8 Amendments of Josef WEIDENHOLZER related to 2016/0284(COD)
Amendment 80 #
Proposal for a regulation
Recital 8
Recital 8
(8) The ancillary online services covered by this Regulation are those services offered by broadcasting organisations which have a clear and subordinate relationship to the broadcastgiving access to television and radio content offered by broadcasting organisations. They include services giving access to television and radio programmes in a linear manner simultaneously to the broadcast and services giving access, within a defined time period after the broadcast, to television and radio programmes which have been previously broadcast by the broadcasting organisation (so-called catch- up services). In addition, ancillary online services include services which give access to material which enriches or otherwise expands television and radio programmes broadcast by the broadcasting organisation, including by way of previewing, extending, supplementing or reviewing the relevant programme's content. The provision of access to individual works or other protected subject matter that have been incorporated in a television or radio programme should not be regarded as an ancillary online service. Similarly, the provision of access to works or other protected subject matter independently of broadcast, such as services giving access to individual musical or audiovisual works, music albums or videos, do not fall under the definition of ancillary , as well as material genuinely produced for the digital environment. Such access is particularly important to reach younger audiences. Younger audiences are the main users of the internet as a means of watching television and listening to radio programmes. Therefore it is essential to enable broadcasters to disseminate also such kinds of programmes online across national borders. In particular broadcasters with a public service mission, which are financed by public funds, paid by citizens' contributions, need to adapt to this changing consumer behaviour. Otherwise their right to exist might be put into questionl ine servic the future.
Amendment 98 #
Proposal for a regulation
Recital 10
Recital 10
(10) Since the provision of, the access to or the use of an ancillary online service is deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment, while de facto the ancillary online service can be provided across borders to other Member States, it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question, the parties should take into account all aspects of the ancillary online service such as the features of the service, the audience, including the audience in the Member State in which the broadcasting organisation has its principal establishment and in other Member States in which the ancillary online service is accessed and used, and the language version. However, that does not imply any particular fee calculation methods, such as fees calculated on a 'per use' basis.
Amendment 112 #
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) While the principle of contractual freedom remains untouched by this regulation, an abuse of negotiating positions through the application of the "country of origin principle" should be prevented. Therefore Member States should ensure that either party may call upon the assistance of impartial mediators, whose task is to assist negotiations and who may submit proposals, in order to enable them reaching an agreement on terms acceptable to both parties.
Amendment 145 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) To prevent the abuse of negotiating positions, Member States should ensure by means of civil or administrative law, that the parties enter and conduct negotiations regarding authorisation for retransmission in good faith and do not prevent or hinder negotiation without valid justification.
Amendment 202 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) "ancillary online service" means an online service provided via the internet consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of linear and non-linear radio or television programmes before, simultaneously with or for a defined period of time, during or after their broadcast by the broadcasting organisation, as well as of any materialnd of any content produced by or for the broadcasting organisation which is ancillary to suchincluding without any connection to the broadcast;
Amendment 255 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
(2) When fixing the amount of the payment to be made fFor the rights subject to the country of origin principle as set out in paragraph 1, the parties shall take into accountappropriate remuneration shall be fixed by the parties to ensure cultural diversity. When calculating the amount of that appropriate remuneration all aspects of the ancillary online service such as the features of the ancillary online service, the audience, and the language versionhall be taken into account in particular its features, the size of the audience having regard to the relevant language version and the duration of online availability.
Amendment 268 #
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Article 2 a Mediation 1.Where an agreement is being negotiated between a broadcasting organisation and a producer of audiovisual works regarding the clearance of rights for the provision of such works on an online service provided in accordance with Article 2, Member States shall ensure that either party may call upon the assistance of one or more mediators in order to enable reaching an agreement on terms acceptable to both parties. 2.Member States shall also ensure that the mechanism set out in paragraph 1 can apply in the context of the implementation of an agreement concluded between a broadcasting organisation and a producer of audiovisual works, in particular where the parties enter into a dispute or fail to reach an agreement in relation to the amount of the payment to be made to the producer or in relation to the online exploitation of the works. 3.The task of the mediators shall be to provide assistance with negotiation.They may also submit proposals to the parties. 4.The mediators shall be so selected that their independence and impartiality are beyond reasonable doubt.
Amendment 310 #
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Member States shall ensure by means of civil or administrative law, as appropriate, that the parties enter and conduct negotiations regarding authorization for retransmission in good faith and do not prevent or hinder negotiation without valid justification.