30 Amendments of József SZÁJER related to 2012/0180(COD)
Amendment 127 #
Proposal for a directive
Recital 2
Recital 2
(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. IWith 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.
Amendment 131 #
Proposal for a directive
Recital 3
Recital 3
Amendment 138 #
Proposal for a directive
Recital 4
Recital 4
(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.
Amendment 140 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (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.
Amendment 144 #
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7b) This Directive does not affect the possibility for Member States to impose a requirement for the representativeness of the collective management organization.
Amendment 148 #
Proposal for a directive
Recital 8
Recital 8
(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 providerforming their management servicactivities.
Amendment 177 #
Proposal for a directive
Recital 16
Recital 16
(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 serviceactivity funded through such deductions. However, this Directive should not affect national law on any aspects that are not regulated by this Directive.
Amendment 179 #
Proposal for a directive
Recital 17
Recital 17
(17) Collecting societies may manage rights and collect revenue from their exploitation (‘rights revenue’) 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.
Amendment 183 #
Proposal for a directive
Recital 19
Recital 19
(19) To enhance the trust of rightholders, users and other collecting societies in the management services providactivities 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.
Amendment 186 #
Proposal for a directive
Recital 20
Recital 20
(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 servicactivities. 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.
Amendment 188 #
Proposal for a directive
Recital 21
Recital 21
(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 provideerform collective management servicactivities 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.
Amendment 190 #
Proposal for a directive
Recital 24
Recital 24
(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 providactivities 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.
Amendment 194 #
Proposal for a directive
Recital 27
Recital 27
(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 toin improveing the efficiency in the exchange of data between collecting societieve management organisations and users. The monitoring of the use of licences should respect fundamental rights, namelyincluding the right to respect ofor private and family life and data protectionthe right to protection of personal data. To ensure that these efficiency gains result in faster financial processing and ultimately in earlier payments to rightholders, collecting societieve 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 collecting societieve management organisations with accurate and timely reports on the use of the works. Collecting societieve management organisations should not be required to accept users' reports in proprietary formats when widely used industry standards are available.
Amendment 196 #
Proposal for a directive
Recital 28
Recital 28
(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 servicactivities and rationalise investments in data management tools.
Amendment 287 #
Proposal for a directive
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1 a. Member States may decide that the powers of the general assembly of members may be exercised by an assembly of delegates elected at least every four years by the members of the collective management organisation, provided that: a) appropriate and effective participation of members in the collective management organisation's decision-making process is ensured; and b) the representation of the different categories of members in the assembly of delegates is fair and balanced. The rules laid down in paragraphs 2 to 8 shall apply to the assembly of delegates mutatis mutandis.
Amendment 360 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
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 servicactivities or the income derived from any other activities.
Amendment 372 #
Proposal for a directive
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. Member States shall ensure that, where a collecting society provideerforms social, cultural or educational servicactivities funded through deductions from rights revenue, rightholders are entitled to the following:
Amendment 373 #
Proposal for a directive
Article 11 – paragraph 2 – point a
Article 11 – paragraph 2 – point a
(a) social, cultural or educational servicactivities on the basis of fair criteria, in particular in relation to the access to and the extent of those services;
Amendment 374 #
Proposal for a directive
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(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 servicactivities. 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.
Amendment 396 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
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.
Amendment 399 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
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 servicactivities.
Amendment 404 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
Tariffs for exclusive rights shall reflect the economic value of the rights in trade andand rights to remuneration shall reflect in particular, the economic value of the use of the rights, the nature and scope of the uservice provided by the collecting society of the work and other subject matter in the particular context.
Amendment 411 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 3
Article 15 – paragraph 2 – subparagraph 3
Amendment 441 #
Proposal for a directive
Article 16 – paragraph 1 – point f
Article 16 – paragraph 1 – point f
(f) 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 servicactivities in the period concerned;
Amendment 471 #
Proposal for a directive
Article 19 – paragraph 1 – point f
Article 19 – paragraph 1 – point f
(f) rules on deductions from rights revenue for purposes other than management fees, including deductions for the purposes of social, cultural and educational servicactivities;
Amendment 483 #
Proposal for a directive
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The special report referred to in paragraph 1 shall be on the use of the amounts deducted for the purposes of social, cultural and educational servicactivities and shall contain at least the information set out in point 3 of Annex I.
Amendment 500 #
Proposal for a directive
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The mandating collecting society shall inform its members of the duration of the agreement, the costs of the services providactivities performed by the other collecting society and any other significant terms of the agreement.
Amendment 504 #
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
Member States shall ensure that where a collecting societyve management organisation does not grant or offer to grant multi-territorial licences infor online rights in musical works or does not allow another collecting societyve management organisation to represent those rights for such a purpose by one year after the transposition date of this Directive, rightholders who have authorised that collecting societyve 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 collecting society complying with the provisions of this Title or any other party they authorise. The collecting societyother party they authorise, or can grant such licences through any collective management organisation complying with the provisions of this Title. A 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 societyve management organisation is established, unless the rightholders terminate their authorisation to manage them.
Amendment 506 #
Proposal for a directive
Article 31
Article 31
Amendment 538 #
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
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 serviccollective management activities and on cultural diversity, and, if necessary, on the need to review it. The Commission shall submit its report accompanied, if appropriate, by a legislative proposal.