25 Amendments of Mylène TROSZCZYNSKI related to 2016/0284(COD)
Amendment 31 #
Proposal for a regulation
Recital 2
Recital 2
(2) The development of digital technologies and internet has transformed the distribution of, and access to, television and radio programmes. Users increasingly expect to have, pitting traditional audiovisual media services against increasingly fierce international competition, particularly from on-line platforms. To meet user demand for access to television and radio programmes both live and on- demand, using traditional channels such as satellite or cable and also through online services. B, broadcasting organisations are therefore increasinglyhave managed to adapt and offer ing, in addition to their own broadcasts of television and radio programmes,novative solutions such as online services ancillary to their broadcast, such ass, like simulcasting and catch-up services. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based or mobile networks as well as the open internet. On the part of users, there is a growing demand for access to broadcasts of television and radio programmes not only originating in their Member State but also in other Member States of the Union, including from members of linguistic minorities of the Union as well as from persons who live in another Member State than their Member State of originThese new techniques have made it possible to offer users a broad choice and increasingly easy access to high-quality content.
Amendment 34 #
Proposal for a regulation
Recital 3
Recital 3
(3) A number of barriers hinder the provision of online services which are ancillary to broadcasts and the provision of retransmission services and thereby the free circulation of television and radio programmes within the Union. Broadcasting organisations transmit daily many hours of news, cultural, political, documentary or entertainment programmes. These programmes incorporate a variety of content such as audiovisual, musical, literary or graphic works, which is protected by copyright and/or related rights under Union law. That results in a complex process to clear rights from a multitude of right holders and for different categories of works and othenational bodies of law and Union law. Territorially based sales of rights and exclusivity clauses play a major protected subject matter. Often the rights need to be cleared in a short time- frame,le in the financing and distribution of this content. This investment ins particular when preparing programmes such as news or current affairs. In order to make their online services available across borders, broadcasting organisations need to have the required rights to works and other protected subject matter for all the relevantly relevant in the case of the cross-border distribution of content across the Union, as was pointed out by the European Audiovisual Observatory in its study on territoriality in 2015, because the Union market is heterogeneous and very fragmented – owing to differences in the language, culture and tastes of the public – and, therritories which further increases the complexity of the rights' clearefore, obliges broadcasting organisations to adapt to national circumstances.
Amendment 44 #
Proposal for a regulation
Recital 1
Recital 1
(1) In order to contribute to the functioning of the internal market, it is necessary to provide for wider dissemination ofinue to support the European cultural and creative industries, it is necessary to embed the principle of territoriality, including for television and radio programmes originating in other Member States, for the benefit of users across the Union by facilitating licensingenterprises but also of users, by enshrining the principle of copyright and related rights in works and other protected subject-matter contained in broadcasts of such programmes. Indeed, television and radio programmes are important means of promoting cultural and linguistic diversity, social cohesion and access to information, and it is therefore vital to ensure that schemes for the financing of audiovisual works are not jeopardised.
Amendment 52 #
Proposal for a regulation
Recital 4
Recital 4
(4) Operators of retransmission services, that normally offer multiple programmes which use a multitude of works and other protected subject matter included in the retransmitted television and radio programmes, have a very short time- frame forthe possibility of obtaining the necessary licences and hence also face a significant rights clearing burden. There is also a risk for right holders of having their works and other protected subject matter exploited without authorisation or payment of remuneration, which is a facet of contractual freedom and guarantees right holders the remuneration they need for their livelihoods and to continue to offer a wide variety of content, which is necessary in order to preserve cultural diversity in Europe.
Amendment 55 #
Proposal for a regulation
Recital 5
Recital 5
(5) ThIt is also necessary to point out that this legal protection of right holders, which forms part of the constitutional traditions and legal systems of most Member States, is also enshrined in Union law, since rights in works and other protected subject matter arehave been harmonised, among othersinter alia, through Directive 2001/29/EC of the European Parliament and of the Council15 and Directive 2006/115/EC of the European Parliament and of the Council.16 _________________ 15 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 OJ L 167, 22.6.2001, p. 10–19. 16 Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property OJ L 376, 27.12.2006, p. 28–35.
Amendment 60 #
Proposal for a regulation
Recital 6
Recital 6
(6) While Council Directive 93/83/EEC17 facilitates cross-border satellite broadcasting and retransmission by cable of television and radio programmes from other Member States of the Union. However, the provisions of that Directive, its provisions on transmissions of broadcasting organisations are limited to satellite transmissions and therefore do not apply to online services ancillary to broadcast while the provisions concerning retransmissions of television and radio programmes from other Member States are limited to simultaneous, unaltered and unabridged retransmission by cable or microwave systems and do not extend to such retransmissions by means of other technologies. _________________ 17 Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission OJ L 248, 6.10.1993, p. 15– 21.
Amendment 68 #
Proposal for a regulation
Recital 7
Recital 7
(7) Therefore, cross-border provision of online services ancillary to broadcastBearing in mind the importance of the principle of territoriality for the financing of cultural and cretransmissions of television and radio programmes originating in other Membative content, and in particular of audiovisual works, the provisions of Directive 93/83/EEC on cross-border Stsates should be facilitallited by adapting the legal framework on the exercise of copyright and related rights relevant for those activitiesroadcasting and retransmission by cable should not be extended to on-line services ancillary to broadcasting and retransmission.
Amendment 84 #
Proposal for a regulation
Recital 9
Recital 9
Amendment 95 #
Proposal for a regulation
Recital 10
Recital 10
Amendment 108 #
Proposal for a regulation
Recital 11
Recital 11
(11) Through the principle of contractual freedom it will be possibleis necessary to continue limiting the exploitation of the rights affected by the principle of country of origin laid downset out in this Regulation, especially as far as certain technical means of transmission or certain language versions are concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union law.
Amendment 114 #
Proposal for a regulation
Recital 12
Recital 12
(12) Operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile and similar networks, provide services which are equivalent to those provided by operators of cable retransmissIn view of the principle of contractual freedom, and although the collective management model might be encouraged, it would be recommendable not to implement new legislation spervices when they retransmit simultaneously, in an unaltered and unabridged manner,taining to rights clearance procedures for rseception by the public, an initial transmission from another Member State of television or radio programmes, where this initial transmission is by wire or over the air, including by satellite but excluding online transmisondary retransmissions of programmes by operators of packages of televisions, and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. Retransmission services which are offered on the open internet should be excluded from the scope of this Regulation as those services have different characteristics. They are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit IP-based networksradio channels by means of IPTV or other closed electronic communication networks. Moreover, no changes of a legal nature should be made at this stage in respect of retransmission services offered on the open internet.
Amendment 128 #
Proposal for a regulation
Recital 13
Recital 13
(13) In order to provide legal certainty to operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile or similar networks, and to overcome disparities in national law regarding such retransmission services, rules similar to those that apply to cable retransmission as defined in Directive 93/83/EEC should apply. The rules established in that Directive include the obligation toemphasis should be placed on the principle of contractual freedom, which ensures genuine protection of right holders and content creators in general. It is also necessary to underscore the possibility of exerciseing the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation. This is without prejudice to Directive 2014/26/EU18and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation. _________________ 18 Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi- territorial licensing of rights in musical works for online use in the internal market, OJ L 84, 20.3.2014, p. 72–98 or otherwise.
Amendment 143 #
Proposal for a regulation
Recital 14
Recital 14
(14) AnyThe aforesaid principles also apply to rights held by broadcasting organisations themselves in respect of their broadcasts, including rights in the content of the programmes,. It should be exempted from the mandatory collective management of rights applicable for retransmissions. Onoted in this respect that operators of retransmission services and broadcasting organisations generally have ongoing commercial relations and a. As a result, the identity of broadcasting organisations is known to operators of retransmission services and hence the clearance of rights with broadcasting organisations is comparatively simple. Thus, to obtain the necessary licences from broadcasting organisations, operators of retransmission services do not face the same burden as they face to obtain licences from holders of rights in works and other protected subject matter included in the retransmitted television and radio programmesrelatively simple. Therefore, there is no need for the simplification of the licensing process with regard to rights held by broadcasting organisations.
Amendment 160 #
Proposal for a regulation
Recital 15
Recital 15
Amendment 173 #
Proposal for a regulation
Recital 16
Recital 16
(16) This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union. Whilst there may be an interference with the exercise of the rights of right holders insofar as, particularly the principle of contractual freedom. Accordingly, mandatory collective management is required for the exercise of the right of communication to the public with regard to retransmission services, it is necessary to prescribe such a condition in a targeted manner for specific services and in order to allow more widespread cross-border dissemination of television and radio programmes by facilitating the clearance of these right should be ruled out, as it might additionally impact on the exercising of the rights of right holders.
Amendment 175 #
Proposal for a regulation
Recital 17
Recital 17
Amendment 182 #
Proposal for a regulation
Recital 18
Recital 18
(18) A review of the Regulation should be undertaken after the Regulation has been in force for a period of time, in order to assess, among other things, to what extent the cross-border provision of ancillary online services has increased to the benefit of European consumers and hence also to the benefit of improvedit helps protect copyright holders and the principle of territoriality, which underpins the financing of cultural creation and is therefore highly symbolic in terms of preserving cultural diversity in the UnionEurope.
Amendment 234 #
Proposal for a regulation
Article 2 – title
Article 2 – title
Application of the principle of ‘country of origidestination’ to ancillary online services
Amendment 244 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
(1) The acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State or Member States in which the broadcasting organisation has its principal establishmentundertakes those acts of communication and reproduction.
Amendment 258 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
(2) When fixing the amount of the payment to be made for the rights subject to the country of origidestination principle as set out in paragraph 1, the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service, the audience, and the language version.
Amendment 274 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
(1) Holders of copyright and related rights other than broadcasting organisations may exercise their rights to grant or refuse the authorisation for a retransmission only through a collective management organisation or through any other means they deem appropriate, in keeping with the principle of contractual freedom.
Amendment 283 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 287 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
(3) Where more than one collective management organisation manages rights of that category for the territory of that Member State, the right holder shall be free to choose which of those collective management organisations is deemed to be mandated to manage his or her right. If in such a situation the right holder does not choose the collective management organisation, it shall be for the Member State for whose territory the operator of the retransmission service seeks to clear rights for a retransmission to indicate which of the collective management organisations, if he or she so wishes, the collective management organisation that is deemed to be mandated to manage the right of that right holderhis or her right.
Amendment 297 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
(5) A Member State may provide that, wWhere a right holder authorises the initial transmission within its territoryin a Member State of a work or other protected subject matter, the right holder shall be deemed to have agreed not toor she may exercise his or her rights in retransmission on an individual basis but to exercise them, or in accordance with other arrangements set out in this Regulation.
Amendment 308 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1