Activities of Jytte GUTELAND related to 2015/0284(COD)
Legal basis opinions (0)
Amendments (12)
Amendment 58 #
Proposal for a regulation
Recital 4
Recital 4
(4) There are a number of barriers which hinder the provision of these services to consumers temporarily present in another Member State. Certain online services include content such as music, games or films which are protected by copyright and/or related rights under Union law. In particular, the obstacles toThe problems associated with cross- border portability of online content services stem from the fact that the rights for the transmission of content protected by copyright and/or related rights such as audiovisual works are often licensed on a territorial basis as well as from the fact that online service providers may choose to serve specific markets only. differ from one sector to another: whereas the music industry began to resolve these problems by proposing multi-territorial or pan-European licenses following the implementation of Directive 2014/26/EU of the European Parliament and of the Council1a, the audiovisual sector, where the model of exclusive territorial licensing predominates, is currently confronted with barriers in providing their content services on a portable basis across the Union. This Regulation aims to solve all the difficulties of adjusting to portability in all sectors concerned through a legal fiction, without affecting the high level of protection guaranteed by the copyright and related rights in the Union, especially the existing territorial licensing model. _____________________ 1aDirective 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).
Amendment 67 #
Proposal for a regulation
Recital 10
Recital 10
(10) The acquisition of a licence for the relevant rights is not always possible, notably when rights in content are licensed on an exclusive basis. In order to ensure the territorial exclusivity, online service providers often undertake, in their licence contracts with right holders, including broadcasting organisations or events organisers, to prevent their subscribers from accessing and using their service outside the territory for which the service provider holds the licence. These contractual restrictions imposed on service providers require providers to take measures such as disallowing access to their services from IP addresses located outside the territory concerned. Therefore, one of the obstWhile ensuring that the principle of territoriality is respected, which is essential for the proper development and sustainable financing of the European audiovisual and cinematographic sector, this Regulation should satisfy the demand for aclcess to the cross-border portability, and use of, online content services is to be found in the contracts concluded between the online service providers and their subscribers, which in turn reflect the territorial restriction clauses included in contracts concluded between those service providers and right holderson a portable basis across the Union for any subscriber temporarily present in a Member State other than his or her Member State of residence.
Amendment 73 #
Proposal for a regulation
Recital 12
Recital 12
(12) Therefore, the objective of this Regulation is to adapt theprovide a legal framework in order to ensure that the licensing of rights no longer presents barrifor the provision of online content services to subscribers temporarily present in a Member State others to cross-border portability of online content services in the Union and that the cross- border portability can be ensuredhan their Member State of residence by providing a strictly interpretable legal fiction aiming to remove barriers to portability of legally acquired online content related to the licensing of rights.
Amendment 79 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) The concept of cross-border portability should be distinguished from the concept of cross-border access to online content, which does not fall within the scope of this Regulation. This Regulation does not aim to change and should not affect the existing system of territorial licensing, which is key in the financing, production and distribution of European audiovisual works.
Amendment 121 #
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) This Regulation defines several concepts which are necessary for its application, including that of Member State of residence. The Member State of residence should be determined, taking into account the objectives of this Regulation and the need to ensure its uniform application within the Union. Regarding current and future arrangements related to online content services, the provision of portability to subscribers temporarily present in another Member State should not give rise to any special contractual provisions, especially with regard to a certain time limit during which service providers grant portable access to their online content services across the Union.
Amendment 133 #
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
(23a) The provider of an online content service may request the subscriber to provide information necessary in order to sufficiently verify the subscriber's Member State of residence. If the subscriber fails to provide that information and as a consequence, the provider is unable to verify the subscriber’s Member State of residence as required under this Regulation, the provider should not provide cross-border portability of the online content service concerned to that subscriber under this Regulation.
Amendment 158 #
Proposal for a regulation
Article 1
Article 1
This Regulation introduces a common approachlegal framework to ensuring that subscribers to online content services in the Union, when temporarily present in a Member State, can access and use these servicesportable and legally acquired online content services in their Member State of residence can access and use these services when temporarily present in another Member State.
Amendment 165 #
Proposal for a regulation
Article 2 – point a
Article 2 – point a
(a) "Subscriber" means any consumer who, on the basis of a contract for the provision of an online content service with a provider, maycan access and use such service in the Member State of residence;
Amendment 177 #
Proposal for a regulation
Article 2 – point d
Article 2 – point d
(d) "Temporarily present" means a non-permanent presence of a subscriber in a Member State other than this or her Member State of residence;
Amendment 190 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
Amendment 214 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a Option to enable cross-border portability of online content services provided without payment of money 1. The provider of an online content service provided without payment of money may choose to enable its subscribers who are temporarily present in a Member State other than their Member State of residence to access and use its online content services in accordance with this Regulation. 2. If a provider of an online content service provided without payment of money opts to provide that service in accordance with paragraph 1, it shall inform its users and the rightholders before actually providing that service. The information shall be provided by means which are adequate and proportionate. 3. If a provider of an online content service provided without payment of money opts to provide that service in accordance with paragraph 1, this Regulation shall apply to it.
Amendment 245 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2