10 Amendments of Marcus PRETZELL related to 2016/0284(COD)
Amendment 58 #
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 tomore up-to-date rules than those that apply to cable retransmission as defined in Directive 93/83/EEC should apply. The rules established in that Directive include the obligation to exercise 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/EU18 and 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. 72–98gencies which have been given this task voluntarily.
Amendment 62 #
Proposal for a regulation
Recital 14
Recital 14
(14) Any rights held by broadcasting organisations themselves in respect of their broadcasts, including rights in the content of the programmes, should be exempted from the mandatory collectiveindividual management of rights applicable for retransmissions. Operators of retransmission services and broadcasting organisations generally have ongoing commercial relations and 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 does not represent 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 programmes. Therefore, there is no need for the simplification of the licensing process with regard to rights held by broadcasting organisations.
Amendment 68 #
Proposal for a regulation
Recital 16
Recital 16
Amendment 70 #
Proposal for a regulation
Recital 17
Recital 17
(17) In order to achieve the objective of promoting the cross-border provision of ancillary online services and of facilitating retransmissions of television and radio programmes originating in other Member States, it is appropriate to adopt a Regulation, which directly applies incan be applied by the Member States. A Regulation is necessary in order to guarantefacilitate a uniform application of the rules across Member States and their entering into force at the same time with regard to all the concerned transmissions and retransmissions. The direct applicability of a Regulation reduces legal fragmentation and provides greater uniformity by introducing a harmonised set of rules which promotes the free circulation of television and radio programmes originating in other Member States.
Amendment 73 #
Proposal for a regulation
Recital 19
Recital 19
(19) Since the objective of this Regulation, namelyWith this Regulation the European Union can support the Member States in promoting the cross- border provision of ancillary online services and facilitating retransmissions of television and radio programmes originating in other Member States, cannot be sufficiently achieved by Member States and can therefore, by reason of the scale and effects, be better achieved at Union level, the Union may adopt measures i. In accordance with the principle of subsidiarproportionality, as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve its objective. As concerns the cross-border provision of ancillary online services, this Regulation establishes enabling mechanisms to facilitate the clearance of copyright and related rights. This Regulation does not oblige broadcasting organisations to provide such services across borders. Neither does this Regulation oblige operators of retransmission services to include in their services television or radio programmes originating in other Member States. This Regulation concerns only the exercise of certain retransmission rights to the extent necessary to simplify the licensing of copyright and related rights for such services and only with regard to television and radio programmes originating in other Member States of the Union,
Amendment 95 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
(1) Holders of copyright and related rights other than broadcasting organisations may, in the exercise of their contractual freedom, freely exercise their rights to grant or refuse the authorisation for a retransmission only through a collective management organisation.
Amendment 97 #
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 98 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 100 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 101 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5