with the functioning of collecting","societies lead to inefficiencies in the","exploitation of copyright and related rights","across the internal market to the detriment","of the members of collecting societies,","rightholders and users alike."],"old":["(4) There are significant differences in the","national rules governing the functioning of","collecting societies, in particular as regards","their transparency and accountability","towards their members and rightholders.","Beyond the difficulties non-domestic","rightholders face when exercising their","rights and the too often poor financial","","management of the revenues collected,","problems with the functioning of collecting","societies lead to inefficiencies in the","exploitation of copyright and related rights","across the internal market to the detriment","of the members of collecting societies,","rightholders and users alike. These","difficulties do not arise in the functioning","of independent rights management service","providers who act as agents for","rightholders for the management of their","rights on a commercial basis and in which","rightholders do not exercise membership","rights."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"63","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Rolandas Paksas","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-64","location":[[" Proposal for a directive","Recital 4"]],"meps":[96694],"meta":{"created":"2019-07-03T05:35:27"},"new":["(4) There are significant differences in the","national rules governing the functioning of","collecting societies, in particular as regards","their transparency and accountability","towards their members and rightholders.","Beyond the difficulties non-domestic","rightholders face when exercising their","rights and the too often poor financial","management of the revenues collected,","problems with the functioning of collecting","societies lead to inefficiencies in the","exploitation of copyright and related rights","across the internal market to the detriment","of the members of collecting societies,","rightholders and users alike. These","difficulties do not arise in the functioning","of independent rights management service","providers who act as agents for","rightholders for the management of their","rights on a commercial basis and in which","rightholders do not exercise membership","rights provided that they are not acting in","direct competition with collecting societies","in the fields of collection and distribution","of amounts due to rightholders. In such","cases, the criteria of ownership and","control by members are not relevant."],"old":["(4) There are significant differences in the","national rules governing the functioning of","collecting societies, in particular as regards","their transparency and accountability","towards their members and rightholders.","Beyond the difficulties non-domestic","rightholders face when exercising their","rights and the too often poor financial","management of the revenues collected,","problems with the functioning of collecting","societies lead to inefficiencies in the","exploitation of copyright and related rights","across the internal market to the detriment","of the members of collecting societies,","rightholders and users alike. These","difficulties do not arise in the functioning","of independent rights management service","providers who act as agents for","rightholders for the management of their","rights on a commercial basis and in which","rightholders do not exercise membership","","rights."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"64","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sirpa Pietik\u00e4inen","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-65","location":[["Proposal for a directive","Recital 8"]],"meps":[40599],"meta":{"created":"2019-07-03T05:35:27"},"new":["deleted"],"old":["(8) In order to ensure that holders of","copyright and related rights can fully","benefit from the internal market when","their rights are being managed","collectively and that their freedom to","exercise their rights is not unduly","affected, it is necessary to provide for the","inclusion of appropriate safeguards in the","constituting documents of collecting","societies. Moreover, in accordance with","Directive 2006/123/EC collecting societies","should not discriminate, directly or","indirectly, between rightholders on the","basis of their nationality, place of","residence or place of establishment when","providing their management services."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"65","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Josef Weidenholzer","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-66","justification":" Any form of direct or indirect discrimination must be avoided.","location":[["Proposal for a directive","Recital 8"]],"meps":[111014],"meta":{"created":"2019-07-03T05:35:27"},"new":["(8) In order to ensure that holders of","copyright and related rights can fully","benefit from the internal market when their","rights are being managed collectively and","that their freedom to exercise their rights is","not under any circumstances affected, it is","necessary to provide for the inclusion of","appropriate safeguards in the constituting","documents of collecting societies.","Moreover, in accordance with Directive","2006/123/EC collecting societies should","not discriminate, directly or indirectly,","between rightholders on the basis of their","nationality, place of residence or place of","establishment when providing their","management services. Any direct or","indirect discrimination on the basis of","existing licences, extent of repertoire or","expected sales should be avoided."],"old":["(8) In order to ensure that holders of","copyright and related rights can fully","benefit from the internal market when their","","rights are being managed collectively and","that their freedom to exercise their rights is","not unduly affected, it is necessary to","provide for the inclusion of appropriate","safeguards in the constituting documents of","collecting societies. Moreover, in","accordance with Directive 2006/123/EC","collecting societies should not","discriminate, directly or indirectly,","between rightholders on the basis of their","nationality, place of residence or place of","establishment when providing their","management services."],"orig_lang":"de","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"66","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Josef Weidenholzer","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-67","justification":"The directive should contribute to greater protection.","location":[[" Proposal for a directive","Recital 9"]],"meps":[111014],"meta":{"created":"2019-07-03T05:35:27"},"new":["(9) Having the freedom to provide and to","receive collective management services","across national borders entails that","rightholders are able to freely choose the","collecting society for the management of","their rights, such as public performance or","broadcasting rights, or categories of rights,","such as interactive communication to the","public, provided the collecting society","already manages such rights or categories","of rights. This implies that rightholders can","easily withdraw their rights or categories of","rights from a collecting society and entrust","or transfer all or part of them to another","collecting society or another entity","irrespective of the Member State of","residence or the nationality of either the","collecting society or the rightholder.","Collecting societies managing different","types of works and other subject matter,","such as literary, musical or photographic","works, should also allow this flexibility to","rightholders as regards the management of","different types of works and other subject","matter. Collecting societies should inform","rightholders of this choice and allow them","to exercise it as easily as possible. Finally,","this Directive should protect and enhance","the possibilities of rightholders to manage","their rights individually, including for non-","commercial uses."],"old":["(9) Having the freedom to provide and to","receive collective management services","across national borders entails that","rightholders are able to freely choose the","collecting society for the management of","their rights, such as public performance or","broadcasting rights, or categories of rights,","such as interactive communication to the","public, provided the collecting society","already manages such rights or categories","of rights. This implies that rightholders can","easily withdraw their rights or categories of","rights from a collecting society and entrust","or transfer all or part of them to another","collecting society or another entity","","irrespective of the Member State of","residence or the nationality of either the","collecting society or the rightholder.","Collecting societies managing different","types of works and other subject matter,","such as literary, musical or photographic","works, should also allow this flexibility to","rightholders as regards the management of","different types of works and other subject","matter. Collecting societies should inform","rightholders of this choice and allow them","to exercise it as easily as possible. Finally,","this Directive should not prejudice the","possibilities of rightholders to manage their","rights individually, including for non-","commercial uses."],"orig_lang":"de","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"67","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Rolandas Paksas","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-68","location":[["Proposal for a directive","Recital 9 a (new)"]],"meps":[96694],"meta":{"created":"2019-07-03T05:35:27"},"new":["(9a) The individual exercise of exclusive","economic rights, such as is often the case","in the audiovisual sector, is also","consistent with internal market goals as it","consolidates the exploitation rights in the","producer and thus reduces the potential","for fragmentation."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"68","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Robert Rochefort","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-69","location":[[" Proposal for a directive","Recital 9 a (new)"]],"meps":[97022],"meta":{"created":"2019-07-03T05:35:27"},"new":["(9a) In implementing the provisions of the","Directive, account should be taken of the","specificity of each sector. In particular,","the Directive should take into account the","fact that, in the audiovisual sector,","generally characterised by an unbalanced","relationship between authors and","producers, collective management is the","preferred way to ensure fair remuneration","for authors. This means that collecting","societies which administer authors\u2019 rights","in the audiovisual sector must be able to","anticipate a group authorisation to","manage rights without any distinction of","category. They should also be allowed to","regulate the withdrawal conditions for","authors in so far as is necessary to ensure","their task of pooling management costs","for the benefit of all authors and","defending and promoting cultural","diversity and legal certainty for users."],"orig_lang":"fr","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"69","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Toine Manders","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-70","location":[[" Proposal for a directive","Recital 10"]],"meta":{"created":"2019-07-03T05:35:27"},"new":["(10) Membership of collecting societies","should be based on objective and non-","discriminatory criteria including as regards","associations of rightholders, such as other","collective societies or rightholders'","unions, and publishers who by virtue of an","agreement on the exploitation of rights, are","entitled to a share of the income from the","rights managed by collecting societies and","to collect such income from the collecting","society."],"old":["(10) Membership of collecting societies","should be based on objective and non-","discriminatory criteria including as regards","publishers who by virtue of an agreement","on the exploitation of rights, are entitled to","a share of the income from the rights","managed by collecting societies and to","collect such income from the collecting","society.",""],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"70","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-71","location":[["Proposal for a directive","Recital 11"]],"meta":{"created":"2019-07-03T05:35:27"},"new":["(11) Collective management organisations","should act in the best collective interests of","the rightholders they represent. It is","therefore important to provide for systems","which enable members of collecting","societies to exercise their membership","rights by participating in the societies'","decision-making process. The","representation in the decision-making","process of the different categories of","members, such as producers or","performers, should be fair and balanced.","The effectiveness of the rules on the","general assembly of members of collective","management organisations would be","undermined if there were no provisions on","how the general assembly should be run.","Thus, it is necessary to ensure that the","general assembly is convened regularly,","and at least annually, and that the most","important decisions in the collective","management organisation are taken by the","general assembly."],"old":["(11) Collecting societies are expected to","act in the best interests of their members. It","is therefore important to provide for","systems which enable members of","collecting societies to exercise their","membership rights by participating in the","societies' decision-making process. The","representation of the different categories of","members in the decision-making process","should be fair and balanced. The","effectiveness of the rules on the general","meeting of members of collecting societies","may be undermined if there were no","provisions on how the general meeting","should be run. Thus, it is necessary to","ensure that the general meeting is","convened regularly, and at least annually,","and that the most important decisions in the","collecting society are taken by the general","meeting."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"71","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sabine Verheyen","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-72","location":[["Proposal for a directive","Recital 12"]],"meps":[96756],"meta":{"created":"2019-07-03T05:35:27"},"new":["(12) Members of collecting societies","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, and","should where possible take place by","electronic means."],"old":["(12) Members of collecting societies","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."],"orig_lang":"de","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"72","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Josef Weidenholzer","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-73","justification":" There should be no distinction between categories of members; all members should have the\n same right to vote and stand for election and be able to exercise this right easily.","location":[[" Proposal for a directive","Recital 12"]],"meps":[111014],"meta":{"created":"2019-07-03T05:35:27"},"new":["(12) Members of collecting societies are","entitled to participate and vote in the","general meeting; the exercise of the rights","to vote and to stand for election should be","made easy for all members."],"old":["(12) Members of collecting societies","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."],"orig_lang":"de","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"73","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Emma McClarkin","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-74","justification":"In line with better regulation and the Commission's commitments, Member States are allowed\nto exempt micro entities from certain, potentially burdensome, requirements.","location":[[" Proposal for a directive","Recital 13"]],"meps":[96919],"meta":{"created":"2019-07-03T05:35:28"},"new":["(13) Members should be allowed to take","part in monitoring the management of","collecting management organisations. To","this end, collecting management","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","management organisations in line with","better regulation commitments, and to","make the obligations arising from this","Directive proportionate, Member States","should exclude the smallest collecting","management organisations from having to","organise such a supervisory function."],"old":["(13) Members should be allowed to take","","part in monitoring the management of","collecting societies. To this end, collecting","societies 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","burden on smaller collecting societies 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 societies from having to organise","such a supervisory function."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"74","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sabine Verheyen","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-75","location":[["Proposal for a directive","Recital 13"]],"meps":[96756],"meta":{"created":"2019-07-03T05:35:28"},"new":["(13) Members should be allowed to take","part in monitoring the management of","collective management organisations. To","this end, collective management","organisations should establish a","supervisory function appropriate to their","organisational structure and allow the","different categories of members to be","represented in equal manner in the body","that exercises this function. To avoid","imposing excessive burden on smaller","collecting societies 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","societies from having to organise such a","supervisory function."],"old":["(13) Members should be allowed to take","part in monitoring the management of","collecting societies. To this end, collecting","societies 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","burden on smaller collecting societies 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","societies from having to organise such a","","supervisory function."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"75","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Christian Engstr\u00f6m","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-76","justification":"See amended Article 12.2","location":[[" Proposal for a directive","Recital 15 a (new)"]],"meps":[96676],"meta":{"created":"2019-07-03T05:35:28"},"new":["(15a) Where the amounts due to","rightholders cannot be distributed,","because the collective management","organisation failed to identify and locate","the rightholders, it would provide a","disincentive for the collective","management organisations to be diligent","in their effort to locate the proper","rightholders, if they were allowed to keep","the money and use it for other purposes if","they fail. Since it is Member States that","have primary responsibility for cultural","policy, it is appropriate that the money","that cannot be distributed shall be paid to","a fund set up and managed for this","purpose by the Member State in which the","money was collected. The fund is","thereafter responsible for any claims from","reappearing rightholders. In addition to","that, each Member State will decide how","to use the money in the fund for related","purposes, such as paying reappearing","rightholders according to Directive","2012/28/EU on Certain Permitted Uses of","Orphan Works, digitising and restoring","our cultural heritage, and promoting","cultural diversity."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"76","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-77","location":[["Proposal for a directive","Recital 16"]],"meta":{"created":"2019-07-03T05:35:28"},"new":["(16) Since rightholders are entitled to be","remunerated for the exploitation of their","rights, it is important for any deduction,","other than management fees, for example a","deduction for social, cultural or","educational purposes, or deductions","required by national law, to be decided by","the members of collecting societies and for","the societies to be transparent towards","rightholders regarding the rules governing","those deductions. Any such rightholder","should have access in a non-discriminatory","manner to any social, cultural or","educational service funded through such","deductions. However, this Directive should","not affect national law on any aspects that","are not regulated by this Directive."],"old":["(16) Since rightholders are entitled to be","remunerated for the exploitation of their","rights, it is important for any deduction,","other than management fees or deductions","required by national law, to be decided by","the members of collecting societies and for","the societies to be transparent towards","rightholders regarding the rules governing","those deductions. Any such rightholder","should have access in a non-discriminatory","manner to any social, cultural or","educational service funded through such","deductions. However, this Directive should","not affect national law on any aspects that","are not regulated by this Directive."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"77","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Josef Weidenholzer","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-78","location":[["Proposal for a directive","Recital 16"]],"meps":[111014],"meta":{"created":"2019-07-03T05:35:28"},"new":["(16) Since rightholders are entitled to be","remunerated for the exploitation of their","rights, it is important for any deduction to","be decided by all members of collecting","societies and for the societies to be","transparent towards rightholders regarding","the rules governing those deductions. Any","such rightholder should have access easily,","at any time and in a non-discriminatory","manner to any social, cultural or","educational service funded through such","deductions. However, this Directive should","not affect national law on any aspects that","are not regulated by this Directive."],"old":["(16) Since rightholders are entitled to be","remunerated for the exploitation of their","rights, it is important for any deduction,","other than management fees or","deductions required by national law, to be","decided by the members of collecting","","","societies and for the societies to be","transparent towards rightholders regarding","the rules governing those deductions. Any","such rightholder should have access in a","non-discriminatory manner to any social,","cultural or educational service funded","through such deductions. However, this","Directive should not affect national law on","any aspects that are not regulated by this","Directive."],"orig_lang":"de","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"78","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Emma McClarkin","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-79","location":[[" Proposal for a directive","Recital 18 a (new)"]],"meps":[96919],"meta":{"created":"2019-07-03T05:35:28"},"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."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"79","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Toine Manders","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-80","location":[[" Proposal for a directive","Recital 18 a (new)"]],"meta":{"created":"2019-07-03T05:35:28"},"new":["(18a) Collecting societies and users","should also establish communication","procedures in order to allow users to","provide necessary information on the use","of the licences and to report accurately, to","the extent possible, on the actual use of","the works licensed."],"old":[""],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"80","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Josef Weidenholzer","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-81","location":[["Proposal for a directive","Recital 19"]],"meps":[111014],"meta":{"created":"2019-07-03T05:35:28"},"new":["(19) To enhance the trust of rightholders,","users and other collecting societies in the","management services provided by","collecting societies, each collecting society","should be required to set up specific","transparency measures. Each collecting","society should therefore inform individual","rightholders of the amounts paid to them","and the corresponding deductions made.","They should also be required to provide","sufficient information, including financial","information, to the other collecting","societies whose rights they manage through","representation agreements. Each collecting","society should also make public enough","information to ensure that rightholders,","users, other collecting societies and the","general public understand how it is","structured and how it carries out its","activities. Collecting societies should in","particular disclose to rightholders, users,","other collecting societies and the general","public the scope of their repertoire and","their rules on fees, deductions and tariffs."],"old":["(19) To enhance the trust of rightholders,","users and other collecting societies in the","management services provided by","collecting societies, each collecting society","should be required to set up specific","transparency measures. Each collecting","society should therefore inform individual","rightholders of the amounts paid to them","and the corresponding deductions made.","They should also be required to provide","sufficient information, including financial","information, to the other collecting","societies whose rights they manage through","representation agreements. Each collecting","society should also make public enough","information to ensure that rightholders,","users and other collecting societies","understand how it is structured and how it","carries out its activities. Collecting","societies should in particular disclose to","rightholders, users and other collecting","societies the scope of their repertoire and","their rules on fees, deductions and tariffs."],"orig_lang":"de","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"81","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Emma McClarkin","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-82","justification":" In line with better regulation and the Commission's commitments, Member States are allowed\n to exempt micro entities from certain, potentially burdensome, requirements.","location":[["Proposal for a directive","Recital 20"]],"meps":[96919],"meta":{"created":"2019-07-03T05:35:28"},"new":["(20) To ensure that rightholders are in a","position to monitor the performance of","their collecting management organisations","and compare their respective performance,","collecting management organisations","should make public an annual transparency","report comprising comparable audited","financial information specific to the","activities of collecting management","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","management organisations, in line with","better regulation commitments and to","make the obligations arising from this","Directive proportionate, Member States","should exclude the smallest collecting","management organisations from having","to organise such a supervisory function."],"old":["(20) To ensure that rightholders are in a","position to monitor the performance of","their collecting societies and compare their","respective performance, collecting","societies should make public an annual","transparency report comprising comparable","audited financial information specific to","the activities of collecting societies.","Collecting societies should also make","public an annual special report on the use","of amounts dedicated to social, cultural and","educational services. To avoid imposing","excessive burden on smaller collecting","societies 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 societies from certain","transparency obligations."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"82","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Rolandas Paksas","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-83","location":[[" Proposal for a directive","Recital 20 a (new)"]],"meps":[96694],"meta":{"created":"2019-07-03T05:35:28"},"new":["(20a) This Directive is without prejudice","to the arrangements in the Member States","concerning the management of rights","such as extended collective licensing,","compulsory collective management and","legal presumptions of representation, or","transfer of rights, provided that such","arrangements are compatible with Union","law and the international obligations of","the Union and its Member States. In the","case of mandatory collective management","for all works in a relevant category of","rights or type of content, the obligation to","publish the repertoire is unnecessary","where only one is actively mandated."],"old":["",""],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"83","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Anna Maria Corazza Bildt","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-84","location":[["Proposal for a directive","Recital 22"]],"meps":[96674],"meta":{"created":"2019-07-03T05:35:28"},"new":["(22) While the Internet knows no borders,","the online market for music services in the","EU is still fragmented, and a single market","has still not been fully achieved. The","complexity and difficulty associated with","the collective management of rights in","Europe has, in a number of instances,","exacerbated the fragmentation of the","European digital market for online music","services. This situation comes in stark","contrast to the fast growing demand of","consumers for access to digital content and","associated innovative services, including","across national borders. As a result, the","potential of information technology","remains untapped and consumers are","deprived of a truly borderless digital","single market for music. It is therefore","important to move forward in order to","ensure equal status for free movement of","goods and services both physically and","digitally."],"old":["(22) While the Internet knows no borders,","the online market for music services in the","EU is still fragmented, and a single market","has still not been fully achieved. The","complexity and difficulty associated with","the collective management of rights in","Europe has, in a number of instances,","exacerbated the fragmentation of the","European digital market for online music","services. This situation comes in stark","contrast to the fast growing demand of","consumers for access to digital content and","associated innovative services, including","across national borders."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"84","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sabine Verheyen","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-85","location":[[" Proposal for a directive","Recital 22 a (new)"]],"meps":[96756],"meta":{"created":"2019-07-03T05:35:28"},"new":["(22a) The provision of multi-territorial","multi-reportoire licences for online music","rights and the safeguarding of a fair and","adequate renumeration for rightsholders","by collective management organisations","lies in the general economic and cultural","interest of the European Union and its","citizens. Cross-border cooperation of","collective management organisations or","the consolidation of their licencing","activities to pool their respective","complementary repertoires is","indispensable for the establishment and","the functioning of an efficient system of","multi-territorial multi-repertoire licences","for online rights in musical works."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"85","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Emma McClarkin","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-86","location":[[" Proposal for a directive","Recital 24"]],"meps":[96919],"meta":{"created":"2019-07-03T05:35:28"},"new":["(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 management 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 management","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","management 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 management organisation to","request another collecting management","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."],"old":["(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 societies, 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 societies of multi-","territorial collective licensing of authors'","online rights in musical works. These","","provisions should ensure the necessary","minimum quality of the cross-border","services provided by collecting societies,","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","society to request another collecting society","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."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"86","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Rolandas Paksas","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-87","location":[["Proposal for a directive","Recital 24"]],"meps":[96694],"meta":{"created":"2019-07-03T05:35:28"},"new":["(24) Unlike other creative sectors where","direct licensing plays a more prominent","role, the collective management of authors'","rights on a territorial basis remains the","norm in the music sector. Therefore, it is","essential to create conditions conducive to","the most effective licensing practices by","collecting societies, 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 societies of multi-","territorial collective licensing of authors'","online rights in musical works. These","provisions should ensure the necessary","minimum quality of the cross-border","services provided by collecting societies,","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","society to request another collecting","society 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."],"old":["(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 societies, 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 societies of multi-","territorial collective licensing of authors'","online rights in musical works. These","provisions should ensure the necessary","minimum quality of the cross-border","services provided by collecting societies,","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","society to request another collecting","society 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."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"87","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sabine Verheyen","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-88","location":[[" Proposal for a directive","Recital 35"]],"meps":[96756],"meta":{"created":"2019-07-03T05:35:28"},"new":["(35) Broadcasting organisations generally","rely on a licence from a local collecting","society, for their own broadcasts of","television and radio programmes which","include musical works. 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 in the interest of online","accessibility, 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 make","possible online offers connected to linear","broadcasting. 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."],"old":["(35) Broadcasting organisations generally","rely on a 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 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."],"orig_lang":"de","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"88","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-89","location":[["Proposal for a directive","Recital 36"]],"meta":{"created":"2019-07-03T05:35:28"},"new":["(36) It is necessary to ensure the effective","enforcement of the provisions of the","national law adopted pursuant to this","Directive. Collecting societies should offer","their members specific procedures for the","handling of complaints and the resolution","of disputes. These procedures should also","be made available to other rightholders","represented by the collecting society. It is","also appropriate to ensure that Member","States have independent, impartial and","effective dispute resolution bodies capable","of settling commercial disputes between","collecting societies and users on existing or","proposed licensing conditions as well as on","situations in which the granting of a licence","is refused. Furthermore, the effectiveness","of the rules on the multi-territorial","licensing of online rights in musical works","could be undermined if disputes between","collecting societies and their counterparts","were not solved quickly and efficiently by","independent and impartial bodies. As a","result, it is appropriate to provide, without","prejudice to the right of access to a court,","for an easily accessible, efficient and","impartial out-of-court procedure for","resolving conflicts between collecting","societies, on the one hand, and online","music service providers, rightholders or","other collecting societies, on the other."],"old":["(36) It is necessary to ensure the effective","enforcement of the provisions of the","national law adopted pursuant to this","Directive. Collecting societies should offer","their members specific procedures for the","handling of complaints and the resolution","of disputes. These procedures should also","be made available to other rightholders","represented by the collecting society. It is","also appropriate to ensure that Member","States have independent, impartial and","","effective dispute resolution bodies capable","of settling commercial disputes between","collecting societies and users on existing or","proposed licensing conditions as well as on","situations in which the granting of a licence","is refused. Furthermore, the effectiveness","of the rules on the multi-territorial","licensing of online rights in musical works","could be undermined if disputes between","collecting societies and their counterparts","were not solved quickly and efficiently by","independent and impartial bodies. As a","result, it is appropriate to provide, without","prejudice to the right of access to a","tribunal, for an easily accessible, efficient","and impartial out-of-court procedure for","resolving conflicts between collecting","societies, on the one hand, and online","music service providers, rightholders or","other collecting societies, on the other."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"89","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Cornelis de Jong","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-90","location":[[" Proposal for a directive","Recital 41"]],"meta":{"created":"2019-07-03T05:35:28"},"new":["(41) This Directive respects the","fundamental rights and observes the","principles enshrined in the Charter of","Fundamental Rights of the European","Union. The requirement in the Directive","that dispute resolution mechanisms should","be made available to members,","rightholders, users and collecting societies","should not prevent the parties from","exercising their right of access to a court as","guaranteed in the Charter of Fundamental","Rights of the European Union."],"old":["(41) This Directive respects the","fundamental rights and observes the","principles enshrined in the Charter of","Fundamental Rights of the European","Union. The requirement in the Directive","that dispute resolution mechanisms should","be made available to members,","rightholders, users and collecting societies","should not prevent the parties from","exercising their right of access to a","tribunal as guaranteed in the Charter of","Fundamental Rights of the European","Union."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"90","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Rolandas Paksas","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-91","location":[["Proposal for a directive","Recital 43"]],"meps":[96694],"meta":{"created":"2019-07-03T05:35:29"},"new":["(43) The provisions of this Directive are","without prejudice to the application of","competition law rules, and any other","relevant law in other areas including","confidentiality, in particular with respect","to individual agreements and non-","disclosure agreements, trade secrets,","privacy, access to documents, the law of","contract and private international law","relating to the conflict of laws and the","jurisdiction of courts."],"old":["(43) The provisions of this Directive are","without prejudice to the application of","competition law rules, and any other","relevant law in other areas including","confidentiality, trade secrets, privacy,","access to documents, the law of contract","and private international law relating to the","conflict of laws and the jurisdiction of","courts."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"91","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sabine Verheyen","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-92","location":[["Proposal for a directive","Article 1"]],"meps":[96756],"meta":{"created":"2019-07-03T05:35:29"},"new":["This Directive lays down requirements","necessary to ensure the proper functioning","of the management of copyright and","related rights by collective management","organisations. It also lays down","requirements for multi-territorial licensing","by collecting societies of authors' rights in","musical works for online use.","(This amendment applies throughout the","text)"],"old":["This Directive lays down requirements","necessary to ensure the proper functioning","of the management of copyright and","related rights by collecting societies. It also","lays down requirements for multi-territorial","licensing by collecting societies of authors'","rights in musical works for online use."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"92","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Rolandas Paksas","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-93","location":[[" Proposal for a directive","Article 1"]],"meps":[96694],"meta":{"created":"2019-07-03T05:35:29"},"new":["This Directive lays down requirements","necessary to ensure the proper functioning","of the management of copyright and","related rights by collective management","organisations. It also lays down","requirements for multi-territorial licensing","by collecting societies of authors' rights in","musical works for online use."],"old":["This Directive lays down requirements","necessary to ensure the proper functioning","of the management of copyright and","related rights by collecting societies. It also","lays down requirements for multi-territorial","licensing by collecting societies of authors'","rights in musical works for online use."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"93","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Christian Engstr\u00f6m","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-94","justification":" To avoid circumventing the rules by setting up outside of the EU, the directive should apply to\n all collecting societies active in at least one member state.","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 1"]],"meps":[96676],"meta":{"created":"2019-07-03T05:35:29"},"new":["Titles I, II and IV with the exception of","Articles 36 and 40 shall apply to all","collective management organisations","active in at least one Member State in the","Union."],"old":["Titles I, II and IV with the exception of","Articles 36 and 40 shall apply to all","collecting societies established in the","Union."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"94","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sabine Verheyen","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-95","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 2 a (new)"]],"meps":[96756],"meta":{"created":"2019-07-03T05:35:29"},"new":["Title III shall not apply to collecting","societies which distribute licences to","broadcasters in accordance with national","and EU law for their online offers","connected to linear broadcasting."],"orig_lang":"de","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"95","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sabine Verheyen","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-96","location":[["Proposal for a directive","Article 2 \u2013 paragraph 2 b (new)"]],"meps":[96756],"meta":{"created":"2019-07-03T05:35:29"},"new":["Title I, Articles 10, 11(1), 12, 15, 16, 18,","19 and 20 of Title II, Title III and Articles","34, 35, 37 and 38 of Title IV shall apply to","independent commercial operators which","as its principal or main activity offer","collective rights management services to","holders of copyrights or rights related to","copyright on a commercial basis."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"96","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sabine Verheyen","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-97","location":[["Proposal for a directive","Article 2 \u2013 paragraph 2 c (new)"]],"meps":[96756],"meta":{"created":"2019-07-03T05:35:29"},"new":["Titles I, II and IV of this directive shall","apply to all collecting societies established","in the Union. The Member States may","apply Title I, Chapters 2 to 5 of Title II,","and Title IV with the exception of Articles","36 and 40, of this directive to third","country collecting societies where they","license rights on the territories of the","Member States."],"old":[""],"orig_lang":"de","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"97","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Christian Engstr\u00f6m","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-98","justification":" Definition suggested by the Irish presidency, with the addition of (iii) to make sure the\n directive covers subsidiaries as well.","location":[[" Proposal for a directive","Article 3 \u2013 point a"]],"meps":[96676],"meta":{"created":"2019-07-03T05:35:29"},"new":["(a) 'collective management organisation'","means any organisation authorised by law","or by way of assignment, licence or any","other contractual arrangement to manage","copyright or rights related to copyright on","behalf of more than one rightholder, for","the collective benefit of those rightholders","as its sole or one of its main purposes, and","which is:","(i) owned or controlled by its members, or","(ii) organised as a not for profit","organisation, or","(iii) owned or controlled by one or more","collective management organisations;"],"old":["(a) \u2018collecting society\u2019 means any","organisation which is authorised by law or","by way of assignment, licence or any other","contractual arrangement, by more than one","rightholder, to manage copyright or rights","related to copyright as its sole or main","purpose and which is owned or controlled","by its members;"],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"98","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sabine Verheyen","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-99","location":[[" Proposal for a directive","Article 3 \u2013 point a"]],"meps":[96756],"meta":{"created":"2019-07-03T05:35:29"},"new":["(a) \u2018collective management organisation\u2019","means any non-profit organisation which","is authorised by law or by way of","assignment, licence or any other","contractual arrangement, to collectively","manage and licence specific categories of","works or other protected subject matter, or","specific categories of copyright or rights","related to copyright, on behalf and","account of more than one rightholder as","its sole or main purpose, which is built on","the principle of solidarity among","rightholders and its fiduciary duty to act","in the interest of all rightholders it","represents;"],"old":["(a) \u2018collecting society\u2019 means any","organisation which is authorised by law or","","by way of assignment, licence or any other","contractual arrangement, by more than one","rightholder, to manage copyright or rights","related to copyright as its sole or main","purpose and which is owned or controlled","by its members;"],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"99","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-100","location":[["Proposal for a directive","Article 3 \u2013 point a"]],"meta":{"created":"2019-07-03T05:35:29"},"new":["(a) 'collective management organisation'","means any profit or nonprofit","organisation authorised by law or by way","of assignment, licence or any other","contractual arrangement to manage","copyright or rights related to copyright on","behalf of more than one rightholder, for","the collective benefit of those rightholders","as its sole or one of its main purposes;"],"old":["(a) \u2018collecting society\u2019 means any","organisation which is authorised by law or","by way of assignment, licence or any other","contractual arrangement, by more than one","rightholder, to manage copyright or rights","related to copyright as its sole or main","purpose and which is owned or controlled","by its members;"],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"100","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Rolandas Paksas","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-101","location":[["Proposal for a directive","Article 3 \u2013 point a"]],"meps":[96694],"meta":{"created":"2019-07-03T05:35:29"},"new":["(a) 'collective management organisation'","means any organisation which is authorised","by law or by way of assignment, licence or","any other contractual arrangement, by a","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;"],"old":["(a) \u2018collecting society\u2019 means any","organisation which is authorised by law or","","by way of assignment, licence or any other","contractual arrangement, by more than one","rightholder, to manage copyright or rights","related to copyright as its sole or main","purpose and which is owned or controlled","by its members;"],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"101","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sabine Verheyen","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-102","location":[[" Proposal for a directive","Article 3 \u2013 point a a (new)"]],"meps":[96756],"meta":{"created":"2019-07-03T05:35:29"},"new":["(aa) 'online rights pool' means any form","of cooperation of collective management","organisations with other collective","management organisations and/or entities","within the meaning of Article 31 of this","Directive which serves the purpose of","granting licences for online rights in","musical works covering the repertoire of","all participating collective management","organisations and entities involved;"],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"102","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Rolandas Paksas","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-103","location":[[" Proposal for a directive","Article 3 \u2013 point c"]],"meps":[96694],"meta":{"created":"2019-07-03T05:35:29"},"new":["(c) 'member of a collecting society' means","a rightholder or an entity directly","representing rightholders, including other","collecting societies and associations of","rightholders, such as trade unions,","fulfilling the membership requirements of","the collecting society;"],"old":["(c) \u2018member of a collecting society\u2019 means","a rightholder or an entity directly","representing rightholders, including other","collecting societies and associations of","rightholders, fulfilling the membership","requirements of the collecting society;"],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"103","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Christian Engstr\u00f6m","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-104","justification":"Art 10 mentions that this income derived from investments should be kept separate from the\ncollecting society's own funds, but not that it should actually be paid out to the rightholders.\nIncluding the income from investments in the definition is the easiest way to remedy this.","location":[["Proposal for a directive","Article 3 \u2013 point f"]],"meps":[96676],"meta":{"created":"2019-07-03T05:35:29"},"new":["(f) 'rights revenue' means income collected","by a collective management organisation","on behalf of rightholders, whether from an","exclusive right, a right to remuneration or a","right to compensation, and including any","income derived from the investments of","rights revenue;"],"old":["(f) \u2018rights revenue\u2019 means income collected","by a collecting society on behalf of","rightholders, whether from an exclusive","right, a right to remuneration or a right to","compensation;"],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"104","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Josef Weidenholzer","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-105","location":[["Proposal for a directive","Article 3 \u2013 point f"]],"meps":[111014],"meta":{"created":"2019-07-03T05:35:30"},"new":["(f) 'rights revenue' means income collected","by a collecting society on behalf of","rightholders, whether from an exclusive","right or a right to remuneration."],"old":["(f) 'rights revenue' means income collected","by a collecting society on behalf of","rightholders, whether from an exclusive","right, a right to remuneration or a right to","compensation;"],"orig_lang":"de","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"105","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Josef Weidenholzer","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-106","location":[[" Proposal for a directive","Article 3 \u2013 point i"]],"meps":[111014],"meta":{"created":"2019-07-03T05:35:30"},"new":["(i) 'user' means any natural person or legal","entity who is carrying out acts subject to","the authorisation of rightholders or the","remuneration of rightholders and who is","not acting in the capacity of a consumer."],"old":["(i) 'user' means any natural person or legal","entity who is carrying out acts subject to","the authorisation of rightholders, the","remuneration of rightholders or the","payment of compensation to rightholders","and who is not acting in the capacity of a","consumer;"],"orig_lang":"de","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"106","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sabine Verheyen","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-107","location":[[" Proposal for a directive","Article 3 a (new)"]],"meps":[96756],"meta":{"created":"2019-07-03T05:35:30"},"new":["Article 3a","General principle","1. The Member States shall ensure that","collecting societies under their","jurisdiction comply with the provisions of","this directive. For the purposes of this","directive, the jurisdiction of a Member","State shall cover both collecting societies","established in that Member State and","collecting societies which license a","significant proportion of their repertoire","in that Member State.","2. A Member State may require collecting","societies under its jurisdiction or","operating in its territory to comply with","stricter or more detailed rules in the areas","coordinated by this directive, provided","such requirements are compatible with","EU law.","3. In cases where a Member State:","(a) has exercised its freedom under","paragraph 2 to adopt more detailed or","stricter rules of general public interest;","and","(b) comes to the conclusion that a","collecting society under the jurisdiction of","another Member State is carrying out","significant licensing operations on its","territory,","it may contact the Member State having","jurisdiction with a view to achieving a","mutually satisfactory solution to any","problems that arise."],"old":[""],"orig_lang":"de","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"107","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-108","location":[["Proposal for a directive","Article 4 \u2013 paragraph 1"]],"meta":{"created":"2019-07-03T05:35:30"},"new":["Member States shall ensure that collective","management organisations act in the best","interests of the rightholders whose rights","they represent and do not impose on them","any obligations which are not objectively","necessary for the protection of the rights","and interests of these rightholders."],"old":["Member States shall ensure that collecting","societies act in the best interest of their","members and do not impose on","rightholders whose rights they manage","any obligations which are not objectively","necessary for the protection of the rights","and interests of these rightholders."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"108","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sabine Verheyen","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-109","location":[["Proposal for a directive","Article 4 \u2013 paragraph 1"]],"meps":[96756],"meta":{"created":"2019-07-03T05:35:30"},"new":["Member States shall ensure that collecting","societies act in the collective best interest","of their members and do not impose on","rightholders whose rights they manage as","trustees any obligations which are not","objectively necessary for the protection of","the rights and interests of these","rightholders provided they allow the","collecting societies sufficient discretion to","negotiate with rights users."],"old":["Member States shall ensure that collecting","societies act in the best interest of their","members and do not impose on","rightholders whose rights they manage any","obligations which are not objectively","","necessary for the protection of the rights","and interests of these rightholders."],"orig_lang":"de","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"109","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sabine Verheyen","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-110","location":[[" Proposal for a directive","Article 4 \u2013 paragraph 1 a (new)"]],"meps":[96756],"meta":{"created":"2019-07-03T05:35:30"},"new":["Member States shall ensure that","rightholders are free to entrust their","rights to a collective management","organisation and that when they have","decided to do so, this decision prevails","over any presumption of transfer of","rights."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"110","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sirpa Pietik\u00e4inen","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-111","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2"]],"meps":[40599],"meta":{"created":"2019-07-03T05:35:30"},"new":["2. Rightholders shall have the right to","authorise a collective management","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 collective","management organisation or the","rightholder. Collective management","organisation shall have the right to","require the exclusive assignment of the","rights in all works of their members."],"old":["2. Rightholders shall have the right to","authorise a collecting society 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 rightholder.",""],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"111","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sabine Verheyen","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-112","location":[["Proposal for a directive","Article 5 \u2013 paragraph 2"]],"meps":[96756],"meta":{"created":"2019-07-03T05:35:30"},"new":["2. According to the rules collectively","decided at the General Assembly,","rightholders shall have the right to","authorise a collective management","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 rightholder."],"old":["2. Rightholders shall have the right to","authorise a collecting society 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 rightholder."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"112","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Christian Engstr\u00f6m","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-113","justification":" Rightholders should retain the right to freely decide over the rights to their own works. In\n other countries, for instance in the United States, rightholders have the right to manage\n individual works within their collective management organisation.","location":[["Proposal for a directive","Article 5 \u2013 paragraph 2"]],"meps":[96676],"meta":{"created":"2019-07-03T05:35:30"},"new":["2. Rightholders shall have the right to","authorise a collective management","organisation of their choice to manage the","rights, categories of rights, works 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 collective","management organisation or the","rightholder."],"old":["2. Rightholders shall have the right to","authorise a collecting society 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 rightholder.",""],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"113","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Robert Rochefort","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-114","justification":" A fragmentation of rights could result in pressure by producers on authors to limit the\n collective management input to certain rights only. For example, producers could accept\n collective management for linear TV broadcasting, but require individual management for\n Video on Demand (VoD). There would be many undesired effects, to the detriment of both\n authors and broadcasters (in particular less protection of authors' remuneration and greater\n difficulty for broadcasters in offering works in different media).","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2"]],"meps":[97022],"meta":{"created":"2019-07-03T05:35:30"},"new":["2. Rightholders shall have the right to","authorise a collecting society of their","choice to manage the rights, 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 rightholder."],"old":["2. Rightholders shall have the right to","authorise a collecting society 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 rightholder."],"orig_lang":"fr","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"114","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Robert Rochefort","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-115","justification":"A fragmentation of rights could result in pressure by producers on authors to limit the\ncollective management input to certain rights only. For example, producers could accept\ncollective management for linear TV broadcasting, but require individual management for\nVideo on Demand (VoD). There would be many undesired effects, to the detriment of both\nauthors and broadcasters (in particular less protection of authors' remuneration and greater\ndifficulty for broadcasters in offering works in different media).","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2 \u2013 subparagraph 1 a (new)"]],"meps":[97022],"meta":{"created":"2019-07-03T05:35:30"},"new":["For collecting societies which manage","copyright in the audiovisual field,","Member States may provide for measures","authorising their general meeting to ask","rightholders to entrust them with the","management of a combination of rights,","types of works and other subject matter of","their choice."],"orig_lang":"fr","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"115","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Josef Weidenholzer","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-116","location":[["Proposal for a directive","Article 5 \u2013 paragraph 2 \u2013 subparagraph 1 a (new)"]],"meps":[111014],"meta":{"created":"2019-07-03T05:35:30"},"new":["When rightsholders authorise collecting","societies to manage their rights, they shall","also have the freedom not to have all their","works managed by the collecting societies","and shall be offered the possibility to","exclude some works of the collective","management. In case the authorisation is","done on an exclusive basis, the","authorisation shall have a limited term of","no more than five years."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"116","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Bernadette Vergnaud","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-117","justification":" In the audiovisual sector, unlike in the music industry, because of the specific balance of\n power between authors and producers, a fragmentation of the contribution of rights by\n category could be to the detriment of the remuneration of authors and broadcasting\n opportunities for broadcasters.","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2 \u2013 subparagraph 1 a (new)"]],"meps":[28177],"meta":{"created":"2019-07-03T05:35:31"},"new":["Notwithstanding the first subparagraph,","Member States may adopt specific","provisions for the management of rights","in the audiovisual field, authorising","collecting societies to ask rightholders to","entrust them with the collective","management of rights for all modes of","exploitation of the work."],"orig_lang":"fr","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"117","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-118","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2 a (new)"]],"meps":[96773],"meta":{"created":"2019-07-03T05:35:31"},"new":["2a. Rightholders shall have the right to","grant free licences for the non-","commercial use of their works and rights.","In this case, rightholders shall inform in","due time the collective management","organisations authorised to manage the","rights of such works that such a free","licence has been granted."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"118","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Christian Engstr\u00f6m","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-119","justification":"Flexibility should be given to rightholders in the management of their works: rightholders\nshould have the right to decide if some of their works could be used under free licensing, such\nas Creative Commons, without jeopardising their membership to the CMO which represents\nthem.","location":[["Proposal for a directive","Article 5 \u2013 paragraph 2 a (new)"]],"meps":[96676],"meta":{"created":"2019-07-03T05:35:31"},"new":["2a. Rightholders shall have the right to","grant free licences for the non-","commercial use of their works and rights.","In this case, rightholders shall inform in","due time the collective management","organisations authorised to manage the","rights of such works that such a free","licence has been granted."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"119","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Josef Weidenholzer","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-120","justification":"Right holders should be entitled to use alternative licences such as Creative Commons.","location":[["Proposal for a directive","Article 5 \u2013 paragraph 2 a (new)"]],"meps":[111014],"meta":{"created":"2019-07-03T05:35:31"},"new":["2a. Members and rightholders of","collecting societies shall be entitled to use","alternative licences for commercial and","non-commercial purposes."],"orig_lang":"de","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"120","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Josef Weidenholzer","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-121","justification":" There is no need for the right of termination to be restricted and made more difficult by long\n time limits.","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 3"]],"meps":[111014],"meta":{"created":"2019-07-03T05:35:31"},"new":["3. Rightholders shall have the right to","terminate the authorisation to manage","rights, categories of rights or types of","works and other subject matter granted to a","collecting society or to withdraw from a","collecting society any of the rights or","categories of 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."],"old":["3. Rightholders shall have the right to","terminate the authorisation to manage","rights, categories of rights or types of","works and other subject matter granted to a","collecting society or to withdraw from a","collecting society any of the rights or","categories of 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 society 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."],"orig_lang":"de","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"121","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Bernadette Vergnaud","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-122","justification":"It is essential to allow a right of withdrawal, it is necessary to regulate it so as to avoid\nundesired effects undermining the very idea of the principles of sharing and solidarity that\nare at the very heart of the task of collecting societies.","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 3"]],"meps":[28177],"meta":{"created":"2019-07-03T05:35:31"},"new":["3. Rightholders shall have the right to","terminate the authorisation to manage","rights, categories of rights or types of","works and other subject matter granted to a","collecting society or to withdraw from a","collecting society any of the rights or","categories of 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 society may decide","that such termination or withdrawal will","take effect only at the end of a period not","exceeding two years from the date on","which the author joined."],"old":["3. Rightholders shall have the right to","terminate the authorisation to manage","rights, categories of rights or types of","works and other subject matter granted to a","collecting society or to withdraw from a","collecting society any of the rights or","","","categories of 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 society 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."],"orig_lang":"fr","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"122","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Christian Engstr\u00f6m","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-123","justification":" Individual works, see Article 5.2","location":[["Proposal for a directive","Article 5 \u2013 paragraph 3"]],"meps":[96676],"meta":{"created":"2019-07-03T05:35:31"},"new":["3. Rightholders shall have the right to","terminate the authorisation to manage","rights, categories of rights, works or types","of works and other subject matter granted","to a collective management organisation","or to withdraw from a collective","management organisation any of the","rights or categories of rights, works or","types of works and other subject matter of","their choice, at any time during the term","of the authorisation, for the Member","States of their choice, upon serving","reasonable notice not exceeding six","months. The collective management","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."],"old":["3. Rightholders shall have the right to","terminate the authorisation to manage","rights, categories of rights or types of","works and other subject matter granted to a","collecting society or to withdraw from a","collecting society any of the rights or","categories of 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 society 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."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"123","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Robert Rochefort","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-124","justification":" The right of withdrawal must be recognised. However, Member States must be able to\n regulate the conditions of removal for the authors to avoid a situation in which rightholders\n go back and forth, which objectively amounts to misuse. Such misuse would prevent collecting\n societies from fulfilling their task of sharing management costs for the benefit of all authors\n and defending and promoting cultural diversity and undermine legal certainty for users.","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 3"]],"meps":[97022],"meta":{"created":"2019-07-03T05:35:31"},"new":["3. Rightholders shall have the right to","terminate the authorisation to manage","rights, categories of rights or types of","works and other subject matter granted to a","collecting society or to withdraw from a","collecting society any of the rights or","categories of 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 society may decide","that such termination or withdrawal will","take effect only at the end of the financial","year."],"old":["3. Rightholders shall have the right to","terminate the authorisation to manage","rights, categories of rights or types of","works and other subject matter granted to a","collecting society or to withdraw from a","collecting society any of the rights or","categories of 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 society 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."],"orig_lang":"fr","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"124","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Robert Rochefort","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-125","justification":"The right of withdrawal must be recognised. However, Member States must be able to\nregulate the conditions of removal for the authors to avoid a situation in which people go\nback and forth, which objectively amounts to misuse. Such misuse would prevent collecting\nsocieties from fulfilling their task of sharing management costs for the benefit of all authors\nand defending and promoting cultural diversity and undermine legal certainty for users.","location":[["Proposal for a directive","Article 5 \u2013 paragraph 3 \u2013 subparagraph 1 a (new)"]],"meps":[97022],"meta":{"created":"2019-07-03T05:35:31"},"new":["Under competition law, Member States","may provide for measures allowing","collecting societies to adopt adjusted","detailed rules aimed at restricting the","scope for rightholders to go back and","forth in an objectively abusive manner.","."],"orig_lang":"fr","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"125","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Christian Engstr\u00f6m","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-126","justification":" Individual works, see Article 5.2","location":[["Proposal for a directive","Article 5 \u2013 paragraph 5"]],"meps":[96676],"meta":{"created":"2019-07-03T05:35:31"},"new":["5. Collective 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, works or type of works","and other subject matter which are subject","to the termination or the withdrawal are","entrusted to another collective","management organisation."],"old":["5. Collecting societies 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 society."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"126","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Christian Engstr\u00f6m","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-127","justification":" Individual works, see Article 5.2","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 6"]],"meps":[96676],"meta":{"created":"2019-07-03T05:35:31"},"new":["6. Member States shall ensure that the","rightholder gives express consent","specifically for each right or category of","rights, works or type of works and other","subject matter which that rightholder","authorises the collective management","organisation to manage and that any such","consent is evidenced in documentary form."],"old":["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 society to manage and that any","such consent is evidenced in documentary","form."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"127","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Christel Schaldemose","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-128","justification":"As is underlined in the Directive on orphan works, the collecting societies shall not be obliged\nto get consent from rightholders covered by extended collective licenses or other similar\nschemes in a Member State.","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 6 \u2013 subparagraph 1 a (new)"]],"meps":[37312],"meta":{"created":"2019-07-03T05:35:31"},"new":["First subparagraph of this paragraph is","without prejudice to the arrangements in","the Member States concerning the","administration of rights through extended","collective licenses, mandatory collective","management or similar arrangements or a","combination of them, and legal","presumptions of representation or","transfer of rights.","Or. en","orphan works (OJ L 299, 27.10.2012, p. 5).)"],"old":["","","(See wording of Article 1, paragraph 5, of Directive 2012/28/EU on certain permitted uses of"],"peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"128","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Christian Engstr\u00f6m","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-129","justification":"With a number of cases of corruption or mismanagement of funds in collecting societies in\nrecent years, there is a strong need for external audits so that real independence and\ndiligence can be assured in the auditing process.","location":[["Proposal for a directive","Article 5 \u2013 paragraph 7 a (new)"]],"meps":[96676],"meta":{"created":"2019-07-03T05:35:31"},"new":["7a. Each member of a collective","management organisation shall have the","right to request external independent","audits of their collective management","organisation at any time during the term","of the authorisation."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"129","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Emma McClarkin","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-130","location":[["Proposal for a directive","Article 5 \u2013 paragraph 7 \u2013 subparagraph 2"]],"meps":[96919],"meta":{"created":"2019-07-03T05:35:31"},"new":["Collecting management organisations","shall inform their members of their rights","under paragraphs 1 to 6 within four months","of the transposition date of this Directive."],"old":["Collecting societies shall inform their","members of their rights under paragraphs 1","to 6 within six months of the transposition","date of this Directive."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"130","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Rolandas Paksas","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-131","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 2"]],"meps":[96694],"meta":{"created":"2019-07-03T05:35:31"},"new":["2. Collecting societies shall only refuse a","request for membership on the basis of","objective criteria. These criteria shall be","included in the statute or the membership","terms of the collecting society and shall be","made publicly available."],"old":["2. Collecting societies shall accept","rightholders as members if they fulfil the","membership requirements. They may only","refuse a request for membership on the","basis of objective criteria. These criteria","shall be included in the statute or the","membership terms of the collecting society","and shall be made publicly available."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"131","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Josef Weidenholzer","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-132","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 2"]],"meps":[111014],"meta":{"created":"2019-07-03T05:35:31"},"new":["2. Collecting societies shall accept","rightholders as members if they fulfil the","membership requirements. They may only","refuse a request for membership on the","basis of objective and transparent criteria.","The rightholder must be given a clear","explanation as to why the request for","membership was refused. These criteria","shall be included in the statute or the","membership terms of the collecting society","and shall be made publicly available. The","criteria must be non-discriminatory and","must not result in members being","excluded on the grounds of the size of","their repertoire, the expected volume of","income in the form of fees or earlier","licensing agreements."],"old":["2. Collecting societies shall accept","rightholders as members if they fulfil the","membership requirements. They may only","refuse a request for membership on the","basis of objective criteria. These criteria","shall be included in the statute or the","membership terms of the collecting society","and shall be made publicly available."],"orig_lang":"de","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"132","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-133","location":[["Proposal for a directive","Article 6 \u2013 paragraph 2"]],"meta":{"created":"2019-07-03T05:35:32"},"new":["2. Collecting societies shall accept","rightholders and entities representing","rightholders, including other collective","management organisations and","associations of rightholders, as members","if they fulfil the membership requirements.","They may only refuse a request for","membership on the basis of objective and","non-discriminatory criteria. These criteria","shall be included in the statute or the","membership terms of the collecting society","and shall be made publicly available."],"old":["2. Collecting societies shall accept","rightholders as members if they fulfil the","membership requirements. They may only","refuse a request for membership on the","basis of objective criteria. These criteria","shall be included in the statute or the","membership terms of the collecting society","and shall be made publicly available."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"133","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Josef Weidenholzer","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-134","justification":" There is no need to have different categories of members.","location":[["Proposal for a directive","Article 6 \u2013 paragraph 3"]],"meps":[111014],"meta":{"created":"2019-07-03T05:35:32"},"new":["3. The statute of the collecting society shall","lay down appropriate and effective","democratic mechanisms of participation of","its members in the collecting society's","decision-making process. The","representation of members in all bodies","involved in the decision-making process","shall be fair and balanced and members","shall have the right to vote and to stand","for election at the general meeting."],"old":["3. The statute of the collecting society shall","provide for appropriate and effective","mechanisms of participation of its","members in the collecting society's","decision-making process. The","representation of the different categories","of members in the decision-making process","shall be fair and balanced."],"orig_lang":"de","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"134","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Rolandas Paksas","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-135","location":[[" Proposal for a directive","Article 6 \u2013 paragraph 3"]],"meps":[96694],"meta":{"created":"2019-07-03T05:35:32"},"new":["3. 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The","representation of the different categories of","members in the decision-making process","shall be fair and balanced."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"135","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Cornelis de Jong","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-136","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 2"]],"meta":{"created":"2019-07-03T05:35:32"},"new":["2. A general meeting of the members of the","collecting society shall be convened at","least once a year. The general meeting","shall be empowered to take the strategic","decisions in the collective society, the","implementation of which may be","delegated to the body exercising the","supervisory function, whilst ensuring that","rightholders with niche repertoire are","adequately represented in that body."],"old":["2. A general meeting of the members of the","collecting society shall be convened at","least once a year."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"136","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Toine Manders","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-137","location":[["Proposal for a directive","Article 7 \u2013 paragraph 2"]],"meta":{"created":"2019-07-03T05:35:32"},"new":["2. A general meeting of the members of the","collecting society shall be convened at","least once a year. The general meeting","shall be empowered to take the strategic","decisions in the collecting society. The","power to take any other decisions may be","delegated by the general meeting to the","body exercising the supervisory function."],"old":["2. A general meeting of the members of the","collecting society shall be convened at","least once a year."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"137","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Josef Weidenholzer","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-138","location":[["Proposal for a directive","Article 7 \u2013 paragraph 3"]],"meps":[111014],"meta":{"created":"2019-07-03T05:35:32"},"new":["3. The general meeting shall approve any","amendments to the statute and the","membership terms of the collecting society"],"old":["3. 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them."],"orig_lang":"de","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"139","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Josef Weidenholzer","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-140","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 5 \u2013 point a"]],"meps":[111014],"meta":{"created":"2019-07-03T05:35:32"},"new":["(a) the policy on the distribution of the","amounts due to rightholders;"],"old":["(a) the policy on the distribution of the","amounts due to rightholders, except where","the general meeting decides to delegate","this decision to the body exercising the","supervisory function;"],"orig_lang":"de","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"140","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Christian 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paragraph 5 \u2013 point b"]],"meps":[111014],"meta":{"created":"2019-07-03T05:35:32"},"new":["(b) the use of the amounts due to","rightholders which cannot be distributed as","set out in Article 12(2);"],"old":["(b) the use of the amounts due to","rightholders which cannot be distributed as","set out in Article 12(2) except where the","general meeting decides to delegate this","decision to the body exercising the","supervisory function;"],"orig_lang":"de","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"142","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Josef Weidenholzer","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-143","location":[["Proposal for a directive","Article 7 \u2013 paragraph 5 \u2013 point d a (new)"]],"meps":[111014],"meta":{"created":"2019-07-03T05:35:32"},"new":["(da) the statute of the collecting society;"],"orig_lang":"de","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"143","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Josef Weidenholzer","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-144","location":[["Proposal for a directive","Article 7 \u2013 paragraph 5 \u2013 point d b (new)"]],"meps":[111014],"meta":{"created":"2019-07-03T05:35:32"},"new":["(db) membership criteria and terms."],"orig_lang":"de","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"144","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Christian Engstr\u00f6m","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-145","justification":" With a number of cases of corruption or mismanagement of funds in collecting societies in\n recent years, there is a strong need for external audits so that real independence and\n diligence can be assured in the auditing process.","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 6"]],"meps":[96676],"meta":{"created":"2019-07-03T05:35:32"},"new":["6. 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The general meeting shall control the","activities of the collecting society by, at","least, deciding on the appointment and","removal of the auditor and approving the","annual transparency report and the auditor's","report."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"145","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Josef Weidenholzer","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-146","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 6"]],"meps":[111014],"meta":{"created":"2019-07-03T05:35:32"},"new":["6. The general meeting shall control the","activities of the collecting society by, at","least, deciding on the appointment and","removal of the auditor and approving the","annual transparency report and the auditor's","report. 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Since the income\ndistribution of rights holders in collective management organisations is extremely unequal,\nrestricting voting power according to amounts received may give rise to unreasonably large\ndifferences in influence.","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 7 \u2013 subparagraph 1 \u2013 point b"]],"meps":[96676],"meta":{"created":"2019-07-03T05:35:33"},"new":["deleted"],"old":["(b) amounts received or due to a member","in relation to the specified financial","period."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"150","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Rolandas Paksas","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-151","location":[["Proposal for a directive","Article 7 \u2013 paragraph 8"]],"meps":[96694],"meta":{"created":"2019-07-03T05:35:33"},"new":["8. 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Every member of a collective","management organisation shall have the","right to appoint any other natural or legal","person as a proxy holder to attend and vote","at the general meeting in his name. To be","valid, the proxy shall have been given","freely by the member to the proxy holder","no more than three months before its use."],"old":["8. Every member of a collecting society","shall have the right to appoint any other","natural or legal person as a proxy holder to","attend and vote at the general meeting in","his name."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"152","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sabine Verheyen","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-153","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 8"]],"meps":[96756],"meta":{"created":"2019-07-03T05:35:33"},"new":["8. Every member of a collecting society","shall have the right to appoint any other","member or a legal person in the same","category as a proxy holder to attend and","vote at the general meeting in his name."],"old":["8. Every member of a collecting society","shall have the right to appoint any other","natural or legal person as a proxy holder to","attend and vote at the general meeting in","his name."],"orig_lang":"de","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"153","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Cornelis de Jong","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-154","location":[[" Proposal for a directive","Article 8 \u2013 paragraph 1"]],"meta":{"created":"2019-07-03T05:35:33"},"new":["1. Member States shall ensure that the","collecting society establishes a supervisory","function responsible for continuously","monitoring the activities and the","performance of the duties of the persons","entrusted with managerial responsibilities","in the collecting society. There shall be fair","and balanced representation of the","members of the collecting society,","representing different categories of","rightholders, including niche repertoire,","in the body exercising this function in","order to ensure their effective participation."],"old":["1. Member States shall ensure that the","collecting society establishes a supervisory","","function responsible for continuously","monitoring the activities and the","performance of the duties of the persons","entrusted with managerial responsibilities","in the collecting society. There shall be fair","and balanced representation of the","members of the collecting society in the","body exercising this function in order to","ensure their effective participation."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"154","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Christian Engstr\u00f6m","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-155","justification":"Balance between different categories of members of the CMO","location":[["Proposal for a directive","Article 8 \u2013 paragraph 1"]],"meps":[96676],"meta":{"created":"2019-07-03T05:35:33"},"new":["1. Member States shall ensure that the","collective management organisation","establishes a supervisory function","responsible for continuously monitoring","the activities and the performance of the","duties of the persons entrusted with","managerial responsibilities in that","organisation. There shall be fair and","balanced representation of the different","categories of members of the collective","management organisation in the body","exercising this function in order to ensure","their effective participation"],"old":["1. Member States shall ensure that the","collecting society establishes a supervisory","function responsible for continuously","monitoring the activities and the","performance of the duties of the persons","entrusted with managerial responsibilities","in the collecting society. There shall be fair","and balanced representation of the","members of the collecting society in the","body exercising this function in order to","ensure their effective participation."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"155","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Christian Engstr\u00f6m","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-156","justification":" A requirement to meet \"regularly\" is too vague and should therefore be defined more clearly.","location":[[" Proposal for a directive","Article 8 \u2013 paragraph 2 \u2013 introductory part"]],"meps":[96676],"meta":{"created":"2019-07-03T05:35:33"},"new":["2. The body entrusted with the supervisory","function shall meet no less than every","three months and shall have at least the","following powers:"],"old":["2. The body entrusted with the supervisory","function shall meet regularly and shall","have at least the following powers:"],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"156","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Josef Weidenholzer","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-157","location":[[" Proposal for a directive","Article 8 \u2013 paragraph 2 \u2013 point a"]],"meps":[111014],"meta":{"created":"2019-07-03T05:35:33"},"new":["deleted"],"old":["(a) to approve any acquisition of","immovable property by the collecting","society;"],"orig_lang":"de","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"157","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Josef Weidenholzer","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-158","location":[[" Proposal for a directive","Article 8 \u2013 paragraph 3"]],"meps":[111014],"meta":{"created":"2019-07-03T05:35:33"},"new":["deleted"],"old":["3. Member States may decide that","paragraphs 1 and 2 shall not apply to a","collecting society which on its balance","sheet date does not exceed the limits of","two of the three following criteria:","a) balance sheet total: 350 000 EUR,","","","b) net turnover: 700 000 EUR,","c) average number of employees during","the financial year: ten."],"orig_lang":"de","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"158","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Emma McClarkin","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-159","justification":"In line with better regulation and the Commission's commitments, Member States are allowed\nto exempt micro entities from certain, potentially burdensome, requirements.","location":[["Proposal for a directive","Article 8 \u2013 paragraph 3 \u2013 introductory part"]],"meps":[96919],"meta":{"created":"2019-07-03T05:35:33"},"new":["3. Paragraphs 1 and 2 shall not apply to a","collecting management organisation","which on its balance sheet date does not","exceed the limits of two of the three","following criteria:"],"old":["3. Member States may decide that","paragraphs 1 and 2 shall not apply to a","collecting society which on its balance","sheet date does not exceed the limits of two","of the three following criteria:"],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"159","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-160","location":[["Proposal for a directive","Article 9 \u2013 paragraph 2 \u2013 subparagraph 1"]],"meta":{"created":"2019-07-03T05:35:33"},"new":["Member States shall ensure that the","persons who effectively manage the","business of a collecting society and its","directors design procedures so as to avoid","conflicts of interest. The collecting society","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","society."],"old":["Member States shall ensure that the","persons who effectively manage the","business of a collecting society and its","directors, with the exception of the","directors exercising supervisory function,","design procedures so as to avoid conflicts","of interest. The collecting society 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","society."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"160","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Christian Engstr\u00f6m","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-161","justification":" Conflicts of interest needs to be disclosed before a manager or director takes up his or her\n duties.","location":[[" Proposal for a directive","Article 9 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 introductory part"]],"meps":[96676],"meta":{"created":"2019-07-03T05:35:33"},"new":["Those procedures shall include an","individual statement by each of those","persons and directors, to the body entrusted","with the supervisory function, to the","members, and publicly accessible through","the website of the collective management","organisation. The statement shall be made","before each of those persons take up their","duties, and shall thereafter be renewed","annually. The statement shall contain the","following information:"],"old":["Those procedures shall include an annual","individual statement by each of those","persons and directors, to the body entrusted","with the supervisory function, containing","the following information:"],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"161","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Josef Weidenholzer","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-162","location":[[" Proposal for a directive","Article 9 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 introductory part"]],"meps":[111014],"meta":{"created":"2019-07-03T05:35:33"},"new":["Those procedures shall include an annual","individual statement by each of those","persons and directors, given to the body","entrusted with the supervisory function and","made publically available, containing the","following information:"],"old":["Those procedures shall include an annual","individual statement by each of those","persons and directors, to the body entrusted","with the supervisory function, containing","the following information:","",""],"orig_lang":"de","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"162","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Christian Engstr\u00f6m","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-163","justification":"Harmonise with articles 12.1 and 14.2 which says payments must be made accurately. If\npayments must be accurate it stands to reason that the collection and management should\nalso have to be. Additionally, collective management organisations should only collect on\nbehalf of actual members and rightholders whose rights they manage under a representation\nagreement.","location":[["Proposal for a directive","Article 10 \u2013 paragraph 1"]],"meps":[96676],"meta":{"created":"2019-07-03T05:35:33"},"new":["1. Collective management organisations","shall be diligent, accurate and transparent","in the collection and the management of","rights revenue. Except in Member States","with systems of extended collective","licensing, a collective management","organization shall ensure that it only","collects rights revenue on behalf of","rightholders whose rights it is authorised","to represent."],"old":["1. Collecting societies shall be diligent in","the collection and the management of","rights revenue."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"163","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-164","location":[["Proposal for a directive","Article 10 \u2013 paragraph 4 \u2013 introductory part"]],"meta":{"created":"2019-07-03T05:35:34"},"new":["4. Where, pending the distribution of the","amounts due to rightholders, the collecting","society invests the rights revenue and any","income derived from its investment, it shall","do so in the best interests of the","rightholders whose rights it represents","and in accordance with the general","investment policy referred to in Article","7(5)(c) and the following rules:"],"old":["4. Where, pending the distribution of the","amounts due to rightholders, the collecting","society invests the rights revenue and any","income derived from its investment, it shall","","","do so in accordance with the general","investment policy referred to in Article","7(5)(c) and the following rules:"],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"164","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Cornelis de Jong","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-165","location":[[" Proposal for a directive","Article 10 \u2013 paragraph 4 \u2013 point a"]],"meta":{"created":"2019-07-03T05:35:34"},"new":["(a) where there is any potential conflict of","interest, the collecting society shall ensure","that the investment is made in the sole","interest of these rightholders;"],"old":["(a) the assets shall be invested in the best","interests of members; where there is any","potential conflict of interest, the collecting","society shall ensure that the investment is","made in the sole interest of members;"],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"165","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Toine Manders","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-166","location":[[" Proposal for a directive","Article 10 \u2013 paragraph 4 \u2013 point b a (new)"]],"meta":{"created":"2019-07-03T05:35:34"},"new":["(ba) the assets shall be invested in a","manner which does not prejudice any","amounts due to rightholders;"],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"166","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Rolandas Paksas","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-167","location":[[" Proposal for a directive","Article 11 \u2013 paragraph 1"]],"meps":[96694],"meta":{"created":"2019-07-03T05:35:34"},"new":["1. Member States shall ensure that","agreements governing the relationship of","the collecting society with its members","shall specifically authorise deductions","applicable to the rights revenue referred to","in point (e) of Article 16."],"old":["1. Member States shall ensure that","agreements governing the relationship of","the collecting society with its members and","rightholders shall specify deductions","applicable to the rights revenue referred to","in point (e) of Article 16."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"167","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Rolandas Paksas","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-168","location":[["Proposal for a directive","Article 11 \u2013 paragraph 2 \u2013 introductory part"]],"meps":[96694],"meta":{"created":"2019-07-03T05:35:34"},"new":["2. Member States shall ensure that, where a","collecting society provides social, cultural","or educational services funded through","deductions from rights revenue, such","services shall be provided on the basis of","fair criteria, in particular in relation to","the access to and the extent of those","services."],"old":["2. Member States shall ensure that, where a","collecting society provides social, cultural","or educational services funded through","deductions from rights revenue,","rightholders are entitled to the following:"],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"168","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-169","location":[["Proposal for a directive","Article 11 \u2013 paragraph 2 \u2013 introductory part"]],"meta":{"created":"2019-07-03T05:35:34"},"new":["2. Member States shall ensure that, where a","collecting society provides social, cultural","or educational services funded through","deductions from rights revenue and from","any income arising from the investment of","rights revenue, rightholders are entitled to","the following:"],"old":["2. Member States shall ensure that, where a","collecting society provides social, cultural","or educational services funded through","deductions from rights revenue,","rightholders are entitled to the following:"],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"169","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Rolandas Paksas","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-170","location":[[" Proposal for a directive","Article 11 \u2013 paragraph 2 \u2013 point a"]],"meps":[96694],"meta":{"created":"2019-07-03T05:35:34"},"new":["deleted"],"old":["(a) social, cultural or educational services","on the basis of fair criteria, in particular","in relation to the access to and the extent","of those services;"],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"170","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Rolandas Paksas","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-171","location":[[" Proposal for a directive","Article 11 \u2013 paragraph 2 \u2013 point b"]],"meps":[96694],"meta":{"created":"2019-07-03T05:35:34"},"new":["deleted"],"old":["(b) rightholders who have terminated the","authorisation to manage rights or","categories of rights or types of works and","other subject matter or who have","withdrawn their rights or categories of","rights or types of works and other subject","matter from the collecting society,","continue to have access to those services.","The criteria in relation to the access to","and the extent of those services may take","into consideration the rights revenue","generated by those rightholders and the","duration of the authorisation to manage","rights, provided that such criteria are also","applicable to rightholders who have not","terminated such authorisation or have not","withdrawn their rights or categories of","rights or types of works and other subject","matter from the collecting society."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"171","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Christian Engstr\u00f6m","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-172","justification":"Artists and authors see it as a big problem that many collective management organisations\nare so slow in paying the money they owe. The draft directive proposes that the organisations\nshould be allowed to keep the money for up to two years. This is hardly reasonable. Collective\nmanagement organisations that currently do not meet higher targets need incentives to\nimprove the efficiency of their administrative routines.","location":[["Proposal for a directive","Article 12 \u2013 paragraph 1"]],"meps":[96676],"meta":{"created":"2019-07-03T05:35:34"},"new":["1. Member States shall ensure that the","collective management organisations","regularly and diligently distributes and","pays amounts due to all rightholders it","represents. The collective management","organisation shall carry out such","distribution and payments without undue","delay and no later than three months after","the rights revenue was collected, unless","objective reasons related in particular to","reporting by users, the identification of","rights, rightholders or to the matching of","information on works and other subject","matter with rightholders prevent the","collective management organisation from","respecting this deadline. The collective","management organisation shall carry out","such distribution and payments accurately,","ensuring equal treatment of all categories","of rightholders."],"old":["1. Member States shall ensure that the","collecting society regularly and diligently","distributes and pays amounts due to all","rightholders it represents. The collecting","society shall carry out such distribution and","payments no later than 12 months from","the end of the financial year in which the","rights revenue was collected, unless","objective reasons related in particular to","reporting by users, the identification of","rights, rightholders or to the matching of","information on works and other subject","matter with rightholders prevent the","collecting society from respecting this","deadline. The collecting society shall carry","out such distribution and payments","accurately, ensuring equal treatment of all","categories of rightholders."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"172","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Toine Manders","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-173","location":[["Proposal for a directive","Article 12 \u2013 paragraph 1"]],"meta":{"created":"2019-07-03T05:35:34"},"new":["1. Member States shall ensure that the","collecting society regularly, in a timely","manner and diligently distributes and pays","amounts due to all rightholders it","represents. The collecting society shall","carry out such distribution and payments at","least on a quarterly basis and no later","than 12 months after the rights revenue","was collected. The collecting society shall","carry out such distribution and payments","accurately, ensuring equal treatment of all","categories of rightholders."],"old":["1. Member States shall ensure that the","collecting society regularly and diligently","distributes and pays amounts due to all","rightholders it represents. The collecting","society shall carry out such distribution and","payments no later than 12 months from","the end of the financial year in which the","rights revenue was collected, unless","objective reasons related in particular to","reporting by users, the identification of","rights, rightholders or to the matching of","information on works and other subject","matter with rightholders prevent the","collecting society from respecting this","deadline. The collecting society shall carry","out such distribution and payments","accurately, ensuring equal treatment of all","categories of rightholders."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"173","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Josef Weidenholzer","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-174","justification":"Rightholders are sometimes forced to wait far too long for royalties to be paid and, as a\nresult, find themselves in difficulties; the directive should improve this state of affairs.","location":[[" Proposal for a directive","Article 12 \u2013 paragraph 1"]],"meps":[111014],"meta":{"created":"2019-07-03T05:35:34"},"new":["1. Member States shall ensure that the","collecting society regularly, transparently","and diligently distributes and pays amounts","due to the rightholders it represents. The","collecting society shall carry out such","distribution and payments no later than two","months before the end of the financial year","in which the rights revenue was collected,","unless objective reasons related in","particular to reporting by users, the","identification of rights, rightholders or to","the matching of information on works and","other subject matter with rightholders","prevent the collecting society from","respecting this deadline. The collecting","society shall carry out such distribution and","payments accurately, ensuring equal","treatment of all categories of rightholders."],"old":["1. Member States shall ensure that the","collecting society regularly and diligently","distributes and pays amounts due to all","rightholders it represents. The collecting","society shall carry out such distribution and","payments no later than 12 months from the","end of the financial year in which the rights","revenue was collected, unless objective","reasons related in particular to reporting by","users, the identification of rights,","rightholders or to the matching of","information on works and other subject","matter with rightholders prevent the","collecting society from respecting this","deadline. The collecting society shall carry","","out such distribution and payments","accurately, ensuring equal treatment of all","categories of rightholders."],"orig_lang":"de","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"174","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Lara Comi, Aldo Patriciello","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-175","justification":"Timely distribution by collecting societies is only possible when users provide timely\n\n\n information on the uses made by different contents.","location":[["Proposal for a directive","Article 12 \u2013 paragraph 1"]],"meps":[96775,36392],"meta":{"created":"2019-07-03T05:35:34"},"new":["1. Member States shall ensure that the","collecting society regularly and diligently","distributes and pays amounts due to all","rightholders it represents and this on the","basis of the information provided by users","within 6 months after the use of the","content. The collecting society shall carry","out such distribution and payments no later","than 12 months from the end of the","financial year in which the rights revenue","was collected, unless objective reasons","related in particular to reporting by users,","the identification of rights, rightholders or","to the matching of information on works","and other subject matter with rightholders","prevent the collecting society from","respecting this deadline. The collecting","society shall carry out such distribution and","payments accurately, ensuring equal","treatment of all categories of rightholders."],"old":["1. Member States shall ensure that the","collecting society regularly and diligently","distributes and pays amounts due to all","rightholders it represents. The collecting","society shall carry out such distribution and","payments no later than 12 months from the","end of the financial year in which the rights","revenue was collected, unless objective","reasons related in particular to reporting by","users, the identification of rights,","rightholders or to the matching of","information on works and other subject","matter with rightholders prevent the","collecting society from respecting this","deadline. The collecting society shall carry","out such distribution and payments","accurately, ensuring equal treatment of all","categories of rightholders."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"175","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Christian Engstr\u00f6m","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-176","justification":" The income distribution of rightholders is extremely unequal, i.e.: a very large number of\n creators earn very little. This means that lower minimum distribution levels will distribute to\n a large number of rightholders much faster. At the same time high earning rightholders have\n an incentive to set minimum distribution levels too high, creating unfair distributions in some\n cases. Additionally, a requirement to maintain low minimum distribution provides incentives\n for cost-efficient distribution.","location":[[" Proposal for a directive","Article 12 \u2013 paragraph 1 a (new)"]],"meps":[96676],"meta":{"created":"2019-07-03T05:35:34"},"new":["1a. Collective management organisation","shall start distributing rights holder","revenue when the amount collected","reasonably covers collection costs. The","minimum level required before","distribution takes place may not","unreasonably exceed the lowest minimum","amount utilized by comparable collective","management organisations."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"176","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Toine Manders","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-177","location":[[" Proposal for a directive","Article 12 \u2013 paragraph 1 a (new)"]],"meta":{"created":"2019-07-03T05:35:34"},"new":["1a. Member States may allow collecting","societies to derogate from the obligation","on the distribution and payments set out","in paragraph 1 in situations where this is","justified by objective reasons related in","particular to reporting by users, the","identification of rights, rightholders or to","the matching of information on works","and other subject matter with rightholders","that prevent the collecting society from","respecting the frequency and deadline","provided in that paragraph. In such","situations, collecting societies shall carry","out the distribution and payments to the","rightholders as soon as possible."],"old":[""],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"177","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Christian Engstr\u00f6m","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-178","justification":"Allowing the collecting society to keep the money would provide an incentive for the\ncollecting society not to perform a true diligent search for the real rightholders. A fund\nmanaged by the Member State may also be beneficial in promoting cultural diversity. See\nRecital 15a (new). Additionally, the suggested five years is a long period of time \u2013 it is very\nunlikely that a missing rights holder will be found after year three or four.","location":[["Proposal for a directive","Article 12 \u2013 paragraph 2"]],"meps":[96676],"meta":{"created":"2019-07-03T05:35:35"},"new":["2. Where the amounts due to rightholders","cannot be distributed, after three years","from the end of the financial year in which","the collection of the rights revenue","occurred, because the collective","management organisation failed to","identify and locate the rightholders, the","money shall be paid to a fund set up and","managed for this purpose by the Member","State in which the money was collected.","The fund is thereafter responsible for any","claims from reappearing rightholders."],"old":["2. Where the amounts due to rightholders","cannot be distributed, after five years from","the end of the financial year in which the","collection of the rights revenue occurred,","and provided that the collecting society","has taken all necessary measures to","identify and locate the rightholders, the","collecting society shall decide 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 society."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"178","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Emma McClarkin","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-179","location":[[" Proposal for a directive","Article 12 \u2013 paragraph 2"]],"meps":[96919],"meta":{"created":"2019-07-03T05:35:35"},"new":["2. Where the amounts due to rightholders","cannot be distributed, after three years","from the end of the financial year in which","the collection of the rights revenue","occurred, and provided that the collecting","management organisation has taken all","necessary measures to identify and locate","the rightholders, Member States shall be","responsible for deciding on how best to","allocate undistributed monies, including","allowing the collecting management","organisations to distribute the monies","among their members."],"old":["2. Where the amounts due to rightholders","cannot be distributed, after five years from","the end of the financial year in which the","collection of the rights revenue occurred,","and provided that the collecting society has","taken all necessary measures to identify","and locate the rightholders, the collecting","society shall decide 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 society."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"179","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Josef Weidenholzer","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-180","location":[[" Proposal for a directive","Article 12 \u2013 paragraph 2"]],"meps":[111014],"meta":{"created":"2019-07-03T05:35:35"},"new":["2. Where the amounts due to rightholders","cannot be distributed, after two years from","the end of the financial year in which the","collection of the rights revenue occurred,","and provided that the collecting society has","taken all necessary measures to identify","and locate the rightholders, the collecting","society shall decide 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 society."],"old":["2. Where the amounts due to rightholders","cannot be distributed, after five years from","the end of the financial year in which the","collection of the rights revenue occurred,","and provided that the collecting society has","taken all necessary measures to identify","and locate the rightholders, the collecting","society shall decide 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 society."],"orig_lang":"de","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"180","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Cornelis de Jong","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-181","location":[["Proposal for a directive","Article 12 \u2013 paragraph 2"]],"meta":{"created":"2019-07-03T05:35:35"},"new":["2. Where the amounts due to rightholders","cannot be distributed, after five years from","the end of the financial year in which the","collection of the rights revenue occurred,","and provided that the collecting society has","taken all necessary measures to identify","and locate the rightholders, the collecting","society shall use this amount for its","cultural fund. If no such fund exists, the","collecting society shall repay the amount","to the users."],"old":["2. Where the amounts due to rightholders","cannot be distributed, after five years from","the end of the financial year in which the","collection of the rights revenue occurred,","and provided that the collecting society has","taken all necessary measures to identify","and locate the rightholders, the collecting","society shall decide 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 society."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"181","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-182","location":[["Proposal for a directive","Article 13 \u2013 paragraph 1"]],"meta":{"created":"2019-07-03T05:35:35"},"new":["Member States shall ensure that a","collecting society does not discriminate","against any rightholders whose rights it","manages under a representation agreement,","in particular with respect to applicable","tariffs, management fees, and the","conditions for the collection of the rights","revenue and distribution of the amounts","due to rightholders."],"old":["Member States shall ensure that a","collecting society does not discriminate","between its members and any rightholders","whose rights it manages under a","representation agreement, in particular with","respect to applicable tariffs, management","fees, and the conditions for the collection","of the rights revenue and distribution of the","amounts due to rightholders."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"182","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-183","location":[["Proposal for a directive","Article 14 \u2013 title"]],"meta":{"created":"2019-07-03T05:35:35"},"new":["Payments in representation agreements"],"old":["Deductions and payments in","representation agreements"],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"183","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Cornelis de Jong","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-184","location":[[" Proposal for a directive","Article 14 \u2013 paragraph 1"]],"meta":{"created":"2019-07-03T05:35:35"},"new":["deleted"],"old":["1. The collecting society shall not apply","deductions, other than management fees,","to the rights revenue derived from the","rights it manages on the basis of a","representation agreement with another","collecting society, unless the other","collecting society expressly consents to","such deductions."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"184","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Toine Manders","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-185","location":[[" Proposal for a directive","Article 14 \u2013 paragraph 2"]],"meta":{"created":"2019-07-03T05:35:35"},"new":["2. The collecting society shall regularly, in","a timely manner, diligently and accurately","distribute and pay amounts due to other","collecting societies. The collecting society","shall carry out such distribution and","payments to other collecting societies at","least on a quarterly basis and no later","than 12 months after the rights revenue","was collected."],"old":["2. The collecting society shall regularly,","diligently and accurately distribute and pay","amounts due to other collecting societies."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"185","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Toine Manders","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-186","location":[["Proposal for a directive","Article 14 \u2013 paragraph 2 a (new)"]],"meta":{"created":"2019-07-03T05:35:35"},"new":["2a. Member States may allow collecting","societies to derogate from the obligation","on the distribution and payments set out","in paragraph 2 in situations where this is","justified by objective reasons related in","particular to reporting by users, the","identification of rights, rightholders or to","the matching of information on works","and other subject matter with rightholders","that prevent the collecting society from","respecting the frequency and deadline","provided in that paragraph. In such","situations, collecting societies shall carry","out the distribution and payments to the","rightholders as soon as possible."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"186","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sabine Verheyen","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-187","location":[["Proposal for a directive","Article 15 \u2013 paragraph 1 a (new)"]],"meps":[96756],"meta":{"created":"2019-07-03T05:35:35"},"new":["1a. Member States shall ensure that","collecting societies respond to licensing","requests within 14 calendar days and","makes an offer to the user within 60","calendar days following receipt of the","request, provided that the collecting","society has received all the information it","needs to make such an offer."],"orig_lang":"de","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"187","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Toine Manders","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-188","location":[[" Proposal for a directive","Article 15 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meta":{"created":"2019-07-03T05:35:35"},"new":["Tariffs for exclusive rights and rights to","remuneration shall reflect the economic","value of the use of the rights in trade and","the nature and scope of use of the works","and other protected subject-matter and the","economic value of the service provided by","the collecting society."],"old":["Tariffs for exclusive rights shall reflect the","economic value of the rights in trade and of","the service provided by the collecting","society."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"188","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Josef Weidenholzer","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-189","location":[[" Proposal for a directive","Article 15 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meps":[111014],"meta":{"created":"2019-07-03T05:35:35"},"new":["Tariffs for exclusive rights shall properly","reflect the economic value of the rights in","trade and of the service provided by the","collecting society."],"old":["Tariffs for exclusive rights shall reflect the","economic value of the rights in trade and of","the service provided by the collecting","society."],"orig_lang":"de","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"189","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Toine Manders","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-190","location":[[" Proposal for a directive","Article 15 \u2013 paragraph 2 \u2013 subparagraph 3"]],"meta":{"created":"2019-07-03T05:35:36"},"new":["In the absence of any national law which","establishes the amounts due to rightholders","in respect of a right to compensation, the","collecting society shall base its own","determination of those amounts due, on","non-discriminatory criteria, ensuring fair","compensation for the use made of the","works and other protected subject-matter."],"old":["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 trade."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"190","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Josef Weidenholzer","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-191","location":[["Proposal for a directive","Article 15 \u2013 paragraph 2 \u2013 subparagraph 3"]],"meps":[111014],"meta":{"created":"2019-07-03T05:35:36"},"new":["In the absence of any national law which","establishes the amounts due to rightholders","in respect of a right to remuneration, the","collecting society shall base its own","determination of those amounts due, on the","economic value of those rights in trade."],"old":["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 trade."],"orig_lang":"de","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"191","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sabine Verheyen","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-192","location":[["Proposal for a directive","Article 15 \u2013 paragraph 3 a (new)"]],"meps":[96756],"meta":{"created":"2019-07-03T05:35:36"},"new":["3a. Users should report to collective","management organisations on the usage","of works and other subject matter in an","agreed and if possible machine-readable","format, on time and accurately in order to","allow collective management","organisations to determine applicable fees","and to distribute the amounts due to","rightholders accurately and in accordance","with the obligations imposed by this","directive. Where users fail to report to","collective management organisations in a","manner that enables them to make timely","and accurate distributions to individual","rightholders, Member States shall ensure","that collective management organisations","shall be discharged of their obligations","under this Directive related to distribution","of rights revenue to individual","rightholders."],"old":[""],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"192","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Lara Comi, Aldo Patriciello","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-193","justification":" Reports from users in the digital environment and beyond are required in order to identify the\n use of protected works. Without this provision, the distribution of author\u2019s rights and related\n rights would continue to be hammered by the lack of data which are necessary to ensure a\n proportionate and analytical distribution of the effective use of works. Data are often\n provided in an incomplete and inaccurate manner. The increase of devices and the\n dissemination of copyright works require that collecting societies could obtain timely and\n accurate data from users on their use of music works.","location":[[" Proposal for a directive","Article 15 \u2013 paragraph 3 a (new)"]],"meps":[96775,36392],"meta":{"created":"2019-07-03T05:35:36"},"new":["3a. In order to ensure a timely, fair and","transparent distribution of rights,","collecting societies shall require to users","to receive the analytical accounts of the","works used, according to the standards","reports provided by collecting societies or","in use in the sector, no later than 6","months after the use of the music work."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"193","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sabine Verheyen","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-194","location":[[" Proposal for a directive","Article 15 \u2013 paragraph 3 b (new)"]],"meps":[96756],"meta":{"created":"2019-07-03T05:35:36"},"new":["3b. Users should pay licence fees or","remuneration to the collective","management organisation in a timely","manner whenever there is a generally","applicable or court-determined tariff in","force. Where users fail to pay such licence","fees or remuneration in a timely manner,","Member States shall ensure that collective","management organisations may charge","such users additional fees to cover the","administrative costs caused by the failure","to voluntarily pay the licence fees or","remuneration."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"194","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Rolandas Paksas","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-195","location":[["Proposal for a directive","Article 15 a (new)"]],"meps":[96694],"meta":{"created":"2019-07-03T05:35:36"},"new":["Article 15a","Obligations of users","Member States shall ensure that users","communicate, free of charge, and in an","electronic format, to collective","management organisations for the","purpose of the effective administration of","rights, complete and accurate information","as is necessary in order to identify the use","of the work or other subject matter and","the corresponding right holder."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"195","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Toine Manders","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-196","location":[[" Proposal for a directive","Article 15 a (new)"]],"meta":{"created":"2019-07-03T05:35:36"},"new":["Article 15 a","Reporting and Invoicing","1. Collecting societies shall establish","appropriate 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. Member States may require that","collecting societies established on their","territory put in place procedures as laid","down in paragraphs 3 to 4.","3. Collecting societies shall establish a","cooperation procedure among themselves","for the benefit of their rightholders,","members and users. Such a cooperation","procedure shall include at least pooling of","information on the licences issued and the","use of works and other protected subject-","matter in a common database,","coordinated and joint invoicing and","collection of rights revenues.","4. The cooperation procedure referred to","in paragraph 2 shall enable the collecting","societies to coordinate the invoicing of the","users in such a way that a single user","receives a single joint invoice in respect of","the rights in the works and other protected","subject-matter which have been licensed.","The single invoice shall be transparent","and shall identify the collecting societies","concerned, the lists of works and other","protected subject-matter which have been","licensed and the corresponding actual","uses. The invoice should also indicate","clearly at least the proportionate amounts","due to rightholders and the amounts to be","used to cover management fees.","5. Paragraphs 2 and 3 shall not apply to","the collective management of online","rights in musical works and the collective","management of rights in works and other","subject matter on a multi-territorial basis."],"old":["",""],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"196","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Emma McClarkin","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-197","location":[["Proposal for a directive","Article 15 a (new)"]],"meps":[96919],"meta":{"created":"2019-07-03T05:35:36"},"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."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"197","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-198","location":[["Proposal for a directive","Article 18 \u2013 paragraph 1"]],"meps":[96773],"meta":{"created":"2019-07-03T05:35:36"},"new":["deleted"],"old":["1. Member States shall ensure that a","collecting society makes the following","information available at the request of","any rightholder whose rights it represents,","any collecting society on whose behalf it","manages rights under a representation","agreement or any user, by electronic","means, without undue delay:","(a) standard licensing contracts and","applicable tariffs;","(b) the repertoire and rights it manages","and the Member States covered;","(c) a list of representation agreements it","has entered into, including information","on other collecting societies involved, the","repertoire represented and the territorial","scope covered by any such agreement."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"198","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Christian Engstr\u00f6m","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-199","justification":" Basic information on tariffs, licensing contracts, repertoire and representation agreements is\n\nessential to a well-functioning and transparent market in creative goods. Basic information\non prices and what is being sold should not be limited to provision on request. If this\namendment is adopted, the list in paragraph 18.1 can be moved as an addition to 19.1, and\n18.1 deleted.","location":[[" Proposal for a directive","Article 18 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[96676],"meta":{"created":"2019-07-03T05:35:36"},"new":["1. Member States shall ensure that a","collective management organisation","makes the following information available","to the public on the collective","management organisation's website:"],"old":["1. Member States shall ensure that a","collecting society makes the following","information available at the request of any","rightholder whose rights it represents, any","collecting society on whose behalf it","manages rights under a representation","agreement or any user, by electronic","means, without undue delay:"],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"199","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Josef Weidenholzer","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-200","location":[["Proposal for a directive","Article 18 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[111014],"meta":{"created":"2019-07-03T05:35:36"},"new":["1. Member States shall ensure that a","collecting society makes available and","publishes the following information, by","electronic means, without delay:"],"old":["1. 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Additionally, this information is valuable to users as\n well as to end consumers. The Orphan Works Directive contains provisions on how to handle\n the situation when rightholders cannot be found, so in order to ensure consistency, that\n directive should be referenced.","location":[[" Proposal for a directive","Article 18 \u2013 paragraph 2"]],"meps":[96676],"meta":{"created":"2019-07-03T05:35:36"},"new":["2. In addition, a collective management","organisation shall make publicly available","any information on works for which one or","more rightholders have not been identified","in accordance with the provisions laid","down in Directive 2012/28/EU on Certain","Permitted Uses of Orphan Works,","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."],"old":["2. In addition, a collecting society shall","make available at the request of any","rightholder or any collecting society, 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."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"202","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-203","location":[[" Proposal for a directive","Article 18 \u2013 paragraph 2"]],"meps":[96773],"meta":{"created":"2019-07-03T05:35:36"},"new":["2. A collecting society shall make available","at the request of any rightholder or any","collecting society, 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."],"old":["2. In addition, a collecting society shall","make available at the request of any","rightholder or any collecting society, 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."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"203","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-204","location":[["Proposal for a directive","Article 19 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[96773],"meta":{"created":"2019-07-03T05:35:36"},"new":["1. Member States shall ensure that a","collective management organisation","makes available through a publicly","accessible website at least the following","information:"],"old":["1. Member States shall ensure that a","collecting society makes public the","following information:"],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"204","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Josef Weidenholzer","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-205","location":[["Proposal for a directive","Article 19 \u2013 paragraph 1 \u2013 point g a (new)"]],"meps":[111014],"meta":{"created":"2019-07-03T05:35:36"},"new":["(ga) a list of all musical works and","musical rights in respect of which","royalties are collected;"],"orig_lang":"de","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"205","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-206","location":[["Proposal for a directive","Article 19 \u2013 paragraph 1 \u2013 point g a (new)"]],"meps":[96773],"meta":{"created":"2019-07-03T05:35:37"},"new":["(ga) a list of rights, categories of rights or","types of works that have been voluntarily","excluded by rightholders from the","collective management;"],"old":[""],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"206","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-207","location":[[" Proposal for a directive","Article 19 \u2013 paragraph 1 \u2013 point g b (new)"]],"meps":[96773],"meta":{"created":"2019-07-03T05:35:37"},"new":["(gb) standard licensing contracts and","applicable tariffs;"],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"207","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-208","location":[[" Proposal for a directive","Article 19 \u2013 paragraph 1 \u2013 point g c (new)"]],"meps":[96773],"meta":{"created":"2019-07-03T05:35:37"},"new":["(gc) the repertoire and rights it manages","and the Member States covered;"],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"208","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-209","location":[[" Proposal for a directive","Article 19 \u2013 paragraph 1 \u2013 point g d (new)"]],"meps":[96773],"meta":{"created":"2019-07-03T05:35:37"},"new":["(gd) a list of representation agreements it","has entered into, including information","on other collecting societies involved, the","repertoire represented and the territorial","scope covered by any such agreement."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"209","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Rafa\u0142 Trzaskowski","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-210","location":[["Proposal for a directive","Article 20 \u2013 paragraph 5"]],"meps":[96773],"meta":{"created":"2019-07-03T05:35:37"},"new":["deleted"],"old":["5. 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Article should be consistent with\n Article 2.","location":[[" Proposal for a directive","Article 21 \u2013 paragraph 1"]],"meps":[96676],"meta":{"created":"2019-07-03T05:35:37"},"new":["1. Member States shall ensure that","collecting societies active in their territory","comply with the requirements in this Title","when granting multi-territorial licences for","online rights in musical works."],"old":["1. Member States shall ensure that","collecting societies established in their","territory comply with the requirements in","this Title when granting multi-territorial","licences for online rights in musical works."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"213","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Josef Weidenholzer","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-214","location":[["Proposal for a directive","Article 23 \u2013 paragraph 1"]],"meps":[111014],"meta":{"created":"2019-07-03T05:35:37"},"new":["1. A collecting society which grants multi-","territorial licences for online rights in","musical works shall make up-to-date","information publicly available to allow the","identification of the online music repertoire","it represents. 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This shall include","the musical works represented, the rights","represented, in whole or in part, and the","Member States represented."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"214","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Christian Engstr\u00f6m","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-215","justification":"Collection societies should not be granted a blanket power to limit the \"re-use\" of\ninformation, which is an important fundamental human right.","location":[["Proposal for a directive","Article 23 \u2013 paragraph 2"]],"meps":[96676],"meta":{"created":"2019-07-03T05:35:37"},"new":["2. The collecting society may take","reasonable measures to protect the","accuracy and integrity of the data and to","protect personal data and, when necessary,","commercially sensitive information."],"old":["2. 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Any representation agreement between","collective management organisations","whereby one collective management","organisation mandates another collective","management organisation to grant multi-","territorial licences for the online rights in","musical works in its own music repertoire","shall preserve the ability of the mandating","collective management organisation to","mandate another collective management","organisation."],"old":["1. Any representation agreement between","collecting societies whereby a collecting","society mandates another collecting society","to grant multi-territorial licences for the","online rights in musical works in its own","music repertoire shall be of a non-","","exclusive nature. 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The mandated collective management","organisation shall manage those online","rights on non-discriminatory terms."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"223","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sabine Verheyen","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-224","location":[[" Proposal for a directive","Article 28 \u2013 paragraph 1 b (new)"]],"meps":[96756],"meta":{"created":"2019-07-03T05:35:38"},"new":["1b. Member States shall promote and","encourage cooperation between collective","management organisations in the fields of","management, administration and","licensing of rights."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"224","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sabine Verheyen","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-225","location":[[" Proposal for a directive","Article 28 \u2013 paragraph 1 c (new)"]],"meps":[96756],"meta":{"created":"2019-07-03T05:35:38"},"new":["1c. Member States shall ensure that","collective management organisations","retain the right to determine","autonomously the conditions, in","particular in relation to tariffs, according","to which they authorize the use of their","repertoire."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"225","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sabine Verheyen","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-226","location":[["Proposal for a directive","Article 28 \u2013 paragraph 1 d (new)"]],"meps":[96756],"meta":{"created":"2019-07-03T05:35:38"},"new":["1d. Member States shall ensure that","representation agreements and online","rights pools, exchanges of information as","well as other forms of cooperation among","collective management organisations for","the purpose of granting and","administration of multi-territorial and","multi-repertoire licences and/or for the","purpose of establishing mutually","agreeable tariffs and conditions for such","licences are exempted from the","application of competition law provisions","prohibiting agreements and concerted","practices which have the object or effect","of restricting competition."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"226","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Wim van de Camp","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-227","justification":"In order for collective management organisations to keep certain amount of flexibility when\nforming hubs it is important that representation agreements leave room for a selection of\nterritories instead of the entire EU as the only territorial option.","location":[["Proposal for a directive","Article 28 \u2013 paragraph 3 a (new)"]],"meps":[96754],"meta":{"created":"2019-07-03T05:35:38"},"new":["3a. The mandating collective management","organisation may choose to limit the","mandate it grants to other collective","management organisations to","representation of its own repertoire to","certain specific territories."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"227","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Wim van de Camp","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-228","justification":" It is important that Member States are put under obligation to adopt national laws to\n facilitate cross border licensing as some existing national arrangements are obstructive to\n this goal.","location":[[" Proposal for a directive","Article 28 \u2013 paragraph 3 b (new)"]],"meps":[96754],"meta":{"created":"2019-07-03T05:35:38"},"new":["3b. Member States shall promote, in the","same conditions, where applicable,","cooperation between collective","management organisations in the fields of","management, administration and","licensing of rights and create the legal","framework conditions for their","commencement and activity on a cross","border basis."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"228","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sirpa Pietik\u00e4inen","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-229","location":[[" Proposal for a directive","Article 28 \u2013 paragraph 3 a (new)"]],"meps":[40599],"meta":{"created":"2019-07-03T05:35:38"},"new":["3a. 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The requested collective management","organisation shall license the requesting","collective management organisation's","repertoire in its relations with users, on","the same conditions as its own repertoire","and shall not exclude the requesting","organisation's repertoire from the","licensed repertoire unless the requesting","organisation expressly consents to such","an exclusion."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"233","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Wim van de Camp","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-234","justification":"There is no real incentive for CMOs that are compliant with Title III to become a \"Hub\" for\nother CMOs as such action will lead to more burden and administrative costs for such SMOs.","location":[[" Proposal for a directive","Article 29 \u2013 paragraph 3 c (new)"]],"meps":[96754],"meta":{"created":"2019-07-03T05:35:39"},"new":["3c. Where the request of the requesting","collective management organisation to","represent its rights in accordance with","Article 28 is refused by all requested","collective management organisations that","are compliant with Title III of this","Directive, the requesting collective","management organisation may offer or","grant multi-territorial licenses for the","online rights in musical works in its own","repertoire for the territories it has","received explicit authorization from its","members and/or other collective","management organisations."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"234","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Cornelis de Jong","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-235","location":[["Proposal for a directive","Article 29 \u2013 paragraph 3 a (new)"]],"meta":{"created":"2019-07-03T05:35:39"},"new":["3a. 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The right to also (or instead) go to\n court is covered by paragraph 2, and does not need to be mentioned here.","location":[[" Proposal for a directive","Article 35 \u2013 paragraph 1"]],"meps":[96676],"meta":{"created":"2019-07-03T05:35:39"},"new":["1. Member States shall ensure that disputes","between collecting societies and users","concerning existing and proposed licensing","conditions, tariffs, and any refusal to grant","a licence can be submitted to an","independent and impartial dispute","resolution body."],"old":["1. Member States shall ensure that disputes","between collecting societies and users","concerning existing and proposed licensing","conditions, tariffs, and any refusal to grant","a licence can be submitted to a court, and","if appropriate, to an independent and","impartial dispute resolution body."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"241","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Christian Engstr\u00f6m","changes":{},"committee":["IMCO"],"date":"2013-05-15T00:00:00","id":"PE508.268-242","justification":"Consistency with definition in Article 2.","location":[[" Proposal for a directive","Article 40 \u2013 paragraph 1"]],"meps":[96676],"meta":{"created":"2019-07-03T05:35:39"},"new":["1. Member States shall ensure that the","competent authorities referred to in Article","39 continuously monitor the compliance","with the requirements laid down in Title III","of this Directive by collecting societies","active in their territory when granting","multi-territorial licences for online rights in","musical works."],"old":["1. Member States shall ensure that the","competent authorities referred to in Article","39 continuously monitor the compliance","with the requirements laid down in Title III","of this Directive by collecting societies","established in their territory when granting","multi-territorial licences for online rights in","","","musical works."],"orig_lang":"en","peid":"PE508.268v01-00","reference":"2012/0180(COD)","seq":"242","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.268+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Lothar Bisky","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-78","location":[["Proposal for a directive","Recital 1"]],"meps":[96650],"meta":{"created":"2019-07-03T05:47:49"},"new":["(1) The directives which have been","adopted in the area of copyright and related","rights already provide a degree of","protection for rightholders and thereby for","a framework where the exploitation of","content protected by these rights can take","place. 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In an internal","market where competition is not distorted,","protecting innovation and intellectual","creation also encourages investment in","innovative services and products."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"78","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-79","location":[["Proposal for a directive","Recital 1"]],"meps":[96945],"meta":{"created":"2019-07-03T05:47:49"},"new":["(1) The directives which have been","adopted in the area of copyright and related","rights already provide a high level of","protection for rightholders and thereby for","a framework where the exploitation of","content protected by these rights can take","place. They contribute to developing and","maintaining creativity, as well as","promoting and safeguarding cultural","diversity. In an internal market where","competition is not distorted, fostering","innovation and intellectual creation also","encourages investment in innovative","services and products."],"old":["(1) The directives which have been","adopted in the area of copyright and related","rights already provide a high level of","protection for rightholders and thereby for","a framework where the exploitation of","content protected by these rights can take","place. They contribute to developing and","maintaining creativity. In an internal","market where competition is not distorted,","protecting innovation and intellectual","creation also encourages investment in","innovative services and products.",""],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"79","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sabine Verheyen","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-80","location":[[" Proposal for a directive","Recital 1 a (new)"]],"meps":[96756],"meta":{"created":"2019-07-03T05:47:50"},"new":["(1a) The services of collective","management organisations to","rightholders and users are vital for the","development and maintenance of the","cultural scene in Europe and to the","growth of culturally diverse creative","industries. Collective rights management","organisations support creators by","developing important social and cultural","activities, by ensuring market access for","demanding or less popular repertoires and","new artists."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"80","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sabine Verheyen","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-81","location":[[" Proposal for a directive","Recital 2"]],"meps":[96756],"meta":{"created":"2019-07-03T05:47:50"},"new":["(2) The dissemination of content which is","protected by copyright and related rights","and the linked services, including books,","audiovisual productions and recorded","music require the licensing of rights by","different holders of copyright and related","rights, such as authors, performers,","producers and publishers. It is normally for","the rightholders to choose between the","individual or collective management of","their rights. Management of copyright and","related rights includes the granting of","licences to users, the auditing of licensees","and monitoring of the use of rights, the","enforcement of copyright and related","rights, the collection of rights revenue","derived from the exploitation of rights and","the distribution of the amounts due to","rightholders. Collective management","organisations enable rightholders to be","remunerated for uses which they would not","be in a position to control or enforce","themselves, including in non-domestic","markets. Moreover, they have an important","social and cultural role as promoters of the","diversity of cultural expressions by","enabling the smallest and less popular","repertoires to access the market. Article","167 of the Treaty on the Functioning of the","European Union requires the Union to take","cultural aspects into account in its action,","in particular in order to respect and to","promote the diversity of its cultures.","(This amendment applies throughout the","text. Adopting it will necessitate","corresponding changes throughout.)"],"old":["(2) The dissemination of content which is","protected by copyright and related rights","and the linked services, including books,","audiovisual productions and recorded","music require the licensing of rights by","different holders of copyright and related","rights, such as authors, performers,","producers and publishers. It is normally for","","the rightholders to choose between the","individual or collective management of","their rights. Management of copyright and","related rights includes the granting of","licences to users, the auditing of licensees","and monitoring of the use of rights, the","enforcement of copyright and related","rights, the collection of rights revenue","derived from the exploitation of rights and","the distribution of the amounts due to","rightholders. Collecting societies enable","rightholders to be remunerated for uses","which they would not be in a position to","control or enforce themselves, including in","non-domestic markets. Moreover, they","have an important social and cultural role","as promoters of the diversity of cultural","expressions by enabling the smallest and","less popular repertoires to access the","market. Article 167 of the Treaty on the","Functioning of the European Union","requires the Union to take cultural aspects","into account in its action, in particular in","order to respect and to promote the","diversity of its cultures."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"81","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-82","location":[["Proposal for a directive","Recital 2"]],"meps":[96945],"meta":{"created":"2019-07-03T05:47:50"},"new":["(2) The dissemination of content which is","protected by copyright and related rights","and the linked services, including books,","audiovisual productions and recorded","music require the licensing of rights by","different holders of copyright and related","rights, such as authors, performers,","producers and publishers. It is normally for","the rightholders to choose between the","individual or collective management of","their rights. Management of copyright and","related rights includes the granting of","licences to users, the auditing of licensees","and monitoring of the use of rights, the","enforcement of copyright and related","rights, the collection of rights revenue","derived from the exploitation of rights and","the distribution of the amounts due to","rightholders. Collective management","organisations enable rightholders to be","remunerated for uses which they would not","be in a position to control or enforce","themselves, including in non-domestic","markets. Moreover, they have an important","social and cultural role as promoters of the","diversity of cultural expressions by","enabling the smallest and less popular","repertoires to access the market. Article","167 of the Treaty on the Functioning of the","European Union requires the Union to take","cultural aspects into account in its action,","in particular in order to respect and to","promote the diversity of its cultures.","(This amendment applies throughout the","text. Adopting it will necessitate","corresponding changes throughout.)"],"old":["(2) The dissemination of content which is","protected by copyright and related rights","and the linked services, including books,","audiovisual productions and recorded","music require the licensing of rights by","different holders of copyright and related","","","rights, such as authors, performers,","producers and publishers. It is normally for","the rightholders to choose between the","individual or collective management of","their rights. Management of copyright and","related rights includes the granting of","licences to users, the auditing of licensees","and monitoring of the use of rights, the","enforcement of copyright and related","rights, the collection of rights revenue","derived from the exploitation of rights and","the distribution of the amounts due to","rightholders. Collecting societies enable","rightholders to be remunerated for uses","which they would not be in a position to","control or enforce themselves, including in","non-domestic markets. Moreover, they","have an important social and cultural role","as promoters of the diversity of cultural","expressions by enabling the smallest and","less popular repertoires to access the","market. Article 167 of the Treaty on the","Functioning of the European Union","requires the Union to take cultural aspects","into account in its action, in particular in","order to respect and to promote the","diversity of its cultures."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"82","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean-Marie Cavada","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-83","location":[[" Proposal for a directive","Recital 2"]],"meps":[28206],"meta":{"created":"2019-07-03T05:47:50"},"new":["(2) The dissemination of content which is","protected by copyright and related rights","and the linked services, including books,","audiovisual productions and recorded","music require the licensing of rights by","different holders of copyright and related","rights, such as authors, performers,","producers and publishers. It is normally for","the rightholders to choose between the","individual or collective management of","their rights, except where national or EU","law has made collective management","compulsory."],"old":["(2) The dissemination of content which is","protected by copyright and related rights","and the linked services, including books,","audiovisual productions and recorded","","","music require the licensing of rights by","different holders of copyright and related","rights, such as authors, performers,","producers and publishers. It is normally for","the rightholders to choose between the","individual or collective management of","their rights. Management of copyright and","related rights includes the granting of","licences to users, the auditing of licensees","and monitoring of the use of rights, the","enforcement of copyright and related","rights, the collection of rights revenue","derived from the exploitation of rights and","the distribution of the amounts due to","rightholders. Collecting societies enable","rightholders to be remunerated for uses","which they would not be in a position to","control or enforce themselves, including","in non-domestic markets. Moreover, they","have an important social and cultural role","as promoters of the diversity of cultural","expressions by enabling the smallest and","less popular repertoires to access the","market. Article 167 of the Treaty on the","Functioning of the European Union","requires the Union to take cultural","aspects into account in its action, in","particular in order to respect and to","promote the diversity of its cultures."],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"83","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Lothar Bisky","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-84","location":[["Proposal for a directive","Recital 2"]],"meps":[96650],"meta":{"created":"2019-07-03T05:47:50"},"new":["(2) The dissemination of content which is","protected by copyright and related rights","and the linked services, including books,","photographs, audiovisual productions and","recorded music require the licensing of","rights by different holders of copyright and","related rights, such as authors, performers,","producers and publishers. It is normally for","the rightholders to choose between the","individual or collective management of","their rights. Management of copyright and","related rights includes the granting of","licences to users, the auditing of licensees","and monitoring of the use of rights, the","enforcement of copyright and related","rights, the collection of rights revenue","derived from the exploitation of rights and","the transparent distribution of the amounts","due to rightholders. Collective","management organisations, as a form of","self-organisation for artists, enable","rightholders to be remunerated for uses","which they would not be in a position to","control or enforce themselves, including in","non-domestic markets. Due account","should be taken of their functions as","trustees and their particular responsibility","for cultural and social aspects and society","as such. Moreover, they have an important","social and cultural role as promoters of the","diversity of cultural expressions by","enabling the smallest and less popular","repertoires to access the market. Article","167 of the Treaty on the Functioning of the","European Union requires the Union to take","cultural aspects into account in its action,","in particular in order to respect and to","promote the diversity of its cultures. In","doing so, collective management","organisations contribute significantly to","the development of the cultural and","artistic scene in Europe as well as to the","growth of cultural and creative industries."],"old":["(2) The dissemination of content which is","protected by copyright and related rights","and the linked services, including books,","audiovisual productions and recorded","music require the licensing of rights by","different holders of copyright and related","","rights, such as authors, performers,","producers and publishers. It is normally for","the rightholders to choose between the","individual or collective management of","their rights. Management of copyright and","related rights includes the granting of","licences to users, the auditing of licensees","and monitoring of the use of rights, the","enforcement of copyright and related","rights, the collection of rights revenue","derived from the exploitation of rights and","the distribution of the amounts due to","rightholders. Collecting societies enable","rightholders to be remunerated for uses","which they would not be in a position to","control or enforce themselves, including in","non-domestic markets. Moreover, they","have an important social and cultural role","as promoters of the diversity of cultural","expressions by enabling the smallest and","less popular repertoires to access the","market. Article 167 of the Treaty on the","Functioning of the European Union","requires the Union to take cultural aspects","into account in its action, in particular in","order to respect and to promote the","diversity of its cultures."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"84","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Nadja Hirsch","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-85","location":[[" Proposal for a directive","Recital 2"]],"meps":[96872],"meta":{"created":"2019-07-03T05:47:50"},"new":["(2) The dissemination of content which is","protected by copyright and related rights","and the linked services, including books,","audiovisual productions and recorded","music require the licensing of rights by","different holders of copyright and related","rights, such as authors, performers,","producers and publishers. It is normally for","the rightholders to choose between the","individual or collective management of","their rights. Management of copyright and","related rights includes the granting of","licences to users, the auditing of licensees","and monitoring of the use of rights, the","enforcement of copyright and related","rights, the collection of rights revenue","derived from the exploitation of rights and","the distribution of the amounts due to","rightholders. Collecting societies enable","rightholders to be remunerated for uses","which they would not be in any position to","control or enforce themselves at all, or","only with difficulty, including in non-","domestic markets. Moreover, they have an","important social and cultural role as","promoters of the diversity of cultural","expressions by enabling the smallest and","less popular repertoires to access the","market. Article 167 of the Treaty on the","Functioning of the European Union","requires the Union to take cultural aspects","into account in its action, in particular in","order to respect and to promote the","diversity of its cultures."],"old":["(2) The dissemination of content which is","protected by copyright and related rights","and the linked services, including books,","audiovisual productions and recorded","music require the licensing of rights by","different holders of copyright and related","rights, such as authors, performers,","producers and publishers. It is normally for","the rightholders to choose between the","individual or collective management of","their rights. Management of copyright and","related rights includes the granting of","licences to users, the auditing of licensees","and monitoring of the use of rights, the","enforcement of copyright and related","rights, the collection of rights revenue","derived from the exploitation of rights and","the distribution of the amounts due to","rightholders. Collecting societies enable","rightholders to be remunerated for uses","which they would not be in a position to","control or enforce themselves, including in","non-domestic markets. Moreover, they","have an important social and cultural role","as promoters of the diversity of cultural","expressions by enabling the smallest and","less popular repertoires to access the","market. Article 167 of the Treaty on the","Functioning of the European Union","requires the Union to take cultural aspects","into account in its action, in particular in","order to respect and to promote the","diversity of its cultures."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"85","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Lothar Bisky","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-86","location":[["Proposal for a directive","Recital 2 a (new)"]],"meps":[96650],"meta":{"created":"2019-07-03T05:47:50"},"new":["(2a) Collective management","organisations, because of their social and","cultural role, should set up social,","cultural or educational amenities open to","all members of such organisations on an","equal footing."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"86","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-87","location":[[" Proposal for a directive","Recital 2 a (new)"]],"meps":[96945],"meta":{"created":"2019-07-03T05:47:50"},"new":["(2a) It is essential to create a level playing","field for fair competition in copyright","management and economic interest of","rightholders. In this regard, this Directive","reflects the specific role of collective","management organisations for","rightholders and users alike and brings","precision and adjustments to the rules","governing the free movement of services."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"87","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean-Marie Cavada, Piotr Borys","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-88","location":[[" Proposal for a directive","Recital 2 a (new)"]],"meps":[28206,96799],"meta":{"created":"2019-07-03T05:47:50"},"new":["(2a) It is imperative, however, that","account is taken of the specific nature of","collective management organisations","serving the audiovisual and live","entertainment sectors, which function","very differently from the music sector."],"old":[""],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"88","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Piotr Borys","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-89","location":[["Proposal for a directive","Recital 3"]],"meps":[96799],"meta":{"created":"2019-07-03T05:47:50"},"new":["deleted"],"old":["(3) When established in the Union,","collecting societies \u2013 as service providers","\u2013 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 societies 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."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"89","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean-Marie Cavada","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-90","location":[["Proposal for a directive","Recital 3"]],"meps":[28206],"meta":{"created":"2019-07-03T05:47:50"},"new":["deleted"],"old":["(3) When established in the Union,","collecting societies \u2013 as service providers","\u2013 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 societies 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."],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"90","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Helga Tr\u00fcpel","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-91","location":[[" Proposal for a directive","Recital 3"]],"meps":[28240],"meta":{"created":"2019-07-03T05:47:50"},"new":["deleted"],"old":["(3) When established in the Union,","collecting societies \u2013 as service providers","\u2013 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 societies 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."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"91","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sabine Verheyen","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-92","location":[["Proposal for a directive","Recital 3"]],"meps":[96756],"meta":{"created":"2019-07-03T05:47:50"},"new":["(3) This Directive lays down the minimum","of rules necessary to achieve free","movement of services in the Single","Market. It does not interfere with","measures taken by the Member States in","accordance with EU law to protect or","promote cultural and linguistic diversity","or socio-political objectives in the interest","of artists. The concept of \u2018overriding","reasons relating to the public interest\u2019 to","which reference is made in certain","provisions of this Directive has been","developed by the Court of Justice in its","case law in relation to Articles 43 and 49","of the TFEU and may continue to evolve.","These reasons include at least the","following which are relevant to this","directive: socio-political objectives,","protection of beneficiaries of services,","protection of intellectual property,","cultural policy objectives, promotion of","the national language, and conservation","of the national historical and cultural","heritage."],"old":["(3) When established in the Union,","collecting societies \u2013 as service providers","\u2013 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 societies 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."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"92","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Petra Kammerevert","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-93","location":[["Proposal for a directive","Recital 3"]],"meps":[96837],"meta":{"created":"2019-07-03T05:47:50"},"new":["(3) This 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, promotion of","national languages and conservation of","historical and cultural heritage as","\u2018overriding reasons relating to the public","interest\u2019 in connection with Chapters II","and III of the TFEU."],"old":["(3) When established in the Union,","collecting societies \u2013 as service providers","\u2013 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 societies 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."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"93","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-94","location":[[" Proposal for a directive","Recital 3"]],"meps":[96945],"meta":{"created":"2019-07-03T05:47:50"},"new":["(3) When established in the Union,","collecting societies \u2013 as service providers \u2013","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 market18 which","seeks to create a legal framework for","ensuring the freedom of establishment and","the free movement of services between the","Member States. In this context, reminds","that the derogation in article 17(11) for","intellectual property rights from the","principle of freedom to provide","crossborder services without unjustified","restrictions, covers the rights as such","(existence of the right, scope and","exceptions, duration, etc.) and it does not","concern services linked to the","management of such rights, such as those","provided by collective management","organisations. This implies that collecting","societies 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."],"old":["(3) When established in the Union,","collecting societies \u2013 as service providers \u2013","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","societies 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.",""],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"94","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean-Marie Cavada, Piotr Borys","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-95","location":[["Proposal for a directive","Recital 3 a (new)"]],"meps":[28206,96799],"meta":{"created":"2019-07-03T05:47:51"},"new":["(3a) A suitable legal framework for","collective management organisations","should be established and, in particular,","those Member States that do not yet have","a supervisory body should establish one so","as to facilitate the proper transposition of","the EU legislation."],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"95","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean-Marie Cavada","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-96","location":[["Proposal for a directive","Recital 3 a (new)"]],"meps":[28206],"meta":{"created":"2019-07-03T05:47:51"},"new":["(3a) Collective management organisations","are not commercial companies as they do","not merely collect and redistribute rights","revenue but also promote creativity and","cultural diversity. They may therefore be","required to comply with Directive","2006/123/EC of the European Parliament","and of the Council of 12 December 2006,","on services in the internal market, only in","respect of a certain number of their","activities."],"old":[""],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"96","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-97","location":[[" Proposal for a directive","Recital 4"]],"meps":[96945],"meta":{"created":"2019-07-03T05:47:51"},"new":["(4) There are significant differences in the","national rules governing the functioning of","collecting societies, in particular as regards","their transparency and accountability","towards their members, rightholders and","users. Beyond the difficulties non-","domestic rightholders face when exercising","their rights and the too often poor financial","management of the revenues collected,","problems with the functioning of collecting","societies lead to inefficiencies in the","exploitation of copyright and related rights","across the internal market to the detriment","of the members of collecting societies,","rightholders and users alike."],"old":["(4) There are significant differences in the","national rules governing the functioning of","collecting societies, in particular as regards","their transparency and accountability","towards their members and rightholders.","Beyond the difficulties non-domestic","rightholders face when exercising their","rights and the too often poor financial","management of the revenues collected,","problems with the functioning of collecting","societies lead to inefficiencies in the","exploitation of copyright and related rights","across the internal market to the detriment","of the members of collecting societies,","rightholders and users alike. These","difficulties do not arise in the functioning","of independent rights management service","providers who act as agents for","rightholders for the management of their","rights on a commercial basis and in which","rightholders do not exercise membership","rights."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"97","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Nadja Hirsch","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-98","location":[[" Proposal for a directive","Recital 4"]],"meps":[96872],"meta":{"created":"2019-07-03T05:47:51"},"new":["(4) There are significant differences in the","national rules governing the functioning of","collecting societies, in particular as regards","their transparency and accountability","towards their members and rightholders.","Beyond the difficulties non-domestic","rightholders face when exercising their","rights and the too often poor financial","management of the revenues collected,","problems with the functioning of collecting","societies lead to inefficiencies in the","exploitation of copyright and related rights","across the internal market to the detriment","of the members of collecting societies,","rightholders and users alike. Independent","rights management service providers, by","contrast, act as agents for rightholders for","the management of their rights on a purely","commercial basis, and rightholders do not","exercise membership rights within them."],"old":["(4) There are significant differences in the","national rules governing the functioning of","collecting societies, in particular as regards","their transparency and accountability","towards their members and rightholders.","Beyond the difficulties non-domestic","rightholders face when exercising their","rights and the too often poor financial","management of the revenues collected,","problems with the functioning of collecting","societies lead to inefficiencies in the","exploitation of copyright and related rights","across the internal market to the detriment","of the members of collecting societies,","rightholders and users alike. These","difficulties do not arise in the functioning","of independent rights management service","providers who act as agents for","rightholders for the management of their","rights on a commercial basis and in which","rightholders do not exercise membership","rights."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"98","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean-Marie Cavada","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-99","location":[["Proposal for a directive","Recital 4"]],"meps":[28206],"meta":{"created":"2019-07-03T05:47:51"},"new":["(4) There are significant differences in the","national rules governing the functioning of","collecting societies, in particular as regards","their transparency and accountability","towards their members and rightholders.","Furthermore, problems with the","functioning of collecting societies lead to","inefficiencies in the exploitation of","copyright and related rights across the","internal market to the detriment of the","members of collecting societies,","rightholders and users alike. These","difficulties do not arise in the functioning","of independent rights management service","providers who act as agents for","rightholders for the management of their","rights on a commercial basis and in which","rightholders do not exercise membership","rights, provided that they do not compete","directly with management organisations","in the areas of collecting and distributing","monies due to rightholders. In such cases","the criteria of membership and control by","the membership are not relevant."],"old":["(4) There are significant differences in the","national rules governing the functioning of","collecting societies, in particular as regards","their transparency and accountability","towards their members and rightholders.","Beyond the difficulties non-domestic","rightholders face when exercising their","rights and the too often poor financial","management of the revenues collected,","problems with the functioning of collecting","","societies lead to inefficiencies in the","exploitation of copyright and related rights","across the internal market to the detriment","of the members of collecting societies,","rightholders and users alike. These","difficulties do not arise in the functioning","of independent rights management service","providers who act as agents for","rightholders for the management of their","rights on a commercial basis and in which","rightholders do not exercise membership","rights."],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"99","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Rolandas Paksas","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-100","location":[[" Proposal for a directive","Recital 4"]],"meps":[96694],"meta":{"created":"2019-07-03T05:47:51"},"new":["(4) There are significant differences in the","national rules governing the functioning of","collecting societies, in particular as regards","their transparency and accountability","towards their members and rightholders.","Beyond the difficulties non-domestic","rightholders face when exercising their","rights and the too often poor financial","management of the revenues collected,","problems with the functioning of collecting","societies lead to inefficiencies in the","exploitation of copyright and related rights","across the internal market to the detriment","of the members of collecting societies,","rightholders and users alike. These","difficulties do not arise in the functioning","of independent rights management service","providers who act as agents for","rightholders for the management of their","rights on a commercial basis and in which","rightholders do not exercise membership","rights provided that they are not acting in","direct competition with collecting societies","in the fields of collection and distribution","of amounts due to rightholders. In such","cases, the criteria of ownership and","control by members are not relevant."],"old":["(4) There are significant differences in the","national rules governing the functioning of","collecting societies, in particular as regards","their transparency and accountability","towards their members and rightholders.","Beyond the difficulties non-domestic","rightholders face when exercising their","rights and the too often poor financial","management of the revenues collected,","problems with the functioning of collecting","societies lead to inefficiencies in the","exploitation of copyright and related rights","across the internal market to the detriment","of the members of collecting societies,","rightholders and users alike. These","difficulties do not arise in the functioning","of independent rights management service","providers who act as agents for","rightholders for the management of their","rights on a commercial basis and in which","rightholders do not exercise membership","","rights."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"100","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean-Marie Cavada, Piotr Borys","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-101","location":[["Proposal for a directive","Recital 6"]],"meps":[28206,96799],"meta":{"created":"2019-07-03T05:47:51"},"new":["(6) The protection of the interests of the","members of collecting societies,","rightholders and third parties requires that","the laws of the Member States related to","copyright management and multi-territorial","licensing for online rights in musical works","be coordinated with a view to having","equivalent safeguards throughout the","Union."],"old":["(6) The protection of the interests of the","members of collecting societies,","rightholders and third parties requires that","the laws of the Member States related to","copyright management and multi-territorial","licensing for online rights in musical works","be coordinated with a view to having","equivalent safeguards throughout the","Union. Accordingly, the Directive is based","on Article 50(2)(g) of the Treaty."],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"101","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Helga Tr\u00fcpel","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-102","location":[["Proposal for a directive","Recital 8"]],"meps":[28240],"meta":{"created":"2019-07-03T05:47:51"},"new":["(8) In order to ensure that holders of","copyright and related rights can fully","benefit from the internal market when their","rights are being managed collectively and","that their freedom to exercise their rights is","not unduly affected, it is necessary to","provide for the inclusion of appropriate","safeguards in the constituting documents of","collective management organisations.","Moreover, collective management","organisations should not discriminate,","directly or indirectly, between rightholders","on the basis of their nationality, place of","residence or place of establishment when","providing their management services."],"old":["(8) In order to ensure that holders of","copyright and related rights can fully","benefit from the internal market when their","rights are being managed collectively and","that their freedom to exercise their rights is","not unduly affected, it is necessary to","","provide for the inclusion of appropriate","safeguards in the constituting documents of","collecting societies. Moreover, in","accordance with Directive 2006/123/EC","collecting societies should not","discriminate, directly or indirectly,","between rightholders on the basis of their","nationality, place of residence or place of","establishment when providing their","management services."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"102","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean-Marie Cavada","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-103","location":[[" Proposal for a directive","Recital 9"]],"meps":[28206],"meta":{"created":"2019-07-03T05:47:51"},"new":["(9) Having the freedom to provide and to","receive collective management services","across national borders entails that","rightholders are able to freely choose the","collecting society for the management of","their rights, such as public performance or","broadcasting rights1, provided the","collecting society already manages such","rights. This implies that rightholders can","easily withdraw their rights from a","collecting society and entrust or transfer all","or part of them to another collecting","society or another entity irrespective of the","Member State of residence or the","nationality of either the collecting society","or the rightholder. Collecting societies","managing different types of works and","other subject matter, such as literary,","musical or photographic works, should also","allow this flexibility to rightholders as","regards the management of different types","of works and other subject matter.","Collective management organisations","should inform rightholders of this choice","and allow them to exercise it as easily as","possible. Finally, given that direct","licensing between users and rightholders","plays a major role in some creative sectors","and facilitates the development of","innovative services, this Directive should","not prejudice the possibilities of","rightholders to manage their rights","individually, including for non-commercial","uses.","__________________","1","The reference to \u2018categories of rights\u2019 is","to be deleted throughout the text."],"old":["(9) Having the freedom to provide and to","receive collective management services","across national borders entails that","rightholders are able to freely choose the","collecting society for the management of","their rights, such as public performance or","broadcasting rights, or categories of rights,","such as interactive communication to the","public, provided the collecting society","already manages such rights or categories","of rights. This implies that rightholders can","easily withdraw their rights or categories","of rights from a collecting society and","entrust or transfer all or part of them to","another collecting society or another entity","irrespective of the Member State of","residence or the nationality of either the","collecting society or the rightholder.","Collecting societies managing different","types of works and other subject matter,","such as literary, musical or photographic","works, should also allow this flexibility to","rightholders as regards the management of","different types of works and other subject","matter. Collecting societies should inform","","rightholders of this choice and allow them","to exercise it as easily as possible. Finally,","this Directive should not prejudice the","possibilities of rightholders to manage their","rights individually, including for non-","commercial uses."],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"103","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Helga Tr\u00fcpel","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-104","location":[["Proposal for a directive","Recital 9"]],"meps":[28240],"meta":{"created":"2019-07-03T05:47:51"},"new":["(9) Having the freedom to provide and to","receive services for collective management","of copyright, related rights and other","subject matter across national borders","entails that rightholders are able to freely","choose the collective management","organisation for the management of their","rights, such as public performance or","broadcasting rights, or categories of rights,","such as interactive communication to the","public, provided the collective","management organisation already","manages such rights or categories of rights.","This implies that rightholders can easily","withdraw their rights or categories of rights","from a collective management","organisation and entrust or transfer all or","part of them to another collective","management organisation or another","entity irrespective of the Member State of","residence or the nationality of either the","collective management organisation or the","rightholder. Collective management","organisations managing different types of","works and other subject matter, such as","literary, musical or photographic works,","should also allow this flexibility to","rightholders as regards the management of","different types of works and other subject","matter. Collective management","organisations should inform rightholders","of this choice and allow them to exercise it","as easily as possible. Finally, this Directive","should not prejudice the possibilities of","rightholders to manage their rights for non-","commercial uses.","The difference between \u2018non-commercial\u2019","and \u2018commercial\u2019 should be defined as","follows: if content, protected by authors'","rights, is being offered directly on an","internet site, which acquires revenues to a","non-negligible degree through donations,","for example via membership","contributions, through payments by","clients or via advertisement through links","to other homepages, such an activity shall","be considered to be commercial."],"old":["(9) Having the freedom to provide and to","receive collective management services","across national borders entails that","rightholders are able to freely choose the","collecting society for the management of","their rights, such as public performance or","broadcasting rights, or categories of rights,","such as interactive communication to the","public, provided the collecting society","already manages such rights or categories","of rights. This implies that rightholders can","easily withdraw their rights or categories of","rights from a collecting society and entrust","or transfer all or part of them to another","collecting society or another entity","irrespective of the Member State of","residence or the nationality of either the","collecting society or the rightholder.","Collecting societies managing different","types of works and other subject matter,","such as literary, musical or photographic","works, should also allow this flexibility to","","","rightholders as regards the management of","different types of works and other subject","matter. Collecting societies should inform","rightholders of this choice and allow them","to exercise it as easily as possible. Finally,","this Directive should not prejudice the","possibilities of rightholders to manage their","rights individually, including for non-","commercial uses."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"104","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Piotr Borys, Jean-Marie Cavada","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-105","location":[[" Proposal for a directive","Recital 9"]],"meps":[96799,28206],"meta":{"created":"2019-07-03T05:47:51"},"new":["(9) Having the freedom to receive services","for collective management of copyright","and related rights across national borders","entails that rightholders are able to freely","choose the collective management","organisation for the management of their","rights, such as public performance or","broadcasting rights, or categories of rights,","such as interactive communication to the","public, provided the collective","management organisation already","manages such rights or categories of rights.","This implies that rightholders can easily","withdraw their rights or categories of rights","from a collective management","organisation and entrust or transfer all or","part of them to another collective","management organisation or another","entity irrespective of the Member State of","residence or the nationality of either the","collective management organisation or the","rightholder. Collective management","organisations managing different types of","works and other subject matter, such as","literary, musical or photographic works,","should also allow this flexibility to","rightholders as regards the management of","different types of works and other subject","matter. Collective management","organisations should inform rightholders","of this choice and allow them to exercise it","as easily as possible. Finally, this Directive","should not prejudice the possibilities of","rightholders to manage their rights","individually, including for non-commercial","uses."],"old":["(9) Having the freedom to provide and to","receive collective management services","across national borders entails that","rightholders are able to freely choose the","collecting society for the management of","their rights, such as public performance or","broadcasting rights, or categories of rights,","such as interactive communication to the","public, provided the collecting society","","","already manages such rights or categories","of rights. This implies that rightholders can","easily withdraw their rights or categories of","rights from a collecting society and entrust","or transfer all or part of them to another","collecting society or another entity","irrespective of the Member State of","residence or the nationality of either the","collecting society or the rightholder.","Collecting societies managing different","types of works and other subject matter,","such as literary, musical or photographic","works, should also allow this flexibility to","rightholders as regards the management of","different types of works and other subject","matter. Collecting societies should inform","rightholders of this choice and allow them","to exercise it as easily as possible. Finally,","this Directive should not prejudice the","possibilities of rightholders to manage their","rights individually, including for non-","commercial uses."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"105","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Lothar Bisky","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-106","location":[["Proposal for a directive","Recital 9"]],"meps":[96650],"meta":{"created":"2019-07-03T05:47:51"},"new":["(9) Having the freedom to provide and to","receive services for collective","management of copyright, related rights","and other subject matter across national","borders entails that rightholders are able to","freely choose the collective management","organisation for the management of their","rights, such as public performance or","broadcasting rights, or categories of rights,","such as interactive communication to the","public, provided the collecting society","already manages such rights or categories","of rights. This implies that rightholders can","easily withdraw their rights or categories of","rights from a collective management","organisation and, if necessary, entrust or","transfer all or part of them to another","collective management organisation or","another entity irrespective of the Member","State of residence or the nationality of","either the collective management","organisation or the rightholder. Collective","management organisations managing","different types of works and other subject","matter, such as literary, musical or","photographic works, should also allow this","flexibility to rightholders as regards the","management of different types of works","and other subject matter. Collective","management organisations should inform","rightholders of this choice and allow them","to exercise it as easily as possible. Finally,","this Directive should not prejudice the","possibilities of rightholders to manage their","rights individually, including for non-","commercial uses."],"old":["(9) Having the freedom to provide and to","receive collective management services","across national borders entails that","rightholders are able to freely choose the","collecting society for the management of","their rights, such as public performance or","broadcasting rights, or categories of rights,","such as interactive communication to the","","public, provided the collecting society","already manages such rights or categories","of rights. This implies that rightholders can","easily withdraw their rights or categories of","rights from a collecting society and entrust","or transfer all or part of them to another","collecting society or another entity","irrespective of the Member State of","residence or the nationality of either the","collecting society or the rightholder.","Collecting societies managing different","types of works and other subject matter,","such as literary, musical or photographic","works, should also allow this flexibility to","rightholders as regards the management of","different types of works and other subject","matter. Collecting societies should inform","rightholders of this choice and allow them","to exercise it as easily as possible. Finally,","this Directive should not prejudice the","possibilities of rightholders to manage their","rights individually, including for non-","commercial uses."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"106","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-107","location":[[" Proposal for a directive","Recital 9"]],"meps":[96945],"meta":{"created":"2019-07-03T05:47:51"},"new":["(9) Having the freedom to provide and to","receive collective management services","across national borders entails that","rightholders are able to freely choose the","collecting society for the management of","their rights, such as public performance or","broadcasting rights, or categories of rights,","such as interactive communication to the","public, provided the collecting society","already manages such rights or categories","of rights. This implies that rightholders can","easily withdraw their rights or categories of","rights from a collecting society and entrust","or transfer all or part of them to another","collecting society or another entity","irrespective of the Member State of","residence or the nationality of either the","collecting society or the rightholder.","Collecting societies managing different","types of works and other subject matter,","such as literary, musical or photographic","works, should also allow this flexibility to","rightholders as regards the management of","different types of works and other subject","matter. Collecting societies should inform","rightholders of this choice and allow them","to exercise it as easily as possible. Finally,","this Directive should not prejudice the","possibilities of rightholders to manage their","rights individually, including for non-","commercial uses or placement in the","public domain."],"old":["(9) Having the freedom to provide and to","receive collective management services","across national borders entails that","rightholders are able to freely choose the","collecting society for the management of","their rights, such as public performance or","broadcasting rights, or categories of rights,","","such as interactive communication to the","public, provided the collecting society","already manages such rights or categories","of rights. This implies that rightholders can","easily withdraw their rights or categories of","rights from a collecting society and entrust","or transfer all or part of them to another","collecting society or another entity","irrespective of the Member State of","residence or the nationality of either the","collecting society or the rightholder.","Collecting societies managing different","types of works and other subject matter,","such as literary, musical or photographic","works, should also allow this flexibility to","rightholders as regards the management of","different types of works and other subject","matter. Collecting societies should inform","rightholders of this choice and allow them","to exercise it as easily as possible. Finally,","this Directive should not prejudice the","possibilities of rightholders to manage their","rights individually, including for non-","commercial uses."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"107","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marie-Th\u00e9r\u00e8se Sanchez-Schmid","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-108","location":[["Proposal for a directive","Recital 9"]],"meps":[96746],"meta":{"created":"2019-07-03T05:47:51"},"new":["(9) Having the freedom to provide and to","receive collective management services","across national borders entails that","rightholders are able to freely choose the","collecting society for the management of","their rights, such as public performance or","broadcasting rights, or categories of rights,","such as interactive communication to the","public, provided the collecting society","already manages such rights or categories","of rights. This implies that rightholders can","easily withdraw their rights or categories of","rights from a collecting society and entrust","or transfer all or part of them to another","collecting society or another entity","irrespective of the Member State of","residence or the nationality of either the","collecting society or the rightholder.","Collecting societies managing different","types of works and other subject matter,","such as literary, musical or photographic","works, should also allow this flexibility to","rightholders as regards the management of","different types of works and other subject","matter. Collective management","organisations should inform rightholders of","this choice and allow them to exercise it as","easily as possible. Finally, this Directive","should not prejudice the possibilities of","rightholders to manage their rights","individually, including for non-commercial","uses. Direct copyright management","arrangements between users and","rightholders, which are of prime","importance in sectors other than the","music industry, including the audiovisual","and publishing sectors, help to prevent a","fragmentation of rights and facilitate the","rise of new online services."],"old":["(9) Having the freedom to provide and to","receive collective management services","across national borders entails that","rightholders are able to freely choose the","collecting society for the management of","their rights, such as public performance or","broadcasting rights, or categories of rights,","such as interactive communication to the","public, provided the collecting society","already manages such rights or categories","","of rights. This implies that rightholders can","easily withdraw their rights or categories of","rights from a collecting society and entrust","or transfer all or part of them to another","collecting society or another entity","irrespective of the Member State of","residence or the nationality of either the","collecting society or the rightholder.","Collecting societies managing different","types of works and other subject matter,","such as literary, musical or photographic","works, should also allow this flexibility to","rightholders as regards the management of","different types of works and other subject","matter. Collecting societies should inform","rightholders of this choice and allow them","to exercise it as easily as possible. Finally,","this Directive should not prejudice the","possibilities of rightholders to manage their","rights individually, including for non-","commercial uses."],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"108","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Nadja Hirsch","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-109","location":[[" Proposal for a directive","Recital 9"]],"meps":[96872],"meta":{"created":"2019-07-03T05:47:51"},"new":["(9) Having the freedom to provide and to","receive collective management services","across national borders entails that","rightholders are able to freely choose the","collective management organisation for","the management of their rights, such as","public performance or broadcasting rights,","or categories of rights, such as interactive","communication to the public, provided that","collective management organisation","already manages such rights or categories","of rights. This implies that rightholders can","easily withdraw their rights or categories of","rights from a collective management","organisation and entrust or transfer all or","part of them to another collective","management organisation or another","entity irrespective of the Member State of","residence or the nationality of either the","collective management organisation or the","rightholder. Collective management","organisations managing different types of","works and other subject matter, such as","literary, musical or photographic works,","should also allow this flexibility to","rightholders as regards the management of","different types of works and other subject","matter. Collective management","organisations should inform rightholders","of this choice and allow them to exercise it","as easily as possible. Finally, this Directive","should not prejudice the possibilities of","rightholders to manage their rights","individually, including for non-commercial","uses."],"old":["(9) Having the freedom to provide and to","receive collective management services","across national borders entails that","rightholders are able to freely choose the","collecting society for the management of","their rights, such as public performance or","","broadcasting rights, or categories of rights,","such as interactive communication to the","public, provided the collecting society","already manages such rights or categories","of rights. This implies that rightholders can","easily withdraw their rights or categories of","rights from a collecting society and entrust","or transfer all or part of them to another","collecting society or another entity","irrespective of the Member State of","residence or the nationality of either the","collecting society or the rightholder.","Collecting societies managing different","types of works and other subject matter,","such as literary, musical or photographic","works, should also allow this flexibility to","rightholders as regards the management of","different types of works and other subject","matter. Collecting societies should inform","rightholders of this choice and allow them","to exercise it as easily as possible. Finally,","this Directive should not prejudice the","possibilities of rightholders to manage their","rights individually, including for non-","commercial uses."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"109","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Rolandas Paksas","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-110","location":[["Proposal for a directive","Recital 9 a (new)"]],"meps":[96694],"meta":{"created":"2019-07-03T05:47:52"},"new":["(9a) The individual exercise of exclusive","economic rights, such as is often the case","in the audiovisual sector, is also","consistent with internal market goals and","reduces the potential for fragmentation,","through the consolidation of exploitation","rights in the producer."],"old":[""],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"110","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-111","location":[[" Proposal for a directive","Recital 9 a (new)"]],"meps":[96945],"meta":{"created":"2019-07-03T05:47:52"},"new":["(9a) Any actions undertaken by collective","management organisations should not","hurt or undermine the open internet."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"111","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean-Marie Cavada, Piotr Borys","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-112","location":[[" Proposal for a directive","Recital 9 a (new)"]],"meps":[28206,96799],"meta":{"created":"2019-07-03T05:47:52"},"new":["(9a) In implementing the provisions of the","Directive, account should be taken of the","specificity of each sector. In this context,","collecting societies are the preferred way","to ensure fair remuneration for authors.","Collecting societies must be able to","perform their task of pooling management","costs for the benefit of their members and","in the interests of legal certainty for users","and of defending and promoting cultural","diversity."],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"112","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Lothar Bisky","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-113","location":[["Proposal for a directive","Recital 10"]],"meps":[96650],"meta":{"created":"2019-07-03T05:47:52"},"new":["(10) Membership of collecting societies","should be possible, on the basis of","objective and non-discriminatory criteria,","for all holders of rights managed by the","relevant collective management","organisation."],"old":["(10) Membership of collecting societies","should be based on objective and non-","discriminatory criteria including as","regards publishers who by virtue of an","agreement on the exploitation of rights,","are entitled to a share of the income from","the rights managed by collecting societies","and to collect such income from the","collecting society."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"113","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Lothar Bisky","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-114","location":[["Proposal for a directive","Recital 11"]],"meps":[96650],"meta":{"created":"2019-07-03T05:47:52"},"new":["(11) Collective management organisations","are expected to act in the best interests of","their members. It is therefore important to","provide for transparent systems which","enable members of collective management","organisations to exercise their membership","rights by participating in the organisations'","decision-making process. Members must","be represented in the decision-making","process on an equal footing. The","effectiveness of the rules on the general","meeting of members of collective","management organisations might be","undermined if there were no provisions on","how the general meeting should be run.","Thus, it is necessary to ensure that the","general meeting is convened regularly, and","at least annually, and that the most","important decisions in the collective","management organisation, such as the","setting of tariffs, for example, are taken by","the general meeting."],"old":["(11) Collecting societies are expected to","act in the best interests of their members. It","is therefore important to provide for","systems which enable members of","collecting societies to exercise their","membership rights by participating in the","societies' decision-making process. The","representation of the different categories","of members in the decision-making process","should be fair and balanced. The","effectiveness of the rules on the general","meeting of members of collecting societies","may be undermined if there were no","provisions on how the general meeting","should be run. Thus, it is necessary to","ensure that the general meeting is","convened regularly, and at least annually,","and that the most important decisions in the","collecting society are taken by the general","meeting.",""],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"114","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Piotr Borys","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-115","location":[[" Proposal for a directive","Recital 12"]],"meps":[96799],"meta":{"created":"2019-07-03T05:47:52"},"new":["(12) Members of collective 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."],"old":["(12) Members of collecting societies","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."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"115","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-116","location":[[" Proposal for a directive","Recital 12"]],"meps":[96945],"meta":{"created":"2019-07-03T05:47:52"},"new":["(12) All members of collecting societies","should be allowed to participate and vote in","the general meeting. The exercise of voting","rights should be made as easy as possible."],"old":["(12) Members of collecting societies","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."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"116","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Emma McClarkin, Piotr Borys","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-117","location":[["Proposal for a directive","Recital 12"]],"meps":[96919,96799],"meta":{"created":"2019-07-03T05:47:52"},"new":["(12) The interests of all Members of","collecting management 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."],"old":["(12) Members of collecting societies","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."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"117","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sabine Verheyen","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-118","location":[["Proposal for a directive","Recital 12"]],"meps":[96756],"meta":{"created":"2019-07-03T05:47:52"},"new":["(12) Members of collecting societies","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, and","should where possible take place by","electronic means."],"old":["(12) Members of collecting societies","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."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"118","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean-Marie Cavada","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-119","location":[["Proposal for a directive","Recital 12 a (new)"]],"meps":[28206],"meta":{"created":"2019-07-03T05:47:52"},"new":["(12a) At general meetings, the use of a","proxy system should be encouraged so as","to enable more members to be represented","at such meetings; to prevent abuses and","guarantee democratic representation for","all it is essential to limit the concentration","of proxies in the hands of a small number","of people (a maximum of three proxies","per person)."],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"119","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-120","location":[[" Proposal for a directive","Recital 13"]],"meps":[96945],"meta":{"created":"2019-07-03T05:47:52"},"new":["(13) Members should be allowed to take","part in monitoring the management of","collecting societies. To this end, collecting","societies should establish a supervisory","function appropriate to their organisational","structure and allow all categories of","members to be represented in the body that","exercises this function."],"old":["(13) Members should be allowed to take","part in monitoring the management of","collecting societies. To this end, collecting","societies 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","burden on smaller collecting societies 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 societies from having to","organise such a supervisory function."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"120","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Emma McClarkin","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-121","location":[["Proposal for a directive","Recital 13"]],"meps":[96919],"meta":{"created":"2019-07-03T05:47:52"},"new":["(13) Members should be allowed to take","part in monitoring the management of","collecting management organisations. To","this end, collecting management","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","management organisations in line with","better regulation commitments, and to","make the obligations arising from this","Directive proportionate, Member States","should exclude the smallest collecting","management organisations from having to","organise such a supervisory function."],"old":["(13) Members should be allowed to take","part in monitoring the management of","collecting societies. To this end, collecting","societies 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","burden on smaller collecting societies 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 societies from having to organise","such a supervisory function."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"121","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sabine Verheyen","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-122","location":[["Proposal for a directive","Recital 13"]],"meps":[96756],"meta":{"created":"2019-07-03T05:47:52"},"new":["(13) Members should be allowed to take","part in monitoring the management of","collective management organisations. To","this end, collective management","organisations should establish a","supervisory function appropriate to their","organisational structure and allow the","different categories of members to be","represented in equal manner in the body","that exercises this function. To avoid","imposing excessive burden on smaller","collecting societies 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","societies from having to organise such a","supervisory function."],"old":["(13) Members should be allowed to take","part in monitoring the management of","collecting societies. To this end, collecting","societies 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","burden on smaller collecting societies 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","","societies from having to organise such a","supervisory function."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"122","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Piotr Borys, Jean-Marie Cavada","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-123","location":[[" Proposal for a directive","Recital 13"]],"meps":[96799,28206],"meta":{"created":"2019-07-03T05:47:52"},"new":["(13) Members should be allowed to take","part in monitoring the management of","collective management organisations. To","this end, collective management","organisations should establish a","supervisory function appropriate to their","organisational structure and allow the","different categories of members to be","represented in fair and balanced manner","in the body that exercises this function. To","avoid imposing excessive burden on","smaller collecting societies 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","societies from having to organise such a","supervisory function."],"old":["(13) Members should be allowed to take","part in monitoring the management of","collecting societies. To this end, collecting","societies 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","burden on smaller collecting societies 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","societies from having to organise such a","supervisory function."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"123","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-124","location":[[" Proposal for a directive","Recital 14"]],"meps":[96945],"meta":{"created":"2019-07-03T05:47:52"},"new":["(14) For reasons of sound management, a","collecting society's senior management","must be independent. Managers and","executive directors should be required to","declare, prior to and yearly after taking","their position as manager or executive","director, whether there are conflicts","between their interests and those of the","collecting society."],"old":["(14) For reasons of sound management, a","collecting society's senior management","must be independent. Managers and","executive directors should be required to","declare annually to the collecting society","whether there are conflicts between their","interests and those of the society."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"124","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Nadja Hirsch","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-125","location":[["Proposal for a directive","Recital 15"]],"meps":[96872],"meta":{"created":"2019-07-03T05:47:52"},"new":["(15) Collective management organisations","collect, manage and distribute revenue","from the exploitation of the rights entrusted","to them by rightholders. This revenue is","ultimately due to rightholders who may be","members of that collective management","organisation, or another society. It is","therefore important that collective","management organisations exercise the","utmost diligence, with maximum","efficiency, in collecting, managing and","distributing that revenue. Accurate","distribution is only possible where","collective management organisations","maintain proper records of membership,","licences and use of works and other subject","matter. Data on the use of the rights","managed by collective management","organisations should also be provided by","rightholders and users as quickly as","possible, and with due care, and verified","by those organisations. Amounts collected","and due to rightholders should be managed","separately from any own assets of the","collective management organisation and,","if they are invested, pending their","distribution to rightholders, this should be","carried out in accordance with the","investment policy decided by the collective","management organisation's general","meeting. In order to maintain a high level","of protection for the rights of rightholders","and to ensure that any income which may","be derived from exploitation of their rights","accrues for the benefit of rightholders, the","investments made and held by the","collective management organisation","should be managed in accordance with","criteria which would oblige the","organisation to act prudently, while","allowing it to decide on the most secure","and efficient investment policy. This","should allow the collective management","organisation to opt for an asset allocation","that suits the precise nature and duration of","any exposure to risk of any rights revenue","invested and which does not unduly","prejudice any rights revenue owed to","rightholders. Moreover, in order to ensure","that the amounts due to rightholders are","appropriately and effectively distributed, it","is necessary to require collective","management organisations to undertake","diligent and good faith reasonable","measures to identify and locate the relevant","rightholders. It is also appropriate to","provide for the approval by members of","collective management organisations of","the rules governing any situation where,","due to the lack of identified or located","rightholders, amounts collected cannot be","distributed."],"old":["(15) Collecting societies collect, manage","and distribute revenue from the","exploitation of the rights entrusted to them","by rightholders. This revenue is ultimately","due to rightholders who may be members","of that society, or another society. It is","therefore important that collecting societies","exercise the utmost diligence in collecting,","managing and distributing that revenue.","Accurate distribution is only possible","where collecting societies maintain proper","records of membership, licences and use of","works and other subject matter. Where","appropriate, data should also be provided","by rightholders and users and verified by","the collecting societies. Amounts collected","and due to rightholders should be managed","separately from any own assets of the","collecting society and, if they are invested,","pending their distribution to rightholders,","this should be carried out in accordance","with the investment policy decided by the","collecting societies' general meeting. In","","order to maintain a high level of protection","for the rights of rightholders and to ensure","that any income which may be derived","from exploitation of their rights accrues for","the benefit of rightholders, the investments","made and held by the collecting society","should be managed in accordance with","criteria which would oblige the collecting","society to act prudently, while allowing the","collecting society to decide on the most","secure and efficient investment policy.","This should allow the colleting society to","opt for an asset allocation that suits the","precise nature and duration of any","exposure to risk of any rights revenue","invested and which does not unduly","prejudice any rights revenue owed to","rightholders. Moreover, in order to ensure","that the amounts due to rightholders are","appropriately and effectively distributed, it","is necessary to require collecting societies","to undertake diligent and good faith","reasonable measures to identify and locate","the relevant rightholders. It is also","appropriate to provide for the approval by","members of collecting societies of the rules","governing any situation where, due to the","lack of identified or located rightholders,","amounts collected cannot be distributed."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"125","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean-Marie Cavada, Piotr Borys","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-126","location":[["Proposal for a directive","Recital 15"]],"meps":[28206,96799],"meta":{"created":"2019-07-03T05:47:52"},"new":["(15) Collecting societies collect, manage","and distribute revenue from the","exploitation of the rights entrusted to them","by rightholders. This revenue is ultimately","due to rightholders who may be members","of that society, or another society. It is","therefore important that collecting societies","exercise the utmost diligence in collecting,","managing and distributing that revenue.","Accurate distribution is only possible","where collecting societies maintain proper","records of membership, licences and use of","works and other subject matter. Where","appropriate, data should also be provided","by rightholders and users and verified by","the collecting societies. Amounts collected","and due to rightholders should be managed","separately from any own assets of the","collecting society and, if they are invested,","pending their distribution to rightholders,","this should be carried out in accordance","with the investment policy decided by the","collecting societies\u2019 general meeting. In","order to maintain a high level of protection","for the rights of rightholders and to ensure","that any income which may be derived","from exploitation of their rights accrues for","the benefit of rightholders, the investments","made and held by the collecting society","should be managed in accordance with","criteria which would oblige the collecting","society to act prudently, while allowing the","collecting society to decide on the most","secure and efficient investment policy. As","the collective management of rights by","collecting societies is not a profit-making","activity, these organisations should opt for","an asset allocation that is suitable in","terms of its precise nature and duration,","and avoids any exposure to risk of rights","revenue. This should allow the colleting","society to opt for an asset allocation that","suits the precise nature and duration of any","exposure to risk of any rights revenue","invested and which does not unduly","prejudice any rights revenue owed to","rightholders. Moreover, in order to ensure","that the amounts due to rightholders are","appropriately and effectively distributed, it","is necessary to require collecting societies","to undertake diligent and good faith","reasonable measures to identify and locate","the relevant rightholders. It is also","appropriate to provide for the approval by","members of collecting societies of the rules","governing any situation where, due to the","lack of identified or located rightholders,","amounts collected cannot be distributed."],"old":["(15) Collecting societies collect, manage","and distribute revenue from the","exploitation of the rights entrusted to them","by rightholders. This revenue is ultimately","due to rightholders who may be members","of that society, or another society. It is","therefore important that collecting societies","exercise the utmost diligence in collecting,","managing and distributing that revenue.","Accurate distribution is only possible","where collecting societies maintain proper","records of membership, licences and use of","works and other subject matter. Where","appropriate, data should also be provided","by rightholders and users and verified by","the collecting societies. Amounts collected","and due to rightholders should be managed","separately from any own assets of the","collecting society and, if they are invested,","pending their distribution to rightholders,","this should be carried out in accordance","with the investment policy decided by the","collecting societies\u2019 general meeting. In","order to maintain a high level of protection","for the rights of rightholders and to ensure","that any income which may be derived","from exploitation of their rights accrues for","the benefit of rightholders, the investments","made and held by the collecting society","should be managed in accordance with","criteria which would oblige the collecting","society to act prudently, while allowing the","collecting society to decide on the most","secure and efficient investment policy.","This should allow the colleting society to","opt for an asset allocation that suits the","precise nature and duration of any","exposure to risk of any rights revenue","invested and which does not unduly","prejudice any rights revenue owed to","rightholders. Moreover, in order to ensure","that the amounts due to rightholders are","appropriately and effectively distributed, it","","is necessary to require collecting societies","to undertake diligent and good faith","reasonable measures to identify and locate","the relevant rightholders. It is also","appropriate to provide for the approval by","members of collecting societies of the rules","governing any situation where, due to the","lack of identified or located rightholders,","amounts collected cannot be distributed."],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"126","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-127","location":[[" Proposal for a directive","Recital 15"]],"meps":[96945],"meta":{"created":"2019-07-03T05:47:52"},"new":["(15) Collecting societies collect, manage","and distribute revenue from the","exploitation of the rights entrusted to them","by rightholders. This revenue is ultimately","due to rightholders who may be members","of that society, or another society. It is","therefore important that collecting societies","exercise the utmost diligence in collecting,","managing and distributing that revenue.","Accurate distribution is only possible","where collecting societies maintain proper","and transparent records of membership,","licences and use of works and other subject","matter. Where appropriate, data should also","be provided by rightholders and users and","verified by the collecting societies.","Amounts collected and due to rightholders","should be managed separately from any","own assets of the collecting society and, if","they are invested, pending their distribution","to rightholders, this should be carried out","in accordance with the investment policy","decided by the collecting societies' general","meeting. In order to maintain a high level","of protection for the rights of rightholders","and to ensure that any income which may","be derived from exploitation of their rights","accrues for the benefit of rightholders, the","investments made and held by the","collecting society should be managed in","accordance with criteria which would","oblige the collecting society to act","prudently, while allowing the collecting","society to decide on the most secure and","efficient investment policy. This should","allow the collecting society to opt for a","secure and profitable asset allocation that","prevents exposure to risk of any rights","revenue invested and which does not","unduly prejudice any rights revenue owed","to rightholders. Moreover, in order to","ensure that the amounts due to rightholders","are appropriately and effectively","distributed, it is necessary to require","collecting societies to undertake diligent","and good faith reasonable measures to","identify and locate the relevant","rightholders. It is also appropriate to","provide for the approval by members of","collecting societies of the rules governing","any situation where, due to the lack of","identified or located rightholders, amounts","collected cannot be distributed."],"old":["(15) Collecting societies collect, manage","and distribute revenue from the","exploitation of the rights entrusted to them","by rightholders. This revenue is ultimately","due to rightholders who may be members","of that society, or another society. It is","therefore important that collecting societies","exercise the utmost diligence in collecting,","managing and distributing that revenue.","Accurate distribution is only possible","where collecting societies maintain proper","records of membership, licences and use of","works and other subject matter. Where","appropriate, data should also be provided","by rightholders and users and verified by","the collecting societies. Amounts collected","and due to rightholders should be managed","separately from any own assets of the","collecting society and, if they are invested,","pending their distribution to rightholders,","","this should be carried out in accordance","with the investment policy decided by the","collecting societies' general meeting. In","order to maintain a high level of protection","for the rights of rightholders and to ensure","that any income which may be derived","from exploitation of their rights accrues for","the benefit of rightholders, the investments","made and held by the collecting society","should be managed in accordance with","criteria which would oblige the collecting","society to act prudently, while allowing the","collecting society to decide on the most","secure and efficient investment policy.","This should allow the colleting society to","opt for an asset allocation that suits the","precise nature and duration of any","exposure to risk of any rights revenue","invested and which does not unduly","prejudice any rights revenue owed to","rightholders. Moreover, in order to ensure","that the amounts due to rightholders are","appropriately and effectively distributed, it","is necessary to require collecting societies","to undertake diligent and good faith","reasonable measures to identify and locate","the relevant rightholders. It is also","appropriate to provide for the approval by","members of collecting societies of the rules","governing any situation where, due to the","lack of identified or located rightholders,","amounts collected cannot be distributed."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"127","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean-Marie Cavada","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-128","location":[["Proposal for a directive","Recital 16"]],"meps":[28206],"meta":{"created":"2019-07-03T05:47:52"},"new":["(16) Since rightholders are entitled to be","remunerated for the exploitation of their","rights, it is important for any deduction,","other than management fees or deductions","required by national law, to be decided by","the members of collecting societies and for","the societies to be transparent towards","rightholders regarding the rules governing","those deductions. Any such rightholder","should have access in a non-discriminatory","manner to any social, cultural or","educational service funded through such","deductions. However, this Directive should","not affect national law on any aspects that","are not regulated by this Directive, with the","exception of non-voluntary collective","management models."],"old":["(16) Since rightholders are entitled to be","remunerated for the exploitation of their","","rights, it is important for any deduction,","other than management fees or deductions","required by national law, to be decided by","the members of collecting societies and for","the societies to be transparent towards","rightholders regarding the rules governing","those deductions. Any such rightholder","should have access in a non-discriminatory","manner to any social, cultural or","educational service funded through such","deductions. However, this Directive should","not affect national law on any aspects that","are not regulated by this Directive."],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"128","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean-Marie Cavada, Piotr Borys","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-129","location":[[" Proposal for a directive","Recital 16 a (new)"]],"meps":[28206,96799],"meta":{"created":"2019-07-03T05:47:53"},"new":["(16a) This Directive is without prejudice","to arrangements in the Member States","concerning extended or compulsory","collective licensing, legal presumptions of","representation or transfer, or a","combination of these elements."],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"129","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-130","location":[[" Proposal for a directive","Recital 18"]],"meps":[96945],"meta":{"created":"2019-07-03T05:47:53"},"new":["(18) Fair commercial terms in licensing are","particularly important to ensure that users","can license the works and other protected","subject-matter for which a collecting","society represents rights and to ensure the","remuneration of rightholders. Collecting","societies and users should therefore","conduct licensing negotiations in good","faith and apply tariffs determined on the","basis of objective and non-discriminatory","criteria ."],"old":["(18) Fair commercial terms in licensing are","","particularly important to ensure that users","can license the works and other protected","subject-matter for which a collecting","society represents rights and to ensure the","remuneration of rightholders. Collecting","societies and users should therefore","conduct licensing negotiations in good","faith and apply tariffs determined on the","basis of objective criteria."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"130","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-131","location":[["Proposal for a directive","Recital 18 a (new)"]],"meps":[96945],"meta":{"created":"2019-07-03T05:47:53"},"new":["(18a) To enhance transparency and","prevent situations where users receive","more than one invoice for the same rights","in the same works, collecting societies","should be required to cooperate closely","among themselves. This cooperation","should include pooling of information on","licences and use of works in a common","database, coordinated and joint invoicing","and collecting of rights revenues."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"131","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Lothar Bisky","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-132","location":[["Proposal for a directive","Recital 19"]],"meps":[96650],"meta":{"created":"2019-07-03T05:47:53"},"new":["(19) To enhance the trust of rightholders,","users and other collecting societies in the","management services provided by","collective management organisations,","each collecting society should be required","to set up specific transparency measures.","Each collecting society should therefore","inform individual rightholders of the","amounts paid to them and the","corresponding deductions made. Collective","management organisations should also be","required to provide sufficient information,","including financial information, to the","other collective management","organisations whose rights they manage","through representation agreements. Each","collecting society should also make public","all relevant information in standardised","form to ensure that rightholders, users and","other collective management organisations","understand how it is structured and how it","carries out its activities. Collective","management organisations should in","particular disclose to rightholders, users","and other collective management","organisations, on the basis of","standardised information categories, the","scope of their repertoire and their rules on","fees, deductions and tariffs."],"old":["(19) To enhance the trust of rightholders,","users and other collecting societies in the","","management services provided by","collecting societies, each collecting society","should be required to set up specific","transparency measures. Each collecting","society should therefore inform individual","rightholders of the amounts paid to them","and the corresponding deductions made.","They should also be required to provide","sufficient information, including financial","information, to the other collecting","societies whose rights they manage through","representation agreements. Each collecting","society should also make public enough","information to ensure that rightholders,","users and other collecting societies","understand how it is structured and how it","carries out its activities. Collecting","societies should in particular disclose to","rightholders, users and other collecting","societies the scope of their repertoire and","their rules on fees, deductions and tariffs."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"132","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-133","location":[[" Proposal for a directive","Recital 20"]],"meps":[96945],"meta":{"created":"2019-07-03T05:47:53"},"new":["(20) To ensure that rightholders are in a","position to monitor the performance of","their collecting societies and compare their","respective performance, collecting","societies should make public an annual","transparency report comprising comparable","audited financial information specific to","the activities of collecting societies.","Collecting societies should also make","public an annual special report on the use","of amounts dedicated to social, cultural and","educational services."],"old":["(20) To ensure that rightholders are in a","position to monitor the performance of","their collecting societies and compare their","respective performance, collecting","societies should make public an annual","transparency report comprising comparable","audited financial information specific to","the activities of collecting societies.","","Collecting societies should also make","public an annual special report on the use","of amounts dedicated to social, cultural and","educational services. To avoid imposing","excessive burden on smaller collecting","societies 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 societies from certain","transparency obligations."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"133","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Emma McClarkin","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-134","location":[["Proposal for a directive","Recital 20"]],"meps":[96919],"meta":{"created":"2019-07-03T05:47:53"},"new":["(20) To ensure that rightholders are in a","position to monitor the performance of","their collecting management organisations","and compare their respective performance,","collecting management organisations","should make public an annual transparency","report comprising comparable audited","financial information specific to the","activities of collecting management","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","management organisations, in line with","better regulation commitments and to","make the obligations arising from this","Directive proportionate, Member States","should exclude the smallest collecting","management organisations from having","to organise such a supervisory function."],"old":["(20) To ensure that rightholders are in a","position to monitor the performance of","their collecting societies and compare their","respective performance, collecting","societies should make public an annual","transparency report comprising comparable","audited financial information specific to","the activities of collecting societies.","Collecting societies should also make","public an annual special report on the use","of amounts dedicated to social, cultural and","educational services. To avoid imposing","excessive burden on smaller collecting","societies 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 societies from certain","transparency obligations."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"134","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marie-Th\u00e9r\u00e8se Sanchez-Schmid","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-135","location":[[" Proposal for a directive","Recital 20 a (new)"]],"meps":[96746],"meta":{"created":"2019-07-03T05:47:53"},"new":["(20a) This Directive is without prejudice","to arrangements in the Member States","concerning the management of rights,","such as extended collective licensing,","compulsory collective management, or","legal presumptions of representation or","transfer, provided that the arrangements","in question are compatible with Union","law and the international obligations of","the European Union and the Member","States. In the case of compulsory","collective management for all works in a","given category of rights or types of","content, the requirement to publish the","repertoire shall not apply where a single","compulsory collective management body","is specifically mandated."],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"135","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Rolandas Paksas","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-136","location":[[" Proposal for a directive","Recital 20 a (new)"]],"meps":[96694],"meta":{"created":"2019-07-03T05:47:53"},"new":["(20a) This Directive is without prejudice","to the arrangements in the Member States","concerning the management of rights","such as extended collective licensing,","compulsory collective management and","legal presumptions of representation, or","transfer of rights, provided that such","arrangements are compatible with Union","law and the international obligations of","the Union and its Member States. In the","case of mandatory collective management","for all works in a relevant category of","rights or type of content, the obligation to","publish the repertoire is unnecessary","where only one is actively mandated."],"old":[""],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"136","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Nadja Hirsch","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-137","location":[["Proposal for a directive","Recital 22"]],"meps":[96872],"meta":{"created":"2019-07-03T05:47:53"},"new":["(22) While the Internet knows no borders,","the online market for music services in the","EU is still fragmented, and a single market","has still not been fully achieved. The","complexity and difficulty associated with","the collective management of rights in","Europe has, in a number of instances,","exacerbated the fragmentation of the","European digital market for online music","services. This situation comes in stark","contrast to the fast growing demand of","consumers for access to legally available","digital content and associated innovative","services, including across national borders."],"old":["(22) While the Internet knows no borders,","the online market for music services in the","EU is still fragmented, and a single market","has still not been fully achieved. The","complexity and difficulty associated with","the collective management of rights in","Europe has, in a number of instances,","exacerbated the fragmentation of the","European digital market for online music","services. This situation comes in stark","contrast to the fast growing demand of","consumers for access to digital content and","associated innovative services, including","across national borders."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"137","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Lothar Bisky","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-138","location":[["Proposal for a directive","Recital 22"]],"meps":[96650],"meta":{"created":"2019-07-03T05:47:53"},"new":["(22) While the Internet knows no borders,","the online market for music services in the","EU is still fragmented, and a single market","has still not been fully achieved. The","complexity and difficulty associated with","the collective management of rights in","Europe has, in a number of instances,","exacerbated the fragmentation of the","European digital market for online music","services. This situation comes in stark","contrast to the fast growing demand of","consumers for access to digital content and","associated innovative services, including","across national borders. It is therefore","increasingly necessary to adapt copyright","law to the digital age."],"old":["(22) While the Internet knows no borders,","","the online market for music services in the","EU is still fragmented, and a single market","has still not been fully achieved. The","complexity and difficulty associated with","the collective management of rights in","Europe has, in a number of instances,","exacerbated the fragmentation of the","European digital market for online music","services. This situation comes in stark","contrast to the fast growing demand of","consumers for access to digital content and","associated innovative services, including","across national borders."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"138","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sabine Verheyen","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-139","location":[[" Proposal for a directive","Recital 22 a (new)"]],"meps":[96756],"meta":{"created":"2019-07-03T05:47:53"},"new":["(22a) The provision of multi-territorial","multi-repertoire licences for online music","rights and the safeguarding of a fair and","adequate remuneration for rightholders","by collective management organisations","lies in the general economic and cultural","interest of the European Union and its","citizens. Cross-border cooperation of","collective management organisations or","the consolidation of their licensing","activities to pool their respective","complementary repertoires is","indespensable for the establishment and","the functioning of an efficient system of","multi-territorial multi-repertoire licences","for online rights in musical works."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"139","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Nadja Hirsch","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-140","location":[["Proposal for a directive","Recital 23"]],"meps":[96872],"meta":{"created":"2019-07-03T05:47:53"},"new":["(23) Commission Recommendation","2005/737/EC promoted a new regulatory","environment for the management, at Union","level, of copyright and related rights for the","provision of legitimate online music","services. It recognised that in an era of","online exploitation of musical works,","commercial users need a licensing policy","that corresponds to the ubiquity of the","online environment and which is multi-","territorial. However, the Recommendation","has not been sufficient to encourage the","widespread multi-territorial licensing of","online rights in musical works and to","address the specific demands of multi-","territorial licensing."],"old":["(23) Commission Recommendation","2005/737/EC promoted a new regulatory","environment better suited to the","management, at Union level, of copyright","and related rights for the provision of","legitimate online music services. It","recognised that in an era of online","exploitation of musical works, commercial","users need a licensing policy that","corresponds to the ubiquity of the online","environment and which is multi-territorial.","However, the Recommendation, due to its","voluntary nature, has not been sufficient to","encourage the widespread multi-territorial","licensing of online rights in musical works","and to address the specific demands of","multi-territorial licensing."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"140","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Lothar Bisky","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-141","location":[["Proposal for a directive","Recital 23 a (new)"]],"meps":[96650],"meta":{"created":"2019-07-03T05:47:53"},"new":["(23a) Moreover, this Directive takes into","account the possibility of distinguishing","between commercial use, private use and","free use of material, in the latter case","made available on a non-profit basis. In","addition, rightholders have the option of","managing their rights themselves or","transferring them to another society or","association."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"141","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Lothar Bisky","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-142","location":[[" Proposal for a directive","Recital 24"]],"meps":[96650],"meta":{"created":"2019-07-03T05:47:53"},"new":["(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 societies, 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 societies of multi-","territorial collective licensing of authors'","online rights in musical works. These","provisions should ensure the necessary","minimum quality of the cross-border","services provided by collecting societies,","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","society to request another collecting","society 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 to","accept the mandate of the requesting","society."],"old":["(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 societies, 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 societies of multi-","territorial collective licensing of authors'","online rights in musical works. These","provisions should ensure the necessary","minimum quality of the cross-border","services provided by collecting societies,","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","society to request another collecting","society 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."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"142","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-143","location":[["Proposal for a directive","Recital 24"]],"meps":[96945],"meta":{"created":"2019-07-03T05:47:53"},"new":["(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 societies, 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 societies of multi-","territorial collective licensing of authors'","online rights in musical works. These","provisions should ensure the necessary","minimum quality of the cross-border","services provided by collecting societies,","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","society to request another collecting","society 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","content services across the Union will","provide an alternative to online content","over which no copyright fees are paid."],"old":["(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 societies, 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 societies of multi-","territorial collective licensing of authors'","online rights in musical works. These","provisions should ensure the necessary","minimum quality of the cross-border","services provided by collecting societies,","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","society to request another collecting","society 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."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"143","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marie-Th\u00e9r\u00e8se Sanchez-Schmid","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-144","location":[[" Proposal for a directive","Recital 24"]],"meps":[96746],"meta":{"created":"2019-07-03T05:47:53"},"new":["(24) Unlike the other creative sectors,","where direct licensing plays a greater role,","collective management of authors\u2019 rights","on a territorial basis remains the norm in","the online music sector. It is therefore","essential to create conditions conducive to","the most effective licensing practices by","collecting societies. It is therefore","appropriate to provide for a set of rules","coordinating basic conditions for the","provision by collecting societies of multi-","territorial collective licensing of authors\u2019","online rights in musical works. These","provisions should ensure the necessary","minimum quality of the cross-border","services provided by collecting societies,","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","society to request another collecting","society 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."],"old":["(24) In the online music sector, where","collective management of authors\u2019 rights","on a territorial basis remains the norm, it is","essential to create conditions conducive to","the most effective licensing practices by","collecting societies, 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 societies of multi-","territorial collective licensing of authors\u2019","online rights in musical works. These","provisions should ensure the necessary","minimum quality of the cross-border","services provided by collecting societies,","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","society to request another collecting","society 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."],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"144","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Rolandas Paksas","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-145","location":[["Proposal for a directive","Recital 24"]],"meps":[96694],"meta":{"created":"2019-07-03T05:47:54"},"new":["(24) Unlike other creative sectors where","direct licensing plays a more prominent","role, the collective management of authors'","rights on a territorial basis remains the","norm in the music sector. Therefore, it is","essential to create conditions conducive to","the most effective licensing practices by","collecting societies, 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 societies of multi-","territorial collective licensing of authors'","online rights in musical works. These","provisions should ensure the necessary","minimum quality of the cross-border","services provided by collecting societies,","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","society to request another collecting","society 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."],"old":["(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 societies, 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 societies of multi-","territorial collective licensing of authors'","online rights in musical works. These","provisions should ensure the necessary","minimum quality of the cross-border","services provided by collecting societies,","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","society to request another collecting","society 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.",""],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"145","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Emma McClarkin, Piotr Borys","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-146","location":[[" Proposal for a directive","Recital 24"]],"meps":[96919,96799],"meta":{"created":"2019-07-03T05:47:54"},"new":["(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 management 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 management","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","management 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 management organisation to","request another collecting management","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."],"old":["(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 societies, 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 societies of multi-","territorial collective licensing of authors'","online rights in musical works. These","provisions should ensure the necessary","minimum quality of the cross-border","services provided by collecting societies,","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","society to request another collecting society","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."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"146","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Nadja Hirsch","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-147","location":[["Proposal for a directive","Recital 24"]],"meps":[96872],"meta":{"created":"2019-07-03T05:47:54"},"new":["(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 societies, 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 societies of multi-","territorial collective licensing of authors'","online rights in musical works. These","provisions should ensure the necessary","minimum quality of the cross-border","services provided by collecting societies,","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, thus","reducing the number of licences a user","needs to operate a multi-territorial service","and enabling them to be issued more","efficiently. These provisions should enable","a collecting society to request another","collecting society 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."],"old":["(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 societies, 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 societies of multi-","territorial collective licensing of authors'","online rights in musical works. These","provisions should ensure the necessary","minimum quality of the cross-border","services provided by collecting societies,","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","society to request another collecting","society 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."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"147","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Lothar Bisky","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-148","location":[[" Proposal for a directive","Recital 25"]],"meps":[96650],"meta":{"created":"2019-07-03T05:47:54"},"new":["(25) The availability of accurate","information in standardised form on the","musical works, rightholders and the rights","that each collecting society is authorised to","represent in a given Member State is of","particular importance for an effective and","transparent licensing process, for the","subsequent monitoring of the use of","licensed rights and the related invoicing of","service providers as well as for the","distribution of amounts due to rightholders.","For this reason, collecting societies","granting multi-territorial licences for","musical works should be able to process","such standardised detailed data quickly","and accurately. This requires the use of","continually updated databases on","ownership of rights that are licensed on a","multi-territorial basis, containing data that","allow for the identification of works,","rights, rightholders and Member States","which a collecting society is authorised to","represent. These databases should also help","to match standardised information on","works with information on phonograms or","any other fixation in which the work has","been incorporated. It is also important to","ensure that prospective licensees and","rightholders have access to the information","they need to identify the repertoire that","those collecting societies are representing,","without prejudice to any measure these","societies may be entitled to take to protect","the accuracy and integrity of the data, to","control its reuse and to protect personal","data and commercially sensitive","information."],"old":["(25) The availability of accurate and","comprehensive information on the musical","works, rightholders and the rights that each","collecting society is authorised to represent","in a given Member State is of particular","importance for an effective and transparent","licensing process, for the subsequent","monitoring of the use of licensed rights and","the related invoicing of service providers","as well as for the distribution of amounts","due to rightholders. For this reason,","collecting societies granting multi-","territorial licences for musical works","should be able to process such detailed data","quickly and accurately. This requires the","use of continually updated databases on","ownership of rights that are licensed on a","multi-territorial basis, containing data that","allow for the identification of works,","rights, rightholders and Member States","which a collecting society is authorised to","represent. These databases should also help","to match information on works with","information on phonograms or any other","fixation in which the work has been","incorporated. It is also important to ensure","that prospective licensees and rightholders","have access to the information they need to","identify the repertoire that those collecting","","societies are representing, without","prejudice to any measure these societies","may be entitled to take to protect the","accuracy and integrity of the data, to","control its reuse and to protect personal","data and commercially sensitive","information."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"148","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-149","location":[["Proposal for a directive","Recital 25"]],"meps":[96945],"meta":{"created":"2019-07-03T05:47:54"},"new":["(25) The availability of accurate and","comprehensive information on the musical","works, rightholders and the rights that each","collecting society is authorised to represent","in a given Member State is of particular","importance for an effective and transparent","licensing process, for the subsequent","monitoring of the use of licensed rights and","the related invoicing of service providers","as well as for the distribution of amounts","due to rightholders. For this reason,","collecting societies granting multi-","territorial licences for musical works","should be able to process such detailed data","quickly and accurately. This requires the","use of continually updated databases on","ownership of rights that are licensed on a","multi-territorial basis, containing data that","allow for the identification of works,","rights, rightholders and Member States","which a collecting society is authorised to","represent. These databases should also help","to match information on works with","information on phonograms or any other","fixation in which the work has been","incorporated. It is also important to ensure","that users, consumers, prospective","licensees and rightholders have access to","the information they need to identify the","repertoire that those collecting societies are","representing, without prejudice to any","measure these societies may be entitled to","take to protect the accuracy and integrity of","the data, to control its reuse and to protect","personal data and commercially sensitive","information."],"old":["(25) The availability of accurate and","comprehensive information on the musical","works, rightholders and the rights that each","collecting society is authorised to represent","in a given Member State is of particular","importance for an effective and transparent","licensing process, for the subsequent","monitoring of the use of licensed rights and","the related invoicing of service providers","as well as for the distribution of amounts","due to rightholders. For this reason,","collecting societies granting multi-","territorial licences for musical works","should be able to process such detailed data","quickly and accurately. This requires the","use of continually updated databases on","ownership of rights that are licensed on a","multi-territorial basis, containing data that","allow for the identification of works,","rights, rightholders and Member States","which a collecting society is authorised to","represent. These databases should also help","to match information on works with","information on phonograms or any other","fixation in which the work has been","incorporated. It is also important to ensure","that prospective licensees and rightholders","","have access to the information they need to","identify the repertoire that those collecting","societies are representing, without","prejudice to any measure these societies","may be entitled to take to protect the","accuracy and integrity of the data, to","control its reuse and to protect personal","data and commercially sensitive","information."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"149","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-150","location":[[" Proposal for a directive","Recital 26"]],"meps":[96945],"meta":{"created":"2019-07-03T05:47:54"},"new":["(26) To ensure that the data on the music","repertoire they process is as accurate as","possible, collecting societies granting","multi-territorial licences of musical works","should be required to update their","databases continuously and without delay.","They should establish easily accessible","procedures to enable rightholders, other","collecting societies whose repertoire they","may represent, users and consumers to","inform them about any inaccuracy that the","collecting societies databases may contain","in respect of works they own or control,","including rights \u2013 in whole or in part \u2013 and","Member States for which they have","mandated the relevant collecting society to","act. They should also have the capacity to","process electronically the registration of","works and authorisations to manage rights.","Given the importance of information","automation for the fast and effective","processing of data, collecting societies","should provide for the use of electronic","means for the structured communication of","that information by rightholders. Collecting","societies should, as far as possible, ensure","that such electronic means take into","account the relevant industry standards or","practices developed at international level or","at the level of the Union."],"old":["(26) To ensure that the data on the music","repertoire they process is as accurate as","possible, collecting societies granting","multi-territorial licences of musical works","should be required to update their","databases continuously and without delay.","They should establish easily accessible","procedures to enable rightholders and other","collecting societies whose repertoire they","may represent to inform them about any","inaccuracy that the collecting societies","databases may contain in respect of works","they own or control, including rights \u2013 in","whole or in part \u2013 and Member States for","which they have mandated the relevant","collecting society to act. They should also","have the capacity to process electronically","the registration of works and authorisations","to manage rights. Given the importance of","information automation for the fast and","effective processing of data, collecting","societies should provide for the use of","electronic means for the structured","communication of that information by","rightholders. Collecting societies should, as","far as possible, ensure that such electronic","","means take into account the relevant","industry standards or practices developed","at international level or at the level of the","Union."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"150","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Nadja Hirsch","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-151","location":[["Proposal for a directive","Recital 26"]],"meps":[96872],"meta":{"created":"2019-07-03T05:47:54"},"new":["(26) To ensure that the data on the music","repertoire they process is as accurate as","possible, collecting societies granting","multi-territorial licences of musical works","should be required to update their","databases continuously and without delay.","They should establish easily accessible","procedures to enable rightholders and other","collecting societies whose repertoire they","may represent to inform them about any","inaccuracy that the collecting societies","databases may contain in respect of works","they own or control, including rights \u2013 in","whole or in part \u2013 and Member States for","which they have mandated the relevant","collecting society to act. They should also","have the capacity to process electronically","the registration of works and authorisations","to manage rights. Given the importance of","information automation for the fast and","effective processing of data, collecting","societies should provide for the use of","electronic means for the structured","communication of information \u2013 confined","to the information required for this","transaction \u2013 by rightholders. Collecting","societies should, as far as possible, ensure","that such electronic means take into","account the relevant industry standards or","practices developed at international level or","at the level of the Union."],"old":["(26) To ensure that the data on the music","repertoire they process is as accurate as","possible, collecting societies granting","multi-territorial licences of musical works","should be required to update their","databases continuously and without delay.","They should establish easily accessible","procedures to enable rightholders and other","collecting societies whose repertoire they","may represent to inform them about any","inaccuracy that the collecting societies","databases may contain in respect of works","they own or control, including rights \u2013 in","whole or in part \u2013 and Member States for","which they have mandated the relevant","collecting society to act. They should also","have the capacity to process electronically","the registration of works and authorisations","to manage rights. Given the importance of","information automation for the fast and","effective processing of data, collecting","societies should provide for the use of","electronic means for the structured","communication of that information by","rightholders. Collecting societies should, as","far as possible, ensure that such electronic","means take into account the relevant","industry standards or practices developed","at international level or at the level of the","Union.","",""],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"151","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-152","location":[[" Proposal for a directive","Recital 27"]],"meps":[96945],"meta":{"created":"2019-07-03T05:47:54"},"new":["(27) Digital technology allows the","automated monitoring by collecting","societies of the use by the licensee of the","licensed musical works and facilitates","invoicing. Industry standards for music","usage, sales reporting and invoicing are","instrumental to improve the efficiency in","the exchange of data between collecting","societies and users. The monitoring of the","use of licences should respect fundamental","rights, namely the right to respect of","private and family life and data protection.","To ensure that these efficiency gains result","in faster financial processing and","ultimately in earlier payments to","rightholders, collecting societies should be","required to establish cooperation","procedures among themselves so as to","ensure that each user receives a single","joint invoice and to distribute amounts due","to rightholders without delay. For this","requirement to be effective, it is necessary","that licensees make every effort to provide","collecting societies with accurate and","timely reports on the use of the works.","Collecting societies should not be required","to accept users' reports in proprietary","formats when widely used industry","standards are available."],"old":["(27) Digital technology allows the","automated monitoring by collecting","societies of the use by the licensee of the","licensed musical works and facilitates","invoicing. Industry standards for music","usage, sales reporting and invoicing are","instrumental to improve the efficiency in","the exchange of data between collecting","societies and users. The monitoring of the","use of licences should respect fundamental","rights, namely the right to respect of","private and family life and data protection.","To ensure that these efficiency gains result","in faster financial processing and","ultimately in earlier payments to","rightholders, collecting societies should be","required to invoice service providers and to","distribute amounts due to rightholders","without delay. For this requirement to be","effective, it is necessary that licensees","make every effort to provide collecting","societies with accurate and timely reports","on the use of the works. Collecting","societies should not be required to accept","users' reports in proprietary formats when","widely used industry standards are","available."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"152","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Helga Tr\u00fcpel","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-153","location":[["Proposal for a directive","Recital 28 a (new)"]],"meps":[28240],"meta":{"created":"2019-07-03T05:47:54"},"new":["(28a) While the transparency and","accuracy of repertoire information, timely","and accurate reporting, invoicing and","payments to rightholders are","indispensable for the functioning of","multi-territorial licensing in the internal","market, it is also appropriate to require","that collective management organisations","managing authors' rights in musical","works meet these higher standards with","respect to all other forms of exploitation","of those works and to all types of licences","they provide. However it needs to be","recognised that meeting the standards laid","down for accurate invoicing and","payments to rightholders also require an","improvement in the accuracy of reporting","by users, in particular in the offline","environment. Therefore, collective","management organisations need not","comply with these requirements before","2020."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"153","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Dani\u00ebl van der Stoep","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-154","location":[["Proposal for a directive","Recital 29"]],"meps":[96946],"meta":{"created":"2019-07-03T05:47:54"},"new":["(29) Aggregating of different music","repertoires for multi-territorial licensing","facilitates the licensing process and","contributes to reducing the number of","transactions an online service provider","needs in order to offer that service. That","aggregation of repertoires should facilitate","the development of new online services,","and should also result in a reduction of","transaction costs that are passed on to","consumers. Therefore, collecting societies","that are not willing to or are not able to","grant multi-territorial licences directly in","their own music repertoire should be","encouraged to mandate other collecting","societies voluntarily with the task of","managing their repertoire under non-","discriminatory terms. Where the request to","mandate takes place, the requested","collecting society should be required to","accept, provided that it aggregates","repertoire and offers or grants multi-","territorial licences. In addition, exclusivity","in agreements on multi-territorial licenses","would restrict the choices available to users","seeking multi-territorial licenses and also","restrict the choices available to collecting","societies seeking administration services","for their repertoire on a multi-territorial","basis. Therefore, all representation","agreements between collecting societies","providing for multi-territorial licensing","should be concluded on a non-exclusive","basis."],"old":["(29) Aggregating of different music","repertoires for multi-territorial licensing","facilitates the licensing process and, by","making all repertoires accessible to the","market for multi-territorial licensing,","","enhances cultural diversity and","contributes to reducing the number of","transactions an online service provider","needs in order to offer that service. That","aggregation of repertoires should facilitate","the development of new online services,","and should also result in a reduction of","transaction costs that are passed on to","consumers. Therefore, collecting societies","that are not willing to or are not able to","grant multi-territorial licences directly in","their own music repertoire should be","encouraged to mandate other collecting","societies voluntarily with the task of","managing their repertoire under non-","discriminatory terms. Where the request to","mandate takes place, the requested","collecting society should be required to","accept, provided that it aggregates","repertoire and offers or grants multi-","territorial licences. In addition, exclusivity","in agreements on multi-territorial licenses","would restrict the choices available to users","seeking multi-territorial licenses and also","restrict the choices available to collecting","societies seeking administration services","for their repertoire on a multi-territorial","basis. Therefore, all representation","agreements between collecting societies","providing for multi-territorial licensing","should be concluded on a non-exclusive","basis."],"orig_lang":"nl","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"154","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-155","location":[[" Proposal for a directive","Recital 29"]],"meps":[96945],"meta":{"created":"2019-07-03T05:47:54"},"new":["(29) Aggregating of different music","repertoires for multi-territorial licensing","facilitates the licensing process and, by","making all repertoires accessible to the","market for multi-territorial licensing,","enhances cultural diversity and contributes","to reducing the number of transactions an","online service provider needs in order to","offer that service. That aggregation of","repertoires should facilitate the","development of new online services, and","should also result in a reduction of","transaction costs that are passed on to","consumers. Therefore, collecting societies","that are not willing to or are not able to","grant multi-territorial licences directly in","their own music repertoire should mandate","other collecting societies voluntarily with","the task of managing their repertoire under","non-discriminatory terms. Where the","request to mandate takes place, the","requested collecting society should be","required to accept, provided that it","aggregates repertoire and offers or grants","multi-territorial licences. In addition,","exclusivity in agreements on multi-","territorial licenses would restrict the","choices available to users seeking multi-","territorial licenses and also restrict the","choices available to collecting societies","seeking administration services for their","repertoire on a multi-territorial basis.","Therefore, all representation agreements","between collecting societies providing for","multi-territorial licensing should be","concluded on a non-exclusive basis."],"old":["(29) Aggregating of different music","repertoires for multi-territorial licensing","facilitates the licensing process and, by","making all repertoires accessible to the","","market for multi-territorial licensing,","enhances cultural diversity and contributes","to reducing the number of transactions an","online service provider needs in order to","offer that service. That aggregation of","repertoires should facilitate the","development of new online services, and","should also result in a reduction of","transaction costs that are passed on to","consumers. Therefore, collecting societies","that are not willing to or are not able to","grant multi-territorial licences directly in","their own music repertoire should be","encouraged to mandate other collecting","societies voluntarily with the task of","managing their repertoire under non-","discriminatory terms. Where the request to","mandate takes place, the requested","collecting society should be required to","accept, provided that it aggregates","repertoire and offers or grants multi-","territorial licences. In addition, exclusivity","in agreements on multi-territorial licenses","would restrict the choices available to users","seeking multi-territorial licenses and also","restrict the choices available to collecting","societies seeking administration services","for their repertoire on a multi-territorial","basis. Therefore, all representation","agreements between collecting societies","providing for multi-territorial licensing","should be concluded on a non-exclusive","basis."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"155","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Petra Kammerevert","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-156","location":[["Proposal for a directive","Recital 35"]],"meps":[96837],"meta":{"created":"2019-07-03T05:47:54"},"new":["(35) Broadcasting organisations generally","rely on a blanket licence from a local","collecting society 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 practice","should be retained by this Directive in","order to avoid the application of disparate","legislation on the licensing of offline and","online services 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","works online, or lead to restrictive","practices, such as market or customer","sharing, and must accord with national","and EU law, particularly Articles 101 and","102 of the Treaty on the Functioning of the","European Union."],"old":["(35) Broadcasting organisations generally","rely on a 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 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."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"156","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Piotr Borys, Emma McClarkin","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-157","location":[[" Proposal for a directive","Recital 35"]],"meps":[96799,96919],"meta":{"created":"2019-07-03T05:47:54"},"new":["(35) Broadcasting organisations generally","rely on a licence from a local collective","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."],"old":["(35) Broadcasting organisations generally","rely on a 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 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."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"157","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean-Marie Cavada","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-158","location":[["Proposal for a directive","Recital 35 a (new)"]],"meps":[28206],"meta":{"created":"2019-07-03T05:47:55"},"new":["(35a) Broadcasting organisations","generally rely on a global licence from a","local collective management organisation","for rights to the world repertoire of","musical works, in order to communicate","and make available to the public their","own radio or television programmes and","corresponding online services, such as","content complementing or enhancing","broadcasters\u2019 programmes or broadening","the choice of programmes they offer. This","directive should therefore uphold this","well-established practice in order to avoid","a situation where different rules apply to","licences issued for broadcasters\u2019 online","and offline services. It is therefore","necessary to exempt collection societies","from the provisions of Title III where they","issue licences for broadcasters\u2019 online","services linked to their offline services;","such licences should be issued in","accordance with national and European","Union law, in particular Articles 101 and","102 of the Treaty on the Functioning of","the European Union."],"old":[""],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"158","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-159","location":[[" Proposal for a directive","Recital 37"]],"meps":[96945],"meta":{"created":"2019-07-03T05:47:55"},"new":["(37) Moreover, Member States should","establish appropriate procedures by means","of which it will be possible to make","complaints against collecting societies who","do not comply with the law and to ensure","that, where appropriate, effective,","proportionate and dissuasive measures and","sanctions are imposed. Member States","should determine which authorities should","be responsible for administering the","complaints procedures and sanctions. To","ensure that the requirements for multi-","territorial licensing are complied with,","specific provisions on the monitoring of","their implementation should be laid down.","The competent authorities of the Member","States and the European Commission","should cooperate with each other to this","end."],"old":["(37) Moreover, Member States should","establish appropriate procedures by means","of which it will be possible to make","complaints against collecting societies who","do not comply with the law and to ensure","that, where appropriate, effective,","proportionate and dissuasive sanctions are","imposed. Member States should determine","which authorities should be responsible for","administering the complaints procedures","and sanctions. To ensure that the","requirements for multi-territorial licensing","are complied with, specific provisions on","the monitoring of their implementation","should be laid down. The competent","authorities of the Member States and the","","European Commission should cooperate","with each other to this end."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"159","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean-Marie Cavada","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-160","location":[["Proposal for a directive","Recital 42 a (new)"]],"meps":[28206],"meta":{"created":"2019-07-03T05:47:55"},"new":["(42a) While it is legitimate to recognise","the rightholder\u2019s freedom to enter into,","withdraw from or terminate a rights","management arrangement, it is essential","that this should go hand in hand with","respect for economic imperatives, and for","the nature and quality of the service","provided by the collecting society."],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"160","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Rolandas Paksas","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-161","location":[["Proposal for a directive","Recital 43"]],"meps":[96694],"meta":{"created":"2019-07-03T05:47:55"},"new":["(43) The provisions of this Directive are","without prejudice to the application of","competition law rules, and any other","relevant law in other areas including","confidentiality, in particular with respect","to individual agreements and non-","disclosure agreements, trade secrets,","privacy, access to documents, the law of","contract and private international law","relating to the conflict of laws and the","jurisdiction of courts."],"old":["(43) The provisions of this Directive are","without prejudice to the application of","competition law rules, and any other","relevant law in other areas including","confidentiality, trade secrets, privacy,","access to documents, the law of contract","and private international law relating to the","conflict of laws and the jurisdiction of","courts."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"161","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marie-Th\u00e9r\u00e8se Sanchez-Schmid","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-162","location":[[" Proposal for a directive","Recital 43"]],"meps":[96746],"meta":{"created":"2019-07-03T05:47:55"},"new":["(43) The provisions of this Directive are","without prejudice to the application of","competition law rules, and any other","relevant law in other areas including","confidentiality, respecting in particular","individual non-disclosure agreements","and non-disclosure clauses, trade secrets,","privacy, access to documents, the law of","contract and private international law","relating to the conflict of laws and the","jurisdiction of courts."],"old":["(43) The provisions of this Directive are","without prejudice to the application of","competition law rules, and any other","relevant law in other areas including","confidentiality, trade secrets, privacy,","access to documents, the law of contract","and private international law relating to the","conflict of laws and the jurisdiction of","courts."],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"162","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Rolandas Paksas","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-163","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1"]],"meps":[96694],"meta":{"created":"2019-07-03T05:47:55"},"new":["This Directive lays down requirements","necessary to ensure the proper functioning","of the management of copyright and","related rights by collective management","organisations. It also lays down","requirements for multi-territorial licensing","by collecting societies of authors' rights in","musical works for online use."],"old":["This Directive lays down requirements","necessary to ensure the proper functioning","of the management of copyright and","related rights by collecting societies. It also","lays down requirements for multi-territorial","licensing by collecting societies of authors'","rights in musical works for online use."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"163","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-164","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1"]],"meps":[96945],"meta":{"created":"2019-07-03T05:47:55"},"new":["This Directive lays down requirements","necessary to ensure the proper, efficient,","accurate, accountable and transparent","functioning of the management of","copyright and related rights by collecting","societies. It also lays down requirements","for multi-territorial licensing by collecting","societies of authors' rights in musical","works for online use."],"old":["This Directive lays down requirements","necessary to ensure the proper functioning","of the management of copyright and","related rights by collecting societies. It also","lays down requirements for multi-territorial","licensing by collecting societies of authors'","rights in musical works for online use."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"164","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-165","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 a (new)"]],"meps":[96945],"meta":{"created":"2019-07-03T05:47:55"},"new":["By 2015, all collective management","organisations established in the Union","shall enforce for all forms of exploitation","of works, the highest standards of","transparency on repertoire information,","timely and accurate reporting on","invoicing and payments to rightholders,","as described in Articles 23, 25 and 26 for","all types of licensing they provide."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"165","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Helga Tr\u00fcpel","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-166","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1 a (new)"]],"meps":[28240],"meta":{"created":"2019-07-03T05:47:55"},"new":["Member States shall ensure that by 1","January 2020, all collective management","organisations established in the Union","managing authors' rights in musical","works shall comply with the standards set","out in Articles 23, 24, 25 and 26 with","respect to all forms of exploitation of","musical works."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"166","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Piotr Borys, Emma McClarkin","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-167","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 1"]],"meps":[96799,96919],"meta":{"created":"2019-07-03T05:47:55"},"new":["Titles I, II and IV with the exception of","Articles 36 and 40 shall apply to all","collective management organisations","established in the Union."],"old":["Titles I, II and IV with the exception of","Articles 36 and 40 shall apply to all","collecting societies established in the","Union."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"167","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marie-Th\u00e9r\u00e8se Sanchez-Schmid","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-168","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 1"]],"meps":[96746],"meta":{"created":"2019-07-03T05:47:55"},"new":["Titles I, II, IV and V with the exception of","Articles 36 and 40 shall apply to all","collecting societies established in the","Union."],"old":["Titles I, II and IV with the exception of","Articles 36 and 40 shall apply to all","collecting societies established in the","Union."],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"168","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean-Marie Cavada","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-169","location":[["Proposal for a directive","Article 2 \u2013 paragraph 1"]],"meps":[28206],"meta":{"created":"2019-07-03T05:47:55"},"new":["Titles I, II and IV with the exception of","Articles 36 and 40 shall apply to all","collecting societies established in the","Union and also outside the Union but","providing services in the Union."],"old":["Titles I, II and IV with the exception of","Articles 36 and 40 shall apply to all","collecting societies established in the","Union."],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"169","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marie-Th\u00e9r\u00e8se Sanchez-Schmid","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-170","location":[["Proposal for a directive","Article 2 \u2013 paragraph 1 a (new)"]],"meps":[96746],"meta":{"created":"2019-07-03T05:47:55"},"new":["Articles 13 to 20 shall apply to collecting","societies operating in at least one EU","Member State."],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"170","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marie-Th\u00e9r\u00e8se Sanchez-Schmid","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-171","location":[["Proposal for a directive","Article 2 \u2013 paragraph 1 b (new)"]],"meps":[96746],"meta":{"created":"2019-07-03T05:47:55"},"new":["Chapter 5 \u2018Transparency and Reporting\u2019","in Title II shall apply to all entities","actively engaged in the management of","rights in at least one EU Member State."],"old":["",""],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"171","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sabine Verheyen","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-172","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 1 a (new)"]],"meps":[96756],"meta":{"created":"2019-07-03T05:47:55"},"new":["Title III shall not apply to collecting","societies which distribute licences to","broadcasters in accordance with national","and EU law for their online offers","connected to linear broadcasting."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"172","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sabine Verheyen","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-173","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 1 b (new)"]],"meps":[96756],"meta":{"created":"2019-07-03T05:47:56"},"new":["Titles I, II and IV of this directive shall","apply to all collecting societies established","in the Union. The Member States may","apply Title I, Chapters 2 to 5 of Title II,","and Title IV with the exception of Articles","36 and 40, of this directive to third-","country collecting societies where they","license rights on the territories of the","Member States."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"173","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Piotr Borys, Emma McClarkin","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-174","location":[["Proposal for a directive","Article 2 \u2013 paragraph 2"]],"meps":[96799,96919],"meta":{"created":"2019-07-03T05:47:56"},"new":["Title III and Articles 36 and 40 of Title IV","shall only apply to those collective","management organisations managing","authors' rights in musical works for online","use on a multi-territorial basis."],"old":["Title III and Articles 36 and 40 of Title IV","shall only apply to those collecting","societies managing authors' rights in","musical works for online use on a multi-","territorial basis."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"174","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean-Marie Cavada","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-175","location":[["Proposal for a directive","Article 2 \u2013 paragraph 2"]],"meps":[28206],"meta":{"created":"2019-07-03T05:47:56"},"new":["Title III and Articles 36 and 40 of Title IV","shall only apply to those collecting","societies managing authors' rights in","musical works for online use on a multi-","territorial and multi-repertoire basis."],"old":["Title III and Articles 36 and 40 of Title IV","shall only apply to those collecting","societies managing authors' rights in","musical works for online use on a multi-","territorial basis."],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"175","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Helga Tr\u00fcpel","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-176","justification":" The draft Directive introduces certain requirements for administrative capacity and\n transparency for management of rights in the EU. In a competitive international market\n environment this regulation should not lead to a discrimination of domestic (EU) operators.\n Therefore, certain provisions of the Directive as specified above should be applied to all\n collective management societies operating in the EU, even though they are established\n outside the EU. This should avoid putting EU collecting societies in a disadvantageous\n position vis-\u00e0-vis non-EU entities and help to avoid off-shoring of rights management\n activities outside the EU.","location":[["Proposal for a directive","Article 2 \u2013 paragraph 2 a (new)"]],"meps":[28240],"meta":{"created":"2019-07-03T05:47:56"},"new":["Title I, Articles 13, 14, 15, 17 and 18 of","Title II and Title IV with the exception of","Articles 36 and 40 shall also apply, for","their operations carried out in the Union,","to collecting societies established outside","the Union."],"old":[""],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"176","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Helga Tr\u00fcpel","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-177","justification":" The draft Directive introduces certain requirements for administrative capacity and\n transparency for management of rights in the EU. In a competitive international market\n environment this regulation should not lead to a discrimination of domestic (EU) operators.\n Therefore, certain provisions of the Directive as specified above should be applied to all\n collective management societies operating in the EU, even though they are established\n outside the EU. This should avoid putting EU collecting societies in a disadvantageous\n\n\nposition vis-\u00e0-vis non-EU entities and help to avoid off-shoring of rights management\nactivities outside the EU.","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 2 b (new)"]],"meps":[28240],"meta":{"created":"2019-07-03T05:47:56"},"new":["Title I, Articles 10, 11(1), 12, 15, 16, 18,","19 and 20 of Title II, Title III and Articles","34, 35, 37 and 38 of Title IV shall also","apply to independent rights management","service providers based inside or outside","the Union who act as agents for","rightholders for the management of their","rights and operate in the Union on a","commercial basis."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"177","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sabine Verheyen","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-178","location":[["Proposal for a directive","Article 2 \u2013 paragraph 2 a (new)"]],"meps":[96756],"meta":{"created":"2019-07-03T05:47:56"},"new":["Title I, Articles 10, 11(1), 12, 15, 16, 18,","19 and 20 of Title II, Title III and Articles","34, 35, 37 and 38 of Title IV shall apply to","independent commercial operators which","as its principal or main activity offer","collective rights management services to","holders of copyrights or rights related to","copyright on a commercial basis."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"178","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Piotr Borys","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-179","location":[["Proposal for a directive","Article 2 \u2013 paragraph 2 a (new)"]],"meps":[96799],"meta":{"created":"2019-07-03T05:47:56"},"new":["Titles II, IV, with the exception of Articles","36 and 40, and IVa shall also apply to","entities directly or indirectly owned or","controlled, in whole or in part, by a","collective management organisation","provided that these entities carry out an","activity which, if carried out by a","collective management organisation,","would be subject to these provisions."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"179","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Piotr Borys","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-180","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 2 b (new)"]],"meps":[96799],"meta":{"created":"2019-07-03T05:47:56"},"new":["Articles 16 to 19, 24(1) and 24(2) shall","also apply to any entity other than a","collective management organisation","which manages copyright and related","rights of several rightholders as its sole or","main purpose for the collective benefit of","those rightholders."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"180","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Nadja Hirsch","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-181","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 2 a (new)"]],"meps":[96872],"meta":{"created":"2019-07-03T05:47:56"},"new":["Title II, Articles 10(1), (2) and (3), 11(1),","12, 15, 16, 18, 19 and 20, as well as Title","III and Title IV, Articles 34, 35, 37 and 38","shall also apply to entities owned, in","whole or in part, by a collective rights","management organisation and which","offer or grant multi-territorial licences for","online rights in musical works."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"181","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Petra Kammerevert","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-182","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 2 a (new)"]],"meps":[96837],"meta":{"created":"2019-07-03T05:47:56"},"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."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"182","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Petra Kammerevert","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-183","location":[["Proposal for a directive","Article 2 \u2013 paragraph 2 b (new)"]],"meps":[96837],"meta":{"created":"2019-07-03T05:47:56"},"new":["This Directive shall be without prejudice","to national agreements on extended or","binding collective rights management."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"183","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean-Marie Cavada","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-184","location":[["Proposal for a directive","Article 2 \u2013 paragraph 2 a (new)"]],"meps":[28206],"meta":{"created":"2019-07-03T05:47:56"},"new":["However, Title III shall not apply where","collecting societies, in accordance with","national and Community law, grant","licences for this type of work 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them."],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"185","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean-Marie Cavada, Piotr Borys","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-186","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 2 a (new)"]],"meps":[28206,96799],"meta":{"created":"2019-07-03T05:47:56"},"new":["This Directive shall not affect Member","States' arrangements on extended","collective licences or the mandatory","collective management of exclusive rights","or rights to remuneration."],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"186","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sabine Verheyen","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-187","location":[[" Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point a"]],"meps":[96756],"meta":{"created":"2019-07-03T05:47:56"},"new":["(a) \u2018collective management organisation\u2019","means any non-profit organisation which","is authorised by law or by way of","assignment, licence or any other","contractual arrangement, to collectively","manage and licence specific categories of","works or other protected subject matter, or","specific categories of copyright or rights","related to copyright, on behalf and","account of more than one rightholder as","its sole or main purpose, which is built on","the principle of solidarity among","rightholders and its fiduciary duty to act","in the interest of all rightholders it","represents;"],"old":["(a) \u2018collecting society\u2019 means any","organisation which is authorised by law or","by way of assignment, licence or any 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Rolandas Paksas","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-191","location":[[" Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point a"]],"meps":[96694],"meta":{"created":"2019-07-03T05:47:57"},"new":["(a) \u2018collective management organisation\u2019","means any organisation which is authorised","by law or by way of assignment, licence or","any other contractual arrangement, by a","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;"],"old":["(a) \u2018collecting society\u2019 means any","organisation which is authorised by law or","by way of assignment, licence or any other","contractual arrangement, by more than one","rightholder, to manage copyright or rights","related to copyright as its sole or main","purpose and which is owned or controlled","by its 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Tr\u00fcpel","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-193","justification":" Entities which do not offer collective rights management services, such as record producers\n and publishers, should not be covered by the Directive and should therefore not be included\n in the definition of commercial operators. 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It shall report annually to the","general meeting of members on the","controls it has carried out and any action","it has taken;"],"old":[""],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"200","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Piotr Borys, Emma McClarkin","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-201","location":[["Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point f"]],"meps":[96799,96919],"meta":{"created":"2019-07-03T05:47:57"},"new":["(f) \u2018rights revenue\u2019 means income collected","by a collective management organisation","on behalf of rightholders, whether from an","exclusive right, a right to remuneration or a","right to compensation;"],"old":["(f) \u2018rights revenue\u2019 means income collected","by a collecting society on behalf of","rightholders, whether from an exclusive","right, a right to remuneration or a right to","compensation;"],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"201","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-202","location":[["Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point f"]],"meps":[96945],"meta":{"created":"2019-07-03T05:47:58"},"new":["(f) \u2018rights revenue\u2019 means income collected","by a collecting society on behalf of","rightholders, whether from an exclusive","right, a right to remuneration or a right to","compensation, as well as any financial","revenue, such as interest derived from the","investment of rights revenue;"],"old":["(f) \u2018rights revenue\u2019 means income collected","by a collecting society on behalf of","rightholders, whether from an exclusive","right, a right to remuneration or a right to","compensation;"],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"202","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Piotr Borys, Emma McClarkin","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-203","location":[[" Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point g"]],"meps":[96799,96919],"meta":{"created":"2019-07-03T05:47:58"},"new":["(g) \u2018management fees\u2019 means the amount","deducted by a collective management","organisation from the rights revenues in","order to cover the costs of management of","copyright or related rights;"],"old":["(g) \u2018management fees\u2019 means the amount","charged by a collecting society in order to","cover the costs of its management of","copyright or related rights services;"],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"203","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean-Marie Cavada, Piotr Borys","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-204","location":[[" Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point k"]],"meps":[28206,96799],"meta":{"created":"2019-07-03T05:47:58"},"new":["k) 'multi-territorial licence' means a licence","for an online music service which covers","the territory of more than one Member","State;"],"old":["k) 'multi-territorial licence' means a licence","which covers the territory of more than one","Member State;"],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"204","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Silvia Costa","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-205","location":[[" Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point m"]],"meps":[96917],"meta":{"created":"2019-07-03T05:47:58"},"new":["(m) 'online music service' means an","information society service within the","meaning of Article 1(2) of Directive","98/34/EC which requires the licensing of","musical works in relation to works that","are protected under the applicable","copyright rules."],"old":["(m) 'online music service' means an","information society service within the","meaning of Article 1(2) of Directive","98/34/EC which requires the licensing of","musical works."],"orig_lang":"it","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"205","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sabine Verheyen","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-206","location":[["Proposal for a directive","Article 3 a (new)"]],"meps":[96756],"meta":{"created":"2019-07-03T05:47:58"},"new":["Article 3a","General principle","1. The Member States shall ensure that","collecting societies under their","jurisdiction comply with the provisions of","this directive. For the purposes of this","directive, the jurisdiction of a Member","State shall cover both collecting societies","established in that Member State and","collecting societies which license a","significant proportion of their repertoire","in that Member State.","2. A Member State may require collecting","societies under its jurisdiction or","operating in its territory to comply with","stricter or more detailed rules in the areas","coordinated by this directive, provided","such requirements are compatible with","EU law.","3. In cases where a Member State:","(a) has exercised its freedom under","paragraph 2 to adopt more detailed or","stricter rules of general public interest;","and","(b) comes to the conclusion that a","collecting society under the jurisdiction of","another Member State is carrying out","significant licensing operations on its","territory, it may contact the Member State","having jurisdiction with a view to","achieving a mutually satisfactory solution","to any problems that arise."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"206","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Petra Kammerevert","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-207","location":[[" Proposal for a directive","Article 3 a (new)"]],"meps":[96837],"meta":{"created":"2019-07-03T05:47:58"},"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."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"207","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Petra Kammerevert","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-208","location":[[" Proposal for a directive","Article 3 b (new)"]],"meps":[96837],"meta":{"created":"2019-07-03T05:47:58"},"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."],"old":[""],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"208","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Piotr Borys, Emma McClarkin","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-209","location":[["Proposal for a directive","Article 4 \u2013 paragraph 1"]],"meps":[96799,96919],"meta":{"created":"2019-07-03T05:47:58"},"new":["Member States shall ensure that collective","management organisations act in the best","interest of the 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."],"old":["Member States shall ensure that collecting","societies act in the best interest of their","members and do not impose on","rightholders whose rights they manage","any obligations which are not objectively","necessary for the protection of the rights","and interests of these rightholders."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"209","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-210","location":[["Proposal for a directive","Article 4 \u2013 paragraph 1"]],"meps":[96945],"meta":{"created":"2019-07-03T05:47:58"},"new":["Member States shall ensure that collecting","societies act in the best interest of","rightholders and do not impose on","rightholders whose rights they manage any","obligations which are not objectively","necessary for the protection of their rights","and interests."],"old":["Member States shall ensure that collecting","societies act in the best interest of their","members and do not impose on","rightholders whose rights they manage any","obligations which are not objectively","necessary for the protection of the rights","and interests of these rightholders."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"210","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sabine Verheyen","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-211","location":[[" Proposal for a directive","Article 4 \u2013 paragraph 1"]],"meps":[96756],"meta":{"created":"2019-07-03T05:47:58"},"new":["Member States shall ensure that collecting","societies act in the collective best interest","of their members and do not impose on","rightholders whose rights 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(new)"]],"meps":[96756],"meta":{"created":"2019-07-03T05:47:58"},"new":["Member States shall ensure that","rightholders are free to entrust their","rights to a collective management","organisation and that when they have","decided to do so, this decision prevails","over any presumption of transfer of","rights."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"212","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean-Marie Cavada, Piotr Borys","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-213","location":[["Proposal for a directive","Article 4 \u2013 paragraph 1 a (new)"]],"meps":[28206,96799],"meta":{"created":"2019-07-03T05:47:58"},"new":["This Directive shall not affect Member","States\u2019 provisions on extended collective","licensing, the mandatory collective","management of exclusive rights or rights","to remuneration, the legal presumption of","representation by a collecting society or","the transfer of rights to a society, with due","respect for Community law."],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"213","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Helga Tr\u00fcpel","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-214","location":[["Proposal for a directive","Article 5 \u2013 paragraph 1 a (new)"]],"meps":[28240],"meta":{"created":"2019-07-03T05:47:58"},"new":["1a. This Directive shall not allow to","cherry-pick the most popular and most","successful works for individual","management while leaving the rest that is","more costly to manage and less profitable","to the collective management","organisations."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"214","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Helga Tr\u00fcpel","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-215","location":[["Proposal for a directive","Article 5 \u2013 paragraph 1 b (new)"]],"meps":[28240],"meta":{"created":"2019-07-03T05:47:58"},"new":["1b. It is also important to give more","flexibility to rightholders in the","management of their rights. Therefore","collective management organisations","managing different types of works and","other subject matter, such as literary,","musical or photographic works, should","also allow more flexibility to rightholders","as regards the management of different","types of works and other subject matter on","work-by-work basis management for non-","commercial use. Collective management","organisations shall inform rightholders of","this opportunity and allow them to","exercise it as easily as possible."],"old":[""],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"215","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Helga Tr\u00fcpel","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-216","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 1 c (new)"]],"meps":[28240],"meta":{"created":"2019-07-03T05:47:58"},"new":["1c. The difference between \u2018non-","commercial\u2019 and \u2018commercial\u2019 shall be","defined as follows: If content, protected by","authors' rights, is being offered directly","on an internet site, which acquires","revenues to a non-negligible degree","through donations, for example via","membership contributions, through","payments by clients or via advertisement","through links to other homepages, such","an activity shall be considered to be","commercial."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"216","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Emma McClarkin","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-217","justification":"The term 'categories of rights' is not appropriate as it only holds relevance for music related\nsocieties.","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2"]],"meps":[96919],"meta":{"created":"2019-07-03T05:47:59"},"new":["2. Rightholders may authorise a collecting","management organisation of their choice","to manage the 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 management 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."],"old":["2. Rightholders shall have the right to","authorise a collecting society 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 rightholder."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"217","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sabine Verheyen","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-218","location":[["Proposal for a directive","Article 5 \u2013 paragraph 2"]],"meps":[96756],"meta":{"created":"2019-07-03T05:47:59"},"new":["2. 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Rightholders shall have the right to","authorise a collecting society 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 rightholder."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"218","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Piotr Borys, Jean-Marie Cavada","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-219","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2"]],"meps":[96799,28206],"meta":{"created":"2019-07-03T05:47:59"},"new":["2. 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Rightholders shall have the right to","authorise a collecting society 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 rightholder."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"219","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Lothar Bisky","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-220","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2 a (new)"]],"meps":[96650],"meta":{"created":"2019-07-03T05:47:59"},"new":["2a. Rightholders shall have the right to","manage their own rights, including","categories of rights, works or particular","types of such works, and shall also have","the right to have their rights managed by","a society or association."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"220","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-221","location":[["Proposal for a directive","Article 5 \u2013 paragraph 2 a (new)"]],"meps":[96945],"meta":{"created":"2019-07-03T05:47:59"},"new":["2a. Rightholders shall have the right to","grant free licences for the non-","commercial use of their works and rights.","In this case, rightholders shall inform in","due time the collective management","organisations authorised to manage the","rights of such works that such a free","license has been granted."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"221","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Piotr Borys, R\u00f3\u015ca Gr\u00e4fin von Thun und Hohenstein, Jean-Marie Cavada","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-222","location":[["Proposal for a directive","Article 5 \u2013 paragraph 2 a (new)"]],"meps":[96799,28206],"meta":{"created":"2019-07-03T05:47:59"},"new":["2a. Rightholders shall have the right to","grant licences free of charge for the non-","commercial use of their works and rights.","In this case they shall inform in due time","the relevant collective management","organisations that such a license has been","granted."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"222","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Silvia Costa","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-223","location":[["Proposal for a directive","Article 5 \u2013 paragraph 2 a (new)"]],"meps":[96917],"meta":{"created":"2019-07-03T05:47:59"},"new":["2a. Rightholders may request collecting","societies to grant free licences for the","non-commercial use of their works and","their rights in accordance with","contractual arrangements that have been","approved by those collecting societies."],"orig_lang":"it","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"223","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Emma McClarkin","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-224","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 3"]],"meps":[96919],"meta":{"created":"2019-07-03T05:47:59"},"new":["3. Rightholders shall have the right to","terminate the authorisation to manage the","rights, or types of works and other subject","matter granted to a collecting management","organisation or to withdraw from a","collecting management 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 management","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."],"old":["3. Rightholders shall have the right to","terminate the authorisation to manage","rights, categories of rights or types of","works and other subject matter granted to a","collecting society or to withdraw from a","collecting society any of the rights or","categories of 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 society 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."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"224","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Piotr Borys, Jean-Marie Cavada","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-225","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 3"]],"meps":[96799,28206],"meta":{"created":"2019-07-03T05:47:59"},"new":["3. Rightholders shall have the right to","terminate the authorisation to manage","rights, categories of rights or types of","works and other subject matter granted to a","collective management organisations or to","withdraw from a collective management","organisations any of the rights or","categories of rights or types of works and","other subject matter of their choice, at any","time during the term of the authorisation,","for the Member States of their choice, upon","serving reasonable notice not exceeding six","months. The collective management","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."],"old":["3. 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The collecting society 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."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"225","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean-Marie Cavada","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-226","location":[["Proposal for a directive","Article 5 \u2013 paragraph 3 a (new)"]],"meps":[28206],"meta":{"created":"2019-07-03T05:47:59"},"new":["3 a. Collecting societies shall retain the","ability to lay down rules in their","membership contracts on how to prevent","unconscionable withdrawals."],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"226","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Piotr Borys, Emma McClarkin, Jean-Marie Cavada","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-227","location":[["Proposal for a directive","Article 5 \u2013 paragraph 5"]],"meps":[96799,96919,28206],"meta":{"created":"2019-07-03T05:47:59"},"new":["5. 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Collecting societies 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 society."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"227","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean-Marie Cavada","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-228","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 5"]],"meps":[28206],"meta":{"created":"2019-07-03T05:47:59"},"new":["5. 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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 society to manage and that any","such consent is evidenced in documentary","form."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"229","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean-Marie Cavada, Piotr Borys","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-230","location":[["Proposal for a directive","Article 5 \u2013 paragraph 6"]],"meps":[28206,96799],"meta":{"created":"2019-07-03T05:48:00"},"new":["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 society to manage and that any","such consent is evidenced in documentary","form with the exception of models of non-","voluntary collective management."],"old":["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 society to manage and that any","such consent is evidenced in documentary","form."],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"230","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Morten L\u00f8kkegaard","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-231","location":[["Proposal for a directive","Article 5 \u2013 paragraph 6"]],"meps":[96709],"meta":{"created":"2019-07-03T05:48:00"},"new":["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 society to manage and that any","such consent is evidenced in documentary","form. This paragraph does not apply to","the arrangements in the Member States","concerning the administration of rights","through extended collective licenses, legal","presumptions of representation or","transfer, mandatory collective","management or similar arrangements or a","combination of them."],"old":["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 society to manage and that any","such consent is evidenced in documentary","form."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"231","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marek Henryk Migalski","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-232","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 7 a (new)"]],"meps":[96800],"meta":{"created":"2019-07-03T05:48:00"},"new":["7a. Rightholders shall have the right to","decide to exclude certain of their works","from management by a collecting society.","Information on such works shall be","generally available."],"orig_lang":"pl","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"232","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Lothar Bisky","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-233","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 7 a (new)"]],"meps":[96650],"meta":{"created":"2019-07-03T05:48:00"},"new":["7a. Collective rights management","organisations shall establish social,","cultural or educational services funded","through deductions from rights revenue;","these services shall be open to all","members of such collective rights","management organisations on an equal","footing."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"233","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Lothar Bisky","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-234","location":[["Proposal for a directive","Article 6 \u2013 paragraph 2"]],"meps":[96650],"meta":{"created":"2019-07-03T05:48:00"},"new":["2. Collecting societies shall be required to","manage the rights and entitlements falling","within their field of activity on reasonable","terms, at the request of the rightholders."],"old":["2. 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The representation of the","different categories of members in the","decision-making process shall be fair and","organised on a footing of equality."],"old":["3. The statute of the collecting society","shall provide for appropriate and effective","mechanisms of participation of its","members in the collecting society's","decision-making process. The","representation of the different categories of","members in the decision-making process","","shall be fair and balanced."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"237","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Rolandas Paksas","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-238","location":[["Proposal for a directive","Article 6 \u2013 paragraph 3"]],"meps":[96694],"meta":{"created":"2019-07-03T05:48:00"},"new":["3. 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The","representation of the different categories of","members in the decision-making process","shall be fair and balanced."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"238","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-239","location":[["Proposal for a directive","Article 6 \u2013 paragraph 5"]],"meps":[96945],"meta":{"created":"2019-07-03T05:48:00"},"new":["5. Collecting societies shall keep publicly","accessible records of their members and","their respective rights or works which the","rightholders authorise the collecting","society to manage. The records are","regularly updated so that both members","and their managed rights and works can","be properly identified and located."],"old":["5. 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Where the amounts due to rightholders","cannot be distributed, after five years from","the end of the financial year in which the","collection of the rights revenue occurred,","and provided that the collecting society has","taken all necessary measures to identify","and locate the rightholders, the collecting","society shall decide 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 society."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"301","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Piotr Borys","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-302","location":[["Proposal for a directive","Article 12 \u2013 paragraph 2"]],"meps":[96799],"meta":{"created":"2019-07-03T05:48:04"},"new":["2. Where the amounts due to rightholders","cannot be distributed, after three years","from the end of the financial year in which","the collection of the rights revenue","occurred, and provided that the collecting","society has taken all necessary measures to","identify and locate the rightholders, the","collecting society shall decide 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 society."],"old":["2. Where the amounts due to rightholders","cannot be distributed, after five years from","the end of the financial year in which the","collection of the rights revenue occurred,","and provided that the collecting society has","taken all necessary measures to identify","and locate the rightholders, the collecting","society shall decide 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 society."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"302","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean-Marie Cavada","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-303","location":[["Proposal for a directive","Article 12 \u2013 paragraph 2"]],"meps":[28206],"meta":{"created":"2019-07-03T05:48:04"},"new":["2. Where the amounts due to rightholders","cannot be distributed, after three years","from the end of the financial year in which","the collection of the rights revenue","occurred, and provided that the collecting","society has taken all necessary measures to","identify and locate the rightholders, the","general meeting of members shall decide","on the use of the amounts concerned in","accordance with Article 7(5)(b)."],"old":["2. Where the amounts due to rightholders","cannot be distributed, after five years from","the end of the financial year in which the","collection of the rights revenue occurred,","and provided that the collecting society has","taken all necessary measures to identify","and locate the rightholders, the collecting","society shall decide 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 society."],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"303","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marie-Th\u00e9r\u00e8se Sanchez-Schmid","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-304","location":[[" Proposal for a directive","Article 12 \u2013 paragraph 2"]],"meps":[96746],"meta":{"created":"2019-07-03T05:48:04"},"new":["2. Where the amounts due to rightholders","cannot be distributed, after a period laid","down in the statute of the collecting","society or by the general meeting and","which may not be less than three years","from the end of the financial year in which","the collection of the rights revenue","occurred, and provided that the collecting","society has taken all necessary measures to","identify and locate the rightholders, the","collecting society shall decide on the use of","the amounts concerned in accordance with","Article 7(5)(b) and the applicable law,","without prejudice to the right of the","rightholder to claim such amounts from the","collecting society during the period laid","down by the applicable law."],"old":["2. Where the amounts due to rightholders","cannot be distributed, after five years from","the end of the financial year in which the","collection of the rights revenue occurred,","and provided that the collecting society has","taken all necessary measures to identify","and locate the rightholders, the collecting","society shall decide 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 society."],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"304","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean-Marie Cavada","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-305","location":[[" Proposal for a directive","Article 12 \u2013 paragraph 2 a (new)"]],"meps":[28206],"meta":{"created":"2019-07-03T05:48:04"},"new":["2a. Sums which have not been claimed by","rightholders upon the expiry of a period","which may not exceed three years and","which have not therefore been distributed","must be reinvested in economic or social","measures in the cultural and creative","sector. It shall be for the general meeting,","acting in accordance with Article 7(5)(b),","to determine how these sums shall be","spent. Furthermore, the general meeting","may also decide to earmark some of the","sums collected by the collecting society","each year for measures to support the","creation and dissemination of works,","training, the safeguarding and promotion","of the interests of rightholders and, more","generally, measures to foster cultural and","artistic diversity."],"old":[""],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"305","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marie-Th\u00e9r\u00e8se Sanchez-Schmid","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-306","location":[["Proposal for a directive","Article 12 \u2013 paragraph 3"]],"meps":[96746],"meta":{"created":"2019-07-03T05:48:04"},"new":["3. For the purposes of paragraph 2,","measures to identify and locate","rightholders shall include verifying","membership records and making available","to the members of the collecting society","who are rightholders and to the other","collecting societies a list of works and","other subject matter for which one or more","rightholders have not been identified or","located."],"old":["3. For the purposes of paragraph 2,","measures to identify and locate","rightholders shall include verifying","membership records and making available","to the members of the collecting society as","well as to the public a list of works and","other subject matter for which one or more","rightholders have not been identified or","located."],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"306","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-307","location":[["Proposal for a directive","Article 12 \u2013 paragraph 3"]],"meps":[96945],"meta":{"created":"2019-07-03T05:48:04"},"new":["3. For the purposes of paragraph 2, the","collecting society shall put in place","effective measures to identify and locate","rightholders while ensuring appropriate","safeguards to deter fraud. Such measures","shall include verifying membership records","and making available regularly and at","least annually to the members of the","collecting society as well as to the public a","list of works and other subject matter for","which one or more rightholders have not","been identified or located."],"old":["3. For the purposes of paragraph 2,","measures to identify and locate","rightholders shall include verifying","membership records and making available","","to the members of the collecting society as","well as to the public a list of works and","other subject matter for which one or more","rightholders have not been identified or","located."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"307","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Lothar Bisky","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-308","location":[[" Proposal for a directive","Article 14 \u2013 paragraph 1"]],"meps":[96650],"meta":{"created":"2019-07-03T05:48:04"},"new":["1. After a set period, the collective","management organisation shall not apply","deductions, other than management fees, to","the rights revenue derived from the rights it","manages on the basis of a representation","agreement with another collective","management organisation"],"old":["1. The collecting society shall not apply","deductions, other than management fees, to","the rights revenue derived from the rights it","manages on the basis of a representation","agreement with another collecting society,","unless the other collecting society","expressly consents to such deductions."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"308","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-309","location":[[" Proposal for a directive","Article 14 \u2013 paragraph 2"]],"meps":[96945],"meta":{"created":"2019-07-03T05:48:04"},"new":["2. The collecting society shall regularly,","diligently, accurately and without undue","delay distribute and pay amounts due to","other collecting societies."],"old":["2. The collecting society shall regularly,","diligently and accurately distribute and pay","amounts due to other collecting societies."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"309","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Nadja Hirsch","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-310","location":[["Proposal for a directive","Article 14 \u2013 paragraph 2"]],"meps":[96872],"meta":{"created":"2019-07-03T05:48:04"},"new":["2. The collecting society shall regularly,","diligently, in good time and accurately","distribute and pay amounts due to other","collecting societies."],"old":["2. The collecting society shall regularly,","diligently and accurately distribute and pay","amounts due to other collecting societies."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"310","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sabine Verheyen","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-311","location":[["Proposal for a directive","Article 15 \u2013 paragraph 1 a (new)"]],"meps":[96756],"meta":{"created":"2019-07-03T05:48:04"},"new":["1a. Member States shall ensure that","collecting societies respond to licensing","requests within 14 calendar days and","make an offer to the user within 60","calendar days following receipt of the","request, provided that the collecting","society has received all the information it","needs to make such an offer."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"311","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Nadja Hirsch","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-312","location":[["Proposal for a directive","Article 15 \u2013 paragraph 2 \u2013 subparagraph 1"]],"meps":[96872],"meta":{"created":"2019-07-03T05:48:04"},"new":["Licensing terms shall be based on","objective, non-discriminatory criteria, in","particular in relation to tariffs."],"old":["Licensing terms shall be based on","objective criteria, in particular in relation to","tariffs."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"312","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean-Marie Cavada","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-313","location":[[" Proposal for a directive","Article 15 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meps":[28206],"meta":{"created":"2019-07-03T05:48:04"},"new":["Tariffs for exclusive rights and rights to","fair remuneration must take account of","the need for rightholders to receive","reasonable remuneration, the overall","value of the repertoire of the collecting","society and of the economic benefit which","users obtain from the collective","management of their rights."],"old":["Tariffs for exclusive rights shall reflect the","economic value of the rights in trade and","of the service provided by the collecting","society."],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"313","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Nadja Hirsch","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-314","location":[[" Proposal for a directive","Article 15 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meps":[96872],"meta":{"created":"2019-07-03T05:48:04"},"new":["Tariffs for exclusive rights and rights to","remuneration shall reflect the economic","value of the use of the rights in trade and","the economic value of the service provided","by the collective management","organisation."],"old":["Tariffs for exclusive rights shall reflect the","economic value of the rights in trade and of","the service provided by the collecting","society."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"314","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Nadja Hirsch","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-315","location":[["Proposal for a directive","Article 15 \u2013 paragraph 2 \u2013 subparagraph 3"]],"meps":[96872],"meta":{"created":"2019-07-03T05:48:05"},"new":["deleted"],"old":["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 trade."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"315","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean-Marie Cavada","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-316","location":[["Proposal for a directive","Article 15 \u2013 paragraph 2 \u2013 subparagraph 3"]],"meps":[28206],"meta":{"created":"2019-07-03T05:48:05"},"new":["In the absence of any national law which","establishes the amounts due to rightholders","in respect of a right to compensation, the","collecting society shall base its own","determination of those amounts due, on the","economic value of those rights in trade."],"old":["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 trade."],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"316","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean-Marie Cavada","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-317","location":[["Proposal for a directive","Article 15 \u2013 paragraph 2 \u2013 subparagraph 3 a (new)"]],"meps":[28206],"meta":{"created":"2019-07-03T05:48:05"},"new":["An author or performer may decide to opt","for collective management of a category","of rights even though he or she had","previously agreed to assign those rights."],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"317","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean-Marie Cavada","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-318","location":[[" Proposal for a directive","Article 15 \u2013 paragraph 2 \u2013 subparagraph 3 b (new)"]],"meps":[28206],"meta":{"created":"2019-07-03T05:48:05"},"new":["In order to deter any attempt to defer","payment to collecting societies on the","grounds that the tariffs are being","challenged and to discourage delaying","tactics of any kind, a mechanism shall be","introduced whereby the sums in question","are frozen."],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"318","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean-Marie Cavada","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-319","location":[[" Proposal for a directive","Article 15 \u2013 paragraph 2 \u2013 subparagraph 3 c (new)"]],"meps":[28206],"meta":{"created":"2019-07-03T05:48:05"},"new":["Member States shall ensure that users","forward to collecting societies","declarations concerning the use of the","works and other subject matter, in an","agreed format and by a set deadline, in","such a way as to enable collecting","societies to determine what fees are","applicable and distribute the amounts due","to rightholders in an appropriate manner","consistent with the provisions of this","Directive."],"old":[""],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"319","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean-Marie Cavada","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-320","location":[["Proposal for a directive","Article 15 \u2013 paragraph 2 \u2013 subparagraph 3 d (new)"]],"meps":[28206],"meta":{"created":"2019-07-03T05:48:05"},"new":["If a general tariff applies, or if such a","tariff has been set by a court, Member","States shall ensure that users pay the fees","due to collecting societies by a set","deadline."],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"320","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sabine Verheyen","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-321","location":[["Proposal for a directive","Article 15 \u2013 paragraph 3 a (new)"]],"meps":[96756],"meta":{"created":"2019-07-03T05:48:05"},"new":["3a. Users should report to collective","management organisations on the usage","of works and other subject matter in an","agreed and if possible machine-readable","format, on time and accurately in order to","allow collective management","organisations to determine applicable fees","and to distribute the amounts due to","rightholders accurately and in accordance","with the obligations imposed by this","directive. Where users fail to report to","collective management organisations in a","manner that enables them to make timely","and accurate distributions to individual","rightholders, Member States shall ensure","that collective management organisations","shall be discharged of their obligations","under this Directive related to distribution","of rights revenue to individual","rightholders."],"old":[""],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"321","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sabine Verheyen","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-322","location":[[" Proposal for a directive","Article 15 \u2013 paragraph 3 b (new)"]],"meps":[96756],"meta":{"created":"2019-07-03T05:48:05"},"new":["3b. Users should pay licence fees or","remuneration to the collective","management organisation in a timely","manner whenever there is a generally","applicable or court-determined tariff in","force. Where users fail to pay such licence","fees or remuneration in a timely manner,","Member States shall ensure that collective","management organisations may charge","such users additional fees to cover the","administrative costs caused by the failure","to voluntarily pay the licence fees or","remuneration."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"322","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Piotr Borys, Jean-Marie Cavada","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-323","location":[[" Proposal for a directive","Article 15 a (new)"]],"meps":[96799,28206],"meta":{"created":"2019-07-03T05:48:05"},"new":["Article 15a","Information provided to collective","management organisations","Member States shall ensure that collective","management organisations have the right","to request from users to provide any","information and documents necessary to","determine the nature and scope of the use","of works and other protected subject-","matter they represent, as well as the","amounts of rights revenue. When","necessary, these information and","documents should be provided in an","electronic form allowing for its processing","by the collective management","organisation."],"old":["",""],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"323","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Piotr Borys","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-324","location":[["Proposal for a directive","Article 15 a (new)"]],"meps":[96799],"meta":{"created":"2019-07-03T05:48:05"},"new":["Article 15a","Refusal to grant a license","1. The collective management","organisation shall not, without important","and justified reasons, refuse to grant a","license for the use of works or other","protected subject-matter within the scope","of the repertoire it represents. In","particular, the collective management","organisation shall not refuse to grant a","license, including a multi-territorial","license, for the reasons related to","profitability of such license.","2. When refusing to grant a license, the","collective management organisation shall","inform rightholders it represents, other","collective management organisations on","whose behalf it manages rights under a","representation agreement and the user, of","the reasons of such refusal."],"old":[""],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"324","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-325","justification":"Consistent with draft opinion from IMCO","location":[[" Proposal for a directive","Article 15 a (new)"]],"meps":[96945],"meta":{"created":"2019-07-03T05:48:05"},"new":["Article 15a","Reporting and invoicing","1. Collecting societies shall establish","appropriate 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 societies shall establish a","cooperation procedure among themselves","for the benefit of their rightholders,","members and users. Such a cooperation","procedure shall include at least pooling of","information on the licences issued and the","use of works and other protected subject-","matter in a common database,","coordinated and joint invoicing and","collection of rights revenues.","3. The cooperation procedure referred to","in paragraph 2 shall enable the collecting","societies to coordinate the invoicing of the","users in such a way that a single user","receives a single joint invoice in respect of","the rights in the works and other protected","subject-matter which have been licensed.","The single invoice shall be transparent","and shall identify the collecting societies","concerned, the lists of works and other","protected subject-matter which have been","licensed and the corresponding actual","uses. 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Member States may decide that points","1 (a), (f) and (g) of Annex I shall not","apply to a collecting society which on its","balance sheet date does not exceed the","limits of two of the three following","criteria:","(a) balance sheet total: EUR 350 000;","(b) net turnover: EUR 700 000;","(c) average number of employees during","the financial year: ten."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"355","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sabine Verheyen","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-356","location":[["Proposal for a directive","Article 23 \u2013 paragraph 2 a (new)"]],"meps":[96756],"meta":{"created":"2019-07-03T05:48:07"},"new":["2a. Member States shall promote and","encourage collective management","organisations and commercial operators","to set up an accurate, comprehensive and","updated Global Repertoire Database to","facilitate multi-territorial and multi-","repertoire licensing."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"356","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Nadja Hirsch","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-357","location":[["Proposal for a directive","Article 25 \u2013 paragraph 1"]],"meps":[96872],"meta":{"created":"2019-07-03T05:48:07"},"new":["1. The Member States shall ensure that","the collective management organisation","monitors the use of online rights in","musical works which it represents, in","whole or in part, by online music service","providers to which it has granted a multi-","territorial licence for those rights."],"old":["1. A collecting society shall monitor the","","use of online rights in musical works which","it represents, in whole or in part, by online","music service providers to which it has","granted a multi-territorial licence for those","rights."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"357","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-358","location":[[" Proposal for a directive","Article 25 \u2013 paragraph 2"]],"meps":[96945],"meta":{"created":"2019-07-03T05:48:07"},"new":["2. The collecting society shall offer online","music service providers the possibility of","reporting the actual use of online rights in","musical works, in accordance with Article","15a(1), by electronic means. The collecting","society shall offer the use of a least one","method of reporting which takes into","account voluntary industry standards or","practices developed at international or","Union level for the electronic exchange of","such data. The collecting society may","refuse to accept reporting by the user in a","proprietary format if the society allows for","reporting using an industry standard for the","electronic exchange of data."],"old":["2. The collecting society shall offer online","music service providers the possibility of","reporting the actual use of online rights in","musical works by electronic means. The","collecting society shall offer the use of a","least one method of reporting which takes","into account voluntary industry standards","or practices developed at international or","Union level for the electronic exchange of","such data. The collecting society may","refuse to accept reporting by the user in a","proprietary format if the society allows for","reporting using an industry standard for the","electronic exchange of data."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"358","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Nadja Hirsch","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-359","location":[[" Proposal for a directive","Article 25 \u2013 paragraph 4"]],"meps":[96872],"meta":{"created":"2019-07-03T05:48:07"},"new":["4. The collecting society shall invoice the","online music service provider accurately","and without delay after the actual use of","the online rights in that musical work is","reported fully and in good time in","accordance with Article 12(1a)(new),","except where a delay is attributable to the","online music service provider."],"old":["4. The collecting society shall invoice the","","online music service provider accurately","and without delay after the actual use of","the online rights in that musical work is","reported, except where a delay is","attributable to the online music service","provider."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"359","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-360","location":[["Proposal for a directive","Article 25 \u2013 paragraph 4 a (new)"]],"meps":[96945],"meta":{"created":"2019-07-03T05:48:07"},"new":["4a. For the purposes of paragraphs","3 and 4, the collecting society shall","establish a cooperation procedure with","other collecting societies to ensure that","the online music service provider is issued","a single joint invoice as provided for in","Article 15a."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"360","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-361","location":[["Proposal for a directive","Article 25 \u2013 paragraph 5"]],"meps":[96945],"meta":{"created":"2019-07-03T05:48:07"},"new":["5. The collecting society shall have","adequate procedures in place for the online","music service provider to challenge the","accuracy of the invoice, including when the","online music service provider receives","more than one invoice for the same online","rights in the same musical work."],"old":["5. The collecting society shall have","adequate procedures in place for the online","music service provider to challenge the","accuracy of the invoice, including when the","online music service provider receives","invoices from one or more collecting","societies for the same online rights in the","same musical work."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"361","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Lothar Bisky","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-362","location":[[" Proposal for a directive","Article 26 \u2013 paragraph 4"]],"meps":[96650],"meta":{"created":"2019-07-03T05:48:08"},"new":["4. Where a collective management","organisation mandates another collective","management organisation to grant multi-","territorial licences for the online rights in","musical works under Articles 28 and 29,","the mandated collecting society shall","distribute the amounts referred to in","paragraph 1 and provide the information","referred to in paragraph 2 to the mandating","collecting society, which shall be","responsible for its subsequent distribution","and information to rightholders."],"old":["4. Where a collecting society mandates","another collecting society to grant multi-","territorial licences for the online rights in","musical works under Articles 28 and 29,","the mandated collecting society shall","distribute the amounts referred to in","paragraph 1 and provide the information","referred to in paragraph 2 to the mandating","collecting society, which shall be","responsible for its subsequent distribution","and information to rightholders, unless","they agree otherwise."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"362","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sabine Verheyen","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-363","location":[[" Proposal for a directive","Article 28 \u2013 paragraph 1"]],"meps":[96756],"meta":{"created":"2019-07-03T05:48:08"},"new":["1. Any representation agreement between","collective management organisations","whereby a collective management","organisation mandates another collective","management organisation to grant multi-","territorial licences for the online rights in","musical works in its own music repertoire","shall be of a non-exclusive nature. This","does not preclude the relevant collective","management organisation's right to","entrust a limited number of the other","collective management organisations or","online rights pools to grant multi-","territorial licences for the online rights in","musical works in its own music repertoire,","and to participate in a limited number of","online rights pools."],"old":["1. Any representation agreement between","collecting societies whereby a collecting","society mandates another collecting society","to grant multi-territorial licences for the","online rights in musical works in its own","music repertoire shall be of a non-","exclusive nature. The mandated collecting","society shall manage those online rights","on non-discriminatory terms.",""],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"363","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sabine Verheyen","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-364","location":[["Proposal for a directive","Article 28 \u2013 paragraph 1 a (new)"]],"meps":[96756],"meta":{"created":"2019-07-03T05:48:08"},"new":["1a. The mandated collective management","organisation shall manage those online","rights on non-discriminatory terms."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"364","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sabine Verheyen","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-365","location":[["Proposal for a directive","Article 28 \u2013 paragraph 1 b (new)"]],"meps":[96756],"meta":{"created":"2019-07-03T05:48:08"},"new":["1b. Member States shall promote and","encourage cooperation between collective","management organisations in the fields of","management, administration and","licensing of rights."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"365","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sabine Verheyen","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-366","location":[[" Proposal for a directive","Article 28 \u2013 paragraph 1 c (new)"]],"meps":[96756],"meta":{"created":"2019-07-03T05:48:08"},"new":["1c. Member States shall ensure that","collective management organisations","retain the right to determine","autonomously the conditions, in","particular in relation to tariffs, according","to which they authorize the use of their","repertoire."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"366","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sabine Verheyen","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-367","location":[[" Proposal for a directive","Article 28 \u2013 paragraph 1 d (new)"]],"meps":[96756],"meta":{"created":"2019-07-03T05:48:08"},"new":["1d. Member States shall ensure that","representation agreements and online","rights pools, exchanges of information as","well as other forms of cooperation among","collective management organisations for","the purpose of granting and","administration of multi-territorial and","multi-repertoire licences and/or for the","purpose of establishing mutually","agreeable tariffs and conditions for such","licences are exempted from the","application of competition law provisions","prohibiting agreements and concerted","practices which have the object or effect","of restricting competition."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"367","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Nadja Hirsch","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-368","location":[["Proposal for a directive","Article 28 \u2013 paragraph 2"]],"meps":[96872],"meta":{"created":"2019-07-03T05:48:08"},"new":["2. The mandating collective management","organisation shall inform the rightholders","of the duration of the agreement, the costs","of the services provided by the other","collective management organisation and","any other significant terms of the","agreement."],"old":["2. The mandating collecting society shall","inform its members of the duration of the","agreement, the costs of the services","provided by the other collecting society","and any other significant terms of the","agreement."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"368","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-369","location":[["Proposal for a directive","Article 29 \u2013 paragraph 2 \u2013 subparagraph 1"]],"meps":[96945],"meta":{"created":"2019-07-03T05:48:08"},"new":["The requested collecting society shall","accept such a request within 1 month after","receipt, if it is already granting or offering","to grant multi-territorial licences for the","same category of online rights in musical","works in the repertoire of one or more","other collecting societies."],"old":["The requested collecting society shall","accept such a request if it is already","granting or offering to grant multi-","territorial licences for the same category of","online rights in musical works in the","repertoire of one or more other collecting","societies."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"369","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Nadja Hirsch","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-370","location":[["Proposal for a directive","Article 29 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meps":[96872],"meta":{"created":"2019-07-03T05:48:08"},"new":["The management fee for the service","provided by the requested collecting","society to the requesting society shall not","exceed the costs reasonably incurred by the","requested collecting society in managing","the repertoire of the requesting collecting","society and a normal market profit margin","regarded as economically justifiable by all","parties."],"old":["The management fee for the service","provided by the requested collecting","society to the requesting society shall not","","exceed the costs reasonably incurred by the","requested collecting society in managing","the repertoire of the requesting collecting","society and a reasonable profit margin."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"370","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Lothar Bisky","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-371","location":[[" Proposal for a directive","Article 29 \u2013 paragraph 3"]],"meps":[96650],"meta":{"created":"2019-07-03T05:48:08"},"new":["3. The requesting collective management","organisation shall make available to the","requested collecting society the","information on its own music repertoire","required for the provision of multi-","territorial licences for online rights in","musical works, on the basis of","standardised information categories.","Where information is insufficient or","provided in a form that does not allow the","requested collective management","organisation to meet the requirements of","this Title, the requested collective","management organisation shall be entitled","to charge for the reasonable costs incurred","in meeting such requirements or to exclude","those works for which information is","insufficient or cannot be used."],"old":["3. The requesting collecting society shall","make available to the requested collecting","society the information on its own music","repertoire required for the provision of","multi-territorial licences for online rights in","musical works. Where information is","insufficient or provided in a form that does","not allow the requested collecting society","to meet the requirements of this Title, the","requested collecting society shall be","entitled to charge for the reasonable costs","incurred in meeting such requirements or","to exclude those works for which","information is insufficient or cannot be","used."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"371","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Nadja Hirsch","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-372","location":[[" Proposal for a directive","Article 29 \u2013 paragraph 3"]],"meps":[96872],"meta":{"created":"2019-07-03T05:48:08"},"new":["3. The requesting collective management","organisation shall make available to the","requested collective management","organisation, in electronic form, the","information on its own music repertoire","required for the provision of multi-","territorial licences for online rights in","musical works. Where information is","insufficient or provided in a form that does","not allow the requested collective","management organisation to meet the","requirements of this Title, the requested","collective management organisation shall","be entitled to charge for the reasonable","costs incurred in meeting such","requirements or to exclude those works for","which information is insufficient or cannot","be used."],"old":["3. The requesting collecting society shall","make available to the requested collecting","society the information on its own music","repertoire required for the provision of","multi-territorial licences for online rights in","musical works. Where information is","insufficient or provided in a form that does","not allow the requested collecting society","to meet the requirements of this Title, the","requested collecting society shall be","entitled to charge for the reasonable costs","incurred in meeting such requirements or","to exclude those works for which","information is insufficient or cannot be","used."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"372","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Nadja Hirsch","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-373","location":[["Proposal for a directive","Article 30 \u2013 paragraph 1"]],"meps":[96872],"meta":{"created":"2019-07-03T05:48:08"},"new":["Member States shall ensure that where a","collective management organisation does","not grant or offer to grant multi-territorial","licences in online rights in musical works","or does not allow another collective","management organisation to represent","those rights for such purpose by one year","after the transposition date of this","Directive, rightholders who have","authorised that collective management","organisation to represent their online","rights in musical works can grant multi-","territorial licences in their online rights in","musical works themselves or through any","collective management organisation","complying with the provisions of this Title","or any other party they authorise. The","rightholders shall notify the affected","collective management organisation of","their decision without delay. The","collective management organisation","which does not grant or offer to grant","multi-territorial licences shall continue to","grant or offer to grant licences for the","online rights in musical works of such","rightholders for their use in the territory of","the Member State where the collecting","society is established, unless the","rightholders terminate their authorisation to","manage them."],"old":["Member States shall ensure that where a","collecting society does not grant or offer to","grant multi-territorial licences in online","rights in musical works or does not allow","another collecting society to represent","those rights for such purpose by one year","after the transposition date of this","Directive, rightholders who have","authorised that collecting society to","represent their online rights in musical","works can grant multi-territorial licences in","their online rights in musical works","themselves or through any collecting","society complying with the provisions of","","this Title or any other party they authorise.","The collecting society which does not grant","or offer to grant multi-territorial licences","shall continue to grant or offer to grant","licences for the online rights in musical","works of such rightholders for their use in","the territory of the Member State where the","collecting society is established, unless the","rightholders terminate their authorisation to","manage them."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"373","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Nadja Hirsch","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-374","location":[[" Proposal for a directive","Article 31 \u2013 paragraph 1"]],"meps":[96872],"meta":{"created":"2019-07-03T05:48:09"},"new":["Articles 18(1)(a), 18(1)(c), 19, 20, 22, 23,","24, 25, 26, 27, 32 and 34 to 38 shall also","apply to 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Title shall","not apply to collecting societies which","grant, on the basis of the voluntary","aggregation of the required rights, in","compliance with the competition rules","under Articles 101 and 102 TFEU, a","multi-territorial licence for the online","rights in musical works required by a","broadcaster to communicate or make","available to the public its radio or","television programmes simultaneously","with or after their initial broadcast as well","as any online material produced by the","broadcaster which is ancillary to the","initial broadcast of its radio or television","programme."],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"375","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Petra Kammerevert","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-376","location":[["Proposal for a directive","Article 33"]],"meps":[96837],"meta":{"created":"2019-07-03T05:48:09"},"new":["Article 33 deleted","programmes"],"old":["Derogation for online music rights","required for radio and television","The requirements under this Title shall","not apply to collecting societies which","grant, on the basis of the voluntary","aggregation of the required rights, in","compliance with the competition rules","under Articles 101 and 102 TFEU, a","","multi-territorial licence for the online","rights in musical works required by a","broadcaster to communicate or make","available to the public its radio or","television programmes simultaneously","with or after their initial broadcast as well","as any online material produced by the","broadcaster which is ancillary to the","initial broadcast of its radio or television","programme."],"orig_lang":"de","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"376","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Silvia Costa","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-377","location":[[" Proposal for a directive","Article 33 \u2013 paragraph 1"]],"meps":[96917],"meta":{"created":"2019-07-03T05:48:09"},"new":["The requirements under this Title shall not","apply to collecting societies which grant,","on the basis of the voluntary aggregation of","the required rights, in compliance with the","competition rules under Articles 101 and","102 TFEU, a multi-territorial licence for","the online rights in musical works required","by an audiovisual media service provider","to communicate or make available to the","public its radio or television programmes","simultaneously with or after their initial","broadcast as well as any 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Member States shall ensure that disputes","between collecting societies and users","concerning existing and proposed licensing","conditions, tariffs, and any refusal to grant","a licence can be submitted to a court, and if","appropriate, to an independent and","impartial dispute resolution body."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"381","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-382","location":[["Proposal for a directive","Article 35 \u2013 paragraph 1 a (new)"]],"meps":[96945],"meta":{"created":"2019-07-03T05:48:09"},"new":["1a. The administrative costs of seeking","recourse to such a dispute resolution shall","be reasonable."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"382","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean-Marie Cavada","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-383","location":[["Proposal for a directive","Article 35 \u2013 paragraph 2 a (new)"]],"meps":[28206],"meta":{"created":"2019-07-03T05:48:09"},"new":["2a. Member States shall ensure that if","users challenge the tariffs charged by a","collecting society before a court or an","independent and impartial dispute","resolution body the sums in question are","frozen until such time as the dispute has","been settled."],"orig_lang":"fr","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"383","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Lothar Bisky","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-384","location":[["Proposal for a directive","Article 35 \u2013 paragraph 2 a (new)"]],"meps":[96650],"meta":{"created":"2019-07-03T05:48:09"},"new":["2a. 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The sanctions and","measures shall be effective, proportionate","and dissuasive."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"388","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Helga Tr\u00fcpel","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-389","location":[["Proposal for a directive","Article 38 \u2013 paragraph 1"]],"meps":[28240],"meta":{"created":"2019-07-03T05:48:10"},"new":["1. Member States shall designate","competent authorities which continuously","monitor collective management","organisations established in their","territory. Member States shall provide that","their respective competent authorities may","take appropriate administrative sanctions","and/or measures where the provisions of","the national provisions adopted in the","implementation of this Directive have not","been complied with, and shall ensure that","they are applied. The sanctions and","measures shall be effective, proportionate","and dissuasive."],"old":["1. Member States shall provide that their","respective competent authorities may take","appropriate administrative sanctions and","measures where the provisions of the","national provisions adopted in the","implementation of this Directive have not","been complied with, and shall ensure that","they are applied. The sanctions and","measures shall be effective, proportionate","and dissuasive."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"389","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Piotr Borys, Emma McClarkin","changes":{},"committee":["CULT"],"date":"2013-05-18T00:00:00","id":"PE508.072-390","location":[[" Proposal for a directive","Article 38 \u2013 paragraph 2"]],"meps":[96799,96919],"meta":{"created":"2019-07-03T05:48:10"},"new":["deleted"],"old":["2. Member States shall notify the","Commission of the rules referred to in","paragraph 1 by [date] and shall notify it","without delay of any subsequent","amendment affecting them."],"orig_lang":"en","peid":"PE508.072v01-00","reference":"2012/0180(COD)","seq":"390","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-508.072+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-123","location":[["Draft legislative resolution","Citation 5 a (new)"]],"meps":[28206],"meta":{"created":"2019-07-03T05:49:31"},"new":["Having regard to Directive 2011/77/EU of","the European Parliament and of the","Council of 27 September 2011 amending","Directive 2006/116/EC,"],"orig_lang":"fr","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"123","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-124","location":[["Proposal for a directive","Recital 1"]],"meps":[96945],"meta":{"created":"2019-07-03T05:49:31"},"new":["(1) The directives which have been","adopted in the area of copyright and related","rights already provide a high level of","protection for rightholders and thereby for","a framework where the exploitation of","content protected by these rights can take","place. They contribute to developing and","maintaining creativity, as well as","promoting and safeguarding cultural","diversity. In an internal market where","competition is not distorted, fostering","innovation and intellectual creation also","encourages investment in innovative","services and products."],"old":["(1) The directives which have been","adopted in the area of copyright and related","rights already provide a high level of","protection for rightholders and thereby for","a framework where the exploitation of","content protected by these rights can take","place. They contribute to developing and","maintaining creativity. In an internal","market where competition is not distorted,","protecting innovation and intellectual","creation also encourages investment in","innovative services and products."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"124","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Cecilia Wikstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-332","location":[["Proposal for a directive","Article 8 \u2013 paragraph 1"]],"meps":[96677],"meta":{"created":"2019-07-03T05:49:31"},"new":["1. 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There shall be fair","and balanced representation of the","members of the collecting society in the","body exercising this function in order to","ensure their effective participation."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"332","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Fran\u00e7oise Castex","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-125","location":[[" Proposal for a directive","Recital 2"]],"meps":[28148],"meta":{"created":"2019-07-03T05:49:32"},"new":["(2) The dissemination of content which is","protected by copyright and related rights","and the linked services, including books,","audiovisual productions and recorded","music require the licensing of rights by","different holders of copyright and related","rights, such as authors, performers,","producers and publishers. It is normally for","the rightholders to choose between the","individual or collective management of","their rights, except where national or EU","law has made collective management","compulsory. Management of copyright and","related rights includes the granting of","licences to users, the auditing of licensees","and monitoring of the use of rights, the","enforcement of copyright and related","rights, the collection of rights revenue","derived from the exploitation of rights and","the distribution of the amounts due to","rightholders. Collecting societies enable","rightholders to be remunerated for uses","which they would not be in a position to","control or enforce themselves, including in","non-domestic markets. Moreover, they","have an important social and cultural role","as promoters of the diversity of cultural","expressions by enabling the smallest and","less popular repertoires to access the","market. Article 167 of the Treaty on the","Functioning of the European Union","requires the Union to take cultural aspects","into account in its action, in particular in","order to respect and to promote the","diversity of its cultures."],"old":["(2) The dissemination of content which is","protected by copyright and related rights","and the linked services, including books,","audiovisual productions and recorded","music require the licensing of rights by","different holders of copyright and related","rights, such as authors, performers,","producers and publishers. It is normally for","the rightholders to choose between the","individual or collective management of","their rights. Management of copyright and","related rights includes the granting of","licences to users, the auditing of licensees","and monitoring of the use of rights, the","enforcement of copyright and related","rights, the collection of rights revenue","derived from the exploitation of rights and","the distribution of the amounts due to","rightholders. Collecting societies enable","rightholders to be remunerated for uses","which they would not be in a position to","control or enforce themselves, including in","non-domestic markets. Moreover, they","have an important social and cultural role","as promoters of the diversity of cultural","expressions by enabling the smallest and","less popular repertoires to access the","market. Article 167 of the Treaty on the","Functioning of the European Union","requires the Union to take cultural aspects","into account in its action, in particular in","order to respect and to promote the","diversity of its cultures."],"orig_lang":"fr","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"125","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Christian Engstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-333","justification":" Balance between different categories of members of the CMO.","location":[["Proposal for a directive","Article 8 \u2013 paragraph 1"]],"meps":[96676],"meta":{"created":"2019-07-03T05:49:31"},"new":["1. 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There shall be fair","and balanced representation of the","members of the collecting society in the","body exercising this function in order to","ensure their effective participation."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"333","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-126","location":[["Proposal for a directive","Recital 2"]],"meps":[96945],"meta":{"created":"2019-07-03T05:49:32"},"new":["(2) The dissemination of content which is","protected by copyright and related rights","and the linked services, including books,","audiovisual productions and recorded","music require the licensing of rights by","different holders of copyright and related","rights, such as authors, performers,","producers and publishers. It is normally for","the rightholders to choose between the","individual or collective management of","their rights. Management of copyright and","related rights includes the granting of","licences to users, the auditing of licensees","and monitoring of the use of rights, the","enforcement of copyright and related","rights, the collection of rights revenue","derived from the exploitation of rights and","the distribution of the amounts due to","rightholders. Collective management","organisations enable rightholders to be","remunerated for uses which they would not","be in a position to control or enforce","themselves, including in non-domestic","markets. Moreover, they have an important","social and cultural role as promoters of the","diversity of cultural expressions by","enabling the smallest and less popular","repertoires to access the market. Article","167 of the Treaty on the Functioning of the","European Union requires the Union to take","cultural aspects into account in its action,","in particular in order to respect and to","promote the diversity of its cultures.","(This amendment applies throughout the","text. Adopting it will necessitate","corresponding changes throughout.)"],"old":["(2) The dissemination of content which is","protected by copyright and related rights","and the linked services, including books,","audiovisual productions and recorded","music require the licensing of rights by","different holders of copyright and related","rights, such as authors, performers,","producers and publishers. It is normally for","the rightholders to choose between the","individual or collective management of","their rights. Management of copyright and","related rights includes the granting of","licences to users, the auditing of licensees","and monitoring of the use of rights, the","enforcement of copyright and related","rights, the collection of rights revenue","derived from the exploitation of rights and","the distribution of the amounts due to","rightholders. Collecting societies enable","rightholders to be remunerated for uses","which they would not be in a position to","control or enforce themselves, including in","non-domestic markets. Moreover, they","have an important social and cultural role","as promoters of the diversity of cultural","expressions by enabling the smallest and","less popular repertoires to access the","market. Article 167 of the Treaty on the","Functioning of the European Union","requires the Union to take cultural aspects","into account in its action, in particular in","order to respect and to promote the","diversity of its cultures."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"126","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00f3zsef Sz\u00e1jer","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-127","location":[[" Proposal for a directive","Recital 2"]],"meps":[23821],"meta":{"created":"2019-07-03T05:49:32"},"new":["(2) The dissemination of content which is","protected by copyright and related rights","and the linked services, including books,","audiovisual productions and recorded","music require the licensing of rights by","different holders of copyright and related","rights, such as authors, performers,","producers and publishers. With the","exception of compulsory collective","management, it is normally for the","rightholders to choose between the","individual or collective management of","their rights. Management of copyright and","related rights includes the granting of","licences to users, the auditing of licensees","and monitoring of the use of rights, the","enforcement of copyright and related","rights, the collection of rights revenue","derived from the exploitation of rights and","the distribution of the amounts due to","rightholders. Collecting societies enable","rightholders to be remunerated for uses","which they would not be in a position to","control or enforce themselves, including in","non-domestic markets. Moreover, they","have an important social and cultural role","as promoters of the diversity of cultural","expressions by enabling the smallest and","less popular repertoires to access the","market. Article 167 of the Treaty on the","Functioning of the European Union","requires the Union to take cultural aspects","into account in its action, in particular in","order to respect and to promote the","diversity of its cultures."],"old":["(2) The dissemination of content which is","protected by copyright and related rights","and the linked services, including books,","audiovisual productions and recorded","music require the licensing of rights by","different holders of copyright and related","rights, such as authors, performers,","producers and publishers. It is normally for","the rightholders to choose between the","individual or collective management of","their rights. Management of copyright and","related rights includes the granting of","licences to users, the auditing of licensees","and monitoring of the use of rights, the","enforcement of copyright and related","rights, the collection of rights revenue","derived from the exploitation of rights and","the distribution of the amounts due to","rightholders. Collecting societies enable","rightholders to be remunerated for uses","which they would not be in a position to","control or enforce themselves, including in","non-domestic markets. Moreover, they","have an important social and cultural role","as promoters of the diversity of cultural","expressions by enabling the smallest and","less popular repertoires to access the","market. Article 167 of the Treaty on the","Functioning of the European Union","requires the Union to take cultural aspects","into account in its action, in particular in","order to respect and to promote the","diversity of its cultures."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"127","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Tadeusz Zwiefka, Piotr Borys, Lidia Joanna Geringer de Oedenberg","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-334","location":[[" Proposal for a directive","Article 8 \u2013 paragraph 1"]],"meps":[28301,96799,28377],"meta":{"created":"2019-07-03T05:49:31"},"new":["1. Member States shall ensure that the","collective management organisation","establishes a supervisory function","responsible for continuously monitoring","the activities and the performance of the","duties of the persons entrusted with","managerial responsibilities in the collective","management organisation. There shall be","fair and balanced representation of the","members of the collective management","organisation in the body exercising this","function in order to ensure their effective","participation."],"old":["1. Member States shall ensure that the","collecting society establishes a supervisory","function responsible for continuously","monitoring the activities and the","performance of the duties of the persons","entrusted with managerial responsibilities","in the collecting society. There shall be fair","and balanced representation of the","members of the collecting society in the","body exercising this function in order to","ensure their effective participation."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"334","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-128","location":[["Proposal for a directive","Recital 2 a (new)"]],"meps":[96945],"meta":{"created":"2019-07-03T05:49:32"},"new":["(2a) It is essential to create a level playing","field for fair competition in copyright","management and economic interest of","rightholders. In this regard this Directive","reflects the specific role of collective","management organisations for","rightholders and users alike and brings","precision and adjustments to the rules","governing the free movement of services."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"128","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Fran\u00e7oise Castex","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-129","location":[["Proposal for a directive","Recital 2 a (new)"]],"meps":[28148],"meta":{"created":"2019-07-03T05:49:32"},"new":["(2a) Authors and performers are the","original creators of the works protected by","authors' rights and related rights and thus","the original rightholders. However, they","experience difficulties in retaining their","rights as they are the weakest negotiating","parties in contracts defining the","exploitation of their works and","performances. They are forced in many","circumstances to transfer their rights in","exchange of no or little money which does","not take into account the future","exploitation of their rights. The","negotiation of authors and performers'","remuneration by a collective management","organization overcomes their weak","individual negotiating power and ensures","that they receive equitable remuneration","for the exploitation of their rights.","Member States should therefore ensure","that authors and performers receive an","equitable remuneration for the","exploitation of their works and","performances. It should not be possible to","waive this remuneration as it ensures","their livelihood. Authors and performers","should not be prevented from entrusting","their rights to a collective management","organization and in the absence of any","written proof their decision should prevail","over any presumption of transfer of","rights."],"old":[""],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"129","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Fran\u00e7oise Castex","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-130","location":[[" Proposal for a directive","Recital 2 b (new)"]],"meps":[28148],"meta":{"created":"2019-07-03T05:49:32"},"new":["(2b) Collective management of copyright","and related rights is a tool for the future","as it ensures accessibility to works, legal","certainty for all parties and equitable","remuneration for rightholders. An","unwaivable right to remuneration for","authors and performers for all forms of","exploitation of their works, in particular","in the online environment, entrusted to","collective management organisations","would guarantee them equitable","remuneration throughout the EU and","would advance the internal market for","European creativity and culture."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"130","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Silvia-Adriana \u0142ic\u0103u","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-335","location":[["Proposal for a directive","Article 8 \u2013 paragraph 2"]],"meps":[36281],"meta":{"created":"2019-07-03T05:49:32"},"new":["deleted"],"old":["2. The body entrusted with the supervisory","function shall meet regularly and shall","have at least the following powers:","(a) to approve any acquisition of","immovable property by the collecting","society;","(b) to approve the setting-up of","subsidiaries, acquisitions of other entities,","acquisitions of shares or rights in other","entities, mergers and alliances;","(c) to approve the taking-out of loans,","granting of loans and provision of","security or guarantee for loans."],"orig_lang":"ro","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"335","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00f3zsef Sz\u00e1jer","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-131","location":[["Proposal for a directive","Recital 3"]],"meps":[23821],"meta":{"created":"2019-07-03T05:49:32"},"new":["deleted"],"old":["(3) When established in the Union,","collecting societies \u2013 as service providers","\u2013 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 societies 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."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"131","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Cecilia Wikstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-132","location":[["Proposal for a directive","Recital 3"]],"meps":[96677],"meta":{"created":"2019-07-03T05:49:32"},"new":["(3) Collective management organisations","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."],"old":["(3) When established in the Union,","collecting societies \u2013 as service providers","\u2013 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 societies 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."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"132","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Christian Engstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-336","justification":" A requirement to meet \u2018regularly\u2019 is too vague and should therefore be defined more clearly.","location":[["Proposal for a directive","Article 8 \u2013 paragraph 2 \u2013 introductory part"]],"meps":[96676],"meta":{"created":"2019-07-03T05:49:32"},"new":["2. The body entrusted with the supervisory","function shall meet no less than every","three months and shall have at least the","following powers:"],"old":["2. The body entrusted with the supervisory","function shall meet regularly and shall","have at least the following powers:"],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"336","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Lidia Joanna Geringer de Oedenberg","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-133","location":[[" Proposal for a directive","Recital 3"]],"meps":[28377],"meta":{"created":"2019-07-03T05:49:32"},"new":["(3) When established or operating in the","Union, collecting societies \u2013 as service","providers \u2013 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","societies 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."],"old":["(3) When established in the Union,","collecting societies \u2013 as service providers \u2013","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","societies 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."],"orig_lang":"pl","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"133","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Silvia-Adriana \u0142ic\u0103u","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-337","location":[[" Proposal for a directive","Article 8 \u2013 paragraph 2 \u2013 point a"]],"meps":[36281],"meta":{"created":"2019-07-03T05:49:32"},"new":["deleted"],"old":["(a) to approve any acquisition of","immovable property by the collecting","society;"],"orig_lang":"ro","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"337","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Pawe\u0142 Zalewski","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-134","location":[[" Proposal for a directive","Recital 3"]],"meps":[96777],"meta":{"created":"2019-07-03T05:49:32"},"new":["(3) When established in the Union,","collecting societies \u2013 as service providers \u2013","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 Whereas","this Directive seeks to create a legal","framework for ensuring the freedom of","establishment and the free movement of","services between the Member States, it","also introduces a derogation from the","freedom to provide services across borders","in relation to intellectual property rights,","which applies to services provided by","collecting societies. This implies that","collecting societies should be free to","provide their services in other Member","States as long as they comply with the","national requirements of these Member","States, including with authorization","schemes. Such authorizations to be","granted on non-discriminatory basis, in","particular such authorisations should be","granted as a matter of formality to","renowned and well-established collective","management organisations, already in","operations in Member States."],"old":["(3) When established in the Union,","collecting societies \u2013 as service providers \u2013","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","societies 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."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"134","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Cecilia Wikstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-338","justification":" Moved from Article 8(2) to 7(5).","location":[[" Proposal for a directive","Article 8 \u2013 paragraph 2 \u2013 point a"]],"meps":[96677],"meta":{"created":"2019-07-03T05:49:32"},"new":["deleted"],"old":["(a) to approve any acquisition of","immovable property by the collecting","society;"],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"338","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-135","location":[["Proposal for a directive","Recital 3"]],"meps":[96945],"meta":{"created":"2019-07-03T05:49:32"},"new":["(3) When established in the Union,","collecting societies \u2013 as service providers \u2013","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. In this context, reminds","that the derogation in article 17(11) for","intellectual property rights from the","principle of freedom to provide","crossborder services without unjustified","restrictions, covers the rights as such","(existence of the right, scope and","exceptions, duration, etc.) and it does not","concern services linked to the","management of such rights, such as those","provided by collective management","organisations. This implies that collecting","societies 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."],"old":["(3) When established in the Union,","collecting societies \u2013 as service providers \u2013","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","societies 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."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"135","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Silvia-Adriana \u0142ic\u0103u","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-339","location":[[" Proposal for a directive","Article 8 \u2013 paragraph 2 \u2013 point b"]],"meps":[36281],"meta":{"created":"2019-07-03T05:49:32"},"new":["deleted"],"old":["(b) to approve the setting-up of","subsidiaries, acquisitions of other entities,","acquisitions of shares or rights in other","entities, mergers and alliances;"],"orig_lang":"ro","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"339","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Christian Engstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-136","justification":"This addition reflects the Commission's interpretation of the derogation for intellectual\nproperty rights as explained in the Commission's \"Handbook on implementation of the\nServices Directive\", http://ec.europa.eu/internal_market/services/docs/services-\ndir/guides/handbook_en.pdf , p. 40","location":[[" Proposal for a directive","Recital 3"]],"meps":[96676],"meta":{"created":"2019-07-03T05:49:32"},"new":["(3) When established in the Union,","collective management organisations \u2013 as","service providers \u2013 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. They are in particular not","covered by the derogation provided in","Article 17(11) in respect of copyright","which relates to the rights as such","(existence of the right, scope and","exceptions, duration, etc) and does not","concern services linked to the","management of such rights, such as those","provided by collective management","organisations. This implies that collective","management organisations 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."],"old":["(3) When established in the Union,","collecting societies \u2013 as service providers \u2013","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 societies 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."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"136","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Cecilia Wikstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-340","justification":"Moved from Article 8(2) to 7(5).","location":[["Proposal for a directive","Article 8 \u2013 paragraph 2 \u2013 point b"]],"meps":[96677],"meta":{"created":"2019-07-03T05:49:32"},"new":["deleted"],"old":["(b) to approve the setting-up of","subsidiaries, acquisitions of other entities,","acquisitions of shares or rights in other","entities, mergers and alliances;"],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"340","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Fran\u00e7oise Castex","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-137","location":[["Proposal for a directive","Recital 4"]],"meps":[28148],"meta":{"created":"2019-07-03T05:49:32"},"new":["(4) There are significant differences in the","national rules governing the functioning of","collecting societies, in particular as regards","their transparency and accountability","towards their members and rightholders.","Beyond the difficulties non-domestic","rightholders face when exercising their","rights, problems with the functioning of","collecting societies may arise, leading to","inefficiencies in the exploitation of","copyright and related rights across the","internal market to the detriment of the","members of collecting societies,","rightholders and users alike."],"old":["(4) There are significant differences in the","national rules governing the functioning of","collecting societies, in particular as regards","their transparency and accountability","towards their members and rightholders.","Beyond the difficulties non-domestic","rightholders face when exercising their","rights and the too often poor financial","management of the revenues collected,","problems with the functioning of collecting","societies lead to inefficiencies in the","exploitation of copyright and related rights","","across the internal market to the detriment","of the members of collecting societies,","rightholders and users alike. These","difficulties do not arise in the functioning","of independent rights management service","providers who act as agents for","rightholders for the management of their","rights on a commercial basis and in which","rightholders do not exercise membership","rights."],"orig_lang":"fr","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"137","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Silvia-Adriana \u0142ic\u0103u","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-341","location":[["Proposal for a directive","Article 8 \u2013 paragraph 2 \u2013 point c"]],"meps":[36281],"meta":{"created":"2019-07-03T05:49:32"},"new":["deleted"],"old":["(c) to approve the taking-out of loans,","granting of loans and provision of","security or guarantee for loans."],"orig_lang":"ro","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"341","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00f3zsef Sz\u00e1jer","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-138","location":[[" Proposal for a directive","Recital 4"]],"meps":[23821],"meta":{"created":"2019-07-03T05:49:32"},"new":["(4) There are significant differences in the","national rules governing the functioning of","collecting societies, in particular as regards","their transparency and accountability","towards their members and rightholders.","Beyond the difficulties non-domestic","rightholders face when exercising their","rights and the too often poor financial","management of the revenues collected,","problems with the functioning of collecting","societies lead to inefficiencies in the","exploitation of copyright and related rights","across the internal market to the detriment","of the members of collecting societies,","rightholders and users alike. These","difficulties do not arise in the functioning","of independent rights managers who act as","agents for rightholders for the management","of their rights on a commercial basis and in","which rightholders do not exercise","membership rights."],"old":["(4) There are significant differences in the","national rules governing the functioning of","collecting societies, in particular as regards","their transparency and accountability","towards their members and rightholders.","Beyond the difficulties non-domestic","rightholders face when exercising their","rights and the too often poor financial","management of the revenues collected,","problems with the functioning of collecting","societies lead to inefficiencies in the","exploitation of copyright and related rights","across the internal market to the detriment","of the members of collecting societies,","rightholders and users alike. These","difficulties do not arise in the functioning","of independent rights management service","providers who act as agents for","rightholders for the management of their","rights on a commercial basis and in which","rightholders do not exercise membership","rights."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"138","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Cecilia Wikstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-342","justification":" Moved from Article 8(2) to 7(5).","location":[[" Proposal for a directive","Article 8 \u2013 paragraph 2 \u2013 point c"]],"meps":[96677],"meta":{"created":"2019-07-03T05:49:32"},"new":["deleted"],"old":["(c) to approve the taking-out of loans,","granting of loans and provision of","security or guarantee for loans."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"342","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-139","location":[["Proposal for a directive","Recital 4"]],"meps":[96945],"meta":{"created":"2019-07-03T05:49:33"},"new":["(4) There are significant differences in the","national rules governing the functioning of","collecting societies, in particular as regards","their transparency and accountability","towards their members, rightholders and","users. Beyond the difficulties non-","domestic rightholders face when exercising","their rights and the too often poor financial","management of the revenues collected,","problems with the functioning of collecting","societies lead to inefficiencies in the","exploitation of copyright and related rights","across the internal market to the detriment","of the members of collecting societies,","rightholders and users alike."],"old":["(4) There are significant differences in the","national rules governing the functioning of","collecting societies, in particular as regards","their transparency and accountability","towards their members and rightholders.","Beyond the difficulties non-domestic","rightholders face when exercising their","rights and the too often poor financial","management of the revenues collected,","problems with the functioning of collecting","societies lead to inefficiencies in the","exploitation of copyright and related rights","across the internal market to the detriment","of the members of collecting societies,","rightholders and users alike. These","difficulties do not arise in the functioning","of independent rights management service","providers who act as agents for","rightholders for the management of their","rights on a commercial basis and in which","rightholders do not exercise membership","rights."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"139","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Cecilia Wikstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-343","location":[[" Proposal for a directive","Article 8 \u2013 paragraph 2 \u2013 point c a (new)"]],"meps":[96677],"meta":{"created":"2019-07-03T05:49:32"},"new":["(ca) to exercise the powers delegated","under Article 7(4) and (5);"],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"343","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00f3zsef Sz\u00e1jer","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-140","location":[["Proposal for a directive","Recital 7 a (new)"]],"meps":[23821],"meta":{"created":"2019-07-03T05:49:33"},"new":["(7a) This Directive constitutes a","'minimum harmonisation' legal","instrument and Member States may","impose stricter or more detailed","requirements on collective management","organisations than those laid down in this","Directive."],"old":[""],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"140","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Cecilia Wikstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-344","location":[[" Proposal for a directive","Article 8 \u2013 paragraph 2 \u2013 point c b (new)"]],"meps":[96677],"meta":{"created":"2019-07-03T05:49:32"},"new":["(cb) to monitor the activities and the","performance of the duties of the persons","referred to in Article 9, including the","implementation of the decisions of the","general meeting of members and in","particular, of the general policies listed in","Article 7(5) points (a) to (d)."],"old":[""],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"344","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sebastian Valentin Bodu","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-141","justification":" A collecting society should cover all non-profit organisations whose main activity is the\n collection and distribution of licence fees or remuneration on behalf of more than one right\n holder, regardless of how their ownership or control is organised. The collecting societies\n which do not have \u201cmembers\u201d as such, might not be covered. This aims to ensure that all\n collecting societies controlled by right holders are covered by the definition. In order to avoid\n any ambiguity, it should be made clear that entities such as record or film companies which\n receive assignment of rights from other right holders are not covered by the Directive.","location":[[" Proposal for a directive","Recital 7 a (new)"]],"meps":[39722],"meta":{"created":"2019-07-03T05:49:33"},"new":["(7a) In this Directive, collecting societies","cover non-profit organisations authorised","by more than one rightholder to manage","copyright or related rights as their main","activity and which are owned or directly","or indirectly controlled by rightholders.","Individual companies who in the normal","course of their business are engaged in","the production of content or licensing of","rights on a commercial basis (such as","music publishers, book publishers or","music companies) are not covered by this","Directive."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"141","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-345","location":[["Proposal for a directive","Article 8 \u2013 paragraph 2 a (new)"]],"meps":[96945],"meta":{"created":"2019-07-03T05:49:32"},"new":["2a. The body entrusted with the","supervisory function shall report on the","exercise of its responsibilities to the","general meeting provided for in Article 7."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"345","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Eija-Riitta Korhola, Sirpa Pietik\u00e4inen","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-142","justification":"It must be reassured that the provisions of the Directive do not affect the functioning of\nlicensing arrangements based on enumerated legal operations. Consequently, all activities of\nthe CMOs, including those that are based on the aforementioned legal operations, fall within\nthe scope of application of the Directive. This is further emphasised by the fact that a\nreference to CMOs is made.","location":[["Proposal for a directive","Recital 7 a (new)"]],"meps":[4260,40599],"meta":{"created":"2019-07-03T05:49:33"},"new":["(7a) This Directive is without prejudice to","the arrangements concerning the","management of rights by the collective","management organisations, such as","extended collective licensing, mandatory","collective management and legal","presumptions of representation or","transfer of rights."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"142","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Cecilia Wikstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-346","location":[["Proposal for a directive","Article 8 \u2013 paragraph 3"]],"meps":[96677],"meta":{"created":"2019-07-03T05:49:32"},"new":["deleted"],"old":["3. Member States may decide that","paragraphs 1 and 2 shall not apply to a","collecting society which on its balance","sheet date does not exceed the limits of","two of the three following criteria:","(a) balance sheet total: EUR 350 000;","(b) net turnover: EUR 700 000;","(c) average number of employees during","the financial year: ten."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"346","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Eija-Riitta Korhola, Sirpa Pietik\u00e4inen","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-143","justification":" It is imperative that the Directive shall not have a negative effect on established modes of\n governance and functioning internal practices of CMOs based on applicable national law.\n This goal has been endorsed by several actors, including the Commission itself.","location":[["Proposal for a directive","Recital 7 b (new)"]],"meps":[4260,40599],"meta":{"created":"2019-07-03T05:49:33"},"new":["(7b) This Directive is without prejudice to","the legal form chosen traditionally by","Member States for the operation of","collective management organisations. The","Member States should not be required to","change the legal form of these","organisations. The provisions of the","Directive are without prejudice to","rightholders' freedom of association and","their right to organise themselves."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"143","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Christian Engstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-347","justification":" Big or small, all collective management organisations are handling other people\u2019s money,\n and need to live up to appropriate standards on transparency and accountability. If they are\n currently unable to do this, they need to improve their functioning.","location":[[" Proposal for a directive","Article 8 \u2013 paragraph 3"]],"meps":[96676],"meta":{"created":"2019-07-03T05:49:32"},"new":["deleted"],"old":["3. Member States may decide that","paragraphs 1 and 2 shall not apply to a","collecting society which on its balance","sheet date does not exceed the limits of","two of the three following criteria:","(a) balance sheet total: EUR 350 000;","(b) net turnover: EUR 700 000;","(c) average number of employees during","the financial year: ten."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"347","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Pawe\u0142 Zalewski","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-348","location":[[" Proposal for a directive","Article 8 \u2013 paragraph 3"]],"meps":[96777],"meta":{"created":"2019-07-03T05:49:32"},"new":["deleted"],"old":["3. Member States may decide that","paragraphs 1 and 2 shall not apply to a","collecting society which on its balance","sheet date does not exceed the limits of","two of the three following criteria:","(a) balance sheet total: EUR 350 000;","(b) net turnover: EUR 700 000;","(c) average number of employees during","","","the financial year: ten."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"348","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00f3zsef Sz\u00e1jer","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-144","location":[[" Proposal for a directive","Recital 7 b (new)"]],"meps":[23821],"meta":{"created":"2019-07-03T05:49:33"},"new":["(7b) This Directive does not affect the","possibility for Member States to impose a","requirement for the representativeness of","the collective management organization."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"144","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-349","location":[["Proposal for a directive","Article 8 \u2013 paragraph 3"]],"meps":[96945],"meta":{"created":"2019-07-03T05:49:32"},"new":["deleted"],"old":["3. Member States may decide that","paragraphs 1 and 2 shall not apply to a","collecting society which on its balance","sheet date does not exceed the limits of","two of the three following criteria:","(a) balance sheet total: EUR 350 000;","(b) net turnover: EUR 700 000;","(c) average number of employees during","the financial year: ten."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"349","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Eija-Riitta Korhola, Sirpa Pietik\u00e4inen","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-145","justification":" The scope of the Directive should be extended to cover not only CMOs that are established in\n\nthe EU, but also non-EU collecting societies. Otherwise, the Directive risks creating an\nuneven playing field. Interfering with national legislation of non-EU CMOs is not possible,\nbut provisions on transparency, licensing, tariffs and distribution of revenue should apply to\nthem.","location":[[" Proposal for a directive","Recital 7 c (new)"]],"meps":[4260,40599],"meta":{"created":"2019-07-03T05:49:33"},"new":["(7c) Titles I, II and IV of this Directive","shall apply to all collective management","organisations established in the Union.","Member States may extend the application","of this Directive to Title I, chapters 2 to 5","of Title II and Title IV with the exception","of Articles 36 and 40 to non-EU collecting","societies licensing the use of rights in","their territory."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"145","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Evelyn Regner","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-350","location":[["Proposal for a directive","Article 8 \u2013 paragraph 3"]],"meps":[96998],"meta":{"created":"2019-07-03T05:49:32"},"new":["deleted"],"old":["3. Member States may decide that","paragraphs 1 and 2 shall not apply to a","collecting society which on its balance","sheet date does not exceed the limits of","two of the three following criteria:","a) balance sheet total: 350 000 EUR,","b) net turnover: 700 000 EUR,","c) average number of employees during","the financial year: ten."],"orig_lang":"de","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"350","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Silvia-Adriana \u0142ic\u0103u","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-351","location":[[" Proposal for a directive","Article 9 \u2013 title"]],"meps":[36281],"meta":{"created":"2019-07-03T05:49:32"},"new":["Obligations of the persons who effectively","manage the business of the collecting","society and those exercising the","supervisory function"],"old":["Obligations of the persons who effectively","manage the business of the collecting","society"],"orig_lang":"ro","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"351","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Eija-Riitta Korhola, Sirpa Pietik\u00e4inen","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-146","justification":"The Directive should cover all CMOs regardless of how their ownership or control is\norganised.","location":[["Proposal for a directive","Recital 7 d (new)"]],"meps":[4260,40599],"meta":{"created":"2019-07-03T05:49:33"},"new":["(7d) In this Directive, collective","management organisations cover non-","profit organisations authorised by more","than one rightholder to manage copyright","or related rights as their main activity and","which are owned or directly or indirectly","controlled by rightholders. Individual","companies who in the normal course of","their business are engaged in the","production of content or licensing of","rights on a commercial basis (such as","music publishers, book publishers or","music companies) are not covered by this","Directive"],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"146","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Cecilia Wikstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-352","location":[[" Proposal for a directive","Article 9 \u2013 paragraph 1"]],"meps":[96677],"meta":{"created":"2019-07-03T05:49:33"},"new":["1. Member States shall ensure that a","collective management organisation puts","in place and applies procedures to ensure","that the persons who manage the business","of the collective management organisation","do so in a sound, prudent and appropriate","manner, using sound administrative and","accounting procedures and internal control","mechanisms."],"old":["1. Member States shall ensure that the","persons who effectively manage the","business of a collecting society and its","directors, with the exception of the","directors exercising supervisory function,","manage the collecting society in a sound","and prudent manner, using sound","administrative and accounting procedures","and internal control mechanisms."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"352","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Cecilia Wikstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-147","location":[["Proposal for a directive","Recital 8"]],"meps":[96677],"meta":{"created":"2019-07-03T05:49:33"},"new":["(8) In order to ensure that holders of","copyright and related rights can fully","benefit from the internal market when their","rights are being managed collectively and","that their freedom to exercise their rights is","not unduly affected, it is necessary to","provide for the inclusion of appropriate","safeguards in the constituting documents of","collective management organisations.","Collective management organisations","should not discriminate, directly or","indirectly, between rightholders on the","basis of their nationality, place of residence","or place of establishment when providing","their management services."],"old":["(8) In order to ensure that holders of","","copyright and related rights can fully","benefit from the internal market when their","rights are being managed collectively and","that their freedom to exercise their rights is","not unduly affected, it is necessary to","provide for the inclusion of appropriate","safeguards in the constituting documents of","collecting societies. Moreover, in","accordance with Directive 2006/123/EC","collecting societies should not","discriminate, directly or indirectly,","between rightholders on the basis of their","nationality, place of residence or place of","establishment when providing their","management services."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"147","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Silvia-Adriana \u0142ic\u0103u","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-353","location":[[" Proposal for a directive","Article 9 \u2013 paragraph 2 \u2013 subparagraph 1"]],"meps":[36281],"meta":{"created":"2019-07-03T05:49:33"},"new":["Member States shall ensure that the","persons who effectively manage the","business of a collecting society, its","directors and the persons exercising the","supervisory function design procedures so","as to avoid conflicts of interest. The","collecting society 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 society."],"old":["Member States shall ensure that the","persons who effectively manage the","business of a collecting society and its","directors, with the exception of the","directors exercising supervisory function,","design procedures so as to avoid conflicts","of interest. The collecting society 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","society."],"orig_lang":"ro","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"353","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Cecilia Wikstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-354","location":[["Proposal for a directive","Article 9 \u2013 paragraph 2 \u2013 subparagraph 1"]],"meps":[96677],"meta":{"created":"2019-07-03T05:49:33"},"new":["Member States shall ensure that collective","management organisations put in place","and apply procedures so as to avoid","conflicts of interest. The collective","management organisation shall have","procedures in place to identify, manage,","monitor and disclose conflicts of interest or","potential conflicts of interest in order to","prevent them from adversely affecting the","collective interests of the members and","rightholders represented by the","organisation."],"old":["Member States shall ensure that the","persons who effectively manage the","business of a collecting society and its","directors, with the exception of the","directors exercising supervisory function,","design procedures so as to avoid conflicts","of interest. The collecting society 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","society."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"354","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00f3zsef Sz\u00e1jer","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-148","location":[[" Proposal for a directive","Recital 8"]],"meps":[23821],"meta":{"created":"2019-07-03T05:49:33"},"new":["(8) In order to ensure that holders of","copyright and related rights can fully","benefit from the internal market when their","rights are being managed collectively and","that their freedom to exercise their rights is","not unduly affected, it is necessary to","provide for the inclusion of appropriate","safeguards in the constituting documents of","collecting societies. Moreover, in","accordance with Directive 2006/123/EC","collecting societies should not","discriminate, directly or indirectly,","between rightholders on the basis of their","nationality, place of residence or place of","establishment when performing their","management activities."],"old":["(8) In order to ensure that holders of","copyright and related rights can fully","benefit from the internal market when their","rights are being managed collectively and","that their freedom to exercise their rights is","not unduly affected, it is necessary to","provide for the inclusion of appropriate","safeguards in the constituting documents of","collecting societies. Moreover, in","accordance with Directive 2006/123/EC","collecting societies should not","discriminate, directly or indirectly,","between rightholders on the basis of their","nationality, place of residence or place of","establishment when providing their","management services."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"148","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Cecilia Wikstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-355","location":[[" Proposal for a directive","Article 9 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 introductory part"]],"meps":[96677],"meta":{"created":"2019-07-03T05:49:33"},"new":["Those procedures shall include an annual","individual statement by each of those","persons referred to in paragraph 1 to the","body entrusted with the supervisory","function, containing the following","information:"],"old":["Those procedures shall include an annual","individual statement by each of those","persons and directors, to the body","entrusted with the supervisory function,","containing the following information:"],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"355","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Lidia Joanna Geringer de Oedenberg","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-149","location":[["Proposal for a directive","Recital 9"]],"meps":[28377],"meta":{"created":"2019-07-03T05:49:33"},"new":["(9) Having the freedom to provide and to","receive collective rights management","services across national borders entails that","rightholders are able to freely choose the","collecting society for the management of","their rights, such as public performance or","broadcasting rights, or categories of rights,","such as interactive communication to the","public, provided the collecting society","already manages such rights or categories","of rights. This implies that rightholders can","easily withdraw their rights or categories of","rights from a collecting society and entrust","or transfer all or part of them to another","collecting society or another entity","irrespective of the Member State of","residence or the nationality of either the","collecting society or the rightholder. Such","freedom of rights management should not","give rise to monopolistic practices as","defined in Article 102 TFEU and in EU","antitrust rules. Collecting societies","managing different types of works and","other subject matter, such as literary,","musical or photographic works, should also","allow this flexibility to rightholders as","regards the management of different types","of works and other subject matter.","Collecting societies should inform","rightholders of this choice and allow them","to exercise it as easily as possible. Finally,","this Directive should not prejudice the","possibilities of rightholders to manage their","rights individually, including for non-","commercial uses."],"old":["(9) Having the freedom to provide and to","receive collective management services","across national borders entails that","rightholders are able to freely choose the","collecting society for the management of","their rights, such as public performance or","broadcasting rights, or categories of rights,","such as interactive communication to the","public, provided the collecting society","already manages such rights or categories","of rights. This implies that rightholders can","easily withdraw their rights or categories of","rights from a collecting society and entrust","or transfer all or part of them to another","collecting society or another entity","irrespective of the Member State of","residence or the nationality of either the","collecting society or the rightholder.","Collecting societies managing different","types of works and other subject matter,","such as literary, musical or photographic","works, should also allow this flexibility to","rightholders as regards the management of","different types of works and other subject","matter. Collecting societies should inform","rightholders of this choice and allow them","to exercise it as easily as possible. Finally,","this Directive should not prejudice the","possibilities of rightholders to manage their","rights individually, including for non-","commercial uses."],"orig_lang":"pl","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"149","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Christian Engstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-356","justification":" Conflicts of interest needs to be disclosed before a manager or director takes up his or her\n duties.","location":[[" Proposal for a directive","Article 9 \u2013 paragraph 2 \u2013 subparagraph 2 \u2013 introductory part"]],"meps":[96676],"meta":{"created":"2019-07-03T05:49:33"},"new":["Those procedures shall include an","individual statement by each of those","persons and directors, to the body entrusted","with the supervisory function and to the","members, and publicly accessible through","the website of the collective management","organisation. The statement shall be made","before each of those persons take up their","duties, and shall thereafter be renewed","annually. The statement shall contain the","following information:"],"old":["Those procedures shall include an annual","individual statement by each of those","persons and directors, to the body entrusted","with the supervisory function, containing","the following information:"],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"356","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Silvia-Adriana \u0142ic\u0103u","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-357","location":[["Proposal for a directive","Article 9 \u2013 paragraph 2 a (new)"]],"meps":[36281],"meta":{"created":"2019-07-03T05:49:33"},"new":["2a. Collecting societies shall publish these","statements on their website."],"orig_lang":"ro","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"357","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Pawe\u0142 Zalewski","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-150","location":[[" Proposal for a directive","Recital 9"]],"meps":[96777],"meta":{"created":"2019-07-03T05:49:33"},"new":["(9) Having the freedom to provide and to","receive collective management services","across national borders entails that a","rightholder is able to freely choose a","collective management organisation for","the management of his rights, whether they","be communication to the public or","reproduction rights, or categories of rights","such as broadcasting, theatrical","exhibition, or reproduction for online","distribution but provided that the","collective management organisation the","rightholder wishes to choose already","manages such rights or categories of rights.","The rights or categories of rights or types","of works and other subject matter","managed by the collective management","organisation should be determined by the","general assembly of members and subject","to, where applicable, an authorisation","granted by the competent authority,","without prejudicing the right of the","rightholder to make such a choice under","this Directive. It is important that the","rights and categories of rights are","determined in a manner that maintains a","balance between the freedom of","rightholders to dispose of their works and","other subject matter and the ability of the","organisation to effectively manage the","rights taking into account, in particular,","the type of rights managed by the","organisation and the creative sector in","which the organisation operates.","Rightholders should be able to easily","withdraw their rights or categories of rights","or individual works from a collective","management organisation and entrust or","transfer all or part of them to another","collective management organisation or","another entity irrespective of the Member","State of residence or the nationality of","either the collective management","organisation or the rightholder. Collective","management organisations managing","different types of works and other subject","matter, such as literary, musical or","photographic works, should also allow this","flexibility to rightholders as regards the","management of different types of works,","individual works and other subject matter.","Collective management organisations","should inform rightholders of this choice","and allow them to exercise it as easily as","possible. Finally, this Directive should not","prejudice the possibility for rightholders to","manage their rights individually, including","for non-commercial uses."],"old":["(9) Having the freedom to provide and to","receive collective management services","across national borders entails that","rightholders are able to freely choose the","collecting society for the management of","their rights, such as public performance or","broadcasting rights, or categories of rights,","such as interactive communication to the","public, provided the collecting society","already manages such rights or categories","of rights. This implies that rightholders","can easily withdraw their rights or","categories of rights from a collecting","society and entrust or transfer all or part of","them to another collecting society or","another entity irrespective of the Member","State of residence or the nationality of","either the collecting society or the","rightholder. Collecting societies managing","different types of works and other subject","matter, such as literary, musical or","photographic works, should also allow this","flexibility to rightholders as regards the","management of different types of works","and other subject matter. Collecting","societies should inform rightholders of this","choice and allow them to exercise it as","easily as possible. Finally, this Directive","should not prejudice the possibilities of","rightholders to manage their rights","individually, including for non-commercial","uses.",""],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"150","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Christian Engstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-358","justification":"To align with Articles 12(1) and 14(2) which provide that payments must be made accurately.\nIf payments must be accurate it stands to reason that the collection and management should\nalso be so. Additionally, collective management organisations should only collect on behalf of\nactual members and rightholders whose rights they manage under a representation\nagreement.","location":[["Proposal for a directive","Article 10 \u2013 paragraph 1"]],"meps":[96676],"meta":{"created":"2019-07-03T05:49:33"},"new":["1. Collective management organisations","shall be diligent, accurate and transparent","in the collection and the management of","rights revenue. Except in Member States","with systems of extended collective","licensing, a collective management","organisation may not collect rights","revenue or bring or seek infringement","proceedings in respect of works, rights or","territories which it is not authorised to","represent."],"old":["1. Collecting societies shall be diligent in","the collection and the management of","rights revenue."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"358","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Dimitar Stoyanov","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-359","justification":" This will enable greater transparency to be achieved as regards cash flows. If it is not\n possible for rightholders to track these cash flows, this will lead to a lack of trust on their part\n as regards the fair distribution of remuneration.","location":[[" Proposal for a directive","Article 10 \u2013 paragraph 2"]],"meps":[34254],"meta":{"created":"2019-07-03T05:49:33"},"new":["2. The collecting society shall manage and","keep separate the rights revenue and 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. The","income from management activities and","the income from investment shall be","entered into separate bank accounts, the","management of which shall be entrusted","to the supervisory body."],"old":["2. The collecting society shall manage and","keep separate the rights revenue and 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."],"orig_lang":"bg","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"359","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-151","location":[["Proposal for a directive","Recital 9"]],"meps":[96945],"meta":{"created":"2019-07-03T05:49:33"},"new":["(9) Having the freedom to provide and to","receive collective management services","across national borders entails that","rightholders are able to freely choose the","collecting society for the management of","their rights, such as public performance or","broadcasting rights, or categories of rights,","such as interactive communication to the","public, provided the collecting society","already manages such rights or categories","of rights. This implies that rightholders can","easily withdraw their rights or categories of","rights from a collecting society and entrust","or transfer all or part of them to another","collecting society or another entity","irrespective of the Member State of","residence or the nationality of either the","collecting society or the rightholder.","Collecting societies managing different","types of works and other subject matter,","such as literary, musical or photographic","works, should also allow this flexibility to","rightholders as regards the management of","different types of works and other subject","matter. Collecting societies should inform","rightholders of this choice and allow them","to exercise it as easily as possible. Finally,","this Directive should not prejudice the","possibilities of rightholders to manage their","rights individually, including for non-","commercial uses or placement in the","public domain."],"old":["(9) Having the freedom to provide and to","receive collective management services","across national borders entails that","rightholders are able to freely choose the","collecting society for the management of","their rights, such as public performance or","broadcasting rights, or categories of rights,","such as interactive communication to the","public, provided the collecting society","already manages such rights or categories","of rights. This implies that rightholders can","easily withdraw their rights or categories of","rights from a collecting society and entrust","or transfer all or part of them to another","collecting society or another entity","irrespective of the Member State of","residence or the nationality of either the","","collecting society or the rightholder.","Collecting societies managing different","types of works and other subject matter,","such as literary, musical or photographic","works, should also allow this flexibility to","rightholders as regards the management of","different types of works and other subject","matter. Collecting societies should inform","rightholders of this choice and allow them","to exercise it as easily as possible. Finally,","this Directive should not prejudice the","possibilities of rightholders to manage their","rights individually, including for non-","commercial uses."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"151","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00f3zsef Sz\u00e1jer","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-360","location":[[" Proposal for a directive","Article 10 \u2013 paragraph 2"]],"meps":[23821],"meta":{"created":"2019-07-03T05:49:33"},"new":["2. The collecting society shall manage and","keep separate the rights revenue and any","income derived from its investment from","its own assets, the income derived from its","management activities or the income","derived from any other activities."],"old":["2. The collecting society shall manage and","keep separate the rights revenue and 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."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"360","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Silvia-Adriana \u0142ic\u0103u","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-361","location":[["Proposal for a directive","Article 10 \u2013 paragraph 3"]],"meps":[36281],"meta":{"created":"2019-07-03T05:49:33"},"new":["3. The collecting society shall not be","allowed to use rights revenue and any","income derived from its investment for its","own account, save that it may deduct its","management fees, which may not exceed","15% of the income collected."],"old":["3. The collecting society shall not be","allowed to use rights revenue and any","income derived from its investment for its","own account, save that it may deduct its","management fees."],"orig_lang":"ro","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"361","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Tadeusz Zwiefka, Piotr Borys, Lidia Joanna Geringer de Oedenberg","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-152","location":[[" Proposal for a directive","Recital 9"]],"meps":[28301,96799,28377],"meta":{"created":"2019-07-03T05:49:34"},"new":["(9) Having the freedom to receive services","for collective management of copyright","and related rights across national borders","entails that rightholders are able to freely","choose the collective management","organisation for the management of their","rights, such as public performance or","broadcasting rights, or categories of rights,","such as interactive communication to the","public, provided the collective","management organisation already","manages such rights or categories of rights.","This implies that rightholders can easily","withdraw their rights or categories of rights","from a collective management","organisation and entrust or transfer all or","part of them to another collective","management organisation or another","entity irrespective of the Member State of","residence or the nationality of either the","collective management organisation or the","rightholder. Collective management","organisations managing different types of","works and other subject matter, such as","literary, musical or photographic works,","should also allow this flexibility to","rightholders as regards the management of","different types of works and other subject","matter. Collective management","organisations should inform rightholders","of this choice and allow them to exercise it","as easily as possible. Finally, this Directive","should not prejudice the possibilities of","rightholders to manage their rights","individually, including for non-commercial","uses."],"old":["(9) Having the freedom to provide and to","receive collective management services","across national borders entails that","rightholders are able to freely choose the","collecting society for the management of","their rights, such as public performance or","broadcasting rights, or categories of rights,","such as interactive communication to the","public, provided the collecting society","already manages such rights or categories","of rights. This implies that rightholders can","easily withdraw their rights or categories of","rights from a collecting society and entrust","or transfer all or part of them to another","collecting society or another entity","irrespective of the Member State of","residence or the nationality of either the","collecting society or the rightholder.","Collecting societies managing different","types of works and other subject matter,","","such as literary, musical or photographic","works, should also allow this flexibility to","rightholders as regards the management of","different types of works and other subject","matter. Collecting societies should inform","rightholders of this choice and allow them","to exercise it as easily as possible. Finally,","this Directive should not prejudice the","possibilities of rightholders to manage their","rights individually, including for non-","commercial uses."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"152","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-362","location":[["Proposal for a directive","Article 10 \u2013 paragraph 3"]],"meps":[96945],"meta":{"created":"2019-07-03T05:49:33"},"new":["3. The collecting society shall not be","allowed to use rights revenue and any","income derived from its investment for its","own account, save that it may deduct its","management fees according to the rules","referred to in Article 7(5)(d)."],"old":["3. The collecting society shall not be","allowed to use rights revenue and any","income derived from its investment for its","own account, save that it may deduct its","management fees."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"362","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-153","location":[["Proposal for a directive","Recital 9 a (new)"]],"meps":[96945],"meta":{"created":"2019-07-03T05:49:34"},"new":["(9a) Any actions undertaken by collective","management organisations should not","hurt or undermine the open Internet"],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"153","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Cecilia Wikstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-363","location":[["Proposal for a directive","Article 10 \u2013 paragraph 4 \u2013 introductory part"]],"meps":[96677],"meta":{"created":"2019-07-03T05:49:34"},"new":["4. Where, pending the distribution of the","amounts due to rightholders, the collecting","society invests the rights revenue and any","income derived from its investment, it shall","do so in accordance with the general","investment and risk management policy","referred to in Article 7(5)(c) and the","following rules:"],"old":["4. Where, pending the distribution of the","amounts due to rightholders, the collecting","","society invests the rights revenue and any","income derived from its investment, it shall","do so in accordance with the general","investment policy referred to in Article","7(5)(c) and the following rules:"],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"363","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Fran\u00e7oise Castex","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-154","location":[["Proposal for a directive","Recital 9 a (new)"]],"meps":[28148],"meta":{"created":"2019-07-03T05:49:34"},"new":["(9a) The specific characteristics of","collecting societies which manage rights","in the audiovisual and performing arts","sector must be taken into account, as the","functioning of this sector differs greatly","from that of the music sector. In these","sectors, collective management is the","preferred means of ensuring that authors","and performers receive a fair","remuneration."],"old":[""],"orig_lang":"fr","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"154","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-364","location":[[" Proposal for a directive","Article 10 \u2013 paragraph 4 \u2013 point a"]],"meps":[96945],"meta":{"created":"2019-07-03T05:49:34"},"new":["(a) the assets shall be invested in the best","interests of rightholders; where there is","any potential conflict of interest, the","collecting society shall ensure that the","investment is made in the sole interest of","rightholders;"],"old":["(a) the assets shall be invested in the best","interests of members; where there is any","potential conflict of interest, the collecting","society shall ensure that the investment is","made in the sole interest of members;"],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"364","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Fran\u00e7oise Castex","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-155","location":[[" Proposal for a directive","Recital 9 b (new)"]],"meps":[28148],"meta":{"created":"2019-07-03T05:49:34"},"new":["(9b) The general meeting of collecting","societies in the audiovisual sector should","be authorised to provide for the","management of a combination of rights,","with no distinction between categories, in","order to allow the society to perform its","task of defending the rights of authors","and performers and guaranteeing legal","certainty for users."],"orig_lang":"fr","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"155","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Toine Manders","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-365","location":[[" Proposal for a directive","Article 10 \u2013 paragraph 4 \u2013 point b a (new)"]],"meta":{"created":"2019-07-03T05:49:34"},"new":["(ba) the assets shall only be invested,","directly or indirectly, in investment","products where the principal amount is","not reduced at the end of the maturity of","those products;"],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"365","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Pawe\u0142 Zalewski","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-366","location":[["Proposal for a directive","Article 10 \u2013 paragraph 4 \u2013 point c a (new)"]],"meps":[96777],"meta":{"created":"2019-07-03T05:49:34"},"new":["(ca) the investments shall not lead to the","extension of the term referred to in Article","12(1)."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"366","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Fran\u00e7oise Castex","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-156","location":[[" Proposal for a directive","Recital 9 c (new)"]],"meps":[28148],"meta":{"created":"2019-07-03T05:49:34"},"new":["(9c) The general meeting of collecting","societies should be authorised, in","accordance with competition law and for","objective, transparent and non-","discriminatory reasons, to lay down the","conditions for the withdrawal of members","from collecting societies in order to avoid","abuse which could jeopardise their tasks","of pooling management costs for the","benefit of all authors and performers,","defending and promoting cultural","diversity and ensuring legal certainty for","users."],"old":[""],"orig_lang":"fr","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"156","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Cecilia Wikstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-367","justification":"A CMO should perform deductions, whether for management fees or cultural purposes at the\nsame time as it pays its rightholders. It should thus not be allowed to perform deductions\nwhen collecting the revenues and then waiting to pay rightholders. This will serve as an\nincentive to speed up payments to rightholders.","location":[["Proposal for a directive","Article 10 \u2013 paragraph 4 a (new)"]],"meps":[96677],"meta":{"created":"2019-07-03T05:49:34"},"new":["4a. Any deductions from the rights","revenue, whether for management fees or","to provide services as specified in Article","11(2) shall be done at the same time as the","collective management organisation pays","the rightholders."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"367","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Fran\u00e7oise Castex","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-157","location":[["Proposal for a directive","Recital 9 d (new)"]],"meps":[28148],"meta":{"created":"2019-07-03T05:49:34"},"new":["(9d) The freedom of members of","collecting societies to cancel the","authorisation granted to the societies to","manage their rights must not jeopardise","the performance by these societies of their","tasks of pooling management costs for the","benefit of all authors and performers,","defending and promoting cultural","diversity and ensuring legal certainty for","users."],"orig_lang":"fr","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"157","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Silvia-Adriana \u0142ic\u0103u","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-368","location":[["Proposal for a directive","Article 11 \u2013 paragraph 1"]],"meps":[36281],"meta":{"created":"2019-07-03T05:49:34"},"new":["1. Member States shall ensure that","agreements governing the relationship of","the collecting society with its members and","rightholders shall specify deductions","applicable to the rights revenue referred to","in point (e) of Article 16. Agreements shall","be concluded on the basis of a framework","contract which shall be published on the","collecting society's website and which","shall specifically and transparently set out","the deductions applicable to the rights","revenue referred to in point (e) of Article","16."],"old":["1. Member States shall ensure that","agreements governing the relationship of","the collecting society with its members and","rightholders shall specify deductions","applicable to the rights revenue referred to","in point (e) of Article 16."],"orig_lang":"ro","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"368","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Dimitar Stoyanov","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-369","justification":" This will enable a common ceiling to be established that cannot be exceeded. As a result, it\n could help prevent the \u2018monopolisation\u2019 of collecting societies and avoid the possibility of\n unfavourable conditions being imposed on rightholders and of unregulated profit making.","location":[[" Proposal for a directive","Article 11 \u2013 paragraph 1"]],"meps":[34254],"meta":{"created":"2019-07-03T05:49:34"},"new":["1. Member States shall ensure that","agreements governing the relationship of","the collecting society with its members and","rightholders shall specify deductions","applicable to the rights revenue referred to","in point (e) of Article 16. Member States","shall establish the minimum and","maximum levels between which","percentage deductions may vary."],"old":["1. Member States shall ensure that","agreements governing the relationship of","the collecting society with its members and","rightholders shall specify deductions","applicable to the rights revenue referred to","in point (e) of Article 16."],"orig_lang":"bg","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"369","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Cecilia Wikstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-158","location":[["Proposal for a directive","Recital 11"]],"meps":[96677],"meta":{"created":"2019-07-03T05:49:34"},"new":["(11) Collective management organisations","should act in the best collective interests of","the rightholders they represent. It is","therefore important to provide for systems","which enable the members of a collective","management organisation to exercise their","membership rights by participating in an","organisation's decision-making process.","The representation in the decision-making","process of the different categories of","members, such as producers or","performers, should be fair and balanced.","The effectiveness of the rules on the","general meeting of members of collective","management organisations would be","undermined if there were no provisions on","how the general meeting of members","should be run. Thus, it is necessary to","ensure that the general meeting of","members is convened regularly, and at","least annually, and that the most important","decisions in the collective management","organisation are taken by the general","meeting of members."],"old":["(11) Collecting societies are expected to","act in the best interests of their members. It","is therefore important to provide for","systems which enable members of","collecting societies to exercise their","","membership rights by participating in the","societies' decision-making process. The","representation of the different categories of","members in the decision-making process","should be fair and balanced. The","effectiveness of the rules on the general","meeting of members of collecting societies","may be undermined if there were no","provisions on how the general meeting","should be run. Thus, it is necessary to","ensure that the general meeting is","convened regularly, and at least annually,","and that the most important decisions in the","collecting society are taken by the general","meeting."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"158","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Cecilia Wikstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-370","location":[["Proposal for a directive","Article 11 \u2013 paragraph 1 a (new)"]],"meps":[96677],"meta":{"created":"2019-07-03T05:49:34"},"new":["1a. The collective management","organisation shall, upon the request for","membership by a rightholder,","communicate its rules on deductions from","rights revenue and any income derived","from its investment."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"370","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-159","location":[[" Proposal for a directive","Recital 11 a (new)"]],"meps":[28206],"meta":{"created":"2019-07-03T05:49:34"},"new":["(11a) Given the disparity in the term of","protection of rights between sound and","audiovisual recordings, and with a view to","improving the functioning of the","European single market, the term of","protection of rights related to audiovisual","recordings should be extended to 70 years."],"orig_lang":"fr","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"159","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Pawe\u0142 Zalewski","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-371","location":[["Proposal for a directive","Article 11 \u2013 paragraph 1 a (new)"]],"meps":[96777],"meta":{"created":"2019-07-03T05:49:34"},"new":["1a. Management fees shall not exceed the","justified and documented costs incurred","by the collective management","organisation for the management of","copyright and related rights."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"371","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00f3zsef Sz\u00e1jer","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-372","location":[["Proposal for a directive","Article 11 \u2013 paragraph 2 \u2013 introductory part"]],"meps":[23821],"meta":{"created":"2019-07-03T05:49:34"},"new":["2. Member States shall ensure that, where a","collecting society performs social, cultural","or educational activities funded through","deductions from rights revenue,","rightholders are entitled to the following:"],"old":["2. Member States shall ensure that, where a","","collecting society provides social, cultural","or educational services funded through","deductions from rights revenue,","rightholders are entitled to the following:"],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"372","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Cecilia Wikstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-160","location":[["Proposal for a directive","Recital 12"]],"meps":[96677],"meta":{"created":"2019-07-03T05:49:34"},"new":["(12) Members of collective management","organisations should be allowed to","participate and vote in the general meeting","of members; the exercise of these rights","should only be subject to fair and","proportionate restrictions. In some","exceptional cases, collective management","organisations have been established in the","legal form of a foundation, hence they","have no membership. In such cases, the","powers of the general meeting of members","should be exercised by the body entrusted","with the supervisory function. The","general meeting of members should, at","least, have the power to set the framework","of the activities of the management, in","particular with respect to the use of rights","revenue by the collective management","organisation. The exercise of voting rights","should be made easy. In addition to the","exercise of members' rights by electronic","means, members should be allowed to","participate and vote in the general","meeting of members through a proxy.","Proxy voting should only be restricted in","order to make sure that members are not","faced with de facto obligations to enter","into agreements where they cede their","right to participate in the decision making","process of the collective management","organisation to a third party. The use of","proxies should be an active decision and","the expression of a will to participate in","the decision making processes of the","organisation. Therefore any contractual","agreement stipulating that a member","cedes his rights to participate in the","general meeting of members to a third","party shall be considered as null and void.","A collecting society may also require that","any one natural or legal person does not","exercise more than a certain number of","proxies at a given general meeting of","members as long as they allow for the","exercise of at least 10 proxies. The holder","of a proxy must respect the instructions","given to him or her by the member on","whose behalf the proxy has been issued."],"old":["(12) Members of collecting societies","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.",""],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"160","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00f3zsef Sz\u00e1jer","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-373","location":[[" Proposal for a directive","Article 11 \u2013 paragraph 2 \u2013 point a"]],"meps":[23821],"meta":{"created":"2019-07-03T05:49:34"},"new":["(a) social, cultural or educational activities","on the basis of fair criteria, in particular in","relation to the access to and the extent of","those services;"],"old":["(a) social, cultural or educational services","on the basis of fair criteria, in particular in","relation to the access to and the extent of","those services;"],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"373","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-161","location":[[" Proposal for a directive","Recital 12"]],"meps":[96945],"meta":{"created":"2019-07-03T05:49:34"},"new":["(12) All members of collecting societies","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 as easy as","possible."],"old":["(12) Members of collecting societies","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."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"161","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00f3zsef Sz\u00e1jer","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-374","location":[[" Proposal for a directive","Article 11 \u2013 paragraph 2 \u2013 point b"]],"meps":[23821],"meta":{"created":"2019-07-03T05:49:34"},"new":["(b) rightholders who have terminated the","authorisation to manage rights or","categories of rights or types of works and","other subject matter or who have","withdrawn their rights or categories of","rights or types of works and other subject","matter from the collecting society, continue","to have access to those activities. The","criteria in relation to the access to and the","extent of those services may take into","consideration the rights revenue generated","by those rightholders and the duration of","the authorisation to manage rights,","provided that such criteria are also","applicable to rightholders who have not","terminated such authorisation or have not","withdrawn their rights or categories of","rights or types of works and other subject","matter from the collecting society."],"old":["(b) rightholders who have terminated the","authorisation to manage rights or","categories of rights or types of works and","other subject matter or who have","withdrawn their rights or categories of","rights or types of works and other subject","matter from the collecting society, continue","to have access to those services. The","criteria in relation to the access to and the","extent of those services may take into","consideration the rights revenue generated","by those rightholders and the duration of","the authorisation to manage rights,","provided that such criteria are also","","applicable to rightholders who have not","terminated such authorisation or have not","withdrawn their rights or categories of","rights or types of works and other subject","matter from the collecting society."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"374","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Evelyn Regner","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-162","location":[[" Proposal for a directive","Recital 12"]],"meps":[96998],"meta":{"created":"2019-07-03T05:49:34"},"new":["(12) Members of collecting societies are","entitled to participate and vote in the","general meeting; the exercise of the rights","to vote and to stand for election should be","made easy for all members."],"old":["(12) Members of collecting societies","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."],"orig_lang":"de","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"162","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Cecilia Wikstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-375","location":[["Proposal for a directive","Article 12 \u2013 paragraph 1"]],"meps":[96677],"meta":{"created":"2019-07-03T05:49:34"},"new":["1. Member States shall ensure that the","collective management organisation","regularly and diligently distributes and","pays amounts due to all rightholders it","represents. The collective management","organisation shall carry out such","distribution and payments as soon as it is","possible for it to do so but no later than six","months from the time that the rights","revenue was collected, unless objective","reasons related in particular to reporting by","users, the identification of rights,","rightholders or to the matching of","information on works and other subject","matter with rightholders prevent the","collective management organisation from","respecting this deadline. The collective","management organisation shall carry out","such distribution and payments accurately,","ensuring equal treatment of all categories","of rightholders."],"old":["1. Member States shall ensure that the","collecting society regularly and diligently","distributes and pays amounts due to all","rightholders it represents. The collecting","society shall carry out such distribution and","payments no later than 12 months from the","end of the financial year in which the","rights revenue was collected, unless","objective reasons related in particular to","reporting by users, the identification of","rights, rightholders or to the matching of","information on works and other subject","matter with rightholders prevent the","collecting society from respecting this","deadline. The collecting society shall carry","out such distribution and payments","accurately, ensuring equal treatment of all","categories of rightholders."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"375","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-163","location":[["Proposal for a directive","Recital 12 a (new)"]],"meps":[28206],"meta":{"created":"2019-07-03T05:49:34"},"new":["(12a) At general meetings, the use of a","proxy system should be encouraged so as","to enable more members to be represented","at such meetings; to prevent abuse and","ensure democratic representation for all it","is essential to limit the concentration of","proxies in the hands of a small number of","people (a maximum of three proxies per","person)."],"orig_lang":"fr","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"163","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Silvia-Adriana \u0142ic\u0103u","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-376","location":[[" Proposal for a directive","Article 12 \u2013 paragraph 1"]],"meps":[36281],"meta":{"created":"2019-07-03T05:49:34"},"new":["1. Member States shall ensure that the","collecting society regularly and diligently","distributes and pays amounts due to all","rightholders it represents. The collecting","society shall carry out such distribution and","payments as quickly as possible and no","later than 6 months from the end of the","financial year in which the rights revenue","was collected, unless objective reasons","related in particular to reporting by users,","the identification of rights, rightholders or","to the matching of information on works","and other subject matter with rightholders","prevent the collecting society from","respecting this deadline. The collecting","society shall carry out such distribution and","payments accurately, ensuring equal","treatment of all categories of rightholders."],"old":["1. Member States shall ensure that the","collecting society regularly and diligently","distributes and pays amounts due to all","rightholders it represents. The collecting","society shall carry out such distribution and","payments no later than 12 months from the","end of the financial year in which the rights","revenue was collected, unless objective","reasons related in particular to reporting by","users, the identification of rights,","rightholders or to the matching of","information on works and other subject","matter with rightholders prevent the","collecting society from respecting this","deadline. The collecting society shall carry","out such distribution and payments","accurately, ensuring equal treatment of all","categories of rightholders."],"orig_lang":"ro","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"376","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Cecilia Wikstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-164","location":[["Proposal for a directive","Recital 13"]],"meps":[96677],"meta":{"created":"2019-07-03T05:49:34"},"new":["(13) Members should be allowed to take","part in the continuous monitoring of the","management of collective management","organisations. To this end, these","organisations should have a supervisory","function appropriate to their organisational","structure and allow members to be","represented in the body that exercises this","function. Depending on the organisational","structure of the collective management","organisation, the supervisory function","may be exercised by a separate body, such","as a supervisory board. Members of the","administrative board may not at the same","time serve as members in the body","exercising the supervisory function as this","function has as one of its principal duties","to supervise the work of the administrative","board. The requirement of fair and","balanced representation of members","should not prevent the collective","management organisation from electing","third parties to the body exercising the","supervisory function, including","professional members, and rightholders","who do not fulfil the membership","requirements or who are not directly","represented by the organisation but via an","entity which is a member of the collective","management organisation."],"old":["(13) Members should be allowed to take","part in monitoring the management of","collecting societies. To this end, collecting","societies 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","burden on smaller collecting societies 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 societies from having to","organise such a supervisory function.",""],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"164","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Christian Engstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-377","justification":"Artists and authors see it as a big problem that many collective management organisations\nare so slow in paying the money they owe. The draft directive proposes that the organisations\nshould be allowed to keep the money for up to two years. This is hardly reasonable. Collective\nmanagement organisations that currently do not meet higher targets need incentives to\nimprove the efficiency of their administrative routines.","location":[[" Proposal for a directive","Article 12 \u2013 paragraph 1"]],"meps":[96676],"meta":{"created":"2019-07-03T05:49:34"},"new":["1. Member States shall ensure that the","collective management organisations","regularly and diligently distributes and","pays amounts due to all rightholders it","represents. The collective management","organisation shall carry out such","distribution and payments without undue","delay and no later than three months after","the rights revenue was collected, unless","objective reasons related in particular to","reporting by users, the identification of","rights, rightholders or to the matching of","information on works and other subject","matter with rightholders prevent the","collective management organisation from","respecting this deadline. The collective","management organisation shall carry out","such distribution and payments accurately,","ensuring equal treatment of all categories","of rightholders."],"old":["1. Member States shall ensure that the","collecting society regularly and diligently","distributes and pays amounts due to all","rightholders it represents. The collecting","society shall carry out such distribution and","payments no later than 12 months from","the end of the financial year in which the","rights revenue was collected, unless","objective reasons related in particular to","reporting by users, the identification of","rights, rightholders or to the matching of","information on works and other subject","","matter with rightholders prevent the","collecting society from respecting this","deadline. The collecting society shall carry","out such distribution and payments","accurately, ensuring equal treatment of all","categories of rightholders."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"377","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Christian Engstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-378","justification":"The income distribution of rightholders is extremely unequal, i.e.: a very large number of\ncreators earn very little. This means that lower minimum distribution levels will distribute to\na large number of rightholders much faster. At the same time high earning rightholders have\n\n\n an incentive to set minimum distribution levels too high, creating unfair distributions in some\n cases. Additionally, a requirement to maintain low minimum distribution provides incentives\n for cost-efficient distribution.","location":[["Proposal for a directive","Article 12 \u2013 paragraph 1 a (new)"]],"meps":[96676],"meta":{"created":"2019-07-03T05:49:35"},"new":["1a. Collective management organisation","shall start distributing rightholder\u2019s","revenue when the amount collected","reasonably covers collection costs. The","minimum level required before","distribution takes place may not","unreasonably exceed the lowest minimum","amount used by comparable collective","management organisations."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"378","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Christian Engstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-165","justification":"Big or small, all collective management organisations are handling other people's money,\nand need to live up to appropriate standards on transparency and accountability. If they are\ncurrently unable to do this, they need to improve their functioning. See amendments to Article\n8(3) and 20(5).","location":[[" Proposal for a directive","Recital 13"]],"meps":[96676],"meta":{"created":"2019-07-03T05:49:35"},"new":["(13) Members should be allowed to take","part in monitoring the management of","collective management organisations. To","this end, collective management","organisations should establish a","supervisory function appropriate to their","organisational structure and allow","members to be represented in the body that","exercises this function."],"old":["(13) Members should be allowed to take","part in monitoring the management of","collecting societies. To this end, collecting","societies 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","burden on smaller collecting societies 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 societies from having to","organise such a supervisory function."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"165","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Fran\u00e7oise Castex","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-166","location":[["Proposal for a directive","Recital 13"]],"meps":[28148],"meta":{"created":"2019-07-03T05:49:35"},"new":["(13) Members should be allowed to take","part in monitoring the management of","collecting societies. To this end, collecting","societies should establish a supervisory","function appropriate to their organisational","structure and allow members to be","represented in the body that exercises this","function."],"old":["(13) Members should be allowed to take","part in monitoring the management of","collecting societies. To this end, collecting","societies 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","burden on smaller collecting societies 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 societies from having to","organise such a supervisory function."],"orig_lang":"fr","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"166","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Pawe\u0142 Zalewski","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-167","location":[["Proposal for a directive","Recital 13"]],"meps":[96777],"meta":{"created":"2019-07-03T05:49:35"},"new":["(13) Members should be allowed to take","part in monitoring the management of","collecting societies. To this end, collecting","societies should establish a supervisory","function appropriate to their organisational","structure and allow members to be","represented in the body that exercises this","function."],"old":["(13) Members should be allowed to take","part in monitoring the management of","collecting societies. To this end, collecting","","","societies 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","burden on smaller collecting societies 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 societies from having to","organise such a supervisory function."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"167","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Mary Honeyball","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-379","location":[[" Proposal for a directive","Article 12 \u2013 paragraph 1 a (new)"]],"meps":[5846],"meta":{"created":"2019-07-03T05:49:35"},"new":["1a. The Commission shall be empowered,","by means of implementing acts, to assess","the existence of cost-effective work usage","monitoring technologies for the reporting","of the actual use of rights, categories of","rights, type of works or other subject","matter, taking into account technological","developments. The first assessment shall","take place 6 months after the entry into","force of this Directive and be followed by","yearly updates.","When the Commission identifies the","existence of cost-effective usage","monitoring technologies for certain","rights, categories of rights or type of","works, the reporting and payment","requirements provided for online music","rights in this Directive shall apply mutatis","mutandis to such rights, categories of","rights or type of works.","Member States shall ensure that","collecting societies and users apply cost-","effective usage monitoring technologies","without undue delay, when such","technologies exist."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"379","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-168","location":[[" Proposal for a directive","Recital 13"]],"meps":[96945],"meta":{"created":"2019-07-03T05:49:35"},"new":["(13) Members should be allowed to take","part in monitoring the management of","collecting societies. To this end, collecting","societies should establish a supervisory","function appropriate to their organisational","structure and allow all categories of","members to be represented in the body that","exercises this function."],"old":["(13) Members should be allowed to take","part in monitoring the management of","collecting societies. To this end, collecting","societies 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","burden on smaller collecting societies 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 societies from having to","organise such a supervisory function."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"168","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Cecilia Wikstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-169","location":[["Proposal for a directive","Recital 14"]],"meps":[96677],"meta":{"created":"2019-07-03T05:49:35"},"new":["(14) For reasons of sound management, a","collective management organisation's","management must be independent.","Managers and executive directors should","be required to declare annually whether","there are conflicts between their interests","and those of the rightholders that are","represented by the collective management","organisation. Member States should be","free to require collective management","organisations to make such statements","public or submit them to public","authorities."],"old":["(14) For reasons of sound management, a","collecting society's senior management","must be independent. Managers and","executive directors should be required to","declare annually to the collecting society","whether there are conflicts between their","interests and those of the society."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"169","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-170","location":[["Proposal for a directive","Recital 14"]],"meps":[96945],"meta":{"created":"2019-07-03T05:49:35"},"new":["(14) For reasons of sound management, a","collecting society's senior management","must be independent. Managers and","executive directors should be required to","declare, prior to and yearly after taking","their position as manager or executive","director, whether there are conflicts","between their interests and those of the","collecting society."],"old":["(14) For reasons of sound management, a","collecting society's senior management","must be independent. Managers and","executive directors should be required to","declare annually to the collecting society","whether there are conflicts between their","interests and those of the society."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"170","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-380","justification":"In the interests of facilitating the management of the use of protected content and in order not\nto introduce discrimination between the term of protection for audiovisual recording rights\nand that for sound recording rights, this term should be harmonised by raising it to 70 years\nfor all types of recording, with the terms having the same starting points.","location":[["Proposal for a directive","Article 12 \u2013 paragraph 1 a (new)"]],"meps":[28206],"meta":{"created":"2019-07-03T05:49:35"},"new":["1a. In the interests of facilitating the","management of authorisations to exploit","and distribute protected content and of","improving the distribution of","remunerations due to rightholders,","consideration should be given to","extending Directive 2011/77/EU of the","European Parliament and of the Council","of 27 September 2011 amending Directive","206/116/EC, and to extending the term of","protection of rights related to audiovisual","recordings to 70 years."],"orig_lang":"fr","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"380","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Cecilia Wikstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-171","location":[[" Proposal for a directive","Recital 15"]],"meps":[96677],"meta":{"created":"2019-07-03T05:49:35"},"new":["(15) Collective management organisations","collect, manage and distribute revenue","from the exploitation of the rights entrusted","to them by rightholders. This revenue is","ultimately due to rightholders who may be","members of that organisation, or another","organisation. It is therefore important that","collective management organisations","exercise the utmost diligence in collecting,","managing and distributing that revenue.","Accurate distribution is only possible","where collective management","organisations maintain proper records of","membership, licences and use of works and","other subject matter. Where appropriate,","data should also be provided by","rightholders and users and verified by the","collective management organisations.","Amounts collected and due to rightholders","should be managed separately from any","own assets of the collective management","organisation and, if they are invested,","pending their distribution to rightholders,","this should be carried out in accordance","with the investment policy decided by the","collective management organisations'","general meeting of members. In order to","maintain a high level of protection for the","rights of rightholders and to ensure that any","income which may be derived from","exploitation of their rights accrues for the","benefit of rightholders, the investments","made and held by the collective","management organisation should be","managed in accordance with criteria which","would oblige the collective management","organisation to act prudently, while","allowing the collective management","organisation to decide on the most secure","and efficient investment policy. This","should allow the collective management","organisation to opt for an asset allocation","that suits the precise nature and duration of","any exposure to risk of any rights revenue","invested and which does not unduly","prejudice any rights revenue owed to","rightholders. Moreover, in order to ensure","that the amounts due to rightholders are","appropriately and effectively distributed, it","is necessary to require collective","management organisations to undertake","diligent and good faith reasonable","measures to identify and locate the relevant","rightholders. Any funds that have not been","correctly attributed to a rightsholder","within three years should be transferred","from the collective management","organisation to a fund designated by the","Member State in which the collective","management organisation has its seat.","This fund shall support social, cultural or","educational services that are in","accordance with Article 11(2) of this","Directive. When a collective management","organisation is forced to transfer collected","revenue to the fund mentioned above, it","has failed in its duty towards the","rightholders on whose behalf it collected","the revenue, therefore the collective","management organisation may not make","any deductions from rights revenue","transferred to this fund. With respect to","these provisions a collective management","organisation can only perform deductions","on rights revenue at the same time as it","distributes the revenues to the","rightholders. In cases where a collective","management organisations has over time","applied management fees that have been","higher then required to cover the","management costs of the collective","management organisation its members","should have the possibility, at the general","meeting of members, to transfer","accumulated funds originating from","management fees to the cultural fund","mentioned above as it would not be","possible to make a fair redistribution of","these funds directly to the rightsholders","concerned."],"old":["(15) Collecting societies collect, manage","and distribute revenue from the","exploitation of the rights entrusted to them","by rightholders. This revenue is ultimately","due to rightholders who may be members","of that society, or another society. It is","therefore important that collecting societies","exercise the utmost diligence in collecting,","managing and distributing that revenue.","Accurate distribution is only possible","where collecting societies maintain proper","records of membership, licences and use of","works and other subject matter. Where","appropriate, data should also be provided","by rightholders and users and verified by","the collecting societies. Amounts collected","and due to rightholders should be managed","separately from any own assets of the","collecting society and, if they are invested,","pending their distribution to rightholders,","this should be carried out in accordance","with the investment policy decided by the","collecting societies' general meeting. In","order to maintain a high level of protection","for the rights of rightholders and to ensure","that any income which may be derived","from exploitation of their rights accrues for","the benefit of rightholders, the investments","made and held by the collecting society","should be managed in accordance with","criteria which would oblige the collecting","society to act prudently, while allowing the","collecting society to decide on the most","secure and efficient investment policy.","This should allow the colleting society to","opt for an asset allocation that suits the","precise nature and duration of any","exposure to risk of any rights revenue","invested and which does not unduly","prejudice any rights revenue owed to","rightholders. Moreover, in order to ensure","that the amounts due to rightholders are","appropriately and effectively distributed, it","","is necessary to require collecting societies","to undertake diligent and good faith","reasonable measures to identify and locate","the relevant rightholders. It is also","appropriate to provide for the approval by","members of collecting societies of the","rules governing any situation where, due","to the lack of identified or located","rightholders, amounts collected cannot be","distributed."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"171","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Fran\u00e7oise Castex","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-172","location":[[" Proposal for a directive","Recital 15"]],"meps":[28148],"meta":{"created":"2019-07-03T05:49:35"},"new":["(15) Collecting societies collect, manage","and distribute revenue from the","exploitation of the rights entrusted to them","by rightholders. This revenue is ultimately","due to rightholders who may be members","of that society, or another society. Accurate","distribution is only possible where","collecting societies maintain proper records","of membership, licences and use of works","and other subject matter. Where","appropriate, data should also be provided","by rightholders and users and verified by","the collecting societies. Member States","should therefore ensure that all users and","all natural or legal persons holding a","copyright or related right provide to the","collecting society, free of charge, the","information needed to identify the sound","or audiovisual work, the rightholders and","the use made of it. Collecting societies","must exercise the utmost diligence in","collecting, managing and distributing that","revenue. Amounts collected and due to","rightholders should be managed separately","from any own assets of the collecting","society and, if they are invested, pending","their distribution to rightholders, this","should be carried out in accordance with","the investment policy decided by the","collecting societies\u2019 general meeting. In","order to maintain a high level of protection","for the rights of rightholders and to ensure","that any income which may be derived","from exploitation of their rights accrues for","the benefit of rightholders, the investments","made and held by the collecting society","should be managed in accordance with","criteria which would oblige the collecting","society to act prudently, while allowing the","collecting society to decide on the most","secure and efficient investment policy.","This should allow the collecting society to","opt for an asset allocation that suits the","precise nature and duration of any","exposure to risk of any rights revenue","invested and which does not unduly","prejudice any rights revenue owed to","rightholders. Moreover, in order to ensure","that the amounts due to rightholders are","appropriately and effectively distributed, it","is necessary to require collecting societies","to undertake diligent and good faith","reasonable measures to identify and locate","the relevant rightholders. It is also","appropriate to provide for the approval by","members of collecting societies of the rules","governing any situation where, due to the","lack of identified or located rightholders,","amounts collected cannot be distributed."],"old":["(15) Collecting societies collect, manage","and distribute revenue from the","exploitation of the rights entrusted to them","by rightholders. This revenue is ultimately","due to rightholders who may be members","of that society, or another society. It is","therefore important that collecting","societies exercise the utmost diligence in","collecting, managing and distributing that","revenue. Accurate distribution is only","possible where collecting societies","maintain proper records of membership,","licences and use of works and other subject","matter. Where appropriate, data should also","be provided by rightholders and users and","verified by the collecting societies.","Amounts collected and due to rightholders","should be managed separately from any","own assets of the collecting society and, if","they are invested, pending their distribution","to rightholders, this should be carried out","in accordance with the investment policy","decided by the collecting societies' general","meeting. In order to maintain a high level","of protection for the rights of rightholders","and to ensure that any income which may","be derived from exploitation of their rights","accrues for the benefit of rightholders, the","investments made and held by the","collecting society should be managed in","accordance with criteria which would","oblige the collecting society to act","prudently, while allowing the collecting","society to decide on the most secure and","efficient investment policy. This should","allow the colleting society to opt for an","","asset allocation that suits the precise nature","and duration of any exposure to risk of any","rights revenue invested and which does not","unduly prejudice any rights revenue owed","to rightholders. Moreover, in order to","ensure that the amounts due to rightholders","are appropriately and effectively","distributed, it is necessary to require","collecting societies to undertake diligent","and good faith reasonable measures to","identify and locate the relevant","rightholders. It is also appropriate to","provide for the approval by members of","collecting societies of the rules governing","any situation where, due to the lack of","identified or located rightholders, amounts","collected cannot be distributed."],"orig_lang":"fr","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"172","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Dimitar Stoyanov","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-381","justification":"The fact that the register is a public one will mean that rightholders are better informed and\ntherefore have greater freedom of choice.","location":[["Proposal for a directive","Article 12 \u2013 paragraph 1 a (new)"]],"meps":[34254],"meta":{"created":"2019-07-03T05:49:35"},"new":["1\u0430. Member States shall undertake to","maintain and update a public register of","collecting societies."],"orig_lang":"bg","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"381","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-173","location":[["Proposal for a directive","Recital 15"]],"meps":[28206],"meta":{"created":"2019-07-03T05:49:35"},"new":["(15) Collecting societies collect, manage","and distribute revenue from the","exploitation of the rights entrusted to them","by rightholders. This revenue is ultimately","due to rightholders who may be members","of that society, or another society. Accurate","distribution is only possible where","collecting societies maintain proper records","of membership, licences and use of works","and other subject matter. Where","appropriate, data should also be provided","by rightholders and users and verified by","the collecting societies. It is therefore","important that collecting societies exercise","the utmost diligence in collecting,","managing and distributing that revenue.","Amounts collected and due to rightholders","should be managed separately from any","own assets of the collecting society and, if","they are invested, pending their distribution","to rightholders, this should be carried out","in accordance with the investment policy","decided by the collecting societies\u2019 general","meeting. In order to maintain a high level","of protection for the rights of rightholders","and to ensure that any income which may","be derived from exploitation of their rights","accrues for the benefit of rightholders, the","investments made and held by the","collecting society should be managed in","accordance with criteria which would","oblige the collecting society to act","prudently, while allowing the collecting","society to decide on the most secure and","efficient investment policy. As the","collective management of rights by","collecting societies is not a profit-making","activity, these organisations should opt for","an asset allocation that is suitable in","terms of its precise nature and duration,","and avoids any exposure to risk of rights","revenue. This should allow the collecting","society to opt for an asset allocation that","suits the precise nature and duration of any","exposure to risk of any rights revenue","invested and which does not unduly","prejudice any rights revenue owed to","rightholders. Moreover, in order to ensure","that the amounts due to rightholders are","appropriately and effectively distributed, it","is necessary to require collecting societies","to undertake diligent and good faith","reasonable measures to identify and locate","the relevant rightholders. It is also","appropriate to provide for the approval by","members of collecting societies of the rules","governing any situation where, due to the","lack of identified or located rightholders,","amounts collected cannot be distributed."],"old":["(15) Collecting societies collect, manage","and distribute revenue from the","exploitation of the rights entrusted to them","by rightholders. This revenue is ultimately","due to rightholders who may be members","of that society, or another society. It is","therefore important that collecting","societies exercise the utmost diligence in","collecting, managing and distributing that","revenue. Accurate distribution is only","possible where collecting societies","maintain proper records of membership,","","licences and use of works and other subject","matter. Where appropriate, data should also","be provided by rightholders and users and","verified by the collecting societies.","Amounts collected and due to rightholders","should be managed separately from any","own assets of the collecting society and, if","they are invested, pending their distribution","to rightholders, this should be carried out","in accordance with the investment policy","decided by the collecting societies' general","meeting. In order to maintain a high level","of protection for the rights of rightholders","and to ensure that any income which may","be derived from exploitation of their rights","accrues for the benefit of rightholders, the","investments made and held by the","collecting society should be managed in","accordance with criteria which would","oblige the collecting society to act","prudently, while allowing the collecting","society to decide on the most secure and","efficient investment policy. This should","allow the colleting society to opt for an","asset allocation that suits the precise nature","and duration of any exposure to risk of any","rights revenue invested and which does not","unduly prejudice any rights revenue owed","to rightholders. Moreover, in order to","ensure that the amounts due to rightholders","are appropriately and effectively","distributed, it is necessary to require","collecting societies to undertake diligent","and good faith reasonable measures to","identify and locate the relevant","rightholders. It is also appropriate to","provide for the approval by members of","collecting societies of the rules governing","any situation where, due to the lack of","identified or located rightholders, amounts","collected cannot be distributed."],"orig_lang":"fr","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"173","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Cecilia Wikstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-382","location":[[" Proposal for a directive","Article 12 \u2013 paragraph 2"]],"meps":[96677],"meta":{"created":"2019-07-03T05:49:35"},"new":["2. Where the amounts due to rightholders","cannot be distributed, after three years","from the end of the financial year in which","the collection of the rights revenue","occurred, it shall be concluded that the","collective management organisation has","failed to accurately attribute the collected","funds to their respective rightholders.","This rights revenue shall then be","transferred to a fund designated by the","Member State in which the collective","management organisation has its seat.","This fund shall thereafter be responsible","for any claims from reappearing","rightholders and shall support goals in","accordance with those set out in Article","11(2). A collective management","organisation may not make any","deductions on rights revenue that are","transferred to this fund."],"old":["2. Where the amounts due to rightholders","cannot be distributed, after five years from","the end of the financial year in which the","collection of the rights revenue occurred,","and provided that the collecting society","has taken all necessary measures to","identify and locate the rightholders, the","collecting society shall decide 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 society."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"382","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-174","location":[["Proposal for a directive","Recital 15"]],"meps":[96945],"meta":{"created":"2019-07-03T05:49:35"},"new":["(15) Collecting societies collect, manage","and distribute revenue from the","exploitation of the rights entrusted to them","by rightholders. This revenue is ultimately","due to rightholders who may be members","of that society, or another society. It is","therefore important that collecting societies","exercise the utmost diligence in collecting,","managing and distributing that revenue.","Accurate distribution is only possible","where collecting societies maintain proper","and transparent records of membership,","licences and use of works and other subject","matter. Where appropriate, data should also","be provided by rightholders and users and","verified by the collecting societies.","Amounts collected and due to rightholders","should be managed separately from any","own assets of the collecting society and, if","they are invested, pending their distribution","to rightholders, this should be carried out","in accordance with the investment policy","decided by the collecting societies' general","meeting. In order to maintain a high level","of protection for the rights of rightholders","and to ensure that any income which may","be derived from exploitation of their rights","accrues for the benefit of rightholders, the","investments made and held by the","collecting society should be managed in","accordance with criteria which would","oblige the collecting society to act","prudently, while allowing the collecting","society to decide on the most secure and","efficient investment policy. This should","allow the colleting society to opt for a","secure and profitable asset allocation that","prevents exposure to risk of any rights","revenue invested and which does not","unduly prejudice any rights revenue owed","to rightholders. Moreover, in order to","ensure that the amounts due to rightholders","are appropriately and effectively","distributed, it is necessary to require","collecting societies to undertake diligent","and good faith reasonable measures to","identify and locate the relevant","rightholders. It is also appropriate to","provide for the approval by members of","collecting societies of the rules governing","any situation where, due to the lack of","identified or located rightholders, amounts","collected cannot be distributed."],"old":["(15) Collecting societies collect, manage","and distribute revenue from the","exploitation of the rights entrusted to them","by rightholders. This revenue is ultimately","due to rightholders who may be members","of that society, or another society. It is","therefore important that collecting societies","exercise the utmost diligence in collecting,","managing and distributing that revenue.","Accurate distribution is only possible","where collecting societies maintain proper","records of membership, licences and use of","works and other subject matter. Where","appropriate, data should also be provided","by rightholders and users and verified by","the collecting societies. Amounts collected","and due to rightholders should be managed","separately from any own assets of the","collecting society and, if they are invested,","pending their distribution to rightholders,","this should be carried out in accordance","with the investment policy decided by the","collecting societies' general meeting. In","order to maintain a high level of protection","for the rights of rightholders and to ensure","that any income which may be derived","from exploitation of their rights accrues for","the benefit of rightholders, the investments","made and held by the collecting society","should be managed in accordance with","criteria which would oblige the collecting","society to act prudently, while allowing the","collecting society to decide on the most","secure and efficient investment policy.","This should allow the colleting society to","opt for an asset allocation that suits the","","precise nature and duration of any","exposure to risk of any rights revenue","invested and which does not unduly","prejudice any rights revenue owed to","rightholders. Moreover, in order to ensure","that the amounts due to rightholders are","appropriately and effectively distributed, it","is necessary to require collecting societies","to undertake diligent and good faith","reasonable measures to identify and locate","the relevant rightholders. It is also","appropriate to provide for the approval by","members of collecting societies of the rules","governing any situation where, due to the","lack of identified or located rightholders,","amounts collected cannot be distributed."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"174","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Tiziano Motti","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-383","justification":"The Directive should provide that where the collecting society decides to distribute amounts\nrelating to unidentified rightholders, the collecting society ensures that the revenue is\ndistributed in proportion to the revenues received by rightholders for the relevant financial\nyear. In addition, in a number of countries the statutory prescription period for civil law\nclaims may be shorter or longer than five years, e.g. three or ten years. Therefore, the article\nshould allow collecting societies to distribute unidentified amounts before the five years\nperiod expires if the local law so allows and oblige the societies to make adequate provisions\nfor future claims if monies are distributed before the expiry of the longer statutory\nprescription period","location":[[" Proposal for a directive","Article 12 \u2013 paragraph 2"]],"meps":[96760],"meta":{"created":"2019-07-03T05:49:35"},"new":["2. Where the amounts due to rightholders","cannot be distributed, after five years from","the end of the financial year in which the","collection of the rights revenue occurred,","and provided that the collecting society has","taken all necessary measures to identify","and locate the rightholders, the collecting","society shall decide on the use of the","amounts concerned in accordance with","Article 7(5)(b), provided that the","collecting society ensures that the revenue","is distributed in proportion to the revenues","received by rightholders for the relevant","financial year. Collecting societies may","distribute amounts due to rightholders","who cannot be identified before expiration","of the five years period if allowed under","national law. Where, under national law,","the prescription period is longer than five","years, collecting societies shall make","adequate provisions for future claims."],"old":["2. Where the amounts due to rightholders","cannot be distributed, after five years from","the end of the financial year in which the","collection of the rights revenue occurred,","and provided that the collecting society has","taken all necessary measures to identify","and locate the rightholders, the collecting","","society shall decide 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 society."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"383","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Christian Engstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-175","justification":"See amended Article 12(2).","location":[[" Proposal for a directive","Recital 15 a (new)"]],"meps":[96676],"meta":{"created":"2019-07-03T05:49:35"},"new":["(15a) Where the amounts due to","rightholders cannot be distributed","because the collective management","organisation failed to identify and locate","the rightholders, it would provide a","disincentive for the collective","management organisation to be diligent in","its effort to locate the relevant","rightholders, if it was allowed to keep the","money and use it for other purposes.","Since Member States have primary","responsibility for cultural policy, it is","appropriate that the money that cannot be","distributed are paid to a fund set up and","managed for this purpose by the Member","State in which the money was collected.","The fund should thereafter be responsible","for any claims from reappearing","rightholders. In addition to that, each","Member State will decide how to use the","money in the fund for related purposes,","such as paying reappearing rightholders","in accordance with Directive 2012/28/EU","of the European Parliament and of the","Council of 25 October 2012 on certain","permitted uses of orphan works1,","digitising and restoring our cultural","heritage, and promoting cultural diversity.","______________","1","OJ L 299, 27.10.2012, p.5"],"old":[""],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"175","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Christian Engstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-384","justification":" Allowing the collecting society to keep the money would provide an incentive for the\n collecting society not to perform a true diligent search for the real rightholders. A fund\n managed by the Member State may also be beneficial in promoting cultural diversity. See\n recital 15a (new). Additionally, the suggested five years is a long period of time \u2013 it is very\n unlikely that a missing rights holder will be found after year three or four.","location":[["Proposal for a directive","Article 12 \u2013 paragraph 2"]],"meps":[96676],"meta":{"created":"2019-07-03T05:49:35"},"new":["2. Where the amounts due to rightholders","cannot be distributed, after three years","from the end of the financial year in which","the collection of the rights revenue","occurred, because the collective","management organisation failed to","identify and locate the rightholders, the","money shall be paid to a fund set up and","managed for this purpose by the Member","State in which the money was collected.","The fund is thereafter responsible for any","claims from reappearing rightholders."],"old":["2. Where the amounts due to rightholders","cannot be distributed, after five years from","the end of the financial year in which the","collection of the rights revenue occurred,","and provided that the collecting society","has taken all necessary measures to","identify and locate the rightholders, the","collecting society shall decide 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 society."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"384","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Angelika Niebler","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-176","justification":" The directive should emphasise that existing or future national provisions on extended\n collective licensing will remain unaffected, so that flexible rights-clarification measures can\n be taken at national level.","location":[["Proposal for a directive","Recital 16"]],"meta":{"created":"2019-07-03T05:49:35"},"new":["(16) Since rightholders are entitled to be","remunerated for the exploitation of their","rights, it is important for any deduction,","other than management fees or deductions","required by national law, to be decided by","the members of collecting societies and for","the societies to be transparent towards","rightholders regarding the rules governing","those deductions. Any such rightholder","should have access in a non-discriminatory","manner to any social, cultural or","educational service funded through such","deductions. However, this Directive should","not affect national law on any aspects that","are not regulated by this Directive. In","particular this Directive should not affect","existing or future national rules or","provisions concerning extended or","mandatory collective licensing,","presumptions of law concerning","substitution or transfer or a combination","thereof."],"old":["(16) Since rightholders are entitled to be","remunerated for the exploitation of their","rights, it is important for any deduction,","other than management fees or deductions","required by national law, to be decided by","the members of collecting societies and for","the societies to be transparent towards","rightholders regarding the rules governing","those deductions. Any such rightholder","should have access in a non-discriminatory","manner to any social, cultural or","educational service funded through such","deductions. However, this Directive should","not affect national law on any aspects that","are not regulated by this Directive.","",""],"orig_lang":"de","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"176","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Mary Honeyball","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-385","location":[[" Proposal for a directive","Article 12 \u2013 paragraph 2"]],"meps":[5846],"meta":{"created":"2019-07-03T05:49:35"},"new":["2. Where the amounts due to rightholders","have not been distributed, after three years","from the date of entry into force of this","Directive, and provided that the collecting","society has taken all necessary measures to","identify and locate the rightholders, the","collecting society shall decide 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 society."],"old":["2. Where the amounts due to rightholders","cannot be distributed, after five years from","the end of the financial year in which the","collection of the rights revenue occurred,","and provided that the collecting society has","taken all necessary measures to identify","and locate the rightholders, the collecting","society shall decide 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 society."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"385","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00f3zsef Sz\u00e1jer","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-177","location":[[" Proposal for a directive","Recital 16"]],"meps":[23821],"meta":{"created":"2019-07-03T05:49:36"},"new":["(16) Since rightholders are entitled to be","remunerated for the exploitation of their","rights, it is important for any deduction,","other than management fees or deductions","required by national law, to be decided by","the members of collecting societies and for","the societies to be transparent towards","rightholders regarding the rules governing","those deductions. Any such rightholder","should have access in a non-discriminatory","manner to any social, cultural or","educational activity funded through such","deductions."],"old":["(16) Since rightholders are entitled to be","remunerated for the exploitation of their","rights, it is important for any deduction,","other than management fees or deductions","required by national law, to be decided by","the members of collecting societies and for","the societies to be transparent towards","rightholders regarding the rules governing","those deductions. Any such rightholder","should have access in a non-discriminatory","manner to any social, cultural or","educational service funded through such","deductions. However, this Directive","should not affect national law on any","aspects that are not regulated by this","Directive."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"177","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sebastian Valentin Bodu","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-386","justification":"Where the collecting society decides to distribute amounts relating to unidentified\nrightholders, it should ensure that the revenue is distributed in proportion to those received\nby rightholders for that financial year. In some countries the statutory prescription period for\ncivil law claims may be different than five years. The article should allow collecting societies\nto distribute unidentified amounts before the five years period expires if the local law allows\nand oblige the societies to make provisions for future claims if money are distributed before\nthe expiry of the longer statutory prescription period.","location":[[" Proposal for a directive","Article 12 \u2013 paragraph 2"]],"meps":[39722],"meta":{"created":"2019-07-03T05:49:35"},"new":["2. Where the amounts due to rightholders","cannot be distributed, after five years from","the end of the financial year in which the","collection of the rights revenue occurred,","and provided that the collecting society has","taken all necessary measures to identify","and locate the rightholders, the collecting","society shall decide on the use of the","amounts concerned in accordance with","Article 7(5)(b), provided that the","collecting society ensures that the revenue","is distributed in proportion to the revenues","received by rightholders for the relevant","financial year. Collecting societies may","distribute amounts due to rightholders","who cannot be identified before expiration","of the five years period if allowed under","national law. Where, under national law,","the prescription period is longer than five","years, collecting societies shall make","adequate provisions for future claims."],"old":["2. Where the amounts due to rightholders","cannot be distributed, after five years from","the end of the financial year in which the","collection of the rights revenue occurred,","and provided that the collecting society has","taken all necessary measures to identify","and locate the rightholders, the collecting","society shall decide 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 society."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"386","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean-Marie Cavada, Piotr Borys","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-178","location":[["Proposal for a directive","Recital 16 a (new)"]],"meps":[28206,96799],"meta":{"created":"2019-07-03T05:49:36"},"new":["(16a) This Directive is without prejudice","to arrangements in the Member States","concerning extended or compulsory","collective licensing, legal presumptions of","representation or transfer, or a","combination of these elements."],"orig_lang":"fr","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"178","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sajjad Karim","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-387","location":[["Proposal for a directive","Article 12 \u2013 paragraph 2"]],"meps":[28481],"meta":{"created":"2019-07-03T05:49:36"},"new":["2. Where the amounts due to rightholders","cannot be distributed, after not less than","three years from the end of the financial","year in which the collection of the rights","revenue occurred, and provided that the","collective management organisation has","taken all necessary measures to identify","and locate the rightholders, Member States","shall specify to whom the undistributed","monies shall be paid and shall ensure that","the distribution takes place without","prejudice to the right of the rightholder to","claim such amounts from the collective","management organisation in accordance","with the laws of the Member States on the","statute of limitation claims."],"old":["2. Where the amounts due to rightholders","cannot be distributed, after five years from","the end of the financial year in which the","collection of the rights revenue occurred,","and provided that the collecting society has","taken all necessary measures to identify","and locate the rightholders, the collecting","society shall decide 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 society."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"387","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00f3zsef Sz\u00e1jer","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-179","location":[["Proposal for a directive","Recital 17"]],"meps":[23821],"meta":{"created":"2019-07-03T05:49:36"},"new":["(17) Collecting societies may manage","rights and collect revenue from their","exploitation (\u2018rights revenue\u2019) under","representation agreements with other","societies. To protect the rights of the","members of the other collecting societies, a","society should not distinguish between the","rights it manages under representation","agreements and those it manages directly","for its rightholders. Nor should the","collecting society be allowed to apply","deductions to the rights revenue collected","on behalf of another collecting society","without the other society's consent."],"old":["(17) Collecting societies may manage","rights and collect revenue from their","exploitation (\u2018rights revenue\u2019) under","representation agreements with other","societies. To protect the rights of the","members of the other collecting societies, a","society should not distinguish between the","rights it manages under representation","agreements and those it manages directly","for its rightholders. Nor should the","collecting society be allowed to apply","deductions to the rights revenue collected","on behalf of another collecting society","without the other society's express consent."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"179","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marielle Gallo","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-388","location":[[" Proposal for a directive","Article 12 \u2013 paragraph 2 \u2013 subparagraph 1 (new)"]],"meta":{"created":"2019-07-03T05:49:36"},"new":["Rightholders shall have the right to claim","payment of these amounts within the","periods and according to the procedures","laid down by the applicable national law."],"orig_lang":"fr","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"388","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Cecilia Wikstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-180","location":[[" Proposal for a directive","Recital 18"]],"meps":[96677],"meta":{"created":"2019-07-03T05:49:36"},"new":["(18) Fair commercial terms in licensing are","particularly important to ensure that users","can license the works and other protected","subject-matter for which a collective","management organisation represents","rights and to ensure the remuneration of","rightholders. Collective management","organisations and users should therefore","conduct licensing negotiations in good","faith and apply tariffs determined on the","basis of objective criteria. The Court of","Justice of the European Union has issued","several rulings regarding the use of rights","and tariffs. This Directive seeks to codify","the existing case law of the Court of","Justice of the European Union in this","area. In order to guarantee timely","negotiations between users requesting","licences and collective management","organisations a requirement should be","placed on collective management","organisations to respond to a demand for","a licence within 14 days, and with a full","proposal for a licence within 60 days of","receiving a request for licence with all the","relevant information. The collective","management organisation shall be","responsible to communicate what","information it needs to provide a proposal.","In the event that a user has not","transmitted all information required by a","collective management organisation to","provide a proposal for a licence the","collective management organisation shall","indicate to the user what additional","information it needs. Once the collective","management organisation has received all","the required information from the user it","should inform the user of this fact and the","collective rights management","organisation has 60 days from this point","to provide a proposal for a licence. A","collective management organisation has","an obligation to seriously assess all","demands for licences but these provisions","should not prejudice a collective","management organisations' right to","refuse to licence a particular service."],"old":["(18) Fair commercial terms in licensing are","particularly important to ensure that users","can license the works and other protected","subject-matter for which a collecting","society represents rights and to ensure the","remuneration of rightholders. Collecting","societies and users should therefore","conduct licensing negotiations in good","faith and apply tariffs determined on the","basis of objective criteria.",""],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"180","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-389","location":[[" Proposal for a directive","Article 12 \u2013 paragraph 2 a (new)"]],"meps":[28206],"meta":{"created":"2019-07-03T05:49:36"},"new":["2a. Sums which have not been claimed by","rightholders upon the expiry of a period","which may not exceed three years and","which have not therefore been distributed","must be reinvested in economic or social","measures in the cultural and creative","sector. It shall be for the general meeting,","acting in accordance with Article 7(5)(b),","to determine how these sums shall be","spent.","Furthermore, the general meeting may","also decide to earmark some of the sums","collected by the collecting society each","year for measures to support the creation","and dissemination of works, training, the","safeguarding and promotion of the","interests of rightholders and, more","generally, measures to foster cultural and","artistic diversity."],"orig_lang":"fr","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"389","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Christian Engstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-390","justification":" Unless publishing the list of works is specified in terms of time, collective management\n organisations may postpone doing so indefinitely.","location":[["Proposal for a directive","Article 12 \u2013 paragraph 3"]],"meps":[96676],"meta":{"created":"2019-07-03T05:49:36"},"new":["3. For the purposes of paragraph 2, the","collective management organisation shall","put in place effective measures to identify","and locate rightholders while ensuring","appropriate safeguards to deter fraud.","Such measures shall include verifying","membership records and making available","regularly and at least annually to the","members of the collective management","organisation as well as to the public a list","of works and other subject matter for","which one or more rightholders have not","been identified or located."],"old":["3. For the purposes of paragraph 2,","measures to identify and locate","rightholders shall include verifying","membership records and making available","to the members of the collecting society as","well as to the public a list of works and","other subject matter for which one or more","rightholders have not been identified or","located.","",""],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"390","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-181","location":[["Proposal for a directive","Recital 18"]],"meps":[96945],"meta":{"created":"2019-07-03T05:49:36"},"new":["(18) Fair commercial terms in licensing are","particularly important to ensure that users","can license the works and other protected","subject-matter for which a collecting","society represents rights and to ensure the","remuneration of rightholders. Collecting","societies and users should therefore","conduct licensing negotiations in good","faith and apply tariffs determined on the","basis of objective and non-discriminatory","criteria."],"old":["(18) Fair commercial terms in licensing are","particularly important to ensure that users","can license the works and other protected","subject-matter for which a collecting","society represents rights and to ensure the","remuneration of rightholders. Collecting","societies and users should therefore","conduct licensing negotiations in good","faith and apply tariffs determined on the","basis of objective criteria."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"181","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-391","location":[[" Proposal for a directive","Article 12 \u2013 paragraph 3"]],"meps":[96945],"meta":{"created":"2019-07-03T05:49:36"},"new":["3. For the purposes of paragraph 2, the","collecting society shall put in place","effective measures to identify and locate","rightholders while ensuring appropriate","safeguards to deter fraud. Such measures","shall include verifying membership records","and making available regularly and at","least annually to the members of the","collecting society as well as to the public a","list of works and other subject matter for","which one or more rightholders have not","been identified or located."],"old":["3. For the purposes of paragraph 2,","measures to identify and locate","rightholders shall include verifying","membership records and making available","to the members of the collecting society as","well as to the public a list of works and","other subject matter for which one or more","rightholders have not been identified or","located."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"391","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-182","location":[["Proposal for a directive","Recital 18 a (new)"]],"meps":[96945],"meta":{"created":"2019-07-03T05:49:36"},"new":["(18a) To enhance transparency and","prevent situations where users receive","more than one invoice for the same rights","in the same works, collecting societies","should be required to cooperate closely","among themselves. This cooperation","should include pooling of information on","licences and use of works in a common","database, coordinated and joint invoicing","and collecting of rights revenues."],"old":[""],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"182","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Cecilia Wikstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-392","justification":"In cases management fees have generated a surplus in the CMO the members should have the\noption of transferring parts (or all) of this surplus to the cultural fund referred to in Article\n12(2).","location":[[" Proposal for a directive","Article 12 \u2013 paragraph 3 a (new)"]],"meps":[96677],"meta":{"created":"2019-07-03T05:49:36"},"new":["3a. Where a collective management","organisation has applied management","fees that have been higher than what has","been necessary to cover the cost of","managing the rights these revenues may","be transferred to the fund referred to in","paragraph 2."],"old":["",""],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"392","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00f3zsef Sz\u00e1jer","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-183","location":[[" Proposal for a directive","Recital 19"]],"meps":[23821],"meta":{"created":"2019-07-03T05:49:36"},"new":["(19) To enhance the trust of rightholders,","users and other collecting societies in the","management activities performed by","collecting societies, each collecting society","should be required to set up specific","transparency measures. Each collecting","society should therefore inform individual","rightholders of the amounts paid to them","and the corresponding deductions made.","They should also be required to provide","sufficient information, including financial","information, to the other collecting","societies whose rights they manage through","representation agreements. Each collecting","society should also make public enough","information to ensure that rightholders,","users and other collecting societies","understand how it is structured and how it","carries out its activities. Collecting","societies should in particular disclose to","rightholders, users and other collecting","societies the scope of their repertoire and","their rules on fees, deductions and tariffs."],"old":["(19) To enhance the trust of rightholders,","users and other collecting societies in the","management services provided by","collecting societies, each collecting society","should be required to set up specific","transparency measures. Each collecting","society should therefore inform individual","rightholders of the amounts paid to them","and the corresponding deductions made.","They should also be required to provide","sufficient information, including financial","information, to the other collecting","societies whose rights they manage through","representation agreements. Each collecting","society should also make public enough","information to ensure that rightholders,","users and other collecting societies","understand how it is structured and how it","carries out its activities. Collecting","societies should in particular disclose to","rightholders, users and other collecting","societies the scope of their repertoire and","their rules on fees, deductions and tariffs."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"183","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Fran\u00e7oise Castex","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-393","justification":"While Title III on multi-territorial licensing of online rights to musical works applies only to\nmusical societies, the directive should encourage societies in other sectors to work together to\ndevelop multi-territorial licenses adapted to their own sector, including in the audiovisual\nfield.","location":[["Proposal for a directive","Article 12 a (new)"]],"meps":[28148],"meta":{"created":"2019-07-03T05:49:36"},"new":["Article 12 a","Collecting societies shall be encouraged to","cooperate with each other in the area of","rights management to facilitate, improve","and simplify the procedures for licensing","users under equal and transparent","conditions and to offer multi-territorial","licenses, in particular, in areas other than","those referred to in Title III."],"orig_lang":"fr","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"393","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Cecilia Wikstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-184","location":[["Proposal for a directive","Recital 19 a (new)"]],"meps":[96677],"meta":{"created":"2019-07-03T05:49:36"},"new":["(19a) To make it easier for collective","management organisations to perform","their task, users and producers should be","required to provide within a reasonable","period, information in their possession on","the use of rights, categories of rights,","works, categories of works or other","subject matter which the collective","management organisations represent."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"184","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Silvia-Adriana \u0142ic\u0103u","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-394","location":[[" Proposal for a directive","Article 13 \u2013 paragraph 1"]],"meps":[36281],"meta":{"created":"2019-07-03T05:49:36"},"new":["Member States shall ensure that a","collecting society does not discriminate","between its members and any rightholders","whose rights it manages under a","representation agreement, in particular with","respect to applicable tariffs, management","fees, and the conditions for the collection","of the rights revenue and distribution of the","amounts due to rightholders, and the","deductions applicable to the rights","revenue referred to in point (e) of Article","16."],"old":["Member States shall ensure that a","collecting society does not discriminate","between its members and any rightholders","whose rights it manages under a","representation agreement, in particular with","respect to applicable tariffs, management","fees, and the conditions for the collection","of the rights revenue and distribution of the","amounts due to rightholders."],"orig_lang":"ro","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"394","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Fran\u00e7oise Castex","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-185","location":[["Proposal for a directive","Recital 19 a (new)"]],"meps":[28148],"meta":{"created":"2019-07-03T05:49:36"},"new":["(19a) To make it easier for the collecting","societies of authors, editors, performers","and producers to perform their task, users","and producers should be required to","provide, within a reasonable period and at","no cost, information on the use of rights,","rightholders, works, categories of works","or other subject matter which the","collecting societies represent."],"orig_lang":"fr","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"185","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Pawe\u0142 Zalewski","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-395","location":[[" Proposal for a directive","Article 14 \u2013 paragraph 1"]],"meps":[96777],"meta":{"created":"2019-07-03T05:49:36"},"new":["1. Member States shall ensure that a","collective management organisation does","not apply deductions, other than","reasonable management fees, to the rights","revenue derived from the rights it manages","on the basis of a representation agreement,","and to any income arising from the","investment of that rights revenue."],"old":["1. The collecting society shall not apply","deductions, other than management fees, to","the rights revenue derived from the rights it","manages on the basis of a representation","agreement with another collecting society,","unless the other collecting society","expressly consents to such deductions."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"395","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00f3zsef Sz\u00e1jer","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-186","location":[["Proposal for a directive","Recital 20"]],"meps":[23821],"meta":{"created":"2019-07-03T05:49:36"},"new":["(20) To ensure that rightholders are in a","position to monitor the performance of","their collecting societies and compare their","respective performance, collecting","societies should make public an annual","transparency report comprising comparable","audited financial information specific to","the activities of collecting societies.","Collecting societies should also make","public an annual special report on the use","of amounts dedicated to social, cultural and","educational activities. To avoid imposing","excessive burden on smaller collecting","societies 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 societies from certain","transparency obligations."],"old":["(20) To ensure that rightholders are in a","position to monitor the performance of","their collecting societies and compare their","respective performance, collecting","societies should make public an annual","transparency report comprising comparable","audited financial information specific to","the activities of collecting societies.","Collecting societies should also make","public an annual special report on the use","of amounts dedicated to social, cultural and","educational services. To avoid imposing","excessive burden on smaller collecting","societies 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 societies from certain","transparency obligations."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"186","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00f3zsef Sz\u00e1jer","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-396","location":[["Proposal for a directive","Article 14 \u2013 paragraph 1"]],"meps":[23821],"meta":{"created":"2019-07-03T05:49:36"},"new":["1. The collecting society shall not apply","deductions, other than management fees, to","the rights revenue derived from the rights it","manages on the basis of a representation","agreement with another collecting society,","unless the other collecting society consents","to such deductions."],"old":["1. The collecting society shall not apply","deductions, other than management fees, to","the rights revenue derived from the rights it","manages on the basis of a representation","agreement with another collecting society,","unless the other collecting society","expressly consents to such deductions."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"396","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-187","location":[[" Proposal for a directive","Recital 20"]],"meps":[96945],"meta":{"created":"2019-07-03T05:49:36"},"new":["(20) To ensure that rightholders are in a","position to monitor the performance of","their collecting societies and compare their","respective performance, collecting","societies should make public an annual","transparency report comprising comparable","audited financial information specific to","the activities of collecting societies.","Collecting societies should also make","public an annual special report on the use","of amounts dedicated to social, cultural and","educational services."],"old":["(20) To ensure that rightholders are in a","position to monitor the performance of","their collecting societies and compare their","respective performance, collecting","societies should make public an annual","transparency report comprising comparable","audited financial information specific to","the activities of collecting societies.","Collecting societies should also make","public an annual special report on the use","of amounts dedicated to social, cultural and","educational services. To avoid imposing","excessive burden on smaller collecting","","societies 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 societies from certain","transparency obligations."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"187","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Tadeusz Zwiefka, Piotr Borys, Lidia Joanna Geringer de Oedenberg","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-397","location":[["Proposal for a directive","Article 14 \u2013 paragraph 1"]],"meps":[28301,96799,28377],"meta":{"created":"2019-07-03T05:49:36"},"new":["1. Member States shall ensure that a","collective management organisation does","not apply deductions, other than","management fees, to the rights revenue","derived from the rights it manages on the","basis of a representation agreement, and to","any income arising from the investment of","that rights revenue."],"old":["1. The collecting society shall not apply","deductions, other than management fees, to","the rights revenue derived from the rights it","manages on the basis of a representation","agreement with another collecting society,","unless the other collecting society","expressly consents to such deductions."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"397","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00f3zsef Sz\u00e1jer","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-188","location":[["Proposal for a directive","Recital 21"]],"meps":[23821],"meta":{"created":"2019-07-03T05:49:36"},"new":["(21) The providers of online services","which make use of musical works, such as","music services that allow consumers to","download music or to listen to it in","streaming mode, as well as other services","providing access to films or games where","music is an important element, must first","obtain the right to use such works.","Directive 2001/29/EC of the European","Parliament and of the Council of 22 May","2001 on the harmonisation of certain","aspects of copyright and related rights in","the information society requires a licence","for each of the rights in the online","exploitation of musical works. These rights","are the exclusive right of reproduction and","the exclusive right of communication to the","public of musical works, which includes","the right of making available. They may be","managed by the individual rightholders","themselves, such as authors or music","publishers, or by collecting societies that","perform collective management activities","to rightholders. Different collecting","societies may manage the reproduction and","the communication to the public rights of","authors. Furthermore, there are instances","where several rightholders have rights in","the same work and may have authorised","different collecting societies to license their","respective shares of rights in the work. Any","user wishing to provide an online service","offering a wide choice of musical works to","consumers, would need to aggregate rights","in works from different rightholders and","collecting societies."],"old":["(21) The providers of online services","which make use of musical works, such as","music services that allow consumers to","download music or to listen to it in","streaming mode, as well as other services","providing access to films or games where","music is an important element, must first","obtain the right to use such works.","Directive 2001/29/EC of the European","Parliament and of the Council of 22 May","2001 on the harmonisation of certain","aspects of copyright and related rights in","the information society requires a licence","for each of the rights in the online","exploitation of musical works. These rights","are the exclusive right of reproduction and","the exclusive right of communication to the","public of musical works, which includes","the right of making available. They may be","managed by the individual rightholders","themselves, such as authors or music","publishers, or by collecting societies that","provide collective management services to","rightholders. Different collecting societies","may manage the reproduction and the","communication to the public rights of","authors. Furthermore, there are instances","where several rightholders have rights in","the same work and may have authorised","","different collecting societies to license their","respective shares of rights in the work. Any","user wishing to provide an online service","offering a wide choice of musical works to","consumers, would need to aggregate rights","in works from different rightholders and","collecting societies."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"188","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-398","location":[["Proposal for a directive","Article 14 \u2013 paragraph 2"]],"meps":[96945],"meta":{"created":"2019-07-03T05:49:36"},"new":["2. The collecting society shall regularly,","diligently, accurately and without undue","delay distribute and pay amounts due to","other collecting societies."],"old":["2. The collecting society shall regularly,","diligently and accurately distribute and","","pay amounts due to other collecting","societies."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"398","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Cecilia Wikstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-189","location":[[" Proposal for a directive","Recital 24"]],"meps":[96677],"meta":{"created":"2019-07-03T05:49:36"},"new":["(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","collective management organisations, in","an increasingly cross-border context. In","order to allow the aggregation of a","multiplicity of repertoires and to be able to","grant multi-repertoire and multi-","territorial licences, collective management","organisations should have the possibility","to conclude representation agreements","with other collective management","organisations for the coordination and","efficiency of such licenses under equal","and non-discriminatory terms. It is","appropriate to provide for a set of rules","coordinating basic conditions for the","provision by collective management","organisations of multi-territorial collective","licensing of authors' online rights in","musical works. These provisions should","ensure the necessary minimum quality of","the cross-border services provided by","collective management 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 collective","management organisation to request","another collective management","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 organisation,","provided that it aggregates repertoire and","offers or grants multi-territorial licences, to","accept the mandate of the requesting","organisation. The development of legal","online music services across the Union","should also contribute to the fight against","piracy."],"old":["(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 societies, 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 societies of multi-","territorial collective licensing of authors'","online rights in musical works. These","provisions should ensure the necessary","minimum quality of the cross-border","services provided by collecting societies,","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 society to request another","collecting society 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."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"189","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00f3zsef Sz\u00e1jer","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-399","location":[[" Proposal for a directive","Article 15 \u2013 paragraph 1"]],"meps":[23821],"meta":{"created":"2019-07-03T05:49:36"},"new":["1. Collecting societies and users shall","conduct negotiations for the licensing of","rights in good faith including the provision","of all necessary information on their","respective activities."],"old":["1. Collecting societies and users shall","conduct negotiations for the licensing of","rights in good faith including the provision","of all necessary information on their","respective services."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"399","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00f3zsef Sz\u00e1jer","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-190","location":[["Proposal for a directive","Recital 24"]],"meps":[23821],"meta":{"created":"2019-07-03T05:49:36"},"new":["(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 societies, 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 societies of multi-","territorial collective licensing of authors'","online rights in musical works. These","provisions should ensure the necessary","minimum quality of the cross-border","activities performed by collecting","societies, 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","society to request another collecting","society 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."],"old":["(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 societies, 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 societies of multi-","territorial collective licensing of authors'","online rights in musical works. These","provisions should ensure the necessary","minimum quality of the cross-border","services provided by collecting societies,","","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","society to request another collecting","society 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."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"190","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Cecilia Wikstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-400","justification":"Users as well as rightholders should have a right to demand that CMOs are rapid when it\ncomes to responding to demands for licensing and that they deliver a license. A CMO could\nhowever not be expected to deliver a proposal for a license without getting the information it\nneeds from the user, which should in turn be entitled to clear information about what\ninformation the CMO will need. Also a CMO can not be forced to license a specific service as\nthis would violate the rights of rightholders. The CMO should however have to issue a\nreasoned statement on why it has refused to license the service for the information of users,\nand pursuant to a new provision in article 16 rightsholders represented by the CMO.","location":[[" Proposal for a directive","Article 15 \u2013 paragraph 1 a (new)"]],"meps":[96677],"meta":{"created":"2019-07-03T05:49:36"},"new":["1a. A collective management organisation","shall respond to a user requesting a","license within a maximum period of 14","days indicating inter alia the information","needed for the collective management","organisation to provide a proposal for a","licence. Upon receipt of this information","by the collective management","organisation it shall promptly give the","user a notice of whether it has received all","relevant information or specify what","additional information it needs in order to","provide a proposal for a licence. A","collective management organisation shall","either propose a license or give a reasoned","statement of why it does not intend to","licence a particular service within 60 days","of receiving a request for a license with","all the relevant information."],"old":[""],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"400","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-191","location":[[" Proposal for a directive","Recital 24"]],"meps":[96945],"meta":{"created":"2019-07-03T05:49:36"},"new":["(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 societies, 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 societies of multi-","territorial collective licensing of authors'","online rights in musical works. These","provisions should ensure the necessary","minimum quality of the cross-border","services provided by collecting societies,","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","society to request another collecting","society 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","content services across the Union will","provide an alternative to online content","over which no copyright fees are paid."],"old":["(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 societies, 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 societies of multi-","territorial collective licensing of authors'","online rights in musical works. These","provisions should ensure the necessary","minimum quality of the cross-border","services provided by collecting societies,","","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","society to request another collecting","society 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."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"191","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Pawe\u0142 Zalewski","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-401","location":[["Proposal for a directive","Article 15 \u2013 paragraph 1 a (new)"]],"meps":[96777],"meta":{"created":"2019-07-03T05:49:37"},"new":["1a. Member States shall ensure that users","provide a collective management","organisation, without undue delay, with","the information on the use of the rights","represented by the collective management","organisation that is necessary for the","collection of rights revenue and for the","distribution and payment of amounts due","to rightholders. Member States shall","ensure that collective management","organisations have the right to request the","above information from users. When","necessary, this information should be","provided in an electronic form allowing","for its processing by the collective","management organisation."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"401","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-192","location":[["Proposal for a directive","Recital 25"]],"meps":[96945],"meta":{"created":"2019-07-03T05:49:36"},"new":["(25) The availability of accurate and","comprehensive information on the musical","works, rightholders and the rights that each","collecting society is authorised to represent","in a given Member State is of particular","importance for an effective and transparent","licensing process, for the subsequent","monitoring of the use of licensed rights and","the related invoicing of service providers","as well as for the distribution of amounts","due to rightholders. For this reason,","collecting societies granting multi-","territorial licences for musical works","should be able to process such detailed data","quickly and accurately. This requires the","use of continually updated databases on","ownership of rights that are licensed on a","multi-territorial basis, containing data that","allow for the identification of works,","rights, rightholders and Member States","which a collecting society is authorised to","represent. These databases should also help","to match information on works with","information on phonograms or any other","fixation in which the work has been","incorporated. It is also important to ensure","that users, consumers, prospective","licensees and rightholders have access to","the information they need to identify the","repertoire that those collecting societies are","representing, without prejudice to any","measure these societies may be entitled to","take to protect the accuracy and integrity of","the data, to control its reuse and to protect","personal data and commercially sensitive","information."],"old":["(25) The availability of accurate and","comprehensive information on the musical","works, rightholders and the rights that each","collecting society is authorised to represent","in a given Member State is of particular","importance for an effective and transparent","licensing process, for the subsequent","monitoring of the use of licensed rights and","the related invoicing of service providers","as well as for the distribution of amounts","due to rightholders. For this reason,","collecting societies granting multi-","territorial licences for musical works","should be able to process such detailed data","","quickly and accurately. This requires the","use of continually updated databases on","ownership of rights that are licensed on a","multi-territorial basis, containing data that","allow for the identification of works,","rights, rightholders and Member States","which a collecting society is authorised to","represent. These databases should also help","to match information on works with","information on phonograms or any other","fixation in which the work has been","incorporated. It is also important to ensure","that prospective licensees and rightholders","have access to the information they need to","identify the repertoire that those collecting","societies are representing, without","prejudice to any measure these societies","may be entitled to take to protect the","accuracy and integrity of the data, to","control its reuse and to protect personal","data and commercially sensitive","information."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"192","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Pawe\u0142 Zalewski","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-402","location":[[" Proposal for a directive","Article 15 \u2013 paragraph 2 \u2013 subparagraph 1"]],"meps":[96777],"meta":{"created":"2019-07-03T05:49:37"},"new":["Licensing terms shall be based on objective","and non-discriminatory criteria, in","particular in relation to tariffs. Tariffs for","exclusive rights and rights to","remuneration shall reflect in particular,","the economic value of the use of the rights","in trade, the nature and scope of the use","of the work and other subject matter."],"old":["Licensing terms shall be based on","objective criteria, in particular in relation to","tariffs."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"402","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-193","location":[[" Proposal for a directive","Recital 26"]],"meps":[96945],"meta":{"created":"2019-07-03T05:49:36"},"new":["(26) To ensure that the data on the music","repertoire they process is as accurate as","possible, collecting societies granting","multi-territorial licences of musical works","should be required to update their","databases continuously and without delay.","They should establish easily accessible","procedures to enable rightholders and other","collecting societies whose repertoire they","may represent, users and consumers to","inform them about any inaccuracy that the","collecting societies databases may contain","in respect of works they own or control,","including rights \u2013 in whole or in part \u2013 and","Member States for which they have","mandated the relevant collecting society to","act. They should also have the capacity to","process electronically the registration of","works and authorisations to manage rights.","Given the importance of information","automation for the fast and effective","processing of data, collecting societies","should provide for the use of electronic","means for the structured communication of","that information by rightholders. Collecting","societies should, as far as possible, ensure","that such electronic means take into","account the relevant industry standards or","practices developed at international level or","at the level of the Union."],"old":["(26) To ensure that the data on the music","repertoire they process is as accurate as","possible, collecting societies granting","multi-territorial licences of musical works","should be required to update their","databases continuously and without delay.","They should establish easily accessible","procedures to enable rightholders and other","collecting societies whose repertoire they","may represent to inform them about any","inaccuracy that the collecting societies","databases may contain in respect of works","they own or control, including rights \u2013 in","","whole or in part \u2013 and Member States for","which they have mandated the relevant","collecting society to act. They should also","have the capacity to process electronically","the registration of works and authorisations","to manage rights. Given the importance of","information automation for the fast and","effective processing of data, collecting","societies should provide for the use of","electronic means for the structured","communication of that information by","rightholders. Collecting societies should, as","far as possible, ensure that such electronic","means take into account the relevant","industry standards or practices developed","at international level or at the level of the","Union."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"193","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00f3zsef Sz\u00e1jer","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-194","location":[["Proposal for a directive","Recital 27"]],"meps":[23821],"meta":{"created":"2019-07-03T05:49:36"},"new":["(27) Industry standards for music usage,","sales reporting and invoicing are","instrumental in improving the efficiency in","the exchange of data between collective","management organisations and users. The","monitoring of the use of licences should","respect fundamental rights, including the","right to respect for private and family life","and the right to protection of personal","data. To ensure that these efficiency gains","result in faster financial processing and","ultimately in earlier payments to","rightholders, collective management","organisations should be required to","invoice service providers and to distribute","amounts due to rightholders without delay.","For this requirement to be effective, it is","necessary that licensees make every effort","to provide collective management","organisations with accurate and timely","reports on the use of works. Collective","management organisations should not be","required to accept users' reports in","proprietary formats when widely used","industry standards are available."],"old":["(27) Digital technology allows the","automated monitoring by collecting","societies of the use by the licensee of the","licensed musical works and facilitates","invoicing. Industry standards for music","usage, sales reporting and invoicing are","instrumental to improve the efficiency in","the exchange of data between collecting","societies and users. The monitoring of the","use of licences should respect fundamental","rights, namely the right to respect of","private and family life and data protection.","To ensure that these efficiency gains result","in faster financial processing and","ultimately in earlier payments to","rightholders, collecting societies should be","required to invoice service providers and to","distribute amounts due to rightholders","","without delay. For this requirement to be","effective, it is necessary that licensees","make every effort to provide collecting","societies with accurate and timely reports","on the use of the works. Collecting","societies should not be required to accept","users' reports in proprietary formats when","widely used industry standards are","available."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"194","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Christian Engstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-403","justification":" ECJ ruling in the Case C-52/07 Kanal 5 and TV4 v. STIM. In accordance with Article 102 of\n\nthe TFEU, imposing, directly or indirectly, unfair prices may be considered an abuse of a\ndominant position which is incompatible with the internal market and thus prohibited.","location":[[" Proposal for a directive","Article 15 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meps":[96676],"meta":{"created":"2019-07-03T05:49:37"},"new":["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, tariffs set by collective","management organisations shall be","reasonable in relation to the economic","value of the use of the rights in trade and","of the service provided by the collective","management organisation."],"old":["Tariffs for exclusive rights shall reflect the","economic value of the rights in trade and of","the service provided by the collecting","society."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"403","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-195","location":[[" Proposal for a directive","Recital 27"]],"meps":[96945],"meta":{"created":"2019-07-03T05:49:36"},"new":["(27) Digital technology allows the","automated monitoring by collecting","societies of the use by the licensee of the","licensed musical works and facilitates","invoicing. Industry standards for music","usage, sales reporting and invoicing are","instrumental to improve the efficiency in","the exchange of data between collecting","societies and users. The monitoring of the","use of licences should respect fundamental","rights, namely the right to respect of","private and family life and data protection.","To ensure that these efficiency gains result","in faster financial processing and","ultimately in earlier payments to","rightholders, collecting societies should be","required to establish cooperation","procedures among themselves so as to","ensure that each user receives a single","joint invoice and to distribute amounts due","to rightholders without delay. For this","requirement to be effective, it is necessary","that licensees make every effort to provide","collecting societies with accurate and","timely reports on the use of the works.","Collecting societies should not be required","to accept users' reports in proprietary","formats when widely used industry","standards are available."],"old":["(27) Digital technology allows the","automated monitoring by collecting","societies of the use by the licensee of the","licensed musical works and facilitates","invoicing. Industry standards for music","usage, sales reporting and invoicing are","instrumental to improve the efficiency in","the exchange of data between collecting","societies and users. The monitoring of the","use of licences should respect fundamental","rights, namely the right to respect of","private and family life and data protection.","To ensure that these efficiency gains result","in faster financial processing and","ultimately in earlier payments to","rightholders, collecting societies should be","required to invoice service providers and to","distribute amounts due to rightholders","without delay. For this requirement to be","effective, it is necessary that licensees","make every effort to provide collecting","societies with accurate and timely reports","on the use of the works. Collecting","societies should not be required to accept","users' reports in proprietary formats when","widely used industry standards are","","available."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"195","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00f3zsef Sz\u00e1jer","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-404","location":[["Proposal for a directive","Article 15 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meps":[23821],"meta":{"created":"2019-07-03T05:49:37"},"new":["Tariffs for exclusive rights and rights to","remuneration shall reflect in particular,","the economic value of the use of the rights,","the nature and scope of the use of the","work and other subject matter in the","particular context."],"old":["Tariffs for exclusive rights shall reflect the","economic value of the rights in trade and","of the service provided by the collecting","society."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"404","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00f3zsef Sz\u00e1jer","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-196","location":[["Proposal for a directive","Recital 28"]],"meps":[23821],"meta":{"created":"2019-07-03T05:49:37"},"new":["(28) Sharing or consolidation of back","office capabilities should help the","collecting societies to improve","management activities and rationalise","investments in data management tools."],"old":["(28) Access to and handling of large","amounts of data, and a high technical","capability are necessary to provide high","quality management services by collecting","societies granting multi-territorial","collective licences. Collecting societies","should not be prevented from outsourcing","services relating to the granting of multi-","territorial licences for online rights in","musical works, provided that their liability","towards rightholders, online services","providers or other collecting societies is","unaffected and data protection obligations","as set out in Article 17 of 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 are","respected. Sharing or consolidation of back","office capabilities should help the","collecting societies to improve","management services and rationalise","investments in data management tools."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"196","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Arlene McCarthy","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-405","justification":"Both exclusive and remuneration rights should be decided according to the economic value of\nthe rights in trade.","location":[["Proposal for a directive","Article 15 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meps":[2173],"meta":{"created":"2019-07-03T05:49:37"},"new":["The tariffs applied shall reflect the","economic value of the rights in trade and of","the service provided by the collecting","society."],"old":["Tariffs for exclusive rights shall reflect","the economic value of the rights in trade","and of the service provided by the","collecting society."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"405","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-197","location":[[" Proposal for a directive","Recital 29"]],"meps":[96945],"meta":{"created":"2019-07-03T05:49:37"},"new":["(29) Aggregating of different music","repertoires for multi-territorial licensing","facilitates the licensing process and, by","making all repertoires accessible to the","market for multi-territorial licensing,","enhances cultural diversity and contributes","to reducing the number of transactions an","online service provider needs in order to","offer that service. That aggregation of","repertoires should facilitate the","development of new online services, and","should also result in a reduction of","transaction costs that are passed on to","consumers. Therefore, collecting societies","that are not willing to or are not able to","grant multi-territorial licences directly in","their own music repertoire should mandate","other collecting societies voluntarily with","the task of managing their repertoire under","non-discriminatory terms. Where the","request to mandate takes place, the","requested collecting society should be","required to accept, provided that it","aggregates repertoire and offers or grants","multi-territorial licences. In addition,","exclusivity in agreements on multi-","territorial licenses would restrict the","choices available to users seeking multi-","territorial licenses and also restrict the","choices available to collecting societies","seeking administration services for their","repertoire on a multi-territorial basis.","Therefore, all representation agreements","between collecting societies providing for","multi-territorial licensing should be","concluded on a non-exclusive basis."],"old":["(29) Aggregating of different music","repertoires for multi-territorial licensing","facilitates the licensing process and, by","making all repertoires accessible to the","market for multi-territorial licensing,","enhances cultural diversity and contributes","to reducing the number of transactions an","online service provider needs in order to","offer that service. That aggregation of","repertoires should facilitate the","development of new online services, and","should also result in a reduction of","transaction costs that are passed on to","consumers. Therefore, collecting societies","that are not willing to or are not able to","grant multi-territorial licences directly in","their own music repertoire should be","encouraged to mandate other collecting","societies voluntarily with the task of","managing their repertoire under non-","discriminatory terms. Where the request to","mandate takes place, the requested","collecting society should be required to","accept, provided that it aggregates","repertoire and offers or grants multi-","territorial licences. In addition, exclusivity","in agreements on multi-territorial licenses","would restrict the choices available to users","seeking multi-territorial licenses and also","restrict the choices available to collecting","societies seeking administration services","for their repertoire on a multi-territorial","basis. Therefore, all representation","agreements between collecting societies","providing for multi-territorial licensing","should be concluded on a non-exclusive","basis."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"197","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Eija-Riitta Korhola, Sirpa Pietik\u00e4inen","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-406","justification":" The following issues should be taken into account: the CJEU has dealt with the issue of tariff-\n setting criteria several times; CMOs are already subject to the control of supervisory or\n competition authorities; the Directive should deal with good governance and transparency\n and setting tariffs would be out of its scope and objective; tariffs were not subject of the\n consultation process and were not covered by the impact assessment.","location":[[" Proposal for a directive","Article 15 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meps":[4260,40599],"meta":{"created":"2019-07-03T05:49:37"},"new":["Tariffs for exclusive rights shall reflect,","inter alia, the value of rights and the","extent, nature and value of the use of the","rights."],"old":["Tariffs for exclusive rights shall reflect the","economic value of the rights in trade and","of the service provided by the collecting","society."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"406","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Bernhard Rapkay","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-198","location":[["Proposal for a directive","Recital 35"]],"meps":[1906],"meta":{"created":"2019-07-03T05:49:37"},"new":["(35) Broadcasting organisations generally","rely on a licence from a local collecting","society, for their own broadcasts of","television and radio programmes which","include musical works. 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 in the interests of online","accessibility, 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 make","possible online offers connected to linear","broadcasting. 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."],"old":["(35) Broadcasting organisations generally","rely on a 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 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."],"orig_lang":"de","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"198","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sebastian Valentin Bodu","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-407","justification":" The right to equitable remuneration should be assessed in the light of the value of the use for\n which it is provided in trade. The tariffs for the rights to equitable remuneration should be\n treated on an equal footing as the tariffs for exclusive rights. The notion of service provided\n would be better reflected by the benefits which users derive from the collective management\n of rights. The economic benefit for users that ought to be taken into account consists for\n instance of the reduction of the number of licensing transactions from thousands to a few or\n\neven one in some cases.","location":[[" Proposal for a directive","Article 15 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meps":[39722],"meta":{"created":"2019-07-03T05:49:37"},"new":["Tariffs for exclusive rights and rights to","equitable remuneration shall reflect the","economic value of the rights in trade and","the economic benefit that users derive","from the collective management of rights."],"old":["Tariffs for exclusive rights shall reflect the","economic value of the rights in trade and of","the service provided by the collecting","society."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"407","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Fran\u00e7oise Castex, Luigi Berlinguer","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-408","location":[["Proposal for a directive","Article 15 \u2013 paragraph 2 \u2013 subparagraph 2"]],"meps":[28148,97156],"meta":{"created":"2019-07-03T05:49:37"},"new":["Tariffs for exclusive rights shall ensure","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."],"old":["Tariffs for exclusive rights shall reflect the","economic value of the rights in trade and","of the service provided by the collecting","society."],"orig_lang":"fr","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"408","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Angelika Niebler","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-199","location":[[" Proposal for a directive","Recital 35"]],"meta":{"created":"2019-07-03T05:49:37"},"new":["(35) Broadcasting organisations generally","rely on a licence from a local collecting","society, for their own broadcasts of","television and radio programmes which","include musical works. 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 in the interests of online","accessibility, 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","of this kind. Such derogation should be","limited to what is necessary to allow access","to television or radio programmes online","and make possible online offers connected","to linear broadcasting. That derogation","should not operate so as to distort","competition with other services which give","consumers access to individual musical","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."],"old":["(35) Broadcasting organisations generally","rely on a 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 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."],"orig_lang":"de","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"199","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marielle Gallo","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-409","location":[["Proposal for a directive","Article 15 \u2013 paragraph 2 \u2013 subparagraph 2 a (new)"]],"meta":{"created":"2019-07-03T05:49:37"},"new":["Collecting societies shall explain the","calculation of the tariffs referred to in","subparagraph 2 for the award or renewal","of licences."],"orig_lang":"fr","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"409","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-200","location":[["Proposal for a directive","Recital 35 a (new)"]],"meps":[28206],"meta":{"created":"2019-07-03T05:49:37"},"new":["(35a) Broadcasting organisations","generally rely on a global licence from a","local collective management organisation","for rights to the world repertoire of","musical works, in order to communicate","and make available to the public their","own radio or television programmes and","corresponding online services, such as","content complementing or enhancing","broadcasters\u2019 programmes or broadening","the choice of programmes they offer. This","directive should therefore uphold this","well-established practice in order to avoid","a situation where different rules apply to","licences issued for broadcasters\u2019 online","and offline services. It is therefore","necessary to exempt collection societies","from the provisions of Title III where they","issue licences for broadcasters\u2019 online","services linked to their offline services,","which should be issued in accordance","with national and European Union law,","in particular Articles 101 and 102 of the","Treaty on the Functioning of the","European Union."],"orig_lang":"fr","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"200","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Christian Engstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-410","justification":" Redundant with the revised Article 15(2)(2).","location":[["Proposal for a directive","Article 15 \u2013 paragraph 2 \u2013 subparagraph 3"]],"meps":[96676],"meta":{"created":"2019-07-03T05:49:37"},"new":["deleted"],"old":["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 trade."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"410","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sebastian Valentin Bodu","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-201","justification":" To ensure that national dispute resolution bodies have the required expertise and that their\n decisions follow the same fair principles across the internal market, these bodies should\n consist of dedicated judges that have special knowledge of IP matters and the decisions\n should be made following the criteria set out in Article 15(2).","location":[["Proposal for a directive","Recital 36"]],"meps":[39722],"meta":{"created":"2019-07-03T05:49:37"},"new":["(36) It is necessary to ensure the effective","enforcement of the provisions of the","national law adopted pursuant to this","Directive. Collecting societies should offer","their members specific procedures for the","handling of complaints and the resolution","of disputes. These procedures should also","be made available to other rightholders","represented by the collecting society. It is","also appropriate to ensure that Member","States have independent, impartial and","effective dispute resolution bodies capable","of settling commercial disputes between","collecting societies and users on existing or","proposed licensing conditions as well as on","situations in which the granting of a licence","is refused. Furthermore, the effectiveness","of the rules on the multi-territorial","licensing of online rights in musical works","could be undermined if disputes between","collecting societies and their counterparts","were not solved quickly and efficiently by","independent and impartial bodies. As a","result, it is appropriate to provide, without","prejudice to the right of access to a","tribunal, for an easily accessible, efficient","and impartial out-of-court procedure for","resolving conflicts between collecting","societies, on the one hand, and online","music service providers, rightholders or","other collecting societies, on the other.","Member States may set up new dispute","resolution bodies or courts in order to","bring dispute resolution procedures into","line with this Directive. Member States","may establish that, whenever possible,","these dispute resolution bodies be","specialised in IP matters."],"old":["(36) It is necessary to ensure the effective","enforcement of the provisions of the","national law adopted pursuant to this","Directive. Collecting societies should offer","their members specific procedures for the","","handling of complaints and the resolution","of disputes. These procedures should also","be made available to other rightholders","represented by the collecting society. It is","also appropriate to ensure that Member","States have independent, impartial and","effective dispute resolution bodies capable","of settling commercial disputes between","collecting societies and users on existing or","proposed licensing conditions as well as on","situations in which the granting of a licence","is refused. Furthermore, the effectiveness","of the rules on the multi-territorial","licensing of online rights in musical works","could be undermined if disputes between","collecting societies and their counterparts","were not solved quickly and efficiently by","independent and impartial bodies. As a","result, it is appropriate to provide, without","prejudice to the right of access to a","tribunal, for an easily accessible, efficient","and impartial out-of-court procedure for","resolving conflicts between collecting","societies, on the one hand, and online","music service providers, rightholders or","other collecting societies, on the other."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"201","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" J\u00f3zsef Sz\u00e1jer","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-411","location":[[" Proposal for a directive","Article 15 \u2013 paragraph 2 \u2013 subparagraph 3"]],"meps":[23821],"meta":{"created":"2019-07-03T05:49:37"},"new":["deleted"],"old":["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 trade."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"411","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Tadeusz Zwiefka, Piotr Borys, Lidia Joanna Geringer de Oedenberg","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-202","location":[["Proposal for a directive","Recital 36 a (new)"]],"meps":[28301,96799,28377],"meta":{"created":"2019-07-03T05:49:37"},"new":["(36a) To the effectiveness and benefit of","the dispute resolution procedures,","Members States should ensure that their","relevant national dispute resolution","bodies have a minimum training and","experience in the field of copyright and","related rights."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"202","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Tadeusz Zwiefka, Piotr Borys, Lidia Joanna Geringer de Oedenberg","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-203","location":[["Proposal for a directive","Recital 36 b (new)"]],"meps":[28301,96799,28377],"meta":{"created":"2019-07-03T05:49:37"},"new":["(36b) In order to ensure that dispute","resolution mechanisms are used in good","faith, Member States may complement","these mechanisms with a provision on","escrow procedures. The sums in question","should be set up by a court or an","independent dispute resolution body."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"203","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Arlene McCarthy","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-412","justification":"Both exclusive and remuneration rights should be decided according to the economic value of\nthe rights in trade.","location":[[" Proposal for a directive","Article 15 \u2013 paragraph 2 \u2013 subparagraph 3"]],"meps":[2173],"meta":{"created":"2019-07-03T05:49:37"},"new":["In the absence of any national law which","establishes the amounts due to rightholders","in respect of a right to compensation, the","collecting society shall base its own","determination of those amounts due, on the","economic value of those rights in trade."],"old":["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 trade."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"412","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-204","location":[["Proposal for a directive","Recital 37"]],"meps":[96945],"meta":{"created":"2019-07-03T05:49:37"},"new":["(37) Moreover, Member States should","establish appropriate procedures by means","of which it will be possible to make","complaints against collecting societies who","do not comply with the law and to ensure","that, where appropriate, effective,","proportionate and dissuasive measures and","sanctions are imposed. Member States","should determine which authorities should","be responsible for administering the","complaints procedures and sanctions. To","ensure that the requirements for multi-","territorial licensing are complied with,","specific provisions on the monitoring of","their implementation should be laid down.","The competent authorities of the Member","States and the European Commission","should cooperate with each other to this","end."],"old":["(37) Moreover, Member States should","establish appropriate procedures by means","","of which it will be possible to make","complaints against collecting societies who","do not comply with the law and to ensure","that, where appropriate, effective,","proportionate and dissuasive sanctions are","imposed. Member States should determine","which authorities should be responsible for","administering the complaints procedures","and sanctions. To ensure that the","requirements for multi-territorial licensing","are complied with, specific provisions on","the monitoring of their implementation","should be laid down. The competent","authorities of the Member States and the","European Commission should cooperate","with each other to this end."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"204","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Eija-Riitta Korhola, Sirpa Pietik\u00e4inen","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-413","location":[["Proposal for a directive","Article 15 \u2013 paragraph 2 \u2013 subparagraph 3"]],"meps":[4260,40599],"meta":{"created":"2019-07-03T05:49:37"},"new":["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 objective criteria,","which reflect, inter alia, the value of","rights and the extent, nature and value of","the use of the rights."],"old":["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 trade."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"413","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sebastian Valentin Bodu","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-414","justification":" The right to equitable remuneration should be assessed in the light of the value of the use for\n which it is provided in trade. The tariffs for the rights to equitable remuneration should be\n treated on an equal footing as the tariffs for exclusive rights. The notion of service provided\n would be better reflected by the benefits which users derive from the collective management\n of rights. The economic benefit for users that ought to be taken into account consists for\n instance of the reduction of the number of licensing transactions from thousands to a few or\n even one in some cases.","location":[["Proposal for a directive","Article 15 \u2013 paragraph 2 \u2013 subparagraph 3"]],"meps":[39722],"meta":{"created":"2019-07-03T05:49:37"},"new":["In the absence of any national law which","establishes the amounts due to rightholders","in respect of a right to compensation, the","collecting society shall base its own","determination of those amounts due, on the","economic value of those rights in trade."],"old":["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 trade."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"414","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Christian Engstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-205","location":[[" Proposal for a directive","Article 1 \u2013 paragraph 1"]],"meps":[96676],"meta":{"created":"2019-07-03T05:49:37"},"new":["This Directive lays down requirements","necessary to ensure the proper functioning","of the management of copyright and","related rights by collective management","organisations. It also lays down","requirements for multi-territorial licensing","by collective management organisations","of authors' rights in musical works for","online use."],"old":["This Directive lays down requirements","necessary to ensure the proper functioning","of the management of copyright and","related rights by collecting societies. It also","lays down requirements for multi-territorial","licensing by collecting societies of authors'","rights in musical works for online use."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"205","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Fran\u00e7oise Castex, Luigi Berlinguer","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-415","location":[[" Proposal for a directive","Article 15 \u2013 paragraph 2 \u2013 subparagraph 3"]],"meps":[28148,97156],"meta":{"created":"2019-07-03T05:49:37"},"new":["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 same criteria."],"old":["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 trade."],"orig_lang":"fr","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"415","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-206","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1"]],"meps":[96945],"meta":{"created":"2019-07-03T05:49:37"},"new":["This Directive lays down requirements","necessary to ensure the proper, efficient,","accurate, accountable and transparent","functioning of the management of","copyright and related rights by collecting","societies. It also lays down requirements","for multi-territorial licensing by collecting","societies of authors' rights in musical","works for online use."],"old":["This Directive lays down requirements","necessary to ensure the proper functioning","of the management of copyright and","related rights by collecting societies. It also","lays down requirements for multi-territorial","licensing by collecting societies of authors'","rights in musical works for online use."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"206","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-416","location":[["Proposal for a directive","Article 15 \u2013 paragraph 2 \u2013 subparagraph 3 a (new)"]],"meps":[28206],"meta":{"created":"2019-07-03T05:49:37"},"new":["If a general tariff applies, or if such a","tariff has been set by a court, Member","States shall ensure that users pay the fees","due to collecting societies by a set","deadline."],"orig_lang":"fr","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"416","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-207","location":[["Proposal for a directive","Article 1 \u2013 paragraph 1 a (new)"]],"meps":[96945],"meta":{"created":"2019-07-03T05:49:37"},"new":["By 2015, all collective management","organisations established in the Union","shall enforce for all forms of exploitation","of works, the highest standards of","transparency on repertoire information,","timely and accurate reporting on","invoicing and payments to rightholders,","as described in Articles 23, 25 and 26 for","all types of licensing they provide."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"207","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Fran\u00e7oise Castex, Luigi Berlinguer","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-417","location":[["Proposal for a directive","Article 15 \u2013 paragraph 2 a (new)"]],"meps":[28148,97156],"meta":{"created":"2019-07-03T05:49:38"},"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."],"orig_lang":"fr","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"417","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Bernhard Rapkay","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-208","location":[["Proposal for a directive","Article 2 \u2013 paragraph 1"]],"meps":[1906],"meta":{"created":"2019-07-03T05:49:37"},"new":["Titles I, II and IV with the exception of","Articles 36 and 40 shall apply to all","collecting societies established in the","Union and also those established outside","the Union but providing services in the","Union."],"old":["Titles I, II and IV with the exception of","Articles 36 and 40 shall apply to all","collecting societies established in the","Union."],"orig_lang":"de","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"208","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Arlene McCarthy","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-418","location":[["Proposal for a directive","Article 15 \u2013 paragraph 3 a (new)"]],"meps":[2173],"meta":{"created":"2019-07-03T05:49:38"},"new":["3a. Member States shall ensure that users","give collective societies information","concerning the usage of works and other","subject matter on time and in an agreed","format. so as to enable the collecting","societies to distribute the rights revenue.","Whenever there is a generally applicable","or court-determined tariff in force, users","should pay the licence fees or","remuneration to the collecting societies on","time."],"old":[""],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"418","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-209","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 1"]],"meps":[28206],"meta":{"created":"2019-07-03T05:49:37"},"new":["Titles I, II and IV with the exception of","Articles 36 and 40 shall apply to all","collecting societies established in the","Union and also outside the Union but","providing services in the Union."],"old":["Titles I, II and IV with the exception of","Articles 36 and 40 shall apply to all","collecting societies established in the","Union."],"orig_lang":"fr","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"209","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Pawe\u0142 Zalewski","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-210","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 1"]],"meps":[96777],"meta":{"created":"2019-07-03T05:49:37"},"new":["Articles 4, 5(3), 5(4), 5(6), 5(7), 10(1),","10(2), 10(4), 11(1), 12(1) second sentence,","15, 15a, 16, 18(1)(a) and (b), 19, 20, 21-","26, 33-36, 38-40a shall apply mutatis","mutandis to entities other than collective","management organisations which by way","of assignment, licence or other","contractual agreement manage copyright","or related rights on behalf of more than","one rightholder in return for","remuneration."],"old":["Titles I, II and IV with the exception of","Articles 36 and 40 shall apply to all","collecting societies established in the","Union.",""],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"210","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sebastian Valentin Bodu","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-419","justification":" Whenever there is a generally applicable tariff (either agreed or determined by a competent\n court or tribunal) users should make prompt and voluntary payments of the applicable license\n\nfees or remuneration. Where users fail to pay such license fees or remuneration in a timely\nmanner, collecting societies are entitled to legal penalties to users that fail to pay voluntarily\nto cover the extra administrative costs caused by them.","location":[[" Proposal for a directive","Article 15 \u2013 paragraph 3 a (new)"]],"meps":[39722],"meta":{"created":"2019-07-03T05:49:38"},"new":["3a. Users should report to collecting","societies on the usage of works and other","subject matter in an agreed format, on","time and accurately in order to allow","collecting societies to determine","applicable fees and to distribute the","amounts due to rightholders accurately","and in accordance with the obligations","imposed by this directive. Where users fail","to report to collecting societies in a","manner that enables the collecting","societies to make timely and accurate","distributions to individual rightholders,","Member States shall ensure that","collecting societies shall be discharged of","their obligations under this Directive","related to distribution of rights revenue to","individual rightholders and the collecting","societies may charge such users","additional fees to cover the additional","administrative costs caused by missing or","insufficient usage reports."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"419","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Alexandra Thein","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-211","justification":"The current scope of the Directive could lead to an intentional circumvention of the societies\u2019\nobligations under the proposed Directive by entities such as CELAS, PAECOL or PEDL.\nEnsuring that subsidiaries of collective management organisations or other entities managing\nauthors\u2019 and related rights are submitted to the same governance and transparency\nrequirements as collective management organisations themselves is a basic minimum to\nensure a level playing field.","location":[["Proposal for a directive","Article 2 \u2013 paragraph 1"]],"meps":[96874],"meta":{"created":"2019-07-03T05:49:37"},"new":["Titles I, II and IV with the exception of","Articles 36 and 40 shall apply to all","collective management organisations","established in the Union."],"old":["Titles I, II and IV with the exception of","Articles 36 and 40 shall apply to all","collecting societies established in the","Union."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"211","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sebastian Valentin Bodu","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-420","justification":"Whenever there is a generally applicable tariff (either agreed or determined by a competent\ncourt or tribunal) users should make prompt and voluntary payments of the applicable license\nfees or remuneration. Where users fail to pay such license fees or remuneration in a timely\nmanner, collecting societies are entitled to legal penalties to users that fail to pay voluntarily\nto cover the extra administrative costs caused by them.","location":[["Proposal for a directive","Article 15 \u2013 paragraph 3 b (new)"]],"meps":[39722],"meta":{"created":"2019-07-03T05:49:38"},"new":["3b. Users should pay licence fees or","remuneration to the collecting societies in","a timely manner whenever there is a","generally applicable or court-determined","tariff in force. Where users fail to pay","such licence fees or remuneration in a","timely manner, Member States shall","ensure that collecting societies are entitled","to legal penalties to cover the","administrative costs caused by the failure","to voluntarily pay the licence fees or","remuneration."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"420","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Angelika Niebler","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-212","justification":" The services offered by traditional broadcasting organisations go beyond the arrangement\n whereby radio and television programmes can be downloaded in the seven days following\n their initial broadcast. The scope of the derogation must therefore be widened in order not to\n complicate the legal situation for broadcasters unnecessarily.","location":[["Proposal for a directive","Article 2 \u2013 paragraph 1 a (new)"]],"meta":{"created":"2019-07-03T05:49:37"},"new":["Title III shall not apply to collecting","societies which distribute licences to","broadcasters in accordance with national","law and with Articles 101 and 102 TFEU","for online offers involving musical works."],"orig_lang":"de","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"212","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Cecilia Wikstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-421","location":[["Proposal for a directive","Article 15 a (new)"]],"meps":[96677],"meta":{"created":"2019-07-03T05:49:38"},"new":["Article 15a","Obligations on users and producers","Member States shall ensure that users","and producers provide collective","management organisations, within a","reasonable period, with all information in","their possession on the use of rights,","categories of rights, works, types of works","or other subject matter which they","represent and which are necessary for the","collection and distribution of rights","revenue."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"421","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Klaus-Heiner Lehne","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-213","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 1 a (new)"]],"meps":[2224],"meta":{"created":"2019-07-03T05:49:38"},"new":["Title II and Title IV, with the exception of","Articles 36 and 40, shall also apply to","collecting societies established outside the","Union which engage in activities in the","Union."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"213","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Tadeusz Zwiefka, Piotr Borys, Lidia Joanna Geringer de Oedenberg","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-422","location":[[" Proposal for a directive","Article 15 a (new)"]],"meps":[28301,96799,28377],"meta":{"created":"2019-07-03T05:49:38"},"new":["Article 15a","Obligations on users","Member States shall ensure that users","provide a collective management","organisation, within a reasonable period,","with relevant information on the use of","the rights represented by the collective","management organisation that is","necessary for the collection and","distribution of rights revenue. Member","States shall ensure that collective","management organisations have the right","to request the above information from","users. When necessary, this information","should be provided in an electronic form","allowing for its processing by the","collective management organisation."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"422","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Fran\u00e7oise Castex, Luigi Berlinguer","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-214","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 1 a (new)"]],"meps":[28148,97156],"meta":{"created":"2019-07-03T05:49:38"},"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."],"orig_lang":"fr","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"214","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marielle Gallo","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-423","location":[["Proposal for a directive","Article 15 a (new)"]],"meta":{"created":"2019-07-03T05:49:38"},"new":["Article 15 a","Obligations of users and producers","Users and producers shall forward to the","collecting societies, within an agreed time","and in an agreed format, the information","at their disposal which is necessary for the","collection and distribution of rights","revenue."],"orig_lang":"fr","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"423","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Fran\u00e7oise Castex","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-215","location":[["Proposal for a directive","Article 2 \u2013 paragraph 1 b (new)"]],"meps":[28148],"meta":{"created":"2019-07-03T05:49:38"},"new":["The relevant provisions of Titles I, II and","IV, with the exception of Articles 36 and","40, shall apply to the activities of entities","directly or indirectly controlled, or owned","in whole or in part, by collecting societies","if the activities in question fall within the","scope of those Titles when they are","carried out by a collecting society."],"orig_lang":"fr","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"215","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Pawe\u0142 Zalewski","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-216","location":[["Proposal for a directive","Article 2 \u2013 paragraph 2"]],"meps":[96777],"meta":{"created":"2019-07-03T05:49:38"},"new":["deleted"],"old":["Title III and Articles 36 and 40 of Title","IV shall only apply to those collecting","societies managing authors' rights in","musical works for online use on a multi-","territorial basis."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"216","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Fran\u00e7oise Castex, Luigi Berlinguer","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-424","justification":" Ms Gallo\u2019s amendment 82 improves the proposed directive but is not sufficient because it is\n limited to an obligation to provide information on the use of works within a reasonable\n period. It is important, however, for users also to comply with the time limits for payment laid\n down in the agreements, and to use international identifiers, such as the ISAN, when\n transferring information.","location":[["Proposal for a directive","Article 15 a (new)"]],"meps":[28148,97156],"meta":{"created":"2019-07-03T05:49:38"},"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."],"old":[""],"orig_lang":"fr","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"424","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Alexandra Thein","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-217","justification":" The current scope of the Directive could lead to an intentional circumvention of the societies\u2019\n obligations under the proposed Directive by entities such as CELAS, PAECOL or PEDL.\n Ensuring that subsidiaries of collective management organisations or other entities managing\n authors\u2019 and related rights are submitted to the same governance and transparency\n requirements as collective management organisations themselves is a basic minimum to\n ensure a level playing field.","location":[["Proposal for a directive","Article 2 \u2013 paragraph 2"]],"meps":[96874],"meta":{"created":"2019-07-03T05:49:38"},"new":["Title III and Articles 36 and 40 of Title IV","shall only apply to those collective","management organisations managing","authors' rights in musical works for online","use on a multiterritorial basis."],"old":["Title III and Articles 36 and 40 of Title IV","","shall only apply to those collecting","societies managing authors' rights in","musical works for online use on a multi-","territorial basis."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"217","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-218","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 2 a (new)"]],"meps":[28206],"meta":{"created":"2019-07-03T05:49:38"},"new":["The provisions of the Directive shall apply","to any entity that performs the same","function as a collecting society in terms of","collective rights management, as well as","to entities owned, controlled or managed,","in whole or in part, by a collecting society.","Criteria relating to transparency and the","provision of information about rights","should also be imposed on them."],"orig_lang":"fr","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"218","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-425","justification":"Consistent with draft opinion from IMCO.","location":[[" Proposal for a directive","Article 15 a (new)"]],"meps":[96945],"meta":{"created":"2019-07-03T05:49:38"},"new":["Article 15a","Reporting and invoicing","1. Collecting societies shall establish","appropriate 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 societies shall establish a","cooperation procedure among themselves","for the benefit of their rightholders,","members and users. Such a cooperation","procedure shall include at least pooling of","information on the licences issued and the","use of works and other protected subject-","matter in a common database,","coordinated and joint invoicing and","collection of rights revenues.","3. The cooperation procedure referred to","in paragraph 2 shall enable the collecting","societies to coordinate the invoicing of the","users in such a way that a single user","receives a single joint invoice in respect of","the rights in the works and other protected","subject-matter which have been licensed.","The single invoice shall be transparent","and shall identify the collecting societies","concerned, the lists of works and other","protected subject-matter which have been","licensed and the corresponding actual","uses. The invoice should also indicate","clearly at least the proportionate amounts","due to rightholders and the amounts to be","used to cover management fees."],"old":[""],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"425","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Tadeusz Zwiefka, Piotr Borys, Lidia Joanna Geringer de Oedenberg","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-219","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 2 a (new)"]],"meps":[28301,96799,28377],"meta":{"created":"2019-07-03T05:49:38"},"new":["Articles 16 \u2013 19, 24(1) and 24(2) shall also","apply to any entity other than a collective","management organisation which by way","of assignment, licence or other","contractual agreement manage copyright","or related rights on behalf of more than","one rightholder as its sole or main","purpose for the collective benefit of those","rightholders."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"219","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Toine Manders","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-426","location":[["Proposal for a directive","Article 15 a (new)"]],"meta":{"created":"2019-07-03T05:49:38"},"new":["Article 15a","Reporting and invoicing","1. Collecting societies shall establish","appropriate 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. Member States may require that","collecting societies established on their","territory put in place procedures as laid","down in paragraphs 3 to 4.","3. Collecting societies shall establish a","cooperation procedure among themselves","for the benefit of their rightholders,","members and users. Such a cooperation","procedure shall include at least pooling of","information on the licences issued and the","use of works and other protected subject-","matter in a common database,","coordinated and joint invoicing and","collection of rights revenues.","4. The cooperation procedure referred to","in paragraph 2 shall enable the collecting","societies to coordinate the invoicing of the","users in such a way that a single user","receives a single joint invoice in respect of","the rights in the works and other protected","subject-matter which have been licensed.","The single invoice shall be transparent","and shall identify the collecting societies","concerned, the lists of works and other","protected subject-matter which have been","licensed and the corresponding actual","uses. The invoice should also indicate","clearly at least the proportionate amounts","due to rightholders and the amounts to be","used to cover management fees.","5. Paragraphs 2 and 3 shall not apply to","the collective management of online","rights in musical works and the collective","management of rights in works and other","subject matter on a multi-territorial basis."],"old":[""],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"426","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Alexandra Thein","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-220","justification":"The current scope of the Directive could lead to an intentional circumvention of the societies\u2019\nobligations under the proposed Directive by entities such as CELAS, PAECOL or PEDL.\nEnsuring that subsidiaries of collective management organisations or other entities managing\nauthors\u2019 and related rights are submitted to the same governance and transparency\nrequirements as collective management organisations themselves is a basic minimum to\nensure a level playing field.","location":[["Proposal for a directive","Article 2 \u2013 paragraph 2 a (new)"]],"meps":[96874],"meta":{"created":"2019-07-03T05:49:38"},"new":["Articles 8 (1) and (2), 9 , 10, 11, 15, 18(1),","19, 20, Title III (with the exception of","Articles 28, 29 and 30), and Articles 35","until 40 shall also apply to entities which","fulfil the same function as collective","management organisations in terms of the","collective management of rights, as well","as entities that are, in whole or in part,","owned, controlled or administered by a","collective management organisation."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"220","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Fran\u00e7oise Castex","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-427","justification":"Collective management plays a particularly important role for authors and performers. It is\noften the only way for these rightholders to obtain a revenue from their rights, as collective\nmanagement allows them to negotiate a remuneration directly with the users of their works\nand performances.","location":[["Proposal for a directive","Article 15 b (new)"]],"meps":[28148],"meta":{"created":"2019-07-03T05:49:38"},"new":["Article 15 b","Remuneration of authors and performers","1. Member States shall ensure that","authors and performers receive","appropriate remuneration for the","exploitation of their copyright and related","rights. That remuneration shall come","from any exploitation of their works and","performances and shall represent a share","of the revenue generated by such","exploitation.","2. The management of this remuneration","shall be entrusted to the collecting","societies which receive it from any entity","which exploits the rights, in accordance","with the relevant provisions of this","Directive.","3. Collecting societies shall distribute this","remuneration to authors and performers","regularly, precisely and promptly, in","accordance with the provisions of this","Directive."],"orig_lang":"fr","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"427","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Bernhard Rapkay","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-221","location":[[" Proposal for a directive","Article 2 \u2013 paragraph 2 a (new)"]],"meps":[1906],"meta":{"created":"2019-07-03T05:49:38"},"new":["Title III shall not apply to collecting","societies which distribute licences to","broadcasters in accordance with national","and EU law for their online offers","connected to linear broadcasting."],"orig_lang":"de","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"221","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Tiziano Motti","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-428","location":[["Proposal for a directive","Article 16 \u2013 title"]],"meps":[96760],"meta":{"created":"2019-07-03T05:49:38"},"new":["Information provided to rightholders on the","management of their rights on request"],"old":["Information provided to rightholders on the","management of their rights"],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"428","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Fran\u00e7oise Castex","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-222","location":[[" Proposal for a directive","Article 2 a (new)"]],"meps":[28148],"meta":{"created":"2019-07-03T05:49:38"},"new":["Article 2 a","This directive does not derogate from the","European regulations concerning the","protection of individuals as regards the","processing of personal data."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"222","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Cecilia Wikstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-429","justification":" Clarification with regards to the scope of the Article.","location":[[" Proposal for a directive","Article 16 \u2013 title"]],"meps":[96677],"meta":{"created":"2019-07-03T05:49:39"},"new":["Information provided to rightholders","represented by a collective management","organisation on the management of their","rights"],"old":["Information provided to rightholders on the","management of their rights"],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"429","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marielle Gallo","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-223","justification":"There must not be a distortion of competition benefiting economic operators engaged in the\nsame activities as collecting societies.","location":[[" Proposal for a directive","Article 2 a (new)"]],"meta":{"created":"2019-07-03T05:49:38"},"new":["Article 2a","Articles 10, 11(1), 12, 15, 16, 18, 19 and","20 of Title II, and Articles 34, 35, 37 and","38 of Title IV shall apply to entities","engaged in the Union on a commercial","basis in activities identical to those of","collecting societies."],"old":["",""],"orig_lang":"fr","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"223","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Tiziano Motti","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-430","justification":"The obligation imposed on collecting societies to automatically report on a yearly basis to all\nrightholders they represent all the information provided in Article 16 would be too\nburdensome and costly. Rather than a general obligation to report the information\nautomatically to all rightholders, collecting societies should have the obligation to provide\nthe information specified in the article upon request only and in accordance with the rules\napplicable under the Data Protection Directive.","location":[[" Proposal for a directive","Article 16 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[96760],"meta":{"created":"2019-07-03T05:49:39"},"new":["Member States shall ensure that a","collecting society makes available at least","once a year, subject to applicable rules on","data protection, by electronic means, the","following information to each rightholder it","represents:"],"old":["Member States shall ensure that a","collecting society makes available at least","once a year, by electronic means, the","following information to each rightholder it","represents:"],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"430","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Cecilia Wikstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-224","location":[["Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point a"]],"meps":[96677],"meta":{"created":"2019-07-03T05:49:38"},"new":["(a) \u2018collective management organisation'","means any organisation which is authorised","by law or by way of assignment, licence or","any other contractual arrangement, by","more than one rightholder, to manage","copyright or rights related to copyright as","its sole or main purpose and which is","owned or controlled by its members;","(This is a horizontal amendment that","applies throughout the text)"],"old":["(a) \u2018collecting society\u2019 means any","organisation which is authorised by law or","by way of assignment, licence or any other","contractual arrangement, by more than one","rightholder, to manage copyright or rights","related to copyright as its sole or main","purpose and which is owned or controlled","by its members;"],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"224","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sajjad Karim","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-225","location":[["Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point a"]],"meps":[28481],"meta":{"created":"2019-07-03T05:49:38"},"new":["(a) 'collective management organisation'","means any organisation authorised by law","or by way of assignment, licence or any","other contractual arrangement to manage","copyright or rights related to copyright on","behalf of more than one rightholder for","the collective benefit of those","rightsholders.","(This amendment applies throughout the","text. Adopting it will necessitate","corresponding changes throughout.)"],"old":["(a) \u2018collecting society\u2019 means any","","organisation which is authorised by law or","by way of assignment, licence or any other","contractual arrangement, by more than one","rightholder, to manage copyright or rights","related to copyright as its sole or main","purpose and which is owned or controlled","by its members;"],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"225","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Pawe\u0142 Zalewski","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-431","location":[["Proposal for a directive","Article 16 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[96777],"meta":{"created":"2019-07-03T05:49:39"},"new":["Without prejudice to paragraph 2, Articles","17 and 26(2), Member States shall ensure","that a collective management organisation","makes available no less than once a year to","each rightholder to whom it attributed","rights revenue or made payments, in the","period to which the information relates, at","least the following information:"],"old":["Member States shall ensure that a","collecting society makes available at least","once a year, by electronic means, the","following information to each rightholder","it represents:"],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"431","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Christian Engstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-226","justification":"Definition suggested by the Irish presidency, with the addition of (iii) to make sure that the\nDirective covers subsidiaries as well.","location":[[" Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point a"]],"meps":[96676],"meta":{"created":"2019-07-03T05:49:38"},"new":["(a) 'collective management organisation'","means any organisation authorised by law","or by way of assignment, licence or any","other contractual arrangement to manage","copyright or rights related to copyright on","behalf of more than one rightholder, for","the collective benefit of those rightholders","as its sole or one of its main purposes, and","which is:","(i) owned or controlled by its members, or","(ii) organised as a not for profit","organisation, or","(iii) owned or controlled by one or more","collective management organisations;","(This amendment applies throughout the","text. Adopting it will necessitate","corresponding changes throughout.)"],"old":["(a) \u2018collecting society\u2019 means any","organisation which is authorised by law or","by way of assignment, licence or any other","contractual arrangement, by more than one","rightholder, to manage copyright or rights","related to copyright as its sole or main","purpose and which is owned or controlled","by its members;"],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"226","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Pawe\u0142 Zalewski","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-227","location":[["Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point a"]],"meps":[96777],"meta":{"created":"2019-07-03T05:49:38"},"new":["(a) 'collective management organisation'","means any organisation authorised by law","or by way of assignment, licence or any","other contractual arrangement to manage","copyright or rights related to copyright on","behalf of several rightholders, for the","collective benefit of those rightholders as","its sole or one of its main purposes, and","which is:","(i) owned or controlled by its members,","and/or","(ii) organised as a not for profit","organisation."],"old":["(a) \u2018collecting society\u2019 means any","organisation which is authorised by law or","by way of assignment, licence or any other","contractual arrangement, by more than one","rightholder, to manage copyright or rights","related to copyright as its sole or main","purpose and which is owned or controlled","by its members;"],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"227","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-432","location":[["Proposal for a directive","Article 16 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[96945],"meta":{"created":"2019-07-03T05:49:39"},"new":["Member States shall ensure that a","collecting society makes available on a","rolling basis or at least once a year, by","electronic means, the following","information to each rightholder it","represents:"],"old":["Member States shall ensure that a","collecting society makes available at least","once a year, by electronic means, the","following information to each rightholder it","represents:"],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"432","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Tadeusz Zwiefka, Piotr Borys, Lidia Joanna Geringer de Oedenberg","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-228","location":[["Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point a"]],"meps":[28301,96799,28377],"meta":{"created":"2019-07-03T05:49:39"},"new":["(a) \u2018collective management organisation\u2019","means any organisation authorised by law","or by way of assignment, licence or any","other contractual arrangement, by more","than one rightholder, to manage copyright","or rights related to copyright as its sole or","main purpose and which:","a) owned or controlled by its members;","and/or","b) is a non profit making body;"],"old":["(a) \u2018collecting society\u2019 means any","organisation which is authorised by law or","by way of assignment, licence or any other","contractual arrangement, by more than one","rightholder, to manage copyright or rights","related to copyright as its sole or main","purpose and which is owned or controlled","","by its members;"],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"228","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sajjad Karim","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-433","location":[[" Proposal for a directive","Article 16 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[28481],"meta":{"created":"2019-07-03T05:49:39"},"new":["Member States shall ensure that a","collecting society makes available at least","once a year, by electronic means, the","following information to each rightholder","to whom it makes a payment during the","period concerned and member it","represents:"],"old":["Member States shall ensure that a","collecting society makes available at least","once a year, by electronic means, the","following information to each rightholder it","represents:"],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"433","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Pawe\u0142 Zalewski","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-434","location":[[" Proposal for a directive","Article 16 \u2013 paragraph 1 \u2013 point a"]],"meps":[96777],"meta":{"created":"2019-07-03T05:49:39"},"new":["(a) any contact details which the","rightholder has authorised the collective","management organisation to use in order","to identify and locate the rightholder with","the request to update these data if","necessary;"],"old":["(a) any personal data which the","rightholder has authorised the collecting","society to use including to identify and","locate the rightholder;"],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"434","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Arlene McCarthy","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-229","justification":" The definition of collecting society should cover all non-profit organisations whose main\n activity is the collection and distribution of licence fees or remuneration on behalf of more\n than one right holder, regardless of how their ownership or control is organised. Under the\n current drafting, collecting societies which do not have 'members' might not be covered by the\n definition.","location":[[" Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point a"]],"meps":[2173],"meta":{"created":"2019-07-03T05:49:39"},"new":["(a) \u2018collecting society\u2019 means any non-","profit organisation which is authorised by","law or by way of assignment, licence or","any other contractual arrangement, by","more than one rightholder, to manage","copyright or rights related to copyright as","its sole or main purpose and which is","owned or directly or indirectly controlled","by right holders;"],"old":["(a) \u2018collecting society\u2019 means any","organisation which is authorised by law or","by way of assignment, licence or any other","contractual arrangement, by more than one","rightholder, to manage copyright or rights","related to copyright as its sole or main","purpose and which is owned or controlled","by its members;"],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"229","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Pawe\u0142 Zalewski","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-435","location":[[" Proposal for a directive","Article 16 \u2013 paragraph 1 \u2013 point b"]],"meps":[96777],"meta":{"created":"2019-07-03T05:49:39"},"new":["(b) the rights revenue attributed to the","rightholder;"],"old":["(b) the rights revenue collected on behalf","of the rightholder;"],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"435","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sebastian Valentin Bodu","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-230","justification":"A collecting society should cover all non-profit organisations whose main activity is the\ncollection and distribution of licence fees or remuneration on behalf of more than one right\nholder, regardless of how their ownership or control is organised. The collecting societies\nwhich do not have \u201cmembers\u201d as such, might not be covered. This aims to ensure that all\ncollecting societies controlled by right holders are covered by the definition. In order to avoid\nany ambiguity, it should be made clear that entities such as record or film companies which\nreceive assignment of rights from other right holders are not covered by the Directive.","location":[[" Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point a"]],"meps":[39722],"meta":{"created":"2019-07-03T05:49:39"},"new":["(a) \u2018collecting society\u2019 means any non-","profit organisation which is authorised by","law or by way of assignment, licence or","any other contractual arrangement, by","more than one rightholder, to manage","copyright or rights related to copyright as","its sole or main purpose and which is","owned or directly or indirectly controlled","by rightholders;"],"old":["(a) \u2018collecting society\u2019 means any","organisation which is authorised by law or","by way of assignment, licence or any other","contractual arrangement, by more than one","rightholder, to manage copyright or rights","related to copyright as its sole or main","purpose and which is owned or controlled","by its members;"],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"230","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Pawe\u0142 Zalewski","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-436","location":[["Proposal for a directive","Article 16 \u2013 paragraph 1 \u2013 point c"]],"meps":[96777],"meta":{"created":"2019-07-03T05:49:39"},"new":["(c) the amounts paid by the collective","management organisation to the","rightholder per category of rights managed,","and type of use;"],"old":["(c) the amounts due to the rightholder per","category of rights managed, and type of","use, paid by the collecting society to the","rightholder in the period concerned;"],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"436","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Fran\u00e7oise Castex","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-231","location":[["Proposal for a directive","Article 3 \u2013 paragraph 1 \u2013 point a"]],"meps":[28148],"meta":{"created":"2019-07-03T05:49:39"},"new":["a) 'collecting society' means any","organisation which is authorised by law or","by way of assignment, licence or any other","contractual arrangement, by a significant","number of rightholders, to collectively","manage copyright, rights related to","copyright or rights to remuneration laid","down by law, to carry out social, cultural","and artistic activities in their favour, and","to defend and promote their rights, as its","sole or main purpose and which is owned","or controlled by its 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CMOs in a\n transparent way. 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Any revenues that","have been generated from investments,","including interest rates, relative to this","income between the time of collection and","the time of payment to rightholders shall","also be considered as rights revenue;"],"old":["(f) \u2018rights revenue\u2019 means income collected","by a collecting society on behalf of","rightholders, whether from an exclusive","right, a right to remuneration or a right to","compensation;"],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"241","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Cecilia Wikstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-445","location":[[" Proposal for a directive","Article 16 \u2013 paragraph 1 \u2013 point h a (new)"]],"meps":[96677],"meta":{"created":"2019-07-03T05:49:39"},"new":["(ha) any reasoned statement pursuant to","Article 15(1a) regarding the refusal of the","collective management organisation to","license a particular service;"],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"445","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Pawe\u0142 Zalewski","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-446","location":[["Proposal for a directive","Article 16 \u2013 paragraph 1 \u2013 point h a (new)"]],"meps":[96777],"meta":{"created":"2019-07-03T05:49:40"},"new":["(ha) the information on the use of the","rights represented by the collective","management organisation where it is","necessary for determining the amounts of","the rights revenue due to the rightholder."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"446","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Christian Engstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-242","justification":"Article 10 mentions that this income derived from investments should be kept separate from\nthe collecting society's own funds, but not that it should actually be paid out to the\nrightholders. 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It is necessary to show\n that there are absolutely no obstacles to that choice on any grounds connected with the\n rightholder\u2019s Member State of origin or of residence.","location":[[" Proposal for a directive","Article 4 \u2013 paragraph 1 a (new)"]],"meps":[34254],"meta":{"created":"2019-07-03T05:49:40"},"new":["Member States shall ensure that","rightholders are free to choose their","collecting society, irrespective of its place","of establishment."],"orig_lang":"bg","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"249","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Tiziano Motti","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-453","justification":"To require collecting societies to make the information listed in paragraph 1 available to any\nuser would be unreasonable and too broad as the definition of a \u2018user\u2019 provided under Article\n3(i) is almost unlimited and includes any potential user. Collecting societies should be\nobliged to provide the information only to users that have a real and direct commercial\ninterest in the data requested.","location":[[" Proposal for a directive","Article 18 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[96760],"meta":{"created":"2019-07-03T05:49:40"},"new":["1. Member States shall ensure that a","collecting society makes the following","information available at the request of any","rightholder whose rights it represents, any","collecting society on whose behalf it","manages rights under a representation","agreement or any user who has a real and","direct commercial interest in the","information requested, by electronic","means, without undue delay:"],"old":["1. 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Par exemple, dans le secteur de l\u2019audiovisuel, en raison de\nla position de faiblesse des auteurs dans leurs relations avec les producteurs, un\nfractionnement des droits pourraient se traduire par une pression des producteurs sur les\nauteurs pour limiter l'apport en gestion collective \u00e0 seulement certains droits. Par exemple,\nles producteurs pourraient accepter une gestion collective pour la diffusion TV lin\u00e9aire, mais\nexiger une gestion individuelle pour la Vid\u00e9o \u00e0 la demande (V\u00e0D). Les effets pervers seraient\nmultiples, notamment une moindre r\u00e9mun\u00e9ration des auteurs et une plus grande difficult\u00e9\npour les t\u00e9l\u00e9diffuseurs de proposer des \u0153uvres sur diff\u00e9rents supports (n\u00e9cessit\u00e9 de recourir \u00e0\nplusieurs guichets).","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2"]],"meps":[28148],"meta":{"created":"2019-07-03T05:49:40"},"new":["2. Rightholders shall have the right to","authorise a collecting society of their","choice to manage the rights, 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 rightholder."],"old":["2. Rightholders shall have the right to","authorise a collecting society 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 rightholder."],"orig_lang":"fr","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"254","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Arlene McCarthy","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-255","justification":"Rightholders should have the option to grant exclusive or non-exclusive mandates","location":[["Proposal for a directive","Article 5 \u2013 paragraph 2"]],"meps":[2173],"meta":{"created":"2019-07-03T05:49:40"},"new":["2. Rightholders may authorise a collecting","society 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 rightholder. Rightholders may","authorise a collecting society to manage","their rights on an exclusive or a non-","exclusive basis."],"old":["2. Rightholders shall have the right to","authorise a collecting society 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 rightholder."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"255","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sajjad Karim","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-457","location":[[" Proposal for a directive","Article 18 \u2013 paragraph 1 \u2013 point b"]],"meps":[28481],"meta":{"created":"2019-07-03T05:49:40"},"new":["(b) the repertoire and rights it manages and","the Member States covered. Such","information may be provided in general","terms where provision of detailed","information imposes an unreasonable","burden on the collective management","organisation;"],"old":["(b) the repertoire and rights it manages and","the Member States covered;"],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"457","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sebastian Valentin Bodu","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-256","justification":" Rightholders should have the choice to grant exclusive or non-exclusive mandates to\n collecting societies. Such flexibility with the rights mandates would give rightholders more\n options for licensing their rights, which in turn would e.g. reduce the need for rightholders to\n withdraw repertoire or rights from the collecting societies, thus contributing to the re-\n aggregation of repertoires within collecting societies.","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2"]],"meps":[39722],"meta":{"created":"2019-07-03T05:49:40"},"new":["2. Rightholders may authorise a collecting","society 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 rightholder. A collecting society may","refuse to accept a mandate from a","rightholder if the collecting society does","not in the normal course of its activity","manage the rights covered by the","mandate. Rightholders may mandate a","collecting society to manage their rights","on an exclusive or a non-exclusive basis."],"old":["2. Rightholders shall have the right to","authorise a collecting society 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 rightholder."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"256","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Silvia-Adriana \u0142ic\u0103u","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-458","location":[["Proposal for a directive","Article 18 \u2013 paragraph 1 \u2013 point c"]],"meps":[36281],"meta":{"created":"2019-07-03T05:49:40"},"new":["(c) a list of representation agreements it has","entered into, including information on","other collecting societies involved, the","repertoire represented and the territorial","scope covered by any such agreement, and","the information provided in accordance","with Article 17."],"old":["(c) a list of representation agreements it has","entered into, including information on","other collecting societies involved, the","repertoire represented and the territorial","scope covered by any such agreement."],"orig_lang":"ro","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"458","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Klaus-Heiner Lehne","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-459","location":[["Proposal for a directive","Article 18 \u2013 paragraph 1 \u2013 point c a (new)"]],"meps":[2224],"meta":{"created":"2019-07-03T05:49:40"},"new":["(c a) the deductions made for","management fees in the period","concerned;"],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"459","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Eija-Riitta Korhola, Sirpa Pietik\u00e4inen","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-257","justification":"Independent European associations of music creators have called for the maintenance of the\nexclusive assignment of the performing right to their collective management organisation.\nThis entails that music writers assign the performing right in all their works to the society of\ntheir choice. This provides the CMO with legal certainty because it knows that it represents\nthe performing rights of all works of its members. The split of works (some compositions in\none society, others in another one) would be detrimental for CMOs as they would lose the\ncertainty of blanket licensing requested by e.g. public broadcasters. Consequently, obtaining\nlicenses will be more burdensome and costly.","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2"]],"meps":[4260,40599],"meta":{"created":"2019-07-03T05:49:40"},"new":["2. Rightholders shall have the right to","authorise a collective management","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 collective","management organisation or the","rightholder. The collective management","organisation shall have the right to","require the exclusive assignment of the","rights in all works of their members."],"old":["2. Rightholders shall have the right to","authorise a collecting society 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 rightholder."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"257","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Klaus-Heiner Lehne","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-460","location":[["Proposal for a directive","Article 18 \u2013 paragraph 1 \u2013 point c b (new)"]],"meps":[2224],"meta":{"created":"2019-07-03T05:49:40"},"new":["(cb) the deductions made for any purpose","other than management fees, including","those that may be required by national","law for the provision of any social,","cultural or educational service in the","period concerned."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"460","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Pawe\u0142 Zalewski","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-258","location":[["Proposal for a directive","Article 5 \u2013 paragraph 2 \u2013 subparagraph 1 (new)"]],"meps":[96777],"meta":{"created":"2019-07-03T05:49:40"},"new":["Rightholders shall have the right to grant","free licenses for the non-commercial use","of their works and rights. In this case the","rightholders shall inform in due time the","collective management organization","authorized to manage the rights to such","works that such a free license has been","granted."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"258","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-461","location":[[" Proposal for a directive","Article 18 \u2013 paragraph 2"]],"meps":[96945],"meta":{"created":"2019-07-03T05:49:40"},"new":["deleted"],"old":["2. In addition, a collecting society shall","make available at the request of any","rightholder or any collecting society, 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."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"461","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Cecilia Wikstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-462","location":[[" Proposal for a directive","Article 18 \u2013 paragraph 2"]],"meps":[96677],"meta":{"created":"2019-07-03T05:49:40"},"new":["2. In addition, a collective management","organisation shall make available to any","rightholder or any collective 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."],"old":["2. In addition, a collecting society shall","make available at the request of any","rightholder or any collecting society, 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."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"462","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Fran\u00e7oise Castex","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-259","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2 \u2013 subparagraph 1 (new)"]],"meps":[28148],"meta":{"created":"2019-07-03T05:49:40"},"new":["Notwithstanding paragraph 1, the general","meeting of the members of the collecting","societies may ask its members to group","together rights, types of works and other","subject matter of their choice."],"orig_lang":"fr","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"259","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Christian Engstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-463","justification":"Rightholders who are not members of a collecting society should be able to check if any of\ntheir works are listed as unidentified. Additionally, this information is valuable to users as\nwell as to end consumers. The Orphan Works Directive contains provisions on how to handle\nthe situation when rightholders cannot be found, so in order to ensure consistency, a\nreference to that Directive should be made.","location":[["Proposal for a directive","Article 18 \u2013 paragraph 2"]],"meps":[96676],"meta":{"created":"2019-07-03T05:49:41"},"new":["2. In addition, a collective management","organisation shall make publicly available","any information on works for which one or","more rightholders have not been identified","in accordance with the provisions laid","down in Directive 2012/28/EU, 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."],"old":["2. In addition, a collecting society shall","make available at the request of any","rightholder or any collecting society, 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."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"463","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Tadeusz Zwiefka, Piotr Borys, Lidia Joanna Geringer de Oedenberg","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-464","location":[["Proposal for a directive","Article 18 \u2013 paragraph 2"]],"meps":[28301,96799,28377],"meta":{"created":"2019-07-03T05:49:41"},"new":["2. A collective management organisation","shall make available at the duly motivated","request of any rightholder or any collective","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."],"old":["2. In addition, a collecting society shall","make available at the request of any","rightholder or any collecting society, 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."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"464","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Christian Engstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-260","justification":" Flexibility should be given to rightholders in the management of their works: rightholders\n should have the right to decide if some of their works could be used under free licensing, such\n as Creative Commons, without jeopardising their membership to the CMO which represents\n them.","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 2 a (new)"]],"meps":[96676],"meta":{"created":"2019-07-03T05:49:41"},"new":["2 a. Rightholders shall have the right to","grant free licences for the non-","commercial use of their works and rights.","In this case rightholders shall inform in","due time the collective management","organisations authorised to manage the","rights of such works that such a free","licence has been granted."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"260","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-261","location":[["Proposal for a directive","Article 5 \u2013 paragraph 2 a (new)"]],"meps":[96945],"meta":{"created":"2019-07-03T05:49:41"},"new":["2 a. Rightholders shall have the right to","grant free licences for the non-","commercial use of their works and rights.","In this case, rightholders shall inform in","due time the collective management","organisations authorised to manage the","rights of such works that such a free","license has been granted."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"261","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Toine Manders","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-465","location":[[" Proposal for a directive","Article 18 a (new)"]],"meta":{"created":"2019-07-03T05:49:41"},"new":["Article 18 a","To enhance transparency and prevent","situations where users receive more than","one invoice for the same rights in the","same works, collecting societies should be","required to cooperate closely among","themselves. This cooperation should","include pooling of information on","licences and use of works in a common","database, coordinated and joint invoicing","and collection of rights revenues."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"465","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Tiziano Motti","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-262","justification":" Many collecting societies operate on the basis of annual exploitation periods and annual\n licences and the withdrawal of rightholders half way through the period would make it\n extremely difficult to calculate the leaving rightholders\u2019 appropriate share of revenue.\n Collecting societies should therefore be able to choose whether the termination or withdrawal\n takes effect in the middle or at the end of the financial year.","location":[["Proposal for a directive","Article 5 \u2013 paragraph 3"]],"meps":[96760],"meta":{"created":"2019-07-03T05:49:41"},"new":["3. 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The collecting society 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."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"262","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Toine Manders","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-466","location":[[" Proposal for a directive","Article 18 b (new)"]],"meta":{"created":"2019-07-03T05:49:41"},"new":["Article 18 b","Collecting societies and users should also","establish communication procedures in","order to allow users to provide necessary","information on the use of the licences and","to report accurately on the actual use of","the works licensed."],"old":[""],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"466","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Christian Engstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-263","justification":" Individual works, see Article 5.2","location":[[" Proposal for a directive","Article 5 \u2013 paragraph 3"]],"meps":[96676],"meta":{"created":"2019-07-03T05:49:41"},"new":["3. 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Rightholders shall have the right to","terminate the authorisation to manage","rights, categories of rights or types of","works and other subject matter granted to a","collecting society or to withdraw from a","collecting society any of the rights or","categories of 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 society 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."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"263","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Pawe\u0142 Zalewski","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-467","location":[["Proposal for a directive","Article 19 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[96777],"meta":{"created":"2019-07-03T05:49:41"},"new":["1. Member States shall ensure that a","collecting society makes public through a","searchable interface at least the following","information:"],"old":["1. Member States shall ensure that a","collecting society makes public the","following information:"],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"467","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Fran\u00e7oise Castex","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-264","location":[["Proposal for a directive","Article 5 \u2013 paragraph 3"]],"meps":[28148],"meta":{"created":"2019-07-03T05:49:41"},"new":["3. Rightholders shall have the right to","terminate the authorisation to manage the","rights or types of works and other subject","matter granted to a collecting society or to","withdraw from a collecting society any of","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."],"old":["3. Rightholders shall have the right to","terminate the authorisation to manage","rights, categories of rights or types of","works and other subject matter granted to a","collecting society or to withdraw from a","collecting society any of the rights or","categories of 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 society 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."],"orig_lang":"fr","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"264","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Cecilia Wikstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-468","location":[["Proposal for a directive","Article 19 \u2013 paragraph 1 \u2013 point c"]],"meps":[96677],"meta":{"created":"2019-07-03T05:49:41"},"new":["(c) a list of the persons who manage the","business of the organisation;"],"old":["(c) the list of the persons referred to in","Article 9;"],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"468","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sajjad Karim","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-265","location":[["Proposal for a directive","Article 5 \u2013 paragraph 3"]],"meps":[28481],"meta":{"created":"2019-07-03T05:49:41"},"new":["3. 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1"]],"meps":[1906],"meta":{"created":"2019-07-03T05:49:44"},"new":["The requirements under this Title shall not","apply to collecting societies which grant,","on the basis of the voluntary aggregation of","the required rights, in compliance with the","competition rules under Articles 101 and","102 TFEU, a licence for the online rights in","musical works required by a broadcaster to","make available its radio or television","programmes as well as any online offers","connected to linear broadcasting."],"old":["The requirements under this Title shall not","apply to collecting societies which grant,","on the basis of the voluntary aggregation of","the required rights, in compliance with the","competition rules under Articles 101 and","102 TFEU, a multi-territorial licence for","the online rights in musical works required","by a broadcaster to communicate or make","available to the public its radio or","television programmes simultaneously","with or after their initial broadcast as 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This does not preclude for example temporarily\n lowering the fees or similar measures but a specific provision is needed to allow for voluntary\n transfers to the cultural fund","location":[["Proposal for a directive","Article 7 \u2013 paragraph 5 \u2013 point d a (new)"]],"meps":[96677],"meta":{"created":"2019-07-03T05:49:43"},"new":["(da) the transfer of accumulated funds","deriving from management fees in","accordance with Article 12(4);"],"old":["",""],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"304","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Christian Engstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-509","justification":" For greater clarity and conformity with recital 35, the broadcaster exception should cover\n previews.","location":[[" Proposal for a directive","Article 33 \u2013 paragraph 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The general meeting shall control the","activities of the collective 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. If the","financial management practice of the","collective management organisation is","reasonably in doubt, the general meeting","may decide to conduct an external audit,","at the request of any member of a","collective management organisation. The","result of such external audit shall be","communicated to all members and to the","public."],"old":["6. The general meeting shall control the","activities of the collecting society by, at","least, deciding on the appointment and","removal of the auditor and approving the","annual transparency report and the auditor's","report."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"315","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-520","location":[["Proposal for a directive","Article 35 \u2013 paragraph 1 a (new)"]],"meps":[96945],"meta":{"created":"2019-07-03T05:49:44"},"new":["1a. The administrative costs of seeking","recourse to such a dispute resolution shall","be reasonable."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"520","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sajjad Karim","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-316","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 6"]],"meps":[28481],"meta":{"created":"2019-07-03T05:49:44"},"new":["6. The general meeting shall control the","activities of the collective management","organisation by at least deciding on the","appointment and removal of the auditor","and having placed before them, together","with the company's accounts, the annual","transparency report."],"old":["6. The general meeting shall control the","activities of the collecting society by, at","","least, deciding on the appointment and","removal of the auditor and approving the","annual transparency report and the","auditor's report."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"316","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Toine Manders","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-521","location":[[" Proposal for a directive","Article 35 \u2013 paragraph 1 a (new)"]],"meta":{"created":"2019-07-03T05:49:44"},"new":["1a. The administrative costs of seeking","recourse to such a dispute resolution shall","be reasonable."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"521","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Evelyn Regner","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-317","location":[["Proposal for a directive","Article 7 \u2013 paragraph 6"]],"meps":[96998],"meta":{"created":"2019-07-03T05:49:44"},"new":["6. The general meeting shall control the","activities of the collecting society by, at","least, deciding on the appointment and","removal of the auditor and approving the","annual transparency report and the auditor's","report. If there are duly substantiated","doubts concerning the financial conduct","of the society, the members shall have the","right to appoint an internal or external","auditor to carry out checks. The results of","that audit must be forwarded to the","competent national authority, so that","appropriate procedures can be initiated."],"old":["6. The general meeting shall control the","activities of the collecting society by, at","least, deciding on the appointment and","removal of the auditor and approving the","annual transparency report and the auditor's","report."],"orig_lang":"de","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"317","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Silvia-Adriana \u0142ic\u0103u","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-318","location":[["Proposal for a directive","Article 7 \u2013 paragraph 7 \u2013 subparagraph 1 \u2013 introductory part"]],"meps":[36281],"meta":{"created":"2019-07-03T05:49:45"},"new":["Any restriction on the right of the members","of the collective management organisation","to participate and to exercise voting rights","at the general meeting shall be prohibited."],"old":["Any restriction on the right of the","members of the collecting society to","participate and to exercise voting rights at","the general meeting shall be fair and","proportionate and be based on the","","following criteria:"],"orig_lang":"ro","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"318","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Christian Engstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-522","location":[[" Proposal for a directive","Article 35 \u2013 paragraph 2"]],"meps":[96676],"meta":{"created":"2019-07-03T05:49:44"},"new":["2. Where the obligation set out in","paragraph 1 is implemented by recourse to","an independent and impartial dispute","resolution body, this shall not prevent the","parties from asserting and defending their","rights by bringing an action before a court,","and shall allow the parties to challenge","the impartiality and independence of the","dispute resolution body, or its members,","before the courts."],"old":["2. Where the obligation set out in","paragraph 1 is implemented by recourse to","an independent and impartial dispute","resolution body, this shall not prevent the","parties from asserting and defending their","rights by bringing an action before a court."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"522","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Christian Engstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-319","justification":" Broad participation and efficient voting should be encouraged.","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 7 \u2013 subparagraph 1 \u2013 introductory part"]],"meps":[96676],"meta":{"created":"2019-07-03T05:49:45"},"new":["Every member of a collective management","organisation shall have the right to vote at","the general meeting, including, where","appropriate, by electronic vote. Any","restriction on the right of the members of","the collective management organisation to","participate and to exercise voting rights at","the general meeting shall be fair and","proportionate and be based on the","following criteria:"],"old":["Any restriction on the right of the members","of the collecting society to participate and","to exercise voting rights at the general","meeting shall be fair and proportionate and","be based on the following criteria:"],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"319","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Silvia-Adriana \u0142ic\u0103u","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-320","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 7 \u2013 subparagraph 1 \u2013 point a"]],"meps":[36281],"meta":{"created":"2019-07-03T05:49:45"},"new":["deleted"],"old":["(a) duration of membership;"],"orig_lang":"ro","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"320","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Klaus-Heiner Lehne","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-523","location":[["Proposal for a directive","Article 35 \u2013 paragraph 2"]],"meps":[2224],"meta":{"created":"2019-07-03T05:49:44"},"new":["2. The obligation set out in paragraph 1","shall not prevent the parties from asserting","and defending their rights by bringing an","action before a court."],"old":["2. Where the obligation set out in","paragraph 1 is implemented by recourse to","an independent and impartial dispute","resolution body, this shall not prevent the","parties from asserting and defending their","rights by bringing an action before a court."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"523","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Silvia-Adriana \u0142ic\u0103u","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-321","location":[["Proposal for a directive","Article 7 \u2013 paragraph 7 \u2013 subparagraph 1 \u2013 point b"]],"meps":[36281],"meta":{"created":"2019-07-03T05:49:45"},"new":["deleted"],"old":["(b) amounts received or due to a member","in relation to the specified financial","period."],"orig_lang":"ro","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"321","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Christian Engstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-322","justification":"Conditioning the right to vote on amounts received is undemocratic. Since the income\ndistribution of rights holders in collective management organisations is extremely unequal,\nrestricting voting power according to amounts received may give rise to unreasonably large\ndifferences in influence.","location":[["Proposal for a directive","Article 7 \u2013 paragraph 7 \u2013 subparagraph 1 \u2013 point b"]],"meps":[96676],"meta":{"created":"2019-07-03T05:49:45"},"new":["deleted"],"old":["(b) amounts received or due to a member","in relation to the specified financial","period."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"322","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marietje Schaake","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-323","location":[["Proposal for a directive","Article 7 \u2013 paragraph 7 \u2013 subparagraph 1 \u2013 point b"]],"meps":[96945],"meta":{"created":"2019-07-03T05:49:45"},"new":["deleted"],"old":["(b) amounts received or due to a member","in relation to the specified financial","period."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"323","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Christian Engstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-524","location":[["Proposal for a directive","Article 35 \u2013 paragraph 2 a (new)"]],"meps":[96676],"meta":{"created":"2019-07-03T05:49:44"},"new":["2a. A person requesting a licence or the","renewal of a licence may request the","dispute resolution body to determine a","reasonable interim tariff. An interim tariff","shall be deemed to authorise the person","requesting a licence or the renewal of a","licence to carry out the acts necessary for","the product or service to operate, with the","proviso that an interim tariff does not give","right to a compulsory licence. Subject to","the foregoing, the independent dispute","resolution body shall determine a","reasonable interim tariff within 90 days of","receiving an application.","A person requesting the renewal of a","licence may request the dispute resolution","body that the tariff of the previously","agreed licence shall take effect as the","interim tariff.","The interim tariff shall remain valid until","the parties reach mutual agreement on a","tariff, or until the dispute resolution body","reaches a decision on the applicable tariff.","The decision on the applicable tariff shall","be retroactive and provide for the","settlement of the payments made under","the interim tariff against the tariff."],"old":["",""],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"524","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Silvia-Adriana \u0142ic\u0103u","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-324","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 7 \u2013 subparagraph 2"]],"meps":[36281],"meta":{"created":"2019-07-03T05:49:45"},"new":["deleted"],"old":["These criteria shall be included in the","statute or the membership terms of the","collecting society and shall be made","publicly available in accordance with","Articles 17 and 19."],"orig_lang":"ro","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"324","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Arlene McCarthy","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-525","justification":" Parties may abuse the use of dispute resolution mechanisms, for example, to avoid or delay\n obligations such as payment of the licence fees. To ensure that these dispute resolution\n mechanisms are used in good faith, and given the potential length of proceedings, the\n provisions should specify that where a dispute resolution process is pending, users may only\n use the works or other protected content provided that, as a minimum obligation, they pay the\n tariffs published by the collecting society or, where there is no pre-existing tariff, a monthly\n fee set by the dispute resolution body, into an escrow account.","location":[[" Proposal for a directive","Article 35 \u2013 paragraph 2 a (new)"]],"meps":[2173],"meta":{"created":"2019-07-03T05:49:45"},"new":["2a. Member States shall ensure that if","users resort to dispute resolution bodies,","the sums in question are frozen while the","process is pending."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"525","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Tiziano Motti","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-325","justification":"Proxies should be limited to other members or shareholders of the collecting society. The\nparticipation of outside third parties may seriously impact on the efficient work of the general\nmeeting and does not appear to be adequate. Furthermore, allowing one member to hold an\nunlimited number of proxies could have unintended negative consequences. It could lead to\n\"takeovers\" of collecting societies by relatively small number of rightholders representing\nonly narrow categories of rights and rightholders. Member States should therefore at the very\nleast be allowed to limit the number of proxies which one member can receive.","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 8"]],"meps":[96760],"meta":{"created":"2019-07-03T05:49:45"},"new":["8. Every member of a collecting society","shall have the right to appoint any other","natural or legal person who is a member or","a shareholder as the case may be of the","collecting society as a proxy holder to","attend and vote at the general meeting in","his name. Member States may limit the","number of mandates given to another","member or shareholder."],"old":["8. Every member of a collecting society","shall have the right to appoint any other","natural or legal person as a proxy holder to","attend and vote at the general meeting in","his name."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"325","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Sebastian Valentin Bodu","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-526","location":[[" Proposal for a directive","Article 35 \u2013 paragraph 2 a (new)"]],"meps":[39722],"meta":{"created":"2019-07-03T05:49:45"},"new":["2a. Member States may include in their","specific dispute legislation that the users","should deposit the disputed tariff into an","escrow account until the final and","irrevocable decision is being taken by the","dispute resolution body related to the","disputed tariff."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"526","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Cecilia Wikstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-326","justification":" It is important to balance the rights of members of a collecting society to participate in the\n governance of their society with the legitimate fears that proxy rights may be abused by\n entities that may seek to gain control over a large number of proxy votes. The balance seeked\n here is to allow a member a free choice of whom should be able to represent him or her,\n including for example their agent, but with protections guaranteeing that it is the members\n wishes that are the basis for the proxy","location":[["Proposal for a directive","Article 7 \u2013 paragraph 8"]],"meps":[96677],"meta":{"created":"2019-07-03T05:49:45"},"new":["8. Every member of a collective","management organisation shall have the","right to appoint any other natural or legal","person as a proxy holder to attend and vote","at the general meeting of members in his","name. The appointment of a proxy must","be for a specific general meeting of","members.","Any contractual agreement regarding the","appointment of a proxy or engagements to","appoint a proxy for more than one","general meeting of members at a time","shall be considered as null and void.","A collective management organisation","may restrict the maximum number of","votes a proxy holder may exercise at the","general meeting of members, as long as it","allows all proxy holders the right to","exercise at least 10 proxies.","The proxy holder shall enjoy the same","rights in the general meeting of the","members as those to which the appointing","member would be entitled.","The proxy holder shall cast votes in","accordance with the instructions issued by","the appointing member.","Anyone contacting a member of a","collective rights management","organisation to demand the right to","represent him or her at a general meeting","of members with a proxy shall inform the","member of his/her rights under the","provisions of this Article."],"old":["8. Every member of a collecting society","shall have the right to appoint any other","natural or legal person as a proxy holder to","attend and vote at the general meeting in","his name.","",""],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"326","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-527","location":[["Proposal for a directive","Article 35 \u2013 paragraph 2 a (new)"]],"meps":[28206],"meta":{"created":"2019-07-03T05:49:45"},"new":["2a. Member States shall ensure that if","users challenge the tariffs charged by a","collecting society before a court or an","independent and impartial dispute","resolution body, the sums in question are","frozen until such time as the dispute has","been settled."],"orig_lang":"fr","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"527","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Christian Engstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-327","justification":" To avoid that music publishers and/or record companies make it a standard practice to\n demand a permanent proxy from new artists that they sign a contract with, which over time\n would allow them to take control of the collecting societies.","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 8"]],"meps":[96676],"meta":{"created":"2019-07-03T05:49:45"},"new":["8. Every member of a collective","management organisation shall have the","right to appoint any other natural or legal","person as a proxy holder to attend and vote","at the general meeting in his name. To be","valid, the proxy shall have been given","freely by the member to the proxy holder","no more than three months before its use."],"old":["8. Every member of a collecting society","shall have the right to appoint any other","natural or legal person as a proxy holder to","attend and vote at the general meeting in","his name."],"orig_lang":"en","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"327","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Sajjad Karim","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-528","location":[["Proposal for a directive","Article 36 \u2013 paragraph 1 \u2013 introductory part"]],"meps":[28481],"meta":{"created":"2019-07-03T05:49:45"},"new":["1. Member States shall ensure, for the","purposes of Title III, that the following","disputes of a collecting society which","grants or offers to grant multi-territorial","licences in online rights in musical works","can be submitted to an independent and","impartial alternative dispute resolution","body expertise in intellectual property law:"],"old":["1. Member States shall ensure, for the","purposes of Title III, that the following","disputes of a collecting society which","grants or offers to grant multi-territorial","licences in online rights in musical works","","can be submitted to an independent and","impartial alternative dispute resolution","bodies:"],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"528","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Fran\u00e7oise Castex","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-328","location":[["Proposal for a directive","Article 7 \u2013 paragraph 8"]],"meps":[28148],"meta":{"created":"2019-07-03T05:49:45"},"new":["8. Every member of a collecting society","shall have the right to appoint any member","as a proxy holder to attend and vote at the","general meeting in his name, provided that","there is no conflict of interest. The proxy","holder may not be a natural or legal","person who falls within another category","of rightholder.","Each proxy holder may only represent","one member."],"old":["8. Every member of a collecting society","shall have the right to appoint any other","natural or legal person as a proxy holder","to attend and vote at the general meeting in","his name."],"orig_lang":"fr","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"328","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Christian Engstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-529","location":[[" Proposal for a directive","Article 36 \u2013 paragraph 1 \u2013 point a"]],"meps":[96676],"meta":{"created":"2019-07-03T05:49:45"},"new":["(a) disputes with an actual or potential","online music service provider on the","application of Articles 15, 22, 23, 25 and","31;"],"old":["(a) disputes with an actual or potential","online music service provider on the","application of Articles 22, 23 and 25;"],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"529","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Marielle Gallo","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-329","location":[["Proposal for a directive","Article 7 \u2013 paragraph 8"]],"meta":{"created":"2019-07-03T05:49:45"},"new":["8. Every member of a collecting society","shall have the right to appoint his/her legal","representative or any other member as a","proxy holder to attend and vote at the","general meeting in his name."],"old":["8. Every member of a collecting society","shall have the right to appoint any other","natural or legal person as a proxy holder","to attend and vote at the general meeting in","his name."],"orig_lang":"fr","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"329","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marietje Schaake","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-530","location":[[" Proposal for a directive","Article 36 \u2013 paragraph 1 \u2013 point c"]],"meps":[96945],"meta":{"created":"2019-07-03T05:49:45"},"new":["(c) disputes with another collecting society","on the application of Articles 22, 23, 24,","25, 26, 28 and 29."],"old":["(c) disputes with another collecting society","on the application of Articles 24, 25, 26, 28","and 29."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"530","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-330","location":[["Proposal for a directive","Article 7 \u2013 paragraph 8 a (new)"]],"meps":[28206],"meta":{"created":"2019-07-03T05:49:45"},"new":["8a. If a collecting society allows its","members to designate a proxy holder to","represent them at the general meeting and","vote on their behalf, it may insist that they","choose that proxy holder from among the","other members in the same category."],"orig_lang":"fr","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"330","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Pawe\u0142 Zalewski","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-531","location":[[" Proposal for a directive","Article 37 \u2013 title"]],"meps":[96777],"meta":{"created":"2019-07-03T05:49:45"},"new":["Compliance with the Directive"],"old":["Complaints"],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"531","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Marielle Gallo","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.141-331","location":[[" Proposal for a directive","Article 7 \u2013 paragraph 8 a (new)"]],"meta":{"created":"2019-07-03T05:49:45"},"new":["8a. Member States may allow collecting","societies to introduce electronic voting."],"orig_lang":"fr","peid":"PE513.141v01-00","reference":"2012/0180(COD)","seq":"331","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.141+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Cecilia Wikstr\u00f6m","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-532","justification":"One could easily see that a CMO may have complaints over how another CMO is setting up\nits procedures in areas covered by this directive, they should also be allowed to bring these\ncomplaints to the attention of the national authorities.","location":[["Proposal for a directive","Article 37 \u2013 paragraph 1"]],"meps":[96677],"meta":{"created":"2019-07-03T05:49:45"},"new":["1. 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Member States shall ensure that","compliance by collective management","organisations established in their territory","with the provisions of national law","adopted pursuant to the requirements laid","down in this Directive is monitored by","competent authorities designated for that","purpose. To this end Member States may","require these collective management","organisations to obtain the prior","authorisation from the competent","authority before commencing the","collective management. Member States","should not decline the prior authorisation","for operating on their territories unless","there are reasonable circumstances that","justify such a refusal. Collective","management organisations operating in","Member States for at least twenty years as","of the date of entry into force of this","Directive should be granted authorisation","on automatic basis without any","formalities. Every collecting management","organisation which is declined the","authorisation or its authorisation is","revoked has a right to appeal against the","decision."],"old":["1. Member States shall ensure that","procedures are set up for members of a","","collecting society, rightholders, users and","other interested parties to submit","complaints to the competent authorities","with regard to the activities of collecting","societies which are covered by this","Directive."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"533","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Tadeusz Zwiefka, Piotr Borys","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-534","location":[[" Proposal for a directive","Article 37 \u2013 paragraph 1 a (new)"]],"meps":[28301,96799],"meta":{"created":"2019-07-03T05:49:45"},"new":["1a. Member States may require collective","management organisations established","outside their territory to obtain a prior","authorisation from the competent","authority in order to operate within the","framework of the arrangements in that","Member State concerning the","management of rights such as extended","collective licensing, compulsory collective","management and legal presumptions of","representation, or transfer of rights.","Member States shall ensure that","compliance by collective management","organisations, operating in their territory","on the basis of such authorisation, with","the provisions of national law adopted","pursuant to the requirements laid down in","this Directive is monitored by competent","authorities designated for that purpose."],"old":[""],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"534","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Pawe\u0142 Zalewski","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-535","location":[["Proposal for a directive","Article 37 \u2013 paragraph 1 a (new)"]],"meps":[96777],"meta":{"created":"2019-07-03T05:49:45"},"new":["1a. Member States may require collective","management organisations established","outside their territory to obtain a prior","authorisation from the competent","authority in order to operate within the","framework of the arrangements in that","Member State concerning the","management of rights such as extended","collective licensing, compulsory collective","management and legal presumptions of","representation, or transfer of rights.","Member States shall ensure that","compliance by collective management","organisations, operating in their territory","on the basis of such authorisation, with","the provisions of national law adopted","pursuant to the requirements laid down in","this Directive is monitored by competent","authorities designated for that purpose."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"535","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Silvia-Adriana \u0142ic\u0103u","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-536","location":[[" Proposal for a directive","Article 41 \u2013 paragraph 1"]],"meps":[36281],"meta":{"created":"2019-07-03T05:49:45"},"new":["By [3 years after the end of the","transposition period (date)], the","Commission shall assess the application of","this Directive and report to the European","Parliament and to the Council on the","application of this Directive, including its","impact on the development of cross-border","services and on cultural diversity, and, if","necessary, on the need to review it. 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The","Commission shall submit its report","accompanied, if appropriate, by a","legislative proposal."],"orig_lang":"ro","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"536","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":" Jean-Marie Cavada","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-537","location":[[" Proposal for a directive","Article 41 \u2013 paragraph 1"]],"meps":[28206],"meta":{"created":"2019-07-03T05:49:45"},"new":["By [5 years after the end of the","transposition period (date)], the","Commission shall assess the application of","this Directive and report to the European","Parliament and to the Council on the","application of this Directive, including its","impact on the development of cross-border","services and on cultural diversity, and, if","necessary, on the need to review it. 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The","Commission shall submit its report","accompanied, if appropriate, by a","legislative proposal."],"orig_lang":"fr","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"537","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"J\u00f3zsef Sz\u00e1jer","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-538","location":[["Proposal for a directive","Article 41 \u2013 paragraph 1"]],"meps":[23821],"meta":{"created":"2019-07-03T05:49:45"},"new":["By [5 years after the end of the","transposition period (date)], the","Commission shall assess the application of","this Directive and report to the European","Parliament and to the Council on the","application of this Directive, including its","impact on the development of cross-border","collective management activities and on","cultural diversity, and, if necessary, on the","need to review it. 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The","Commission shall submit its report","accompanied, if appropriate, by a","legislative proposal."],"orig_lang":"en","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"538","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Silvia-Adriana \u0142ic\u0103u","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-539","location":[["Proposal for a directive","Annex 1 \u2013 point 1 \u2013 point g a (new)"]],"meps":[36281],"meta":{"created":"2019-07-03T05:49:45"},"new":["(ga) the information referred to in Article","17;"],"orig_lang":"ro","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"539","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"},{"authors":"Silvia-Adriana \u0142ic\u0103u","changes":{},"committee":["JURI"],"date":"2013-06-06T00:00:00","id":"PE513.142-540","location":[["Proposal for a directive","Annex 1 \u2013 point 2 \u2013 point c \u2013 point ii"]],"meps":[36281],"meta":{"created":"2019-07-03T05:49:45"},"new":["(ii) total amount paid to rightholders, with","a breakdown per category of rights","managed and type of use and per Member","State;"],"old":["(ii) total amount paid to rightholders, with","a breakdown per category of rights","managed and type of use;"],"orig_lang":"ro","peid":"PE513.142v01-00","reference":"2012/0180(COD)","seq":"540","src":"http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-//EP//NONSGML+COMPARL+PE-513.142+01+DOC+PDF+V0//EN&language=EN"}],"changes":{"2012-08-15T18:46:00":[{"data":[{"body":"EP","date":"2012-07-11T00:00:00","type":"EP officialisation"},{"body":"EC","commission":[{"Commissioner":"BARNIER Michel","DG":{"title":"Internal Market and Services","url":"http://ec.europa.eu/dgs/internal_market/"}}],"date":"2012-07-11T00:00:00","docs":[{"celexid":"CELEX:52012PC0372:EN","title":"COM(2012)0372","type":"Legislative proposal published","url":"http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2012&nu_doc=372"},{"title":"SWD(2012)0204","type":"Document attached to the procedure","url":"http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2012:0204:FIN:EN:PDF"},{"title":"SWD(2012)0205","type":"Document attached to the procedure","url":"http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SWD:2012:0205:FIN:EN:PDF"}],"type":"Legislative proposal"}],"path":["activities"],"type":"added"},{"data":[{"body":"EC","commissioner":"BARNIER Michel","dg":{"title":"Internal Market and Services","url":"http://ec.europa.eu/dgs/internal_market/"}}],"path":["other"],"type":"added"},{"data":[{"body":"EP","committee":"CULT","committee_full":"Culture and Education","responsible":false},{"body":"EP","committee":"IMCO","committee_full":"Internal Market and Consumer Protection","responsible":false},{"body":"EP","committee":"ITRE","committee_full":"Industry, Research and Energy","responsible":false},{"body":"EP","committee":"JURI","committee_full":"Legal Affairs","date":"2012-07-09T00:00:00","rapporteur":[{"group":"EPP","mepref":"4de185200fb8127435bdbe8e","name":"GALLO Marielle"}],"responsible":true}],"path":["committees"],"type":"added"},{"data":{"European Commission":{"title":"PreLex","url":"http://ec.europa.eu/prelex/liste_resultats.cfm?CL=en&ReqId=0&DocType=COD&DocYear=2012&DocNum=0180"},"National parliaments":{"title":"IPEX","url":"http://www.ipex.eu/IPEXL-WEB/dossier/dossier.do?code=COD&year=2012&number=0180&appLng=EN"}},"path":["links"],"type":"added"},{"data":{"instrument":"Directive","legal_basis":["Treaty on the Functioning of the EU TFEU 050-p2","Treaty on the Functioning of the EU TFEU 062"],"reference":"2012/0180(COD)","stage_reached":"Preparatory phase in Parliament","subject":["2.40 Free movement of services, freedom to provide","3.30.01 Audiovisual industry and services","3.30.25 International information networks and society, internet","3.50.15 Intellectual property, copyright","4.45.06 Heritage and culture protection, movement of works of art","4.45.10 Literary and artistic property"],"subtype":"Legislation","title":"Collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online uses in the internal market","type":"COD - Ordinary legislative procedure (ex-codecision)"},"path":["procedure"],"type":"added"}],"2012-08-30T21:16:12":[{"data":["
PURPOSE : to protect the interests of the members,\nrightholders and users and to set minimum quality standards for the\nexercise by collecting societies of their freedom to provide\nmulti-territorial licensing services for online uses of musical\nworks in the internal market.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council.
\nBACKGROUND: the dissemination of content which is\nprotected by copyright and related rights and the linked services,\nincluding books, audiovisual productions and recorded music require\nthe licensing of rights by different holders of copyright and\nrelated rights, such as authors, performers, producers and\npublishers. Such services may be provided offline, such as showing\na film in a cinema or playing music in a concert hall, but also\nincreasingly online.
\nIn some sectors, licences are most often granted\ndirectly by individual rightholders (e.g. film producers). In other\nsectors, the collective management of rights plays a very important\nrole, in particular of authors' rights in musical works.
\nCollecting societies enable rightholders to be\nremunerated for uses which they would not be in a position to\ncontrol or enforce themselves, including in non-domestic markets.\nMoreover, they have an important social and cultural role as\npromoters of the diversity of cultural expressions by enabling the\nsmallest and less popular repertoires to access the\nmarket.
\nThe Commission recommends action in two\nareas.
\n\n· \nFirstly, there are significant differences in\nthe national rules governing the functioning of collecting\nsocieties, in particular as regards their transparency and\naccountability towards their members and rightholders. Collective\nrights' management in all sectors needs to adapt in terms of the\nservice provided to members and users as regards efficiency,\naccuracy, transparency and accountability.
\n\n· \nSecondly, in the licensing of the rights of\nauthors in musical works, online music service providers face\ndifficulties in acquiring licences with an aggregated repertoire\nfor the territory of more than one Member State. This situation\nleads to fragmentation of the EU market for these services, thereby\nlimiting the provision of online music services by online service\nproviders.
\nThis proposal is presented in the context of the Digital Agenda for Europe and\nthe Europe 2020 Strategy. In its \"Single Market Act\" the\nCommission underlined that, in the internet age, collective\nmanagement must be able to evolve towards more transnational,\npossibly EU-wide models of licensing. In its Communication \"A Single Market for Intellectual Property\nRights\" the Commission announced that it would be\nproposing a legal framework for the collective management of\ncopyright and related rights. The importance of this legislative\nproposal was also highlighted in the Commission's \"European Consumer\nAgenda\".
\nIMPACT ASSESSMENT : the impact assessment examines two\ngroups of options to deal with:
\n(1) options pertaining to governance and transparency\nstandards in collecting societies are\nas follows:
\n\n· \nretaining the status quo (A1);
\n\n· \nbetter enforcement (A2) of existing EU\nlaw;
\n\n· \nthe codification of existing principles\n(A3) reflecting in legislation the\nprinciples that have emerged from the case-law of the Court of\nJustice, the Commission's antitrust decisions and Recommendation\n2005/737/EC;
\n\n· \na governance and transparency framework\n(A4) which would codify the existing\nprinciples and provide a more elaborate framework of rules on\ngovernance and transparency, increasing the possibilities of\ncontrol over collecting societies.
\n(2) The following\npolicy options were examined to address the complexities of the\ncollective licensing of authors' rights in musical works for online\nuses:
\n\n· \nretaining the status quo (B1);
\n\n· \nthe European Licensing Passport\n(B2): this would foster the voluntary\nrepertoire aggregation for online uses of musical works at EU level\nand the licensing of rights through multi-territorial licensing\ninfrastructures. It would lay down common rules for all collective\nlicensors throughout the EU and would create competitive pressure\non societies to develop more efficient licensing\npractices;
\n\n· \nparallel direct licensing\n(B3);
\n\n· \nextended collective licensing and country of\norigin principle (B4);
\n\n· \na centralised portal\n(B5).
\nAfter carefully weighing up the advantages and\ndisadvantages of each of the approaches, options A4 (governance\nand transparency framework) and B2 (European Licensing\nPassport) were retained.
\nLEGAL BASIS: Articles 50(2)(g), 53 and 62 of the\nTreaty on the Functioning of the European Union.
\nCONTENT: the proposal for a directive aims to put in\nplace an appropriate legal framework for the collective management\nof rights that are administered by collecting societies on behalf\nof rightholders. It aims to:
\n\n· \nimprove the standards of governance and\ntransparency of collecting societies so that rightholders can\nexercise more effective control over them and help improve their\nmanagement efficiency;
\n\n· \nfacilitate the multi-territorial licensing by\ncollecting societies of authors' rights in musical works for the\nprovision of online services.
\n(1) Collecting societies: the proposal establishes organisational and\ntransparency rules which apply to all types of collecting\nsocieties. It provides, inter alia:
\n\n· \nrules governing the membership organisation of\ncollecting societies;
\n\n· \nrules on collecting societies financial\nmanagement: a collecting society must: (i) specify the applicable\ndeductions in its agreements with rightholders; (ii) assure members\nand rightholders fair access to any social, cultural or educational\nservices, if funded by deductions; (iii) pay the amounts due to\nrightholders accurately and without undue delay and make efforts to\nidentify rightholders.
\n\n· \nrules on levels of disclosure: (i) information\nto rightholders on amounts collected and paid, management fees\ncharged and other deductions made; (ii) information to other\ncollecting societies on the management of rights under\nrepresentation agreements; (iii) information to rightholders, other\nsocieties and users on request; (iv) annual publication of a\ntransparency report.
\n(2) Multi-territorial\nlicensing by authors' collecting societies of online rights in\nmusical works: the proposal establishes the conditions that an\nauthors' collecting society must respect when providing\nmulti-territorial licensing services for online rights in musical\nworks, namely:
\n\n· \nbeing able to process efficiently and\ntransparently the data needed for the exploitation of such licences\nby using a time-sensitive, authoritative database containing the\nnecessary data;
\n\n· \nbeing transparent as regards the online music\nrepertoire it represents;
\n\n· \noffering rightholders and other societies the\npossibility to correct the relevant data and to ensure their\naccuracy;
\n\n· \nmonitoring the actual usage of the works covered\nby the licences, being capable of processing usage reports and\ninvoicing;
\n\n· \npaying rightholders and other collecting\nsocieties without delay and provide them with information on works\nused and financial data related to their rights (e.g. amounts\ncollected, deductions made).
\nIn order to ensure that repertoires can be easily\naggregated for the benefit of music service providers who want to\noffer a service as complete as possible across Europe and for the\nbenefit of cultural diversity and consumers at large, specific\nsafeguards will apply to ensure that the repertoire of all\nsocieties have access to multi-territorial\nlicensing.
\nThe proposal also ensures that collecting societies\nput in place complaint handling and dispute resolution\nprocedures so that these are available for members and\nrightholders.
\nBUDGETARY IMPLICATIONS: the proposal has no\nimplications for the EU budget.
\nPURPOSE : to protect the interests of the members,\nrightholders and users and to set minimum quality standards for the\nexercise by collecting societies of their freedom to provide\nmulti-territorial licensing services for online uses of musical\nworks in the internal market.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council.
\nBACKGROUND: the dissemination of content which is\nprotected by copyright and related rights and the linked services,\nincluding books, audiovisual productions and recorded music require\nthe licensing of rights by different holders of copyright and\nrelated rights, such as authors, performers, producers and\npublishers. Such services may be provided offline, such as showing\na film in a cinema or playing music in a concert hall, but also\nincreasingly online.
\nIn some sectors, licences are most often granted\ndirectly by individual rightholders (e.g. film producers). In other\nsectors, the collective management of rights plays a very important\nrole, in particular of authors' rights in musical works.
\nCollecting societies enable rightholders to be\nremunerated for uses which they would not be in a position to\ncontrol or enforce themselves, including in non-domestic markets.\nMoreover, they have an important social and cultural role as\npromoters of the diversity of cultural expressions by enabling the\nsmallest and less popular repertoires to access the\nmarket.
\nThe Commission recommends action in two\nareas.
\n\n· \nFirstly, there are significant differences in\nthe national rules governing the functioning of collecting\nsocieties, in particular as regards their transparency and\naccountability towards their members and rightholders. Collective\nrights' management in all sectors needs to adapt in terms of the\nservice provided to members and users as regards efficiency,\naccuracy, transparency and accountability.
\n\n· \nSecondly, in the licensing of the rights of\nauthors in musical works, online music service providers face\ndifficulties in acquiring licences with an aggregated repertoire\nfor the territory of more than one Member State. This situation\nleads to fragmentation of the EU market for these services, thereby\nlimiting the provision of online music services by online service\nproviders.
\nThis proposal is presented in the context of the Digital Agenda for Europe and\nthe Europe 2020 Strategy. In its \"Single Market Act\" the\nCommission underlined that, in the internet age, collective\nmanagement must be able to evolve towards more transnational,\npossibly EU-wide models of licensing. In its Communication \"A Single Market for Intellectual Property\nRights\" the Commission announced that it would be\nproposing a legal framework for the collective management of\ncopyright and related rights. The importance of this legislative\nproposal was also highlighted in the Commission's \"European Consumer\nAgenda\".
\nIMPACT ASSESSMENT : the impact assessment examines two\ngroups of options to deal with:
\n(1) options pertaining to governance and transparency\nstandards in collecting societies are\nas follows:
\n\n· \nretaining the status quo (A1);
\n\n· \nbetter enforcement (A2) of existing EU\nlaw;
\n\n· \nthe codification of existing principles\n(A3) reflecting in legislation the\nprinciples that have emerged from the case-law of the Court of\nJustice, the Commission's antitrust decisions and Recommendation\n2005/737/EC;
\n\n· \na governance and transparency framework\n(A4) which would codify the existing\nprinciples and provide a more elaborate framework of rules on\ngovernance and transparency, increasing the possibilities of\ncontrol over collecting societies.
\n(2) The following\npolicy options were examined to address the complexities of the\ncollective licensing of authors' rights in musical works for online\nuses:
\n\n· \nretaining the status quo (B1);
\n\n· \nthe European Licensing Passport\n(B2): this would foster the voluntary\nrepertoire aggregation for online uses of musical works at EU level\nand the licensing of rights through multi-territorial licensing\ninfrastructures. It would lay down common rules for all collective\nlicensors throughout the EU and would create competitive pressure\non societies to develop more efficient licensing\npractices;
\n\n· \nparallel direct licensing\n(B3);
\n\n· \nextended collective licensing and country of\norigin principle (B4);
\n\n· \na centralised portal\n(B5).
\nAfter carefully weighing up the advantages and\ndisadvantages of each of the approaches, options A4 (governance\nand transparency framework) and B2 (European Licensing\nPassport) were retained.
\nLEGAL BASIS: Articles 50(2)(g), 53 and 62 of the\nTreaty on the Functioning of the European Union.
\nCONTENT: the proposal for a directive aims to put in\nplace an appropriate legal framework for the collective management\nof rights that are administered by collecting societies on behalf\nof rightholders. It aims to:
\n\n· \nimprove the standards of governance and\ntransparency of collecting societies so that rightholders can\nexercise more effective control over them and help improve their\nmanagement efficiency;
\n\n· \nfacilitate the multi-territorial licensing by\ncollecting societies of authors' rights in musical works for the\nprovision of online services.
\n(1) Collecting societies: the proposal establishes organisational and\ntransparency rules which apply to all types of collecting\nsocieties. It provides, inter alia:
\n\n· \nrules governing the membership organisation of\ncollecting societies;
\n\n· \nrules on collecting societies financial\nmanagement: a collecting society must: (i) specify the applicable\ndeductions in its agreements with rightholders; (ii) assure members\nand rightholders fair access to any social, cultural or educational\nservices, if funded by deductions; (iii) pay the amounts due to\nrightholders accurately and without undue delay and make efforts to\nidentify rightholders.
\n\n· \nrules on levels of disclosure: (i) information\nto rightholders on amounts collected and paid, management fees\ncharged and other deductions made; (ii) information to other\ncollecting societies on the management of rights under\nrepresentation agreements; (iii) information to rightholders, other\nsocieties and users on request; (iv) annual publication of a\ntransparency report.
\n(2) Multi-territorial\nlicensing by authors' collecting societies of online rights in\nmusical works: the proposal establishes the conditions that an\nauthors' collecting society must respect when providing\nmulti-territorial licensing services for online rights in musical\nworks, namely:
\n\n· \nbeing able to process efficiently and\ntransparently the data needed for the exploitation of such licences\nby using a time-sensitive, authoritative database containing the\nnecessary data;
\n\n· \nbeing transparent as regards the online music\nrepertoire it represents;
\n\n· \noffering rightholders and other societies the\npossibility to correct the relevant data and to ensure their\naccuracy;
\n\n· \nmonitoring the actual usage of the works covered\nby the licences, being capable of processing usage reports and\ninvoicing;
\n\n· \npaying rightholders and other collecting\nsocieties without delay and provide them with information on works\nused and financial data related to their rights (e.g. amounts\ncollected, deductions made).
\nIn order to ensure that repertoires can be easily\naggregated for the benefit of music service providers who want to\noffer a service as complete as possible across Europe and for the\nbenefit of cultural diversity and consumers at large, specific\nsafeguards will apply to ensure that the repertoire of all\nsocieties have access to multi-territorial\nlicensing.
\nThe proposal also ensures that collecting societies\nput in place complaint handling and dispute resolution\nprocedures so that these are available for members and\nrightholders.
\nBUDGETARY IMPLICATIONS: the proposal has no\nimplications for the EU budget.
\nPURPOSE : to protect the interests of the members,\nrightholders and users and to set minimum quality standards for the\nexercise by collecting societies of their freedom to provide\nmulti-territorial licensing services for online uses of musical\nworks in the internal market.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council.
\nBACKGROUND: the dissemination of content which is\nprotected by copyright and related rights and the linked services,\nincluding books, audiovisual productions and recorded music require\nthe licensing of rights by different holders of copyright and\nrelated rights, such as authors, performers, producers and\npublishers. Such services may be provided offline, such as showing\na film in a cinema or playing music in a concert hall, but also\nincreasingly online.
\nIn some sectors, licences are most often granted\ndirectly by individual rightholders (e.g. film producers). In other\nsectors, the collective management of rights plays a very important\nrole, in particular of authors' rights in musical works.
\nCollecting societies enable rightholders to be\nremunerated for uses which they would not be in a position to\ncontrol or enforce themselves, including in non-domestic markets.\nMoreover, they have an important social and cultural role as\npromoters of the diversity of cultural expressions by enabling the\nsmallest and less popular repertoires to access the\nmarket.
\nThe Commission recommends action in two\nareas.
\n\n· \nFirstly, there are significant differences in\nthe national rules governing the functioning of collecting\nsocieties, in particular as regards their transparency and\naccountability towards their members and rightholders. Collective\nrights' management in all sectors needs to adapt in terms of the\nservice provided to members and users as regards efficiency,\naccuracy, transparency and accountability.
\n\n· \nSecondly, in the licensing of the rights of\nauthors in musical works, online music service providers face\ndifficulties in acquiring licences with an aggregated repertoire\nfor the territory of more than one Member State. This situation\nleads to fragmentation of the EU market for these services, thereby\nlimiting the provision of online music services by online service\nproviders.
\nThis proposal is presented in the context of the Digital Agenda for Europe and\nthe Europe 2020 Strategy. In its \"Single Market Act\" the\nCommission underlined that, in the internet age, collective\nmanagement must be able to evolve towards more transnational,\npossibly EU-wide models of licensing. In its Communication \"A Single Market for Intellectual Property\nRights\" the Commission announced that it would be\nproposing a legal framework for the collective management of\ncopyright and related rights. The importance of this legislative\nproposal was also highlighted in the Commission's \"European Consumer\nAgenda\".
\nIMPACT ASSESSMENT : the impact assessment examines two\ngroups of options to deal with:
\n(1) options pertaining to governance and transparency\nstandards in collecting societies are\nas follows:
\n\n· \nretaining the status quo (A1);
\n\n· \nbetter enforcement (A2) of existing EU\nlaw;
\n\n· \nthe codification of existing principles\n(A3) reflecting in legislation the\nprinciples that have emerged from the case-law of the Court of\nJustice, the Commission's antitrust decisions and Recommendation\n2005/737/EC;
\n\n· \na governance and transparency framework\n(A4) which would codify the existing\nprinciples and provide a more elaborate framework of rules on\ngovernance and transparency, increasing the possibilities of\ncontrol over collecting societies.
\n(2) The following\npolicy options were examined to address the complexities of the\ncollective licensing of authors' rights in musical works for online\nuses:
\n\n· \nretaining the status quo (B1);
\n\n· \nthe European Licensing Passport\n(B2): this would foster the voluntary\nrepertoire aggregation for online uses of musical works at EU level\nand the licensing of rights through multi-territorial licensing\ninfrastructures. It would lay down common rules for all collective\nlicensors throughout the EU and would create competitive pressure\non societies to develop more efficient licensing\npractices;
\n\n· \nparallel direct licensing\n(B3);
\n\n· \nextended collective licensing and country of\norigin principle (B4);
\n\n· \na centralised portal\n(B5).
\nAfter carefully weighing up the advantages and\ndisadvantages of each of the approaches, options A4 (governance\nand transparency framework) and B2 (European Licensing\nPassport) were retained.
\nLEGAL BASIS: Articles 50(2)(g), 53 and 62 of the\nTreaty on the Functioning of the European Union.
\nCONTENT: the proposal for a directive aims to put in\nplace an appropriate legal framework for the collective management\nof rights that are administered by collecting societies on behalf\nof rightholders. It aims to:
\n\n· \nimprove the standards of governance and\ntransparency of collecting societies so that rightholders can\nexercise more effective control over them and help improve their\nmanagement efficiency;
\n\n· \nfacilitate the multi-territorial licensing by\ncollecting societies of authors' rights in musical works for the\nprovision of online services.
\n(1) Collecting societies: the proposal establishes organisational and\ntransparency rules which apply to all types of collecting\nsocieties. It provides, inter alia:
\n\n· \nrules governing the membership organisation of\ncollecting societies;
\n\n· \nrules on collecting societies financial\nmanagement: a collecting society must: (i) specify the applicable\ndeductions in its agreements with rightholders; (ii) assure members\nand rightholders fair access to any social, cultural or educational\nservices, if funded by deductions; (iii) pay the amounts due to\nrightholders accurately and without undue delay and make efforts to\nidentify rightholders.
\n\n· \nrules on levels of disclosure: (i) information\nto rightholders on amounts collected and paid, management fees\ncharged and other deductions made; (ii) information to other\ncollecting societies on the management of rights under\nrepresentation agreements; (iii) information to rightholders, other\nsocieties and users on request; (iv) annual publication of a\ntransparency report.
\n(2) Multi-territorial\nlicensing by authors' collecting societies of online rights in\nmusical works: the proposal establishes the conditions that an\nauthors' collecting society must respect when providing\nmulti-territorial licensing services for online rights in musical\nworks, namely:
\n\n· \nbeing able to process efficiently and\ntransparently the data needed for the exploitation of such licences\nby using a time-sensitive, authoritative database containing the\nnecessary data;
\n\n· \nbeing transparent as regards the online music\nrepertoire it represents;
\n\n· \noffering rightholders and other societies the\npossibility to correct the relevant data and to ensure their\naccuracy;
\n\n· \nmonitoring the actual usage of the works covered\nby the licences, being capable of processing usage reports and\ninvoicing;
\n\n· \npaying rightholders and other collecting\nsocieties without delay and provide them with information on works\nused and financial data related to their rights (e.g. amounts\ncollected, deductions made).
\nIn order to ensure that repertoires can be easily\naggregated for the benefit of music service providers who want to\noffer a service as complete as possible across Europe and for the\nbenefit of cultural diversity and consumers at large, specific\nsafeguards will apply to ensure that the repertoire of all\nsocieties have access to multi-territorial\nlicensing.
\nThe proposal also ensures that collecting societies\nput in place complaint handling and dispute resolution\nprocedures so that these are available for members and\nrightholders.
\nBUDGETARY IMPLICATIONS: the proposal has no\nimplications for the EU budget.
\nPURPOSE : to protect the interests of the members,\nrightholders and users and to set minimum quality standards for the\nexercise by collecting societies of their freedom to provide\nmulti-territorial licensing services for online uses of musical\nworks in the internal market.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council.
\nBACKGROUND: the dissemination of content which is\nprotected by copyright and related rights and the linked services,\nincluding books, audiovisual productions and recorded music require\nthe licensing of rights by different holders of copyright and\nrelated rights, such as authors, performers, producers and\npublishers. Such services may be provided offline, such as showing\na film in a cinema or playing music in a concert hall, but also\nincreasingly online.
\nIn some sectors, licences are most often granted\ndirectly by individual rightholders (e.g. film producers). In other\nsectors, the collective management of rights plays a very important\nrole, in particular of authors' rights in musical works.
\nCollecting societies enable rightholders to be\nremunerated for uses which they would not be in a position to\ncontrol or enforce themselves, including in non-domestic markets.\nMoreover, they have an important social and cultural role as\npromoters of the diversity of cultural expressions by enabling the\nsmallest and less popular repertoires to access the\nmarket.
\nThe Commission recommends action in two\nareas.
\n\n· \nFirstly, there are significant differences in\nthe national rules governing the functioning of collecting\nsocieties, in particular as regards their transparency and\naccountability towards their members and rightholders. Collective\nrights' management in all sectors needs to adapt in terms of the\nservice provided to members and users as regards efficiency,\naccuracy, transparency and accountability.
\n\n· \nSecondly, in the licensing of the rights of\nauthors in musical works, online music service providers face\ndifficulties in acquiring licences with an aggregated repertoire\nfor the territory of more than one Member State. This situation\nleads to fragmentation of the EU market for these services, thereby\nlimiting the provision of online music services by online service\nproviders.
\nThis proposal is presented in the context of the Digital Agenda for Europe and\nthe Europe 2020 Strategy. In its \"Single Market Act\" the\nCommission underlined that, in the internet age, collective\nmanagement must be able to evolve towards more transnational,\npossibly EU-wide models of licensing. In its Communication \"A Single Market for Intellectual Property\nRights\" the Commission announced that it would be\nproposing a legal framework for the collective management of\ncopyright and related rights. The importance of this legislative\nproposal was also highlighted in the Commission's \"European Consumer\nAgenda\".
\nIMPACT ASSESSMENT : the impact assessment examines two\ngroups of options to deal with:
\n(1) options pertaining to governance and transparency\nstandards in collecting societies are\nas follows:
\n\n· \nretaining the status quo (A1);
\n\n· \nbetter enforcement (A2) of existing EU\nlaw;
\n\n· \nthe codification of existing principles\n(A3) reflecting in legislation the\nprinciples that have emerged from the case-law of the Court of\nJustice, the Commission's antitrust decisions and Recommendation\n2005/737/EC;
\n\n· \na governance and transparency framework\n(A4) which would codify the existing\nprinciples and provide a more elaborate framework of rules on\ngovernance and transparency, increasing the possibilities of\ncontrol over collecting societies.
\n(2) The following\npolicy options were examined to address the complexities of the\ncollective licensing of authors' rights in musical works for online\nuses:
\n\n· \nretaining the status quo (B1);
\n\n· \nthe European Licensing Passport\n(B2): this would foster the voluntary\nrepertoire aggregation for online uses of musical works at EU level\nand the licensing of rights through multi-territorial licensing\ninfrastructures. It would lay down common rules for all collective\nlicensors throughout the EU and would create competitive pressure\non societies to develop more efficient licensing\npractices;
\n\n· \nparallel direct licensing\n(B3);
\n\n· \nextended collective licensing and country of\norigin principle (B4);
\n\n· \na centralised portal\n(B5).
\nAfter carefully weighing up the advantages and\ndisadvantages of each of the approaches, options A4 (governance\nand transparency framework) and B2 (European Licensing\nPassport) were retained.
\nLEGAL BASIS: Articles 50(2)(g), 53 and 62 of the\nTreaty on the Functioning of the European Union.
\nCONTENT: the proposal for a directive aims to put in\nplace an appropriate legal framework for the collective management\nof rights that are administered by collecting societies on behalf\nof rightholders. It aims to:
\n\n· \nimprove the standards of governance and\ntransparency of collecting societies so that rightholders can\nexercise more effective control over them and help improve their\nmanagement efficiency;
\n\n· \nfacilitate the multi-territorial licensing by\ncollecting societies of authors' rights in musical works for the\nprovision of online services.
\n(1) Collecting societies: the proposal establishes organisational and\ntransparency rules which apply to all types of collecting\nsocieties. It provides, inter alia:
\n\n· \nrules governing the membership organisation of\ncollecting societies;
\n\n· \nrules on collecting societies financial\nmanagement: a collecting society must: (i) specify the applicable\ndeductions in its agreements with rightholders; (ii) assure members\nand rightholders fair access to any social, cultural or educational\nservices, if funded by deductions; (iii) pay the amounts due to\nrightholders accurately and without undue delay and make efforts to\nidentify rightholders.
\n\n· \nrules on levels of disclosure: (i) information\nto rightholders on amounts collected and paid, management fees\ncharged and other deductions made; (ii) information to other\ncollecting societies on the management of rights under\nrepresentation agreements; (iii) information to rightholders, other\nsocieties and users on request; (iv) annual publication of a\ntransparency report.
\n(2) Multi-territorial\nlicensing by authors' collecting societies of online rights in\nmusical works: the proposal establishes the conditions that an\nauthors' collecting society must respect when providing\nmulti-territorial licensing services for online rights in musical\nworks, namely:
\n\n· \nbeing able to process efficiently and\ntransparently the data needed for the exploitation of such licences\nby using a time-sensitive, authoritative database containing the\nnecessary data;
\n\n· \nbeing transparent as regards the online music\nrepertoire it represents;
\n\n· \noffering rightholders and other societies the\npossibility to correct the relevant data and to ensure their\naccuracy;
\n\n· \nmonitoring the actual usage of the works covered\nby the licences, being capable of processing usage reports and\ninvoicing;
\n\n· \npaying rightholders and other collecting\nsocieties without delay and provide them with information on works\nused and financial data related to their rights (e.g. amounts\ncollected, deductions made).
\nIn order to ensure that repertoires can be easily\naggregated for the benefit of music service providers who want to\noffer a service as complete as possible across Europe and for the\nbenefit of cultural diversity and consumers at large, specific\nsafeguards will apply to ensure that the repertoire of all\nsocieties have access to multi-territorial\nlicensing.
\nThe proposal also ensures that collecting societies\nput in place complaint handling and dispute resolution\nprocedures so that these are available for members and\nrightholders.
\nBUDGETARY IMPLICATIONS: the proposal has no\nimplications for the EU budget.
\nPURPOSE : to protect the interests of the members,\nrightholders and users and to set minimum quality standards for the\nexercise by collecting societies of their freedom to provide\nmulti-territorial licensing services for online uses of musical\nworks in the internal market.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council.
\nBACKGROUND: the dissemination of content which is\nprotected by copyright and related rights and the linked services,\nincluding books, audiovisual productions and recorded music require\nthe licensing of rights by different holders of copyright and\nrelated rights, such as authors, performers, producers and\npublishers. Such services may be provided offline, such as showing\na film in a cinema or playing music in a concert hall, but also\nincreasingly online.
\nIn some sectors, licences are most often granted\ndirectly by individual rightholders (e.g. film producers). In other\nsectors, the collective management of rights plays a very important\nrole, in particular of authors' rights in musical works.
\nCollecting societies enable rightholders to be\nremunerated for uses which they would not be in a position to\ncontrol or enforce themselves, including in non-domestic markets.\nMoreover, they have an important social and cultural role as\npromoters of the diversity of cultural expressions by enabling the\nsmallest and less popular repertoires to access the\nmarket.
\nThe Commission recommends action in two\nareas.
\n\n· \nFirstly, there are significant differences in\nthe national rules governing the functioning of collecting\nsocieties, in particular as regards their transparency and\naccountability towards their members and rightholders. Collective\nrights' management in all sectors needs to adapt in terms of the\nservice provided to members and users as regards efficiency,\naccuracy, transparency and accountability.
\n\n· \nSecondly, in the licensing of the rights of\nauthors in musical works, online music service providers face\ndifficulties in acquiring licences with an aggregated repertoire\nfor the territory of more than one Member State. This situation\nleads to fragmentation of the EU market for these services, thereby\nlimiting the provision of online music services by online service\nproviders.
\nThis proposal is presented in the context of the Digital Agenda for Europe and\nthe Europe 2020 Strategy. In its \"Single Market Act\" the\nCommission underlined that, in the internet age, collective\nmanagement must be able to evolve towards more transnational,\npossibly EU-wide models of licensing. In its Communication \"A Single Market for Intellectual Property\nRights\" the Commission announced that it would be\nproposing a legal framework for the collective management of\ncopyright and related rights. The importance of this legislative\nproposal was also highlighted in the Commission's \"European Consumer\nAgenda\".
\nIMPACT ASSESSMENT : the impact assessment examines two\ngroups of options to deal with:
\n(1) options pertaining to governance and transparency\nstandards in collecting societies are\nas follows:
\n\n· \nretaining the status quo (A1);
\n\n· \nbetter enforcement (A2) of existing EU\nlaw;
\n\n· \nthe codification of existing principles\n(A3) reflecting in legislation the\nprinciples that have emerged from the case-law of the Court of\nJustice, the Commission's antitrust decisions and Recommendation\n2005/737/EC;
\n\n· \na governance and transparency framework\n(A4) which would codify the existing\nprinciples and provide a more elaborate framework of rules on\ngovernance and transparency, increasing the possibilities of\ncontrol over collecting societies.
\n(2) The following\npolicy options were examined to address the complexities of the\ncollective licensing of authors' rights in musical works for online\nuses:
\n\n· \nretaining the status quo (B1);
\n\n· \nthe European Licensing Passport\n(B2): this would foster the voluntary\nrepertoire aggregation for online uses of musical works at EU level\nand the licensing of rights through multi-territorial licensing\ninfrastructures. It would lay down common rules for all collective\nlicensors throughout the EU and would create competitive pressure\non societies to develop more efficient licensing\npractices;
\n\n· \nparallel direct licensing\n(B3);
\n\n· \nextended collective licensing and country of\norigin principle (B4);
\n\n· \na centralised portal\n(B5).
\nAfter carefully weighing up the advantages and\ndisadvantages of each of the approaches, options A4 (governance\nand transparency framework) and B2 (European Licensing\nPassport) were retained.
\nLEGAL BASIS: Articles 50(2)(g), 53 and 62 of the\nTreaty on the Functioning of the European Union.
\nCONTENT: the proposal for a directive aims to put in\nplace an appropriate legal framework for the collective management\nof rights that are administered by collecting societies on behalf\nof rightholders. It aims to:
\n\n· \nimprove the standards of governance and\ntransparency of collecting societies so that rightholders can\nexercise more effective control over them and help improve their\nmanagement efficiency;
\n\n· \nfacilitate the multi-territorial licensing by\ncollecting societies of authors' rights in musical works for the\nprovision of online services.
\n(1) Collecting societies: the proposal establishes organisational and\ntransparency rules which apply to all types of collecting\nsocieties. It provides, inter alia:
\n\n· \nrules governing the membership organisation of\ncollecting societies;
\n\n· \nrules on collecting societies financial\nmanagement: a collecting society must: (i) specify the applicable\ndeductions in its agreements with rightholders; (ii) assure members\nand rightholders fair access to any social, cultural or educational\nservices, if funded by deductions; (iii) pay the amounts due to\nrightholders accurately and without undue delay and make efforts to\nidentify rightholders.
\n\n· \nrules on levels of disclosure: (i) information\nto rightholders on amounts collected and paid, management fees\ncharged and other deductions made; (ii) information to other\ncollecting societies on the management of rights under\nrepresentation agreements; (iii) information to rightholders, other\nsocieties and users on request; (iv) annual publication of a\ntransparency report.
\n(2) Multi-territorial\nlicensing by authors' collecting societies of online rights in\nmusical works: the proposal establishes the conditions that an\nauthors' collecting society must respect when providing\nmulti-territorial licensing services for online rights in musical\nworks, namely:
\n\n· \nbeing able to process efficiently and\ntransparently the data needed for the exploitation of such licences\nby using a time-sensitive, authoritative database containing the\nnecessary data;
\n\n· \nbeing transparent as regards the online music\nrepertoire it represents;
\n\n· \noffering rightholders and other societies the\npossibility to correct the relevant data and to ensure their\naccuracy;
\n\n· \nmonitoring the actual usage of the works covered\nby the licences, being capable of processing usage reports and\ninvoicing;
\n\n· \npaying rightholders and other collecting\nsocieties without delay and provide them with information on works\nused and financial data related to their rights (e.g. amounts\ncollected, deductions made).
\nIn order to ensure that repertoires can be easily\naggregated for the benefit of music service providers who want to\noffer a service as complete as possible across Europe and for the\nbenefit of cultural diversity and consumers at large, specific\nsafeguards will apply to ensure that the repertoire of all\nsocieties have access to multi-territorial\nlicensing.
\nThe proposal also ensures that collecting societies\nput in place complaint handling and dispute resolution\nprocedures so that these are available for members and\nrightholders.
\nBUDGETARY IMPLICATIONS: the proposal has no\nimplications for the EU budget.
\nThe Council held a public debate on several aspects of\nthe EUs strategy to modernise copyright laws. In particular,\nthe debate focused on three key elements of the strategy: (i) the\ncopyright framework across the digital single market, (ii) the\ndifferent national policies on private copying levies, and (iii)\nthe collective management of copyright and multi-territorial\nlicensing of online music.
\nIn regard to this third element, i.e. the collective management of copyright and\nmulti-territorial licensing of online music, the Council took note\nof a progress report as well as of an oral update by the\nPresidency.
\nA Presidency compromise proposal was sent to\ndelegations on 5 April 2013, involving partial or substantial\nredrafting of a majority of the articles of the text. This text\nis being examined in a series of Working Party meetings. The final\nmeetings of the Working Party under the irish Presidency are\nscheduled for 4 June and 12 June. It is understood that\nParliaments Legal Affairs Committee envisages adopting its\nreport on the proposal in early July.
\nTo recall, the proposed Directive pursues two\ncomplementary objectives: firstly, it aims to put in place an\nappropriate legal framework for the collective management of\nauthors rights by providing for rules ensuring improved\ngovernance and greater transparency of all collecting societies;\nsecondly, it aims to facilitate the multi-territorial and\nmulti-repertoire licensing by collecting societies of the rights of\nauthors in their musical works for online uses within the internal\nmarket.
\nThe Council held a public debate on several aspects of\nthe EUs strategy to modernise copyright laws. In particular,\nthe debate focused on three key elements of the strategy: (i) the\ncopyright framework across the digital single market, (ii) the\ndifferent national policies on private copying levies, and (iii)\nthe collective management of copyright and multi-territorial\nlicensing of online music.
\nIn regard to this third element, i.e. the collective management of copyright and\nmulti-territorial licensing of online music, the Council took note\nof a progress report as well as of an oral update by the\nPresidency.
\nA Presidency compromise proposal was sent to\ndelegations on 5 April 2013, involving partial or substantial\nredrafting of a majority of the articles of the text. This text\nis being examined in a series of Working Party meetings. The final\nmeetings of the Working Party under the irish Presidency are\nscheduled for 4 June and 12 June. It is understood that\nParliaments Legal Affairs Committee envisages adopting its\nreport on the proposal in early July.
\nTo recall, the proposed Directive pursues two\ncomplementary objectives: firstly, it aims to put in place an\nappropriate legal framework for the collective management of\nauthors rights by providing for rules ensuring improved\ngovernance and greater transparency of all collecting societies;\nsecondly, it aims to facilitate the multi-territorial and\nmulti-repertoire licensing by collecting societies of the rights of\nauthors in their musical works for online uses within the internal\nmarket.
\nThe Council held a public debate on several aspects of\nthe EUs strategy to modernise copyright laws. In particular,\nthe debate focused on three key elements of the strategy: (i) the\ncopyright framework across the digital single market, (ii) the\ndifferent national policies on private copying levies, and (iii)\nthe collective management of copyright and multi-territorial\nlicensing of online music.
\nIn regard to this third element, i.e. the collective management of copyright and\nmulti-territorial licensing of online music, the Council took note\nof a progress report as well as of an oral update by the\nPresidency.
\nA Presidency compromise proposal was sent to\ndelegations on 5 April 2013, involving partial or substantial\nredrafting of a majority of the articles of the text. This text\nis being examined in a series of Working Party meetings. The final\nmeetings of the Working Party under the irish Presidency are\nscheduled for 4 June and 12 June. It is understood that\nParliaments Legal Affairs Committee envisages adopting its\nreport on the proposal in early July.
\nTo recall, the proposed Directive pursues two\ncomplementary objectives: firstly, it aims to put in place an\nappropriate legal framework for the collective management of\nauthors rights by providing for rules ensuring improved\ngovernance and greater transparency of all collecting societies;\nsecondly, it aims to facilitate the multi-territorial and\nmulti-repertoire licensing by collecting societies of the rights of\nauthors in their musical works for online uses within the internal\nmarket.
\nThe Council held a public debate on several aspects of\nthe EUs strategy to modernise copyright laws. In particular,\nthe debate focused on three key elements of the strategy: (i) the\ncopyright framework across the digital single market, (ii) the\ndifferent national policies on private copying levies, and (iii)\nthe collective management of copyright and multi-territorial\nlicensing of online music.
\nIn regard to this third element, i.e. the collective management of copyright and\nmulti-territorial licensing of online music, the Council took note\nof a progress report as well as of an oral update by the\nPresidency.
\nA Presidency compromise proposal was sent to\ndelegations on 5 April 2013, involving partial or substantial\nredrafting of a majority of the articles of the text. This text\nis being examined in a series of Working Party meetings. The final\nmeetings of the Working Party under the irish Presidency are\nscheduled for 4 June and 12 June. It is understood that\nParliaments Legal Affairs Committee envisages adopting its\nreport on the proposal in early July.
\nTo recall, the proposed Directive pursues two\ncomplementary objectives: firstly, it aims to put in place an\nappropriate legal framework for the collective management of\nauthors rights by providing for rules ensuring improved\ngovernance and greater transparency of all collecting societies;\nsecondly, it aims to facilitate the multi-territorial and\nmulti-repertoire licensing by collecting societies of the rights of\nauthors in their musical works for online uses within the internal\nmarket.
\nThe Council held a public debate on several aspects of\nthe EUs strategy to modernise copyright laws. In particular,\nthe debate focused on three key elements of the strategy: (i) the\ncopyright framework across the digital single market, (ii) the\ndifferent national policies on private copying levies, and (iii)\nthe collective management of copyright and multi-territorial\nlicensing of online music.
\nIn regard to this third element, i.e. the collective management of copyright and\nmulti-territorial licensing of online music, the Council took note\nof a progress report as well as of an oral update by the\nPresidency.
\nA Presidency compromise proposal was sent to\ndelegations on 5 April 2013, involving partial or substantial\nredrafting of a majority of the articles of the text. This text\nis being examined in a series of Working Party meetings. The final\nmeetings of the Working Party under the irish Presidency are\nscheduled for 4 June and 12 June. It is understood that\nParliaments Legal Affairs Committee envisages adopting its\nreport on the proposal in early July.
\nTo recall, the proposed Directive pursues two\ncomplementary objectives: firstly, it aims to put in place an\nappropriate legal framework for the collective management of\nauthors rights by providing for rules ensuring improved\ngovernance and greater transparency of all collecting societies;\nsecondly, it aims to facilitate the multi-territorial and\nmulti-repertoire licensing by collecting societies of the rights of\nauthors in their musical works for online uses within the internal\nmarket.
\nPURPOSE : to protect the interests of the members,\nrightholders and users and to set minimum quality standards for the\nexercise by collecting societies of their freedom to provide\nmulti-territorial licensing services for online uses of musical\nworks in the internal market.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council.
\nBACKGROUND: the dissemination of content which is\nprotected by copyright and related rights and the linked services,\nincluding books, audiovisual productions and recorded music require\nthe licensing of rights by different holders of copyright and\nrelated rights, such as authors, performers, producers and\npublishers. Such services may be provided offline, such as showing\na film in a cinema or playing music in a concert hall, but also\nincreasingly online.
\nIn some sectors, licences are most often granted\ndirectly by individual rightholders (e.g. film producers). In other\nsectors, the collective management of rights plays a very important\nrole, in particular of authors' rights in musical works.
\nCollecting societies enable rightholders to be\nremunerated for uses which they would not be in a position to\ncontrol or enforce themselves, including in non-domestic markets.\nMoreover, they have an important social and cultural role as\npromoters of the diversity of cultural expressions by enabling the\nsmallest and less popular repertoires to access the\nmarket.
\nThe Commission recommends action in two\nareas.
\n\n· \nFirstly, there are significant differences in\nthe national rules governing the functioning of collecting\nsocieties, in particular as regards their transparency and\naccountability towards their members and rightholders. Collective\nrights' management in all sectors needs to adapt in terms of the\nservice provided to members and users as regards efficiency,\naccuracy, transparency and accountability.
\n\n· \nSecondly, in the licensing of the rights of\nauthors in musical works, online music service providers face\ndifficulties in acquiring licences with an aggregated repertoire\nfor the territory of more than one Member State. This situation\nleads to fragmentation of the EU market for these services, thereby\nlimiting the provision of online music services by online service\nproviders.
\nThis proposal is presented in the context of the Digital Agenda for Europe and\nthe Europe 2020 Strategy. In its \"Single Market Act\" the\nCommission underlined that, in the internet age, collective\nmanagement must be able to evolve towards more transnational,\npossibly EU-wide models of licensing. In its Communication \"A Single Market for Intellectual Property\nRights\" the Commission announced that it would be\nproposing a legal framework for the collective management of\ncopyright and related rights. The importance of this legislative\nproposal was also highlighted in the Commission's \"European Consumer\nAgenda\".
\nIMPACT ASSESSMENT : the impact assessment examines two\ngroups of options to deal with:
\n(1) options pertaining to governance and transparency\nstandards in collecting societies are\nas follows:
\n\n· \nretaining the status quo (A1);
\n\n· \nbetter enforcement (A2) of existing EU\nlaw;
\n\n· \nthe codification of existing principles\n(A3) reflecting in legislation the\nprinciples that have emerged from the case-law of the Court of\nJustice, the Commission's antitrust decisions and Recommendation\n2005/737/EC;
\n\n· \na governance and transparency framework\n(A4) which would codify the existing\nprinciples and provide a more elaborate framework of rules on\ngovernance and transparency, increasing the possibilities of\ncontrol over collecting societies.
\n(2) The following\npolicy options were examined to address the complexities of the\ncollective licensing of authors' rights in musical works for online\nuses:
\n\n· \nretaining the status quo (B1);
\n\n· \nthe European Licensing Passport\n(B2): this would foster the voluntary\nrepertoire aggregation for online uses of musical works at EU level\nand the licensing of rights through multi-territorial licensing\ninfrastructures. It would lay down common rules for all collective\nlicensors throughout the EU and would create competitive pressure\non societies to develop more efficient licensing\npractices;
\n\n· \nparallel direct licensing\n(B3);
\n\n· \nextended collective licensing and country of\norigin principle (B4);
\n\n· \na centralised portal\n(B5).
\nAfter carefully weighing up the advantages and\ndisadvantages of each of the approaches, options A4 (governance\nand transparency framework) and B2 (European Licensing\nPassport) were retained.
\nLEGAL BASIS: Articles 50(2)(g), 53 and 62 of the\nTreaty on the Functioning of the European Union.
\nCONTENT: the proposal for a directive aims to put in\nplace an appropriate legal framework for the collective management\nof rights that are administered by collecting societies on behalf\nof rightholders. It aims to:
\n\n· \nimprove the standards of governance and\ntransparency of collecting societies so that rightholders can\nexercise more effective control over them and help improve their\nmanagement efficiency;
\n\n· \nfacilitate the multi-territorial licensing by\ncollecting societies of authors' rights in musical works for the\nprovision of online services.
\n(1) Collecting societies: the proposal establishes organisational and\ntransparency rules which apply to all types of collecting\nsocieties. It provides, inter alia:
\n\n· \nrules governing the membership organisation of\ncollecting societies;
\n\n· \nrules on collecting societies financial\nmanagement: a collecting society must: (i) specify the applicable\ndeductions in its agreements with rightholders; (ii) assure members\nand rightholders fair access to any social, cultural or educational\nservices, if funded by deductions; (iii) pay the amounts due to\nrightholders accurately and without undue delay and make efforts to\nidentify rightholders.
\n\n· \nrules on levels of disclosure: (i) information\nto rightholders on amounts collected and paid, management fees\ncharged and other deductions made; (ii) information to other\ncollecting societies on the management of rights under\nrepresentation agreements; (iii) information to rightholders, other\nsocieties and users on request; (iv) annual publication of a\ntransparency report.
\n(2) Multi-territorial\nlicensing by authors' collecting societies of online rights in\nmusical works: the proposal establishes the conditions that an\nauthors' collecting society must respect when providing\nmulti-territorial licensing services for online rights in musical\nworks, namely:
\n\n· \nbeing able to process efficiently and\ntransparently the data needed for the exploitation of such licences\nby using a time-sensitive, authoritative database containing the\nnecessary data;
\n\n· \nbeing transparent as regards the online music\nrepertoire it represents;
\n\n· \noffering rightholders and other societies the\npossibility to correct the relevant data and to ensure their\naccuracy;
\n\n· \nmonitoring the actual usage of the works covered\nby the licences, being capable of processing usage reports and\ninvoicing;
\n\n· \npaying rightholders and other collecting\nsocieties without delay and provide them with information on works\nused and financial data related to their rights (e.g. amounts\ncollected, deductions made).
\nIn order to ensure that repertoires can be easily\naggregated for the benefit of music service providers who want to\noffer a service as complete as possible across Europe and for the\nbenefit of cultural diversity and consumers at large, specific\nsafeguards will apply to ensure that the repertoire of all\nsocieties have access to multi-territorial\nlicensing.
\nThe proposal also ensures that collecting societies\nput in place complaint handling and dispute resolution\nprocedures so that these are available for members and\nrightholders.
\nBUDGETARY IMPLICATIONS: the proposal has no\nimplications for the EU budget.
\nPURPOSE : to protect the interests of the members,\nrightholders and users and to set minimum quality standards for the\nexercise by collecting societies of their freedom to provide\nmulti-territorial licensing services for online uses of musical\nworks in the internal market.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council.
\nBACKGROUND: the dissemination of content which is\nprotected by copyright and related rights and the linked services,\nincluding books, audiovisual productions and recorded music require\nthe licensing of rights by different holders of copyright and\nrelated rights, such as authors, performers, producers and\npublishers. Such services may be provided offline, such as showing\na film in a cinema or playing music in a concert hall, but also\nincreasingly online.
\nIn some sectors, licences are most often granted\ndirectly by individual rightholders (e.g. film producers). In other\nsectors, the collective management of rights plays a very important\nrole, in particular of authors' rights in musical works.
\nCollecting societies enable rightholders to be\nremunerated for uses which they would not be in a position to\ncontrol or enforce themselves, including in non-domestic markets.\nMoreover, they have an important social and cultural role as\npromoters of the diversity of cultural expressions by enabling the\nsmallest and less popular repertoires to access the\nmarket.
\nThe Commission recommends action in two\nareas.
\n\n· \nFirstly, there are significant differences in\nthe national rules governing the functioning of collecting\nsocieties, in particular as regards their transparency and\naccountability towards their members and rightholders. Collective\nrights' management in all sectors needs to adapt in terms of the\nservice provided to members and users as regards efficiency,\naccuracy, transparency and accountability.
\n\n· \nSecondly, in the licensing of the rights of\nauthors in musical works, online music service providers face\ndifficulties in acquiring licences with an aggregated repertoire\nfor the territory of more than one Member State. This situation\nleads to fragmentation of the EU market for these services, thereby\nlimiting the provision of online music services by online service\nproviders.
\nThis proposal is presented in the context of the Digital Agenda for Europe and\nthe Europe 2020 Strategy. In its \"Single Market Act\" the\nCommission underlined that, in the internet age, collective\nmanagement must be able to evolve towards more transnational,\npossibly EU-wide models of licensing. In its Communication \"A Single Market for Intellectual Property\nRights\" the Commission announced that it would be\nproposing a legal framework for the collective management of\ncopyright and related rights. The importance of this legislative\nproposal was also highlighted in the Commission's \"European Consumer\nAgenda\".
\nIMPACT ASSESSMENT : the impact assessment examines two\ngroups of options to deal with:
\n(1) options pertaining to governance and transparency\nstandards in collecting societies are\nas follows:
\n\n· \nretaining the status quo (A1);
\n\n· \nbetter enforcement (A2) of existing EU\nlaw;
\n\n· \nthe codification of existing principles\n(A3) reflecting in legislation the\nprinciples that have emerged from the case-law of the Court of\nJustice, the Commission's antitrust decisions and Recommendation\n2005/737/EC;
\n\n· \na governance and transparency framework\n(A4) which would codify the existing\nprinciples and provide a more elaborate framework of rules on\ngovernance and transparency, increasing the possibilities of\ncontrol over collecting societies.
\n(2) The following\npolicy options were examined to address the complexities of the\ncollective licensing of authors' rights in musical works for online\nuses:
\n\n· \nretaining the status quo (B1);
\n\n· \nthe European Licensing Passport\n(B2): this would foster the voluntary\nrepertoire aggregation for online uses of musical works at EU level\nand the licensing of rights through multi-territorial licensing\ninfrastructures. It would lay down common rules for all collective\nlicensors throughout the EU and would create competitive pressure\non societies to develop more efficient licensing\npractices;
\n\n· \nparallel direct licensing\n(B3);
\n\n· \nextended collective licensing and country of\norigin principle (B4);
\n\n· \na centralised portal\n(B5).
\nAfter carefully weighing up the advantages and\ndisadvantages of each of the approaches, options A4 (governance\nand transparency framework) and B2 (European Licensing\nPassport) were retained.
\nLEGAL BASIS: Articles 50(2)(g), 53 and 62 of the\nTreaty on the Functioning of the European Union.
\nCONTENT: the proposal for a directive aims to put in\nplace an appropriate legal framework for the collective management\nof rights that are administered by collecting societies on behalf\nof rightholders. It aims to:
\n\n· \nimprove the standards of governance and\ntransparency of collecting societies so that rightholders can\nexercise more effective control over them and help improve their\nmanagement efficiency;
\n\n· \nfacilitate the multi-territorial licensing by\ncollecting societies of authors' rights in musical works for the\nprovision of online services.
\n(1) Collecting societies: the proposal establishes organisational and\ntransparency rules which apply to all types of collecting\nsocieties. It provides, inter alia:
\n\n· \nrules governing the membership organisation of\ncollecting societies;
\n\n· \nrules on collecting societies financial\nmanagement: a collecting society must: (i) specify the applicable\ndeductions in its agreements with rightholders; (ii) assure members\nand rightholders fair access to any social, cultural or educational\nservices, if funded by deductions; (iii) pay the amounts due to\nrightholders accurately and without undue delay and make efforts to\nidentify rightholders.
\n\n· \nrules on levels of disclosure: (i) information\nto rightholders on amounts collected and paid, management fees\ncharged and other deductions made; (ii) information to other\ncollecting societies on the management of rights under\nrepresentation agreements; (iii) information to rightholders, other\nsocieties and users on request; (iv) annual publication of a\ntransparency report.
\n(2) Multi-territorial\nlicensing by authors' collecting societies of online rights in\nmusical works: the proposal establishes the conditions that an\nauthors' collecting society must respect when providing\nmulti-territorial licensing services for online rights in musical\nworks, namely:
\n\n· \nbeing able to process efficiently and\ntransparently the data needed for the exploitation of such licences\nby using a time-sensitive, authoritative database containing the\nnecessary data;
\n\n· \nbeing transparent as regards the online music\nrepertoire it represents;
\n\n· \noffering rightholders and other societies the\npossibility to correct the relevant data and to ensure their\naccuracy;
\n\n· \nmonitoring the actual usage of the works covered\nby the licences, being capable of processing usage reports and\ninvoicing;
\n\n· \npaying rightholders and other collecting\nsocieties without delay and provide them with information on works\nused and financial data related to their rights (e.g. amounts\ncollected, deductions made).
\nIn order to ensure that repertoires can be easily\naggregated for the benefit of music service providers who want to\noffer a service as complete as possible across Europe and for the\nbenefit of cultural diversity and consumers at large, specific\nsafeguards will apply to ensure that the repertoire of all\nsocieties have access to multi-territorial\nlicensing.
\nThe proposal also ensures that collecting societies\nput in place complaint handling and dispute resolution\nprocedures so that these are available for members and\nrightholders.
\nBUDGETARY IMPLICATIONS: the proposal has no\nimplications for the EU budget.
\nThe Committee on Legal Affairs adopted the report by\nMarielle GALLO (EPP, FR) on the proposal for a directive of the\nEuropean Parliament and of the Council on collective management of\ncopyright and related rights and multi-territorial licensing of\nrights in musical works for online uses in the internal\nmarket.
\nThe committee recommended that Parliaments\nposition adopted in first reading, following the ordinary\nlegislative procedure, should amend the Commission proposal as\nfollows:
\nSubject matter: the\namended text stipulated that this Directive lays down requirements\nnecessary to ensure the proper functioning of the management of\ncopyright and related rights by collective management\norganisations. It also lays down requirements for\nmulti-territorial licensing by collective management organisations\nof authors' rights in musical works for online use.
\nScope: the scope of this\nproposal has been clarified. It should be possible for Member\nStates to decide that Titles II and IV, with the exception of\nArticles 35(1a) and 40, are to apply to collective management\norganisations which, although established outside of the Union, are\nengaged in activities in their territory. Collective management\norganisations may also be able to choose to have certain of their\nactivities carried out by subsidiaries or other entities that they\nown or control.
\nThis Directive is without prejudice to arrangements in\nthe Member States concerning the management of rights, such as\nextended collective licensing or legal presumptions of\nrepresentation or transfer, provided that the arrangements in\nquestion are compatible with Union law and with the international\nobligations of the Union and of the Member States.
\nTitle III shall not apply to collective management\norganisations when they grant, on the basis of the voluntary\naggregation of the required rights, a multi-territorial licence for\nthe online rights in musical works required by a broadcaster to\ncommunicate or make available to the public its radio or television\nprogrammes simultaneously with or after their initial broadcast as\nwell as any online material, including previews, produced by or for\nthe broadcaster.
\nCollection and use of rights revenue: rights revenue and any income derived from its\ninvestment, including interest, may only be used for the deduction\nof management fees by a decision of the general meeting of members.\nThe collective management organisation shall not be allowed to use\nrights revenue or any income derived from its investment, including\ninterest, for its own account.
\nDeductions: the amended\ntext stipulated that the collective management organisation shall,\nupon receiving a request for membership from a rightholder,\ncommunicate to that rightholder its rules on deductions from rights\nrevenue and any income derived from its investment. Deductions\nshould be reasonable in relation to the services provided by\nthe collective management organisation to rightholders.
\nLicensing and conditions on the use of\nrights: licensing terms shall be\nbased on objective and non-discriminatory criteria.\nCollective management organisations providing licences for rights\nshall not be required to use as a precedent for other types of\nservices, particularly online services, licensing terms agreed with\na user, when the user is providing a new type of service which has\nbeen available to the public for less than three years.\nRightholders shall receive appropriate remuneration for the use of\nthe rights. Tariffs shall be calculated on the basis of objective\ncriteria which reflect, inter alia, the nature and extent of the\neconomic value of the use of the rights in trade.
\nCollective management organisations shall reply\nwithout delay to requests from users, indicating inter alia the\ninformation needed for the collective management organisation to\nprovide a proposal for a licence. Upon receipt of that information,\nthe collective management organisation shall promptly notify the\nuser that it has received all the relevant information or specify\nwhat additional information it needs in order to provide a proposal\nfor a licence. A collective management organisation shall either\npropose a license or give a reasoned statement of why it does not\nintend to licence a particular service within 90 days of receiving\na request for a licence together with all the relevant\ninformation.
\nObligations of users: a\nnew Article has been included stipulating that Member States shall\nensure that users comply with the deadlines and schedules\nset for payments.
\nRepresentation agreements between collective\nmanagement organisations: collective\nmanagement organisations shall have the right to conclude\nrepresentation agreements with other collective management\norganisations in the area of rights management in order to\nfacilitate, improve and simplify the procedures for licensing\nusers, including for the purposes of single invoicing, under equal,\nnon-discriminatory and transparent conditions, and to offer\nmulti-territorial licenses.
\nDisclosure of information to the\npublic: Member States shall ensure\nthat a collecting society makes public the following information,\ninter alia: (i) a list of the persons who manage the business of\nthe organisation; (ii) general policy regarding distribution of the\namounts due to rightholders; (iii) rules on management fees and\nwithdrawals against income from the investment thereof; (iv) rules\non deductions from rights revenue; (v) standard licensing contracts\nand applicable tariffs; (vi) any information on works for which one\nor more rightholders have not been identified including, where\navailable, the title of the work, the name of the author, the name\nof the publisher and any other relevant information available which\ncould be necessary in order to identify the\nrightholders.
\nTransparency of multi-territorial repertoire\ninformation: a new Article stipulated\nthat a collective management organisation which grants\nmulti-territorial licences for online rights in musical works shall\nprovide to online music service providers, members and other\ncollective management organisations, by electronic means,\nup-to-date information allowing the identification of the online\nmusic repertoire it represents. This shall include the musical\nworks represented,including the names of the artists and the\ntitle of the recording.
\nAccurate and timely reporting and\ninvoicing: the Commission may lay\ndown, by means of an implementing act, standard forms for providing\nrelevent information and standard formats for the invoices.\nThose implementing acts shall be adopted in accordance with the\nexamination procedure.
\nDispute resolution: the\namended text stipulated that Member States shall ensure that\ndisputes between collective management organisations and users\nconcerning, inter alia, existing or proposed licensing conditions,\ntariffs, the calculation of tariffs or any refusal to grant or\nrenew a licence can be submitted to a court or to an independent\nand impartial dispute resolution body with expertise in\nintellectual property law. Member States shall provide in their\nspecific dispute resolution legislation that the users are to\ndeposit an interim tariff in an escrow account until the final\nand irrevocable decision is taken by a court or dispute\nresolution body in relation to the disputed tariff.
\nCompliance with this Directive: Member States shall ensure that procedures are set\nup enabling members of a collective management organisation,\nrightholders, collective management organisations covered by this\nDirective, users and other interested parties to submit complaints\nto the competent authorities with regard to the activities of\ncollective management organisations which are covered by this\nDirective. Member States shall provide that their respective\ncompetent authorities impose appropriate administrative\nsanctions and take appropriate measures where national\nprovisions adopted in implementation of this Directive have not\nbeen complied with, and shall ensure that they are\napplied.
\nReporting: by 5 years\nafter the end of the transposition period, the Commission shall\nassess the application of this Directive including its impact on\nthe development of cross-border services and on cultural diversity.\nThis report shall be used to assess the financial impact of\nimplementing this Directive and the possibility of introducing\nrelated funding for collective management organisations, if\nnecessary.
\nThe European Parliament adopted by 640 votes to 18,\nwith 22 abstentions, a legislative resolution on the proposal for a\ndirective of the European Parliament and of the Council on\ncollective management of copyright and related rights and\nmulti-territorial licensing of rights in musical works for online\nuses in the internal market.
\nParliament agreed its position in first reading under\nthe ordinary legislative procedure. The amendments adopted in\nplenary are the result of an agreement negotiated between the\nEuropean Parliament and the Council. They amend the proposal as\nfollows:
\nPurpose: the aim of the\ndirective is to lay down requirements applicable to collective\nmanagement organisations with a view to ensuring a high\nstandard of governance, financial management, transparency and\nreporting.
\nThe amended text underlines that collective management\norganisations should continue to play, an important role as\npromoters of the diversity of cultural expression, both by\nenabling the smallest and less popular repertoires to access the\nmarket and by providing social, cultural and educational services\nfor the benefit of their rightholders and the public.
\nGeneral principles: Member States should ensure that collective\nmanagement organisations act in the\nbest interests of the rightsholders whose\nrights they represent and that they do not impose\non them any obligations which are not objectively\nnecessary for the protection of their rights and\ninterests or for the effective management of their\nrights.
\nRights of rights holders: the amended text provides that rights holders shall\nhave the right to authorise a collective management\norganisation of their choice to manage the rights,\ncategories of rights or types of works and other subject-matter of\ntheir choice, for the territories of their choice,\nirrespective of the Member State\nof nationality, residence or establishment of either\nthe collective management organisation or the\nrightholder. Unless the collective management organisation has\nobjectively justified reasons to refuse management, it shall be\nobliged to manage these rights.
\nRightholders should be free to entrust the\nmanagement of their rights to independent management entities.\nSuch independent management entities are commercial entities which\ndiffer from collective management organisations inter alia because\nthey are not owned or controlled by rightholders.
\nHowever, to the extent that such independent\nmanagement entities carry out the same activities as collective\nmanagement organisations, they should be obliged to provide certain\ninformation to the rightholders they represent, collective\nmanagement organisations, users and the public.
\nOrganisation of collective management\norganisations: to ensure that\nrightholders rights are properly managed, collective\nmanagement organisations will also have to comply with\ntransparency and reporting requirements as well as minimum rules on\ngovernance and on the collection and use of revenues.
\nEach collective management organisation should take\nall necessary measures so that the persons who manage its business\ndo so in a sound, prudent and appropriate manner, using sound\nadministrative and accounting procedures and internal control\nmechanisms. Procedures to avoid conflicts of interest should also\nbe set in place.
\nManagement of rights revenues: collective management organisations should be diligent\nin the collection and management of rights revenue.
\nA collective management organisation shall keep\nseparate in its accounts: (a) rights revenue and any income arising\nfrom the investment of rights revenue; and (b) any own assets it\nmay have and income arising from such assets, from management fees\nor from other activities.
\nDistribution of amounts due to rights\nholders: each collective management\norganisation should regularly, diligently and\naccurately distribute and pay amounts due to\nrightholders.
\nAmounts should be distributed and paid to rights\nholders as soon as possible but no later than nine months\nfrom the end of the financial year in which the rights revenue was\ncollected, unless objective reasons prevent the collective\nmanagement organisation from meeting that deadline.
\nWhen a rights holder authorises a collective\nmanagement organisation to manage his rights, the collective\nmanagement organisation should transmit to the rights holder\ninformation on management fees and other deductions made on revenue\narising from these rights before obtaining his consent to manage\nhis rights. The deductions in question must be\nreasonable.
\nRights managed under representation\nagreements: collective management\norganisation should not discriminate against any\nrightholder whose rights it manages under a representation\nagreement, in particular with respect to applicable tariffs,\nmanagement fees, and the conditions for the collection of the\nrights revenue and distribution of amounts due to\nrightholders.
\nAgreements between collective management organisations\nfor multi-territorial licensing: Member States should ensure that\nany representation agreement between collective\nmanagement organisations whereby a collective management\norganisation mandates another collective management\norganisation to grant multi-territorial licences for the online\nrights in musical works in its own music repertoire is of a\nnon-exclusive nature. The mandated collective management\norganisation shall manage those online rights\non a non-discriminatory basis.
\nObligation to represent another collective\nmanagement organisation for multi-territorial\nlicensing: where a collective\nmanagement organisation which does not grant or offer to grant\nmulti-territorial licences for the online rights in musical works\nin its own repertoire requests another collective\nmanagement organisation to enter into a representation\nagreement to represent those rights, the requested\ncollective management organisation is required to agree to such a\nrequest if it is already granting or offering to grant\nmulti-territorial licences for the same category of online rights\nin musical works in the repertoire of one or more other collective\nmanagement organisations.
\nThe Council held a public debate on several aspects of\nthe EUs strategy to modernise copyright laws. In particular,\nthe debate focused on three key elements of the strategy: (i) the\ncopyright framework across the digital single market, (ii) the\ndifferent national policies on private copying levies, and (iii)\nthe collective management of copyright and multi-territorial\nlicensing of online music.
\nIn regard to this third element, i.e. the collective management of copyright and\nmulti-territorial licensing of online music, the Council took note\nof a progress report as well as of an oral update by the\nPresidency.
\nA Presidency compromise proposal was sent to\ndelegations on 5 April 2013, involving partial or substantial\nredrafting of a majority of the articles of the text. This text\nis being examined in a series of Working Party meetings. The final\nmeetings of the Working Party under the irish Presidency are\nscheduled for 4 June and 12 June. It is understood that\nParliaments Legal Affairs Committee envisages adopting its\nreport on the proposal in early July.
\nTo recall, the proposed Directive pursues two\ncomplementary objectives: firstly, it aims to put in place an\nappropriate legal framework for the collective management of\nauthors rights by providing for rules ensuring improved\ngovernance and greater transparency of all collecting societies;\nsecondly, it aims to facilitate the multi-territorial and\nmulti-repertoire licensing by collecting societies of the rights of\nauthors in their musical works for online uses within the internal\nmarket.
\nThe Council held a public debate on several aspects of\nthe EUs strategy to modernise copyright laws. In particular,\nthe debate focused on three key elements of the strategy: (i) the\ncopyright framework across the digital single market, (ii) the\ndifferent national policies on private copying levies, and (iii)\nthe collective management of copyright and multi-territorial\nlicensing of online music.
\nIn regard to this third element, i.e. the collective management of copyright and\nmulti-territorial licensing of online music, the Council took note\nof a progress report as well as of an oral update by the\nPresidency.
\nA Presidency compromise proposal was sent to\ndelegations on 5 April 2013, involving partial or substantial\nredrafting of a majority of the articles of the text. This text\nis being examined in a series of Working Party meetings. The final\nmeetings of the Working Party under the irish Presidency are\nscheduled for 4 June and 12 June. It is understood that\nParliaments Legal Affairs Committee envisages adopting its\nreport on the proposal in early July.
\nTo recall, the proposed Directive pursues two\ncomplementary objectives: firstly, it aims to put in place an\nappropriate legal framework for the collective management of\nauthors rights by providing for rules ensuring improved\ngovernance and greater transparency of all collecting societies;\nsecondly, it aims to facilitate the multi-territorial and\nmulti-repertoire licensing by collecting societies of the rights of\nauthors in their musical works for online uses within the internal\nmarket.
\nThe Council held a public debate on several aspects of\nthe EUs strategy to modernise copyright laws. In particular,\nthe debate focused on three key elements of the strategy: (i) the\ncopyright framework across the digital single market, (ii) the\ndifferent national policies on private copying levies, and (iii)\nthe collective management of copyright and multi-territorial\nlicensing of online music.
\nIn regard to this third element, i.e. the collective management of copyright and\nmulti-territorial licensing of online music, the Council took note\nof a progress report as well as of an oral update by the\nPresidency.
\nA Presidency compromise proposal was sent to\ndelegations on 5 April 2013, involving partial or substantial\nredrafting of a majority of the articles of the text. This text\nis being examined in a series of Working Party meetings. The final\nmeetings of the Working Party under the irish Presidency are\nscheduled for 4 June and 12 June. It is understood that\nParliaments Legal Affairs Committee envisages adopting its\nreport on the proposal in early July.
\nTo recall, the proposed Directive pursues two\ncomplementary objectives: firstly, it aims to put in place an\nappropriate legal framework for the collective management of\nauthors rights by providing for rules ensuring improved\ngovernance and greater transparency of all collecting societies;\nsecondly, it aims to facilitate the multi-territorial and\nmulti-repertoire licensing by collecting societies of the rights of\nauthors in their musical works for online uses within the internal\nmarket.
\nThe Council held a public debate on several aspects of\nthe EUs strategy to modernise copyright laws. In particular,\nthe debate focused on three key elements of the strategy: (i) the\ncopyright framework across the digital single market, (ii) the\ndifferent national policies on private copying levies, and (iii)\nthe collective management of copyright and multi-territorial\nlicensing of online music.
\nIn regard to this third element, i.e. the collective management of copyright and\nmulti-territorial licensing of online music, the Council took note\nof a progress report as well as of an oral update by the\nPresidency.
\nA Presidency compromise proposal was sent to\ndelegations on 5 April 2013, involving partial or substantial\nredrafting of a majority of the articles of the text. This text\nis being examined in a series of Working Party meetings. The final\nmeetings of the Working Party under the irish Presidency are\nscheduled for 4 June and 12 June. It is understood that\nParliaments Legal Affairs Committee envisages adopting its\nreport on the proposal in early July.
\nTo recall, the proposed Directive pursues two\ncomplementary objectives: firstly, it aims to put in place an\nappropriate legal framework for the collective management of\nauthors rights by providing for rules ensuring improved\ngovernance and greater transparency of all collecting societies;\nsecondly, it aims to facilitate the multi-territorial and\nmulti-repertoire licensing by collecting societies of the rights of\nauthors in their musical works for online uses within the internal\nmarket.
\nPURPOSE: to increase transparency and efficiency in\nthe functioning of copyright collective management organisations,\nand facilitate the granting of cross-border licensing of\nauthors rights in online music.
\nLEGISLATIVE ACT: Directive 2014/26/EU of the European\nParliament and of the Council on collective management of copyright\nand related rights and multi-territorial licensing of rights in\nmusical works for online use in the internal market.
\nCONTENT: the Directive lays down: i) requirements\nnecessary to ensure the proper functioning of the management of\ncopyright and related rights by collective management\norganisations; (ii) requirements for multi-territorial licensing by\ncollective management organisations of authors rights in\nmusical works for online use.
\nThe directive is linked to the development of\nthe Digital Agenda for Europe and Europe 2020 strategy. Its main points are as\nfollows:
\nMulti-territorial licensing of online\nmusic: currently, in the online music\nsector, online service providers wishing to obtain licenses for\ncross-border music services across EU borders have to obtain\nlicences from separate collective management organisations in each\nEU Member State. The new Directive will enable service providers to\nobtain such licenses from collective management organisations\noperating across EU borders.
\nClear description of rights of rights\nholders: the Directive provides that\nMember States must ensure that collective management organisations\nact in the best interests of the rights holders whose rights they\nrepresent. Rights holders shall have the right to authorise a\ncollective management organisation of their choice to manage\nthe rights, categories of rights or types of works and other\nsubject-matter of their choice, for the territories of their\nchoice, irrespective of the Member State of nationality, residence\nor establishment of either the collective management organisation\nor the rights holder.
\nRights holders will be free to entrust the management\nof their rights to independent management entities.
\nRequirements applicable to collective management\norganisations: in order to ensure\nproper management of copyright, collective management organisations\nmust observe rules on transparency and reports, as well as\non governance and the collection and use of revenue. The\nDirective establishes, for example, that collective management\norganisations must have a supervisory role regarding financial\nmanagement, as well as provisions on their members right to\nvote and their right to vote in the general assembly though a\nproxy.
\nTimely and appropriate remuneration for\nartists: each collective management\norganisation regularly, diligently and accurately\ndistributes and pays amounts due to rights holders. Revenue will\nhave to be distributed to artists as quickly as possible, and no\nlater than nine months from the end of the financial year in\nwhich the rights revenue was collected, unless objective reasons\nprevent the collective management organisation from meeting that\ndeadline. There are also provisions regarding the use of all sums\nthat could not be distributed.
\nRepresentation agreements with other collective\nmanagement organisations: the\nDirective introduces rules on representation agreements amongst\ncollective management organisations regarding the grant of\nmulti-territorial licences. To ensure that the creators of music in\nall Member States have access to licences covering more than one\ncountry and to preserve cultural diversity, collective\nmanagement organisations that do not themselves issue copyright\nlicences for more than one country will be able to request another\norganisation to represent their repertoire. Under certain\nconditions, those organisations would be obliged to do so.\nCollective management organisations will have to manage the\nrepertoire they represent under the same conditions that\nthey apply to their own repertoires.
\nDispute resolution: the\nDirective also introduces provisions on complaint handling and\ndispute resolution. Member States may provide that disputes between\ncollective management organisations, members of collective\nmanagement organisations, rights holders or users can be submitted\nto a rapid, independent and impartial alternative dispute\nresolution procedure.
\nENTRY INTO FORCE: 09/04/2014.
\nTRANSPOSITION:\n10/04/2016.
\nThe Committee on Legal Affairs adopted the report by\nMarielle GALLO (EPP, FR) on the proposal for a directive of the\nEuropean Parliament and of the Council on collective management of\ncopyright and related rights and multi-territorial licensing of\nrights in musical works for online uses in the internal\nmarket.
\nThe committee recommended that Parliaments\nposition adopted in first reading, following the ordinary\nlegislative procedure, should amend the Commission proposal as\nfollows:
\nSubject matter: the\namended text stipulated that this Directive lays down requirements\nnecessary to ensure the proper functioning of the management of\ncopyright and related rights by collective management\norganisations. It also lays down requirements for\nmulti-territorial licensing by collective management organisations\nof authors' rights in musical works for online use.
\nScope: the scope of this\nproposal has been clarified. It should be possible for Member\nStates to decide that Titles II and IV, with the exception of\nArticles 35(1a) and 40, are to apply to collective management\norganisations which, although established outside of the Union, are\nengaged in activities in their territory. Collective management\norganisations may also be able to choose to have certain of their\nactivities carried out by subsidiaries or other entities that they\nown or control.
\nThis Directive is without prejudice to arrangements in\nthe Member States concerning the management of rights, such as\nextended collective licensing or legal presumptions of\nrepresentation or transfer, provided that the arrangements in\nquestion are compatible with Union law and with the international\nobligations of the Union and of the Member States.
\nTitle III shall not apply to collective management\norganisations when they grant, on the basis of the voluntary\naggregation of the required rights, a multi-territorial licence for\nthe online rights in musical works required by a broadcaster to\ncommunicate or make available to the public its radio or television\nprogrammes simultaneously with or after their initial broadcast as\nwell as any online material, including previews, produced by or for\nthe broadcaster.
\nCollection and use of rights revenue: rights revenue and any income derived from its\ninvestment, including interest, may only be used for the deduction\nof management fees by a decision of the general meeting of members.\nThe collective management organisation shall not be allowed to use\nrights revenue or any income derived from its investment, including\ninterest, for its own account.
\nDeductions: the amended\ntext stipulated that the collective management organisation shall,\nupon receiving a request for membership from a rightholder,\ncommunicate to that rightholder its rules on deductions from rights\nrevenue and any income derived from its investment. Deductions\nshould be reasonable in relation to the services provided by\nthe collective management organisation to rightholders.
\nLicensing and conditions on the use of\nrights: licensing terms shall be\nbased on objective and non-discriminatory criteria.\nCollective management organisations providing licences for rights\nshall not be required to use as a precedent for other types of\nservices, particularly online services, licensing terms agreed with\na user, when the user is providing a new type of service which has\nbeen available to the public for less than three years.\nRightholders shall receive appropriate remuneration for the use of\nthe rights. Tariffs shall be calculated on the basis of objective\ncriteria which reflect, inter alia, the nature and extent of the\neconomic value of the use of the rights in trade.
\nCollective management organisations shall reply\nwithout delay to requests from users, indicating inter alia the\ninformation needed for the collective management organisation to\nprovide a proposal for a licence. Upon receipt of that information,\nthe collective management organisation shall promptly notify the\nuser that it has received all the relevant information or specify\nwhat additional information it needs in order to provide a proposal\nfor a licence. A collective management organisation shall either\npropose a license or give a reasoned statement of why it does not\nintend to licence a particular service within 90 days of receiving\na request for a licence together with all the relevant\ninformation.
\nObligations of users: a\nnew Article has been included stipulating that Member States shall\nensure that users comply with the deadlines and schedules\nset for payments.
\nRepresentation agreements between collective\nmanagement organisations: collective\nmanagement organisations shall have the right to conclude\nrepresentation agreements with other collective management\norganisations in the area of rights management in order to\nfacilitate, improve and simplify the procedures for licensing\nusers, including for the purposes of single invoicing, under equal,\nnon-discriminatory and transparent conditions, and to offer\nmulti-territorial licenses.
\nDisclosure of information to the\npublic: Member States shall ensure\nthat a collecting society makes public the following information,\ninter alia: (i) a list of the persons who manage the business of\nthe organisation; (ii) general policy regarding distribution of the\namounts due to rightholders; (iii) rules on management fees and\nwithdrawals against income from the investment thereof; (iv) rules\non deductions from rights revenue; (v) standard licensing contracts\nand applicable tariffs; (vi) any information on works for which one\nor more rightholders have not been identified including, where\navailable, the title of the work, the name of the author, the name\nof the publisher and any other relevant information available which\ncould be necessary in order to identify the\nrightholders.
\nTransparency of multi-territorial repertoire\ninformation: a new Article stipulated\nthat a collective management organisation which grants\nmulti-territorial licences for online rights in musical works shall\nprovide to online music service providers, members and other\ncollective management organisations, by electronic means,\nup-to-date information allowing the identification of the online\nmusic repertoire it represents. This shall include the musical\nworks represented,including the names of the artists and the\ntitle of the recording.
\nAccurate and timely reporting and\ninvoicing: the Commission may lay\ndown, by means of an implementing act, standard forms for providing\nrelevent information and standard formats for the invoices.\nThose implementing acts shall be adopted in accordance with the\nexamination procedure.
\nDispute resolution: the\namended text stipulated that Member States shall ensure that\ndisputes between collective management organisations and users\nconcerning, inter alia, existing or proposed licensing conditions,\ntariffs, the calculation of tariffs or any refusal to grant or\nrenew a licence can be submitted to a court or to an independent\nand impartial dispute resolution body with expertise in\nintellectual property law. Member States shall provide in their\nspecific dispute resolution legislation that the users are to\ndeposit an interim tariff in an escrow account until the final\nand irrevocable decision is taken by a court or dispute\nresolution body in relation to the disputed tariff.
\nCompliance with this Directive: Member States shall ensure that procedures are set\nup enabling members of a collective management organisation,\nrightholders, collective management organisations covered by this\nDirective, users and other interested parties to submit complaints\nto the competent authorities with regard to the activities of\ncollective management organisations which are covered by this\nDirective. Member States shall provide that their respective\ncompetent authorities impose appropriate administrative\nsanctions and take appropriate measures where national\nprovisions adopted in implementation of this Directive have not\nbeen complied with, and shall ensure that they are\napplied.
\nReporting: by 5 years\nafter the end of the transposition period, the Commission shall\nassess the application of this Directive including its impact on\nthe development of cross-border services and on cultural diversity.\nThis report shall be used to assess the financial impact of\nimplementing this Directive and the possibility of introducing\nrelated funding for collective management organisations, if\nnecessary.
\nThe Committee on Legal Affairs adopted the report by\nMarielle GALLO (EPP, FR) on the proposal for a directive of the\nEuropean Parliament and of the Council on collective management of\ncopyright and related rights and multi-territorial licensing of\nrights in musical works for online uses in the internal\nmarket.
\nThe committee recommended that Parliaments\nposition adopted in first reading, following the ordinary\nlegislative procedure, should amend the Commission proposal as\nfollows:
\nSubject matter: the\namended text stipulated that this Directive lays down requirements\nnecessary to ensure the proper functioning of the management of\ncopyright and related rights by collective management\norganisations. It also lays down requirements for\nmulti-territorial licensing by collective management organisations\nof authors' rights in musical works for online use.
\nScope: the scope of this\nproposal has been clarified. It should be possible for Member\nStates to decide that Titles II and IV, with the exception of\nArticles 35(1a) and 40, are to apply to collective management\norganisations which, although established outside of the Union, are\nengaged in activities in their territory. Collective management\norganisations may also be able to choose to have certain of their\nactivities carried out by subsidiaries or other entities that they\nown or control.
\nThis Directive is without prejudice to arrangements in\nthe Member States concerning the management of rights, such as\nextended collective licensing or legal presumptions of\nrepresentation or transfer, provided that the arrangements in\nquestion are compatible with Union law and with the international\nobligations of the Union and of the Member States.
\nTitle III shall not apply to collective management\norganisations when they grant, on the basis of the voluntary\naggregation of the required rights, a multi-territorial licence for\nthe online rights in musical works required by a broadcaster to\ncommunicate or make available to the public its radio or television\nprogrammes simultaneously with or after their initial broadcast as\nwell as any online material, including previews, produced by or for\nthe broadcaster.
\nCollection and use of rights revenue: rights revenue and any income derived from its\ninvestment, including interest, may only be used for the deduction\nof management fees by a decision of the general meeting of members.\nThe collective management organisation shall not be allowed to use\nrights revenue or any income derived from its investment, including\ninterest, for its own account.
\nDeductions: the amended\ntext stipulated that the collective management organisation shall,\nupon receiving a request for membership from a rightholder,\ncommunicate to that rightholder its rules on deductions from rights\nrevenue and any income derived from its investment. Deductions\nshould be reasonable in relation to the services provided by\nthe collective management organisation to rightholders.
\nLicensing and conditions on the use of\nrights: licensing terms shall be\nbased on objective and non-discriminatory criteria.\nCollective management organisations providing licences for rights\nshall not be required to use as a precedent for other types of\nservices, particularly online services, licensing terms agreed with\na user, when the user is providing a new type of service which has\nbeen available to the public for less than three years.\nRightholders shall receive appropriate remuneration for the use of\nthe rights. Tariffs shall be calculated on the basis of objective\ncriteria which reflect, inter alia, the nature and extent of the\neconomic value of the use of the rights in trade.
\nCollective management organisations shall reply\nwithout delay to requests from users, indicating inter alia the\ninformation needed for the collective management organisation to\nprovide a proposal for a licence. Upon receipt of that information,\nthe collective management organisation shall promptly notify the\nuser that it has received all the relevant information or specify\nwhat additional information it needs in order to provide a proposal\nfor a licence. A collective management organisation shall either\npropose a license or give a reasoned statement of why it does not\nintend to licence a particular service within 90 days of receiving\na request for a licence together with all the relevant\ninformation.
\nObligations of users: a\nnew Article has been included stipulating that Member States shall\nensure that users comply with the deadlines and schedules\nset for payments.
\nRepresentation agreements between collective\nmanagement organisations: collective\nmanagement organisations shall have the right to conclude\nrepresentation agreements with other collective management\norganisations in the area of rights management in order to\nfacilitate, improve and simplify the procedures for licensing\nusers, including for the purposes of single invoicing, under equal,\nnon-discriminatory and transparent conditions, and to offer\nmulti-territorial licenses.
\nDisclosure of information to the\npublic: Member States shall ensure\nthat a collecting society makes public the following information,\ninter alia: (i) a list of the persons who manage the business of\nthe organisation; (ii) general policy regarding distribution of the\namounts due to rightholders; (iii) rules on management fees and\nwithdrawals against income from the investment thereof; (iv) rules\non deductions from rights revenue; (v) standard licensing contracts\nand applicable tariffs; (vi) any information on works for which one\nor more rightholders have not been identified including, where\navailable, the title of the work, the name of the author, the name\nof the publisher and any other relevant information available which\ncould be necessary in order to identify the\nrightholders.
\nTransparency of multi-territorial repertoire\ninformation: a new Article stipulated\nthat a collective management organisation which grants\nmulti-territorial licences for online rights in musical works shall\nprovide to online music service providers, members and other\ncollective management organisations, by electronic means,\nup-to-date information allowing the identification of the online\nmusic repertoire it represents. This shall include the musical\nworks represented,including the names of the artists and the\ntitle of the recording.
\nAccurate and timely reporting and\ninvoicing: the Commission may lay\ndown, by means of an implementing act, standard forms for providing\nrelevent information and standard formats for the invoices.\nThose implementing acts shall be adopted in accordance with the\nexamination procedure.
\nDispute resolution: the\namended text stipulated that Member States shall ensure that\ndisputes between collective management organisations and users\nconcerning, inter alia, existing or proposed licensing conditions,\ntariffs, the calculation of tariffs or any refusal to grant or\nrenew a licence can be submitted to a court or to an independent\nand impartial dispute resolution body with expertise in\nintellectual property law. Member States shall provide in their\nspecific dispute resolution legislation that the users are to\ndeposit an interim tariff in an escrow account until the final\nand irrevocable decision is taken by a court or dispute\nresolution body in relation to the disputed tariff.
\nCompliance with this Directive: Member States shall ensure that procedures are set\nup enabling members of a collective management organisation,\nrightholders, collective management organisations covered by this\nDirective, users and other interested parties to submit complaints\nto the competent authorities with regard to the activities of\ncollective management organisations which are covered by this\nDirective. Member States shall provide that their respective\ncompetent authorities impose appropriate administrative\nsanctions and take appropriate measures where national\nprovisions adopted in implementation of this Directive have not\nbeen complied with, and shall ensure that they are\napplied.
\nReporting: by 5 years\nafter the end of the transposition period, the Commission shall\nassess the application of this Directive including its impact on\nthe development of cross-border services and on cultural diversity.\nThis report shall be used to assess the financial impact of\nimplementing this Directive and the possibility of introducing\nrelated funding for collective management organisations, if\nnecessary.
\nPURPOSE : to protect the interests of the members,\nrightholders and users and to set minimum quality standards for the\nexercise by collecting societies of their freedom to provide\nmulti-territorial licensing services for online uses of musical\nworks in the internal market.
\nPROPOSED ACT: Directive of the European Parliament and\nof the Council.
\nBACKGROUND: the dissemination of content which is\nprotected by copyright and related rights and the linked services,\nincluding books, audiovisual productions and recorded music require\nthe licensing of rights by different holders of copyright and\nrelated rights, such as authors, performers, producers and\npublishers. Such services may be provided offline, such as showing\na film in a cinema or playing music in a concert hall, but also\nincreasingly online.
\nIn some sectors, licences are most often granted\ndirectly by individual rightholders (e.g. film producers). In other\nsectors, the collective management of rights plays a very important\nrole, in particular of authors' rights in musical works.
\nCollecting societies enable rightholders to be\nremunerated for uses which they would not be in a position to\ncontrol or enforce themselves, including in non-domestic markets.\nMoreover, they have an important social and cultural role as\npromoters of the diversity of cultural expressions by enabling the\nsmallest and less popular repertoires to access the\nmarket.
\nThe Commission recommends action in two\nareas.
\n\n· \nFirstly, there are significant differences in\nthe national rules governing the functioning of collecting\nsocieties, in particular as regards their transparency and\naccountability towards their members and rightholders. Collective\nrights' management in all sectors needs to adapt in terms of the\nservice provided to members and users as regards efficiency,\naccuracy, transparency and accountability.
\n\n· \nSecondly, in the licensing of the rights of\nauthors in musical works, online music service providers face\ndifficulties in acquiring licences with an aggregated repertoire\nfor the territory of more than one Member State. This situation\nleads to fragmentation of the EU market for these services, thereby\nlimiting the provision of online music services by online service\nproviders.
\nThis proposal is presented in the context of the Digital Agenda for Europe and\nthe Europe 2020 Strategy. In its \"Single Market Act\" the\nCommission underlined that, in the internet age, collective\nmanagement must be able to evolve towards more transnational,\npossibly EU-wide models of licensing. In its Communication \"A Single Market for Intellectual Property\nRights\" the Commission announced that it would be\nproposing a legal framework for the collective management of\ncopyright and related rights. The importance of this legislative\nproposal was also highlighted in the Commission's \"European Consumer\nAgenda\".
\nIMPACT ASSESSMENT : the impact assessment examines two\ngroups of options to deal with:
\n(1) options pertaining to governance and transparency\nstandards in collecting societies are\nas follows:
\n\n· \nretaining the status quo (A1);
\n\n· \nbetter enforcement (A2) of existing EU\nlaw;
\n\n· \nthe codification of existing principles\n(A3) reflecting in legislation the\nprinciples that have emerged from the case-law of the Court of\nJustice, the Commission's antitrust decisions and Recommendation\n2005/737/EC;
\n\n· \na governance and transparency framework\n(A4) which would codify the existing\nprinciples and provide a more elaborate framework of rules on\ngovernance and transparency, increasing the possibilities of\ncontrol over collecting societies.
\n(2) The following\npolicy options were examined to address the complexities of the\ncollective licensing of authors' rights in musical works for online\nuses:
\n\n· \nretaining the status quo (B1);
\n\n· \nthe European Licensing Passport\n(B2): this would foster the voluntary\nrepertoire aggregation for online uses of musical works at EU level\nand the licensing of rights through multi-territorial licensing\ninfrastructures. It would lay down common rules for all collective\nlicensors throughout the EU and would create competitive pressure\non societies to develop more efficient licensing\npractices;
\n\n· \nparallel direct licensing\n(B3);
\n\n· \nextended collective licensing and country of\norigin principle (B4);
\n\n· \na centralised portal\n(B5).
\nAfter carefully weighing up the advantages and\ndisadvantages of each of the approaches, options A4 (governance\nand transparency framework) and B2 (European Licensing\nPassport) were retained.
\nLEGAL BASIS: Articles 50(2)(g), 53 and 62 of the\nTreaty on the Functioning of the European Union.
\nCONTENT: the proposal for a directive aims to put in\nplace an appropriate legal framework for the collective management\nof rights that are administered by collecting societies on behalf\nof rightholders. It aims to:
\n\n· \nimprove the standards of governance and\ntransparency of collecting societies so that rightholders can\nexercise more effective control over them and help improve their\nmanagement efficiency;
\n\n· \nfacilitate the multi-territorial licensing by\ncollecting societies of authors' rights in musical works for the\nprovision of online services.
\n(1) Collecting societies: the proposal establishes organisational and\ntransparency rules which apply to all types of collecting\nsocieties. It provides, inter alia:
\n\n· \nrules governing the membership organisation of\ncollecting societies;
\n\n· \nrules on collecting societies financial\nmanagement: a collecting society must: (i) specify the applicable\ndeductions in its agreements with rightholders; (ii) assure members\nand rightholders fair access to any social, cultural or educational\nservices, if funded by deductions; (iii) pay the amounts due to\nrightholders accurately and without undue delay and make efforts to\nidentify rightholders.
\n\n· \nrules on levels of disclosure: (i) information\nto rightholders on amounts collected and paid, management fees\ncharged and other deductions made; (ii) information to other\ncollecting societies on the management of rights under\nrepresentation agreements; (iii) information to rightholders, other\nsocieties and users on request; (iv) annual publication of a\ntransparency report.
\n(2) Multi-territorial\nlicensing by authors' collecting societies of online rights in\nmusical works: the proposal establishes the conditions that an\nauthors' collecting society must respect when providing\nmulti-territorial licensing services for online rights in musical\nworks, namely:
\n\n· \nbeing able to process efficiently and\ntransparently the data needed for the exploitation of such licences\nby using a time-sensitive, authoritative database containing the\nnecessary data;
\n\n· \nbeing transparent as regards the online music\nrepertoire it represents;
\n\n· \noffering rightholders and other societies the\npossibility to correct the relevant data and to ensure their\naccuracy;
\n\n· \nmonitoring the actual usage of the works covered\nby the licences, being capable of processing usage reports and\ninvoicing;
\n\n· \npaying rightholders and other collecting\nsocieties without delay and provide them with information on works\nused and financial data related to their rights (e.g. amounts\ncollected, deductions made).
\nIn order to ensure that repertoires can be easily\naggregated for the benefit of music service providers who want to\noffer a service as complete as possible across Europe and for the\nbenefit of cultural diversity and consumers at large, specific\nsafeguards will apply to ensure that the repertoire of all\nsocieties have access to multi-territorial\nlicensing.
\nThe proposal also ensures that collecting societies\nput in place complaint handling and dispute resolution\nprocedures so that these are available for members and\nrightholders.
\nBUDGETARY IMPLICATIONS: the proposal has no\nimplications for the EU budget.
\nThe Council held a public debate on several aspects of\nthe EUs strategy to modernise copyright laws. In particular,\nthe debate focused on three key elements of the strategy: (i) the\ncopyright framework across the digital single market, (ii) the\ndifferent national policies on private copying levies, and (iii)\nthe collective management of copyright and multi-territorial\nlicensing of online music.
\nIn regard to this third element, i.e. the collective management of copyright and\nmulti-territorial licensing of online music, the Council took note\nof a progress report as well as of an oral update by the\nPresidency.
\nA Presidency compromise proposal was sent to\ndelegations on 5 April 2013, involving partial or substantial\nredrafting of a majority of the articles of the text. This text\nis being examined in a series of Working Party meetings. The final\nmeetings of the Working Party under the irish Presidency are\nscheduled for 4 June and 12 June. It is understood that\nParliaments Legal Affairs Committee envisages adopting its\nreport on the proposal in early July.
\nTo recall, the proposed Directive pursues two\ncomplementary objectives: firstly, it aims to put in place an\nappropriate legal framework for the collective management of\nauthors rights by providing for rules ensuring improved\ngovernance and greater transparency of all collecting societies;\nsecondly, it aims to facilitate the multi-territorial and\nmulti-repertoire licensing by collecting societies of the rights of\nauthors in their musical works for online uses within the internal\nmarket.
\nThe Committee on Legal Affairs adopted the report by\nMarielle GALLO (EPP, FR) on the proposal for a directive of the\nEuropean Parliament and of the Council on collective management of\ncopyright and related rights and multi-territorial licensing of\nrights in musical works for online uses in the internal\nmarket.
\nThe committee recommended that Parliaments\nposition adopted in first reading, following the ordinary\nlegislative procedure, should amend the Commission proposal as\nfollows:
\nSubject matter: the\namended text stipulated that this Directive lays down requirements\nnecessary to ensure the proper functioning of the management of\ncopyright and related rights by collective management\norganisations. It also lays down requirements for\nmulti-territorial licensing by collective management organisations\nof authors' rights in musical works for online use.
\nScope: the scope of this\nproposal has been clarified. It should be possible for Member\nStates to decide that Titles II and IV, with the exception of\nArticles 35(1a) and 40, are to apply to collective management\norganisations which, although established outside of the Union, are\nengaged in activities in their territory. Collective management\norganisations may also be able to choose to have certain of their\nactivities carried out by subsidiaries or other entities that they\nown or control.
\nThis Directive is without prejudice to arrangements in\nthe Member States concerning the management of rights, such as\nextended collective licensing or legal presumptions of\nrepresentation or transfer, provided that the arrangements in\nquestion are compatible with Union law and with the international\nobligations of the Union and of the Member States.
\nTitle III shall not apply to collective management\norganisations when they grant, on the basis of the voluntary\naggregation of the required rights, a multi-territorial licence for\nthe online rights in musical works required by a broadcaster to\ncommunicate or make available to the public its radio or television\nprogrammes simultaneously with or after their initial broadcast as\nwell as any online material, including previews, produced by or for\nthe broadcaster.
\nCollection and use of rights revenue: rights revenue and any income derived from its\ninvestment, including interest, may only be used for the deduction\nof management fees by a decision of the general meeting of members.\nThe collective management organisation shall not be allowed to use\nrights revenue or any income derived from its investment, including\ninterest, for its own account.
\nDeductions: the amended\ntext stipulated that the collective management organisation shall,\nupon receiving a request for membership from a rightholder,\ncommunicate to that rightholder its rules on deductions from rights\nrevenue and any income derived from its investment. Deductions\nshould be reasonable in relation to the services provided by\nthe collective management organisation to rightholders.
\nLicensing and conditions on the use of\nrights: licensing terms shall be\nbased on objective and non-discriminatory criteria.\nCollective management organisations providing licences for rights\nshall not be required to use as a precedent for other types of\nservices, particularly online services, licensing terms agreed with\na user, when the user is providing a new type of service which has\nbeen available to the public for less than three years.\nRightholders shall receive appropriate remuneration for the use of\nthe rights. Tariffs shall be calculated on the basis of objective\ncriteria which reflect, inter alia, the nature and extent of the\neconomic value of the use of the rights in trade.
\nCollective management organisations shall reply\nwithout delay to requests from users, indicating inter alia the\ninformation needed for the collective management organisation to\nprovide a proposal for a licence. Upon receipt of that information,\nthe collective management organisation shall promptly notify the\nuser that it has received all the relevant information or specify\nwhat additional information it needs in order to provide a proposal\nfor a licence. A collective management organisation shall either\npropose a license or give a reasoned statement of why it does not\nintend to licence a particular service within 90 days of receiving\na request for a licence together with all the relevant\ninformation.
\nObligations of users: a\nnew Article has been included stipulating that Member States shall\nensure that users comply with the deadlines and schedules\nset for payments.
\nRepresentation agreements between collective\nmanagement organisations: collective\nmanagement organisations shall have the right to conclude\nrepresentation agreements with other collective management\norganisations in the area of rights management in order to\nfacilitate, improve and simplify the procedures for licensing\nusers, including for the purposes of single invoicing, under equal,\nnon-discriminatory and transparent conditions, and to offer\nmulti-territorial licenses.
\nDisclosure of information to the\npublic: Member States shall ensure\nthat a collecting society makes public the following information,\ninter alia: (i) a list of the persons who manage the business of\nthe organisation; (ii) general policy regarding distribution of the\namounts due to rightholders; (iii) rules on management fees and\nwithdrawals against income from the investment thereof; (iv) rules\non deductions from rights revenue; (v) standard licensing contracts\nand applicable tariffs; (vi) any information on works for which one\nor more rightholders have not been identified including, where\navailable, the title of the work, the name of the author, the name\nof the publisher and any other relevant information available which\ncould be necessary in order to identify the\nrightholders.
\nTransparency of multi-territorial repertoire\ninformation: a new Article stipulated\nthat a collective management organisation which grants\nmulti-territorial licences for online rights in musical works shall\nprovide to online music service providers, members and other\ncollective management organisations, by electronic means,\nup-to-date information allowing the identification of the online\nmusic repertoire it represents. This shall include the musical\nworks represented,including the names of the artists and the\ntitle of the recording.
\nAccurate and timely reporting and\ninvoicing: the Commission may lay\ndown, by means of an implementing act, standard forms for providing\nrelevent information and standard formats for the invoices.\nThose implementing acts shall be adopted in accordance with the\nexamination procedure.
\nDispute resolution: the\namended text stipulated that Member States shall ensure that\ndisputes between collective management organisations and users\nconcerning, inter alia, existing or proposed licensing conditions,\ntariffs, the calculation of tariffs or any refusal to grant or\nrenew a licence can be submitted to a court or to an independent\nand impartial dispute resolution body with expertise in\nintellectual property law. Member States shall provide in their\nspecific dispute resolution legislation that the users are to\ndeposit an interim tariff in an escrow account until the final\nand irrevocable decision is taken by a court or dispute\nresolution body in relation to the disputed tariff.
\nCompliance with this Directive: Member States shall ensure that procedures are set\nup enabling members of a collective management organisation,\nrightholders, collective management organisations covered by this\nDirective, users and other interested parties to submit complaints\nto the competent authorities with regard to the activities of\ncollective management organisations which are covered by this\nDirective. Member States shall provide that their respective\ncompetent authorities impose appropriate administrative\nsanctions and take appropriate measures where national\nprovisions adopted in implementation of this Directive have not\nbeen complied with, and shall ensure that they are\napplied.
\nReporting: by 5 years\nafter the end of the transposition period, the Commission shall\nassess the application of this Directive including its impact on\nthe development of cross-border services and on cultural diversity.\nThis report shall be used to assess the financial impact of\nimplementing this Directive and the possibility of introducing\nrelated funding for collective management organisations, if\nnecessary.
\nThe European Parliament adopted by 640 votes to 18,\nwith 22 abstentions, a legislative resolution on the proposal for a\ndirective of the European Parliament and of the Council on\ncollective management of copyright and related rights and\nmulti-territorial licensing of rights in musical works for online\nuses in the internal market.
\nParliament agreed its position in first reading under\nthe ordinary legislative procedure. The amendments adopted in\nplenary are the result of an agreement negotiated between the\nEuropean Parliament and the Council. They amend the proposal as\nfollows:
\nPurpose: the aim of the\ndirective is to lay down requirements applicable to collective\nmanagement organisations with a view to ensuring a high\nstandard of governance, financial management, transparency and\nreporting.
\nThe amended text underlines that collective management\norganisations should continue to play, an important role as\npromoters of the diversity of cultural expression, both by\nenabling the smallest and less popular repertoires to access the\nmarket and by providing social, cultural and educational services\nfor the benefit of their rightholders and the public.
\nGeneral principles: Member States should ensure that collective\nmanagement organisations act in the\nbest interests of the rightsholders whose\nrights they represent and that they do not impose\non them any obligations which are not objectively\nnecessary for the protection of their rights and\ninterests or for the effective management of their\nrights.
\nRights of rights holders: the amended text provides that rights holders shall\nhave the right to authorise a collective management\norganisation of their choice to manage the rights,\ncategories of rights or types of works and other subject-matter of\ntheir choice, for the territories of their choice,\nirrespective of the Member State\nof nationality, residence or establishment of either\nthe collective management organisation or the\nrightholder. Unless the collective management organisation has\nobjectively justified reasons to refuse management, it shall be\nobliged to manage these rights.
\nRightholders should be free to entrust the\nmanagement of their rights to independent management entities.\nSuch independent management entities are commercial entities which\ndiffer from collective management organisations inter alia because\nthey are not owned or controlled by rightholders.
\nHowever, to the extent that such independent\nmanagement entities carry out the same activities as collective\nmanagement organisations, they should be obliged to provide certain\ninformation to the rightholders they represent, collective\nmanagement organisations, users and the public.
\nOrganisation of collective management\norganisations: to ensure that\nrightholders rights are properly managed, collective\nmanagement organisations will also have to comply with\ntransparency and reporting requirements as well as minimum rules on\ngovernance and on the collection and use of revenues.
\nEach collective management organisation should take\nall necessary measures so that the persons who manage its business\ndo so in a sound, prudent and appropriate manner, using sound\nadministrative and accounting procedures and internal control\nmechanisms. Procedures to avoid conflicts of interest should also\nbe set in place.
\nManagement of rights revenues: collective management organisations should be diligent\nin the collection and management of rights revenue.
\nA collective management organisation shall keep\nseparate in its accounts: (a) rights revenue and any income arising\nfrom the investment of rights revenue; and (b) any own assets it\nmay have and income arising from such assets, from management fees\nor from other activities.
\nDistribution of amounts due to rights\nholders: each collective management\norganisation should regularly, diligently and\naccurately distribute and pay amounts due to\nrightholders.
\nAmounts should be distributed and paid to rights\nholders as soon as possible but no later than nine months\nfrom the end of the financial year in which the rights revenue was\ncollected, unless objective reasons prevent the collective\nmanagement organisation from meeting that deadline.
\nWhen a rights holder authorises a collective\nmanagement organisation to manage his rights, the collective\nmanagement organisation should transmit to the rights holder\ninformation on management fees and other deductions made on revenue\narising from these rights before obtaining his consent to manage\nhis rights. The deductions in question must be\nreasonable.
\nRights managed under representation\nagreements: collective management\norganisation should not discriminate against any\nrightholder whose rights it manages under a representation\nagreement, in particular with respect to applicable tariffs,\nmanagement fees, and the conditions for the collection of the\nrights revenue and distribution of amounts due to\nrightholders.
\nAgreements between collective management organisations\nfor multi-territorial licensing: Member States should ensure that\nany representation agreement between collective\nmanagement organisations whereby a collective management\norganisation mandates another collective management\norganisation to grant multi-territorial licences for the online\nrights in musical works in its own music repertoire is of a\nnon-exclusive nature. The mandated collective management\norganisation shall manage those online rights\non a non-discriminatory basis.
\nObligation to represent another collective\nmanagement organisation for multi-territorial\nlicensing: where a collective\nmanagement organisation which does not grant or offer to grant\nmulti-territorial licences for the online rights in musical works\nin its own repertoire requests another collective\nmanagement organisation to enter into a representation\nagreement to represent those rights, the requested\ncollective management organisation is required to agree to such a\nrequest if it is already granting or offering to grant\nmulti-territorial licences for the same category of online rights\nin musical works in the repertoire of one or more other collective\nmanagement organisations.
\nPURPOSE: to increase transparency and efficiency in\nthe functioning of copyright collective management organisations,\nand facilitate the granting of cross-border licensing of\nauthors rights in online music.
\nLEGISLATIVE ACT: Directive 2014/26/EU of the European\nParliament and of the Council on collective management of copyright\nand related rights and multi-territorial licensing of rights in\nmusical works for online use in the internal market.
\nCONTENT: the Directive lays down: i) requirements\nnecessary to ensure the proper functioning of the management of\ncopyright and related rights by collective management\norganisations; (ii) requirements for multi-territorial licensing by\ncollective management organisations of authors rights in\nmusical works for online use.
\nThe directive is linked to the development of\nthe Digital Agenda for Europe and Europe 2020 strategy. Its main points are as\nfollows:
\nMulti-territorial licensing of online\nmusic: currently, in the online music\nsector, online service providers wishing to obtain licenses for\ncross-border music services across EU borders have to obtain\nlicences from separate collective management organisations in each\nEU Member State. The new Directive will enable service providers to\nobtain such licenses from collective management organisations\noperating across EU borders.
\nClear description of rights of rights\nholders: the Directive provides that\nMember States must ensure that collective management organisations\nact in the best interests of the rights holders whose rights they\nrepresent. Rights holders shall have the right to authorise a\ncollective management organisation of their choice to manage\nthe rights, categories of rights or types of works and other\nsubject-matter of their choice, for the territories of their\nchoice, irrespective of the Member State of nationality, residence\nor establishment of either the collective management organisation\nor the rights holder.
\nRights holders will be free to entrust the management\nof their rights to independent management entities.
\nRequirements applicable to collective management\norganisations: in order to ensure\nproper management of copyright, collective management organisations\nmust observe rules on transparency and reports, as well as\non governance and the collection and use of revenue. The\nDirective establishes, for example, that collective management\norganisations must have a supervisory role regarding financial\nmanagement, as well as provisions on their members right to\nvote and their right to vote in the general assembly though a\nproxy.
\nTimely and appropriate remuneration for\nartists: each collective management\norganisation regularly, diligently and accurately\ndistributes and pays amounts due to rights holders. Revenue will\nhave to be distributed to artists as quickly as possible, and no\nlater than nine months from the end of the financial year in\nwhich the rights revenue was collected, unless objective reasons\nprevent the collective management organisation from meeting that\ndeadline. There are also provisions regarding the use of all sums\nthat could not be distributed.
\nRepresentation agreements with other collective\nmanagement organisations: the\nDirective introduces rules on representation agreements amongst\ncollective management organisations regarding the grant of\nmulti-territorial licences. To ensure that the creators of music in\nall Member States have access to licences covering more than one\ncountry and to preserve cultural diversity, collective\nmanagement organisations that do not themselves issue copyright\nlicences for more than one country will be able to request another\norganisation to represent their repertoire. Under certain\nconditions, those organisations would be obliged to do so.\nCollective management organisations will have to manage the\nrepertoire they represent under the same conditions that\nthey apply to their own repertoires.
\nDispute resolution: the\nDirective also introduces provisions on complaint handling and\ndispute resolution. Member States may provide that disputes between\ncollective management organisations, members of collective\nmanagement organisations, rights holders or users can be submitted\nto a rapid, independent and impartial alternative dispute\nresolution procedure.
\nENTRY INTO FORCE: 09/04/2014.
\nTRANSPOSITION:\n10/04/2016.
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