Activities of Françoise CASTEX related to 2011/2313(INI)
Shadow opinions (1)
OPINION on online distribution of audiovisual works in the EU
Amendments (10)
Amendment 4 #
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises the need to ensure flexibility in the distribution of audiovisual works by digital platforms, so as to provide legal forms of supply in response to market demand and to foster cross-border access to content originating from other Member States while ensuring respect for copyright;
Amendment 12 #
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses the need to ensure legal certainty with regard to the law applicable to collective licensing for the online multi- territorial use of audiovisual content; believes that this could be achieved by providing for a system where the law in which the media service provider is established should be applied, while preserving the interests of all right holders, granting them fair remuneration for the service and taking account of all aspects for the service concerned and leaving intact the right for the audiovisual and cinema producers to conclude agreements with the media service providers on an individual basis;
Amendment 16 #
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to present a legislative initiative for the collective management of copyright, aimed at ensuring better accountability, transparency and governance on the part of collective rights management societies, as well as efficient dispute resolution mechanisms, and at clarifying and simplifying licensing systems in the music sector; stresses, in this regard, the need to operate a clear distinction between licensing practices for different types of content, notably between audiovisual/cinematographic and musical works; recalls that the licensing of audiovisual works is mainly conducted on the basis of both contractual agreements, and that collective management is rare;
Amendment 18 #
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Emphasises that collective rights management is an essential tool for broadcasters, given the high number of rights they need to clear daily; stresses that, where for some types of content and use (e.g. mass-use of music by broadcasters) collective licensing already takes place, an efficient framework guaranteeing one-stop shop should be ensured to help stimulate the EU-wide availability of audiovisual services of which music is an integrated part; recalls that such a framework has been repeatedly demanded by the European Parliament and has already proven useful for transfrontier traditional audiovisual services (e.g. for cable and satellite services);
Amendment 20 #
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Recalls that, where relevant, collective rights management solutions (such as extended collective licensing where appropriate) should be found for making broadcasters' archives available to the public on the Internet throughout Europe; considers that this would ultimately benefit all citizens interested in viewing or listening to a vast part of Europe's cultural heritage;
Amendment 21 #
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to evaluate the application of the current acquis in the field of copyright and take into account the implications of the recent decision of the Court of Justice of the EU in the Premier League case on EU-wide access to audiovisual services;
Amendment 24 #
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses the need to find a solution allowing authors and performers to secure fair economic returns from the online exploitation of their workmaking available on demand of their works; in this regard calls for the introduction to the EU acquis of an unwaivable remuneration right for performers paid by the users to perfomers' collecting societies and thereby permitting them to effectively benefit from the growing digital market place with regard to on demand services;
Amendment 25 #
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Supports, as far as authors are concerned, European legislation which would provide audiovisual authors with an unwaivable right to remuneration for online uses of their works when they have transferred their making available right to a producer; considers that such a remuneration right should be entrusted to collective management societies representing audiovisual authors, unless unions' contracts or extended collective licences already guarantee such remuneration; also considers that the remuneration should be collected from audiovisual media services making audiovisual works available to the public;
Amendment 31 #
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Stresses the importance of promoting digital skills and media literacy for all EU citizens as it plays an essential role for societal participation and democratic citizenship; recalls the important role of public service media plays in this regard as part of their public service missions;
Amendment 34 #
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Considers that, in a context of technological convergence, rights licensing arrangements should apply a technologically-neutral approach; recalls that today, the same TV set can offer both on demand Internet-based services such as catch-up services and traditional broadcast of the same programme; considers therefore that the licensing scheme for the simultaneous, unchanged and unabridged retransmission of audiovisual broadcasting content originating in a Member State over any platform should follow the same regime as is applied to cable retransmission, irrespective of the platform and the transmission method used;