Activities of Jean-Marie CAVADA related to 2012/0180(COD)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online uses in the internal market
Legal basis opinions (0)
Amendments (91)
Amendment 83 #
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. 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, except where national or EU law has made collective management compulsory.
Amendment 88 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) It is imperative, however, that account is taken of the specific nature of collective management organisations serving the audiovisual and live entertainment sectors, which function very differently from the music sector.
Amendment 90 #
Proposal for a directive
Recital 3
Recital 3
Amendment 95 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) A suitable legal framework for collective management organisations should be established and, in particular, those Member States that do not yet have a supervisory body should establish one so as to facilitate the proper transposition of the EU legislation.
Amendment 96 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Collective management organisations are not commercial companies as they do not merely collect and redistribute rights revenue but also promote creativity and cultural diversity. They may therefore be required to comply with Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006, on services in the internal market, only in respect of a certain number of their activities.
Amendment 99 #
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 collectedFurthermore, 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, provided that they do not compete directly with management organisations in the areas of collecting and distributing monies due to rightholders. In such cases the criteria of membership and control by the membership are not relevant.
Amendment 101 #
Proposal for a directive
Recital 6
Recital 6
(6) The protection of the interests of the members of collecting societies, rightholders and third parties requires that the laws of the Member States related to copyright management and multi-territorial licensing for online rights in musical works be coordinated with a view to having equivalent safeguards throughout the Union. Accordingly, the Directive is based on Article 50(2)(g) of the Treaty.
Amendment 103 #
Proposal for a directive
Recital 9
Recital 9
(9) Having the freedom to provide and to receive collective management services across national borders entails that rightholders are able to freely choose the collecting society for the management of their rights, such as public performance or broadcasting rights, or categories of rights, such as interactive communication to the public1, provided the collecting society already manages such rights or categories of rights. This implies that rightholders can easily withdraw their rights or categories of rights from a collecting society and entrust or transfer all or part of them to another collecting society or another entity irrespective of the Member State of residence or the nationality of either the collecting society or the rightholder. Collecting societies managing different types of works and other subject matter, such as literary, musical or photographic works, should also allow this flexibility to rightholders as regards the management of different types of works and other subject matter. Collecting societieve management organisations should inform rightholders of this choice and allow them to exercise it as easily as possible. Finally, given that direct licensing between users and rightholders plays a major role in some creative sectors and facilitates the development of innovative services, this Directive should not prejudice the possibilities of rightholders to manage their rights individually, including for non- commercial uses. __________________ 1 The reference to ‘categories of rights’ is to be deleted throughout the text.
Amendment 105 #
Proposal for a directive
Recital 9
Recital 9
(9) Having the freedom to provide and to receivereceive services for collective management serviceof copyright and related rights across national borders entails that rightholders are able to freely choose the collecting societyve management organisation for the management of their rights, such as public performance or broadcasting rights, or categories of rights, such as interactive communication to the public, provided the collecting society ve management organisation already manages such rights or categories of rights. This implies that rightholders can easily withdraw their rights or categories of rights from a collecting societyve management organisation and entrust or transfer all or part of them to another collecting societyve management organisation or another entity irrespective of the Member State of residence or the nationality of either the collecting societyve management organisation or the rightholder. Collecting societieve management organisations managing different types of works and other subject matter, such as literary, musical or photographic works, should also allow this flexibility to rightholders as regards the management of different types of works and other subject matter. Collecting societieve management organisations should inform rightholders of this choice and allow them to exercise it as easily as possible. Finally, this Directive should not prejudice the possibilities of rightholders to manage their rights individually, including for non- commercial uses.
Amendment 112 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) In implementing the provisions of the Directive, account should be taken of the specificity of each sector. In this context, collecting societies are the preferred way to ensure fair remuneration for authors. Collecting societies must be able to perform their task of pooling management costs for the benefit of their members and in the interests of legal certainty for users and of defending and promoting cultural diversity.
Amendment 119 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) At general meetings, the use of a proxy system should be encouraged so as to enable more members to be represented at such meetings; to prevent abuses and guarantee democratic representation for all it is essential to limit the concentration of proxies in the hands of a small number of people (a maximum of three proxies per person).
Amendment 123 #
Proposal for a directive
Recital 13
Recital 13
(13) Members should be allowed to take part in monitoring the management of collecting societies. To this end, collecting societieve management organisations. To this end, collective management organisations should establish a supervisory function appropriate to their organisational structure and allow members to be representedthe different categories of members to be represented in fair and balanced manner in the body that exercises this function. 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 having to organise such a supervisory function.
Amendment 123 #
Draft legislative resolution
Citation 5 a (new)
Citation 5 a (new)
Having regard to Directive 2011/77/EU of the European Parliament and of the Council of 27 September 2011 amending Directive 2006/116/EC,
Amendment 126 #
Proposal for a directive
Recital 15
Recital 15
(15) Collecting societies collect, manage and distribute revenue from the exploitation of the rights entrusted to them by rightholders. This revenue is ultimately due to rightholders who may be members of that society, or another society. It is therefore important that collecting societies exercise the utmost diligence in collecting, managing and distributing that revenue. Accurate distribution is only possible where collecting societies maintain proper records of membership, licences and use of works and other subject matter. Where appropriate, data should also be provided by rightholders and users and verified by the collecting societies. Amounts collected and due to rightholders should be managed separately from any own assets of the collecting society and, if they are invested, pending their distribution to rightholders, this should be carried out in accordance with the investment policy decided by the collecting societies’ general meeting. In order to maintain a high level of protection for the rights of rightholders and to ensure that any income which may be derived from exploitation of their rights accrues for the benefit of rightholders, the investments made and held by the collecting society should be managed in accordance with criteria which would oblige the collecting society to act prudently, while allowing the collecting society to decide on the most secure and efficient investment policy. As the collective management of rights by collecting societies is not a profit-making activity, these organisations should opt for an asset allocation that is suitable in terms of its precise nature and duration, and avoids any exposure to risk of rights revenue. This should allow the colleting society to opt for an asset allocation that suits the precise nature and duration of any exposure to risk of any rights revenue invested and which does not unduly prejudice any rights revenue owed to rightholders. Moreover, in order to ensure that the amounts due to rightholders are appropriately and effectively distributed, it is necessary to require collecting societies to undertake diligent and good faith reasonable measures to identify and locate the relevant rightholders. It is also appropriate to provide for the approval by members of collecting societies of the rules governing any situation where, due to the lack of identified or located rightholders, amounts collected cannot be distributed.
Amendment 128 #
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 service funded through such deductions. However, this Directive should not affect national law on any aspects that are not regulated by this Directive, with the exception of non-voluntary collective management models.
Amendment 129 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) This Directive is without prejudice to arrangements in the Member States concerning extended or compulsory collective licensing, legal presumptions of representation or transfer, or a combination of these elements.
Amendment 158 #
Proposal for a directive
Recital 35 a (new)
Recital 35 a (new)
(35a) Broadcasting organisations generally rely on a global licence from a local collective management organisation for rights to the world repertoire of musical works, in order to communicate and make available to the public their own radio or television programmes and corresponding online services, such as content complementing or enhancing broadcasters’ programmes or broadening the choice of programmes they offer. This directive should therefore uphold this well-established practice in order to avoid a situation where different rules apply to licences issued for broadcasters’ online and offline services. It is therefore necessary to exempt collection societies from the provisions of Title III where they issue licences for broadcasters’ online services linked to their offline services; such licences should be issued in accordance with national and European Union law, in particular Articles 101 and 102 of the Treaty on the Functioning of the European Union.
Amendment 159 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Given the disparity in the term of protection of rights between sound and audiovisual recordings, and with a view to improving the functioning of the European single market, the term of protection of rights related to audiovisual recordings should be extended to 70 years.
Amendment 160 #
Proposal for a directive
Recital 42 a (new)
Recital 42 a (new)
(42a) While it is legitimate to recognise the rightholder’s freedom to enter into, withdraw from or terminate a rights management arrangement, it is essential that this should go hand in hand with respect for economic imperatives, and for the nature and quality of the service provided by the collecting society.
Amendment 163 #
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) At general meetings, the use of a proxy system should be encouraged so as to enable more members to be represented at such meetings; to prevent abuse and ensure democratic representation for all it is essential to limit the concentration of proxies in the hands of a small number of people (a maximum of three proxies per person).
Amendment 169 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
Titles I, II and IV with the exception of Articles 36 and 40 shall apply to all collecting societies established in the Union and also outside the Union but providing services in the Union.
Amendment 173 #
Proposal for a directive
Recital 15
Recital 15
(15) Collecting societies collect, manage and distribute revenue from the exploitation of the rights entrusted to them by rightholders. This revenue is ultimately due to rightholders who may be members of that society, or another society. It is therefore important that collecting societies exercise the utmost diligence in collecting, managing and distributing that revenue. Accurate distribution is only possible where collecting societies maintain proper records of membership, licences and use of works and other subject matter. Where appropriate, data should also be provided by rightholders and users and verified by the collecting societies. It is therefore important that collecting societies exercise the utmost diligence in collecting, managing and distributing that revenue. Amounts collected and due to rightholders should be managed separately from any own assets of the collecting society and, if they are invested, pending their distribution to rightholders, this should be carried out in accordance with the investment policy decided by the collecting societies'’ general meeting. In order to maintain a high level of protection for the rights of rightholders and to ensure that any income which may be derived from exploitation of their rights accrues for the benefit of rightholders, the investments made and held by the collecting society should be managed in accordance with criteria which would oblige the collecting society to act prudently, while allowing the collecting society to decide on the most secure and efficient investment policy. As the collective management of rights by collecting societies is not a profit-making activity, these organisations should opt for an asset allocation that is suitable in terms of its precise nature and duration, and avoids any exposure to risk of rights revenue. This should allow the collecting society to opt for an asset allocation that suits the precise nature and duration of any exposure to risk of any rights revenue invested and which does not unduly prejudice any rights revenue owed to rightholders. Moreover, in order to ensure that the amounts due to rightholders are appropriately and effectively distributed, it is necessary to require collecting societies to undertake diligent and good faith reasonable measures to identify and locate the relevant rightholders. It is also appropriate to provide for the approval by members of collecting societies of the rules governing any situation where, due to the lack of identified or located rightholders, amounts collected cannot be distributed.
Amendment 175 #
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
Title III and Articles 36 and 40 of Title IV shall only apply to those collecting societies managing authors' rights in musical works for online use on a multi- territorial and multi-repertoire basis.
Amendment 178 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) This Directive is without prejudice to arrangements in the Member States concerning extended or compulsory collective licensing, legal presumptions of representation or transfer, or a combination of these elements.
Amendment 184 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
However, Title III shall not apply where collecting societies, in accordance with national and Community law, grant licences for this type of work to broadcasters for their online services that are linked to their offline broadcasting services.
Amendment 185 #
Proposal for a directive
Article 2 – paragraph 2 b (new)
Article 2 – paragraph 2 b (new)
The provisions of the Directive shall apply to any entity that performs the same function as a collecting society in terms of collective rights management, as well as to entities owned, controlled or managed, in whole or in part, by a collecting society. Criteria of transparency and reporting rights should also be imposed on them.
Amendment 186 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
This Directive shall not affect Member States' arrangements on extended collective licences or the mandatory collective management of exclusive rights or rights to remuneration.
Amendment 188 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
a) 'collecting society' means any non- profit-making organisation which is authorised by law or by way of assignment, licence or any other contractual arrangement, by more than one rightholder, collectively to manage copyright or rights related to copyright as its sole or main purpose and which is owned or controlled by its membdirectly or indirectly by the rightholders;
Amendment 192 #
Proposal for a directive
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
a a) ‘Independent provider, operator or commercial agent’ means any entity that engages in business activities relating to the collective management of rights on behalf of rightholders.
Amendment 195 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) 'rightholder' means any natural person or legal entity other than a collecting society that holds a copyright or related right or who under an agreement for the exploitation of rights is entitled to a share of the rights revenue from any of the rights managed by the collecting society;
Amendment 196 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
c) 'member of a collecting society' means a rightholder or an entity directly representing rightholders, including other collecting societies and associations of rightholders, fulfilling the membership requirements of the collecting societywhich has been accepted as a member;
Amendment 198 #
Proposal for a directive
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
e) 'director' means any individual managing director, any member of the administrative board, the management or the supervisory boardor person with management responsibilities within the society that actually manages the activities of a collecting society;
Amendment 199 #
Proposal for a directive
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
e a) ‘Administrator’ means any member of the board, the executive board or the supervisory board of a collecting society;
Amendment 200 #
Proposal for a directive
Article 3 – paragraph 1 – point e b (new)
Article 3 – paragraph 1 – point e b (new)
e b) ‘Supervisory board’ means a permanent body of the collecting society composed of persons appointed by the members of the collecting society whose function is to control the actions of that society. It shall report annually to the general meeting of members on the controls it has carried out and any action it has taken;
Amendment 200 #
Proposal for a directive
Recital 35 a (new)
Recital 35 a (new)
(35a) Broadcasting organisations generally rely on a global licence from a local collective management organisation for rights to the world repertoire of musical works, in order to communicate and make available to the public their own radio or television programmes and corresponding online services, such as content complementing or enhancing broadcasters’ programmes or broadening the choice of programmes they offer. This directive should therefore uphold this well-established practice in order to avoid a situation where different rules apply to licences issued for broadcasters’ online and offline services. It is therefore necessary to exempt collection societies from the provisions of Title III where they issue licences for broadcasters’ online services linked to their offline services, which should be issued in accordance with national and European Union law, in particular Articles 101 and 102 of the Treaty on the Functioning of the European Union.
Amendment 204 #
Proposal for a directive
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
k) 'multi-territorial licence' means a licence for an online music service which covers the territory of more than one Member State;
Amendment 209 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
Titles I, II and IV with the exception of Articles 36 and 40 shall apply to all collecting societies established in the Union and also outside the Union but providing services in the Union.
Amendment 213 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
This Directive shall not affect Member States’ provisions on extended collective licensing, the mandatory collective management of exclusive rights or rights to remuneration, the legal presumption of representation by a collecting society or the transfer of rights to a society, with due respect for Community law.
Amendment 218 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
The provisions of the Directive shall apply to any entity that performs the same function as a collecting society in terms of collective rights management, as well as to entities owned, controlled or managed, in whole or in part, by a collecting society. Criteria relating to transparency and the provision of information about rights should also be imposed on them.
Amendment 219 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Rightholders shall have the right to authorise a collecting societyve management organisation of their choice to manage the rights, categories of rights or types of works and other subject matter of their choice, for the Member States of their choice, irrespective of the Member State of residence or of establishment or the nationality of either the collecting societyve management organisation or the rightholder.
Amendment 222 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Rightholders shall have the right to grant licences free of charge for the non- commercial use of their works and rights. In this case they shall inform in due time the relevant collective management organisations that such a license has been granted.
Amendment 225 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Rightholders shall have the right to terminate the authorisation to manage rights, categories of rights or types of works and other subject matter granted to a collecting societyve management organisations or to withdraw from a collecting societyve management organisations any of the rights or categories of rights or types of works and other subject matter of their choice, at any time during the term of the authorisation, for the Member States of their choice, upon serving reasonable notice not exceeding six months. The collecting societyve management organisation may decide that such termination or withdrawal will take effect only at the middle and at the end of the financial year, whichever is sooner after the expiry of the notice period.
Amendment 226 #
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3 a. Collecting societies shall retain the ability to lay down rules in their membership contracts on how to prevent unconscionable withdrawals.
Amendment 227 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Collecting societieve management organisations shall not restrict the exercise of rights provided under paragraphs 3 and 4 by requiring that the management of rights or categories of rights or type of works and other subject matter which are subject to the termination or the withdrawal are entrusted to another collecting societyve management organisation.
Amendment 228 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Collecting societies shall not restrict the exercise of rights provided under paragraphs 3 and 4 by requiring that the management of rights or categories of rights or type of works and other subject matter which are subject to the termination or the withdrawal are entrusted to another collecting society. These provisions shall not apply to collecting societies which administer the rights of authors in the audiovisual field in respect of which Member States may possibly envisage provisions on suitable conditions for withdrawal.
Amendment 229 #
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shall ensure that the rightholder gives express consent specifically for each right or category of rights or type of works and other subject matter which that rightholder authorises the collecting societyve management organisation to manage and that any such consent is evidenced in documentary form.
Amendment 230 #
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shall ensure that the rightholder gives express consent specifically for each right or category of rights or type of works and other subject matter which that rightholder authorises the collecting society to manage and that any such consent is evidenced in documentary form with the exception of models of non- voluntary collective management.
Amendment 233 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
a) 'collecting society' means any organisation owned by its members which is authorised by law or by way of assignment, licence or any other contractual arrangement, by more than onea significant number of rightholders, to manage copyright or rights related to copy, to carry out social, cultural and artistic activities in their favour, and to defend and promote their rights, as its sole or main purpose and which is owned or controlled by its members;
Amendment 234 #
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) ) 'rightholder' means any natural person or legal entity other than a collecting society that holds a copyright or related right or who under an agreement for the exploitation of rights is entitled to a share of the rights revenue from any of the righ, i.e. a writer, performer, their heirs, an editor or a producer, as defined by Community texts managed by the collecting societyd Member State law;
Amendment 242 #
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
The general meeting shall have the power to decide on the appointment or dismissal of the administrators and directors and approve their remuneration and other benefits such as non-monetary benefits, pension awards, right to other awards and rights to severance pay.
Amendment 244 #
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
The general meeting shall not decide on the appointment or dismissal of members of the management board or the individual managing director where the body responsible for exercising the supervisory boardfunction has the power to appoint or dismiss them.
Amendment 245 #
Proposal for a directive
Article 7 – paragraph 5 – point a
Article 7 – paragraph 5 – point a
a) the policy on the distribution of the amounts due to rightholders, except where the general meeting decides to delegate this decision to the management board or to the body exercising the supervisory function;
Amendment 247 #
Proposal for a directive
Article 7 – paragraph 5 – point b
Article 7 – paragraph 5 – point b
b) the use of the amounts due to rightholders which cannot be distributed as set out in Article 12(2) except where the general meeting decides to delegate this decision to the management board or to the body exercising the supervisory function;
Amendment 250 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Amendment 257 #
Proposal for a directive
Article 7 – paragraph 7 – subparagraph 1 – point b
Article 7 – paragraph 7 – subparagraph 1 – point b
b) amounts received or due to a member sin relation to the specified financial periodce joining the collecting society.
Amendment 263 #
Proposal for a directive
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Every member of a collecting societyve management organisation shall have the right to appoint any other natural or legal person as a proxy holder to attend and vote at the general meeting in his nameof members in his name, provided that such appointment does not result in a conflict of interest.
Amendment 264 #
Proposal for a directive
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Every member of a collecting society shall have the right to appoint any other natural or legal person as a proxy holder to attend and vote at the general meeting in his name if national legislation so allows.
Amendment 266 #
Proposal for a directive
Article 7 – paragraph 8 – subparagraph 1 (new)
Article 7 – paragraph 8 – subparagraph 1 (new)
Where a member appoints another member of the collective management organisation as a proxy holder, Member States may allow the collective management organisation to restrict the appointment of proxy holders to members who belong to the same category as the appointing member.
Amendment 267 #
Proposal for a directive
Article 7 – paragraph 8 – subparagraph 1 a (new)
Article 7 – paragraph 8 – subparagraph 1 a (new)
Member States may also allow a collective management organisation to impose reasonable restrictions related to the maximum number of votes a proxy holder may exercise at the general meeting of members.
Amendment 268 #
Proposal for a directive
Article 7 – paragraph 8 – subparagraph 1 b (new)
Article 7 – paragraph 8 – subparagraph 1 b (new)
The proxy holder shall enjoy the same rights in the general meeting of the members as those to which the appointing member would be entitled.
Amendment 269 #
Proposal for a directive
Article 7 – paragraph 8 – subparagraph 1 c (new)
Article 7 – paragraph 8 – subparagraph 1 c (new)
The proxy holder shall cast votes in accordance with the instructions issued by the appointing member.
Amendment 272 #
Proposal for a directive
Article 7 – paragraph 8 a (new)
Article 7 – paragraph 8 a (new)
8a. Member States shall ensure that collecting societies encourage their members to take part in the general meeting by offering them arrangements such as distance voting or voting by proxy if they cannot attend.
Amendment 273 #
Proposal for a directive
Article 7 – paragraph 8 b (new)
Article 7 – paragraph 8 b (new)
8b. If a collecting society allows its members to designate an agent to represent them at the general meeting and vote on their behalf, it may insist that they choose that agent from among the other members in the same category.
Amendment 275 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that, if it does not already have one, the collecting society establishes a supervisory function, in accordance with the criteria laid down in Article 3, responsible for continuously monitoring the activities and the performance of the duties of the persons entrusted with managerial responsibilities in the collecting society. There shall be fair and balanced representation of the members of the collecting society in the body exercising this function in order to ensure their effective participation.
Amendment 277 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 281 #
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The collecting society shall manage and keep separate in accounting terms the rights revenue and any income derived from its investment from its own assets, the income derived from its management services or the income derived from any other activities.
Amendment 287 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Member States shall ensure that deductions made for management fees shall not exceed justified and documented costs incurred for the purpose of managing copyright and related rights.
Amendment 289 #
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 provides social, cultural or educational services funded through deductions from rights revenue, rightholdmembers are entitled to the following:
Amendment 296 #
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 thosewithdrawal services. 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 303 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where the amounts due to rightholders cannot be distributed, after fivthree years from the end of the financial year in which the collection of the rights revenue occurred, and provided that the collecting society has taken all necessary measures to identify and locate the rightholders, the collecting societygeneral meeting of members shall decide on the use of the amounts concerned in accordance with Article 7(5)(b), without prejudice to the right of the rightholder to claim such amounts from the collecting society.
Amendment 305 #
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Sums which have not been claimed by rightholders upon the expiry of a period which may not exceed three years and which have not therefore been distributed must be reinvested in economic or social measures in the cultural and creative sector. It shall be for the general meeting, acting in accordance with Article 7(5)(b), to determine how these sums shall be spent. Furthermore, the general meeting may also decide to earmark some of the sums collected by the collecting society each year for measures to support the creation and dissemination of works, training, the safeguarding and promotion of the interests of rightholders and, more generally, measures to foster cultural and artistic diversity.
Amendment 313 #
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 and of the service provided by the collecting societyand rights to fair remuneration must take account of the need for rightholders to receive reasonable remuneration, the overall value of the repertoire of the collecting society and of the economic benefit which users obtain from the collective management of their rights.
Amendment 316 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 3
Article 15 – paragraph 2 – subparagraph 3
In the absence of any national law which establishes the amounts due to rightholders in respect of a right to remuneration and a right to compensation, the collecting society shall base its own determination of those amounts due, on the economic value of those rights in trade.
Amendment 317 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 3 a (new)
Article 15 – paragraph 2 – subparagraph 3 a (new)
An author or performer may decide to opt for collective management of a category of rights even though he or she had previously agreed to assign those rights.
Amendment 318 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 3 b (new)
Article 15 – paragraph 2 – subparagraph 3 b (new)
In order to deter any attempt to defer payment to collecting societies on the grounds that the tariffs are being challenged and to discourage delaying tactics of any kind, a mechanism shall be introduced whereby the sums in question are frozen.
Amendment 319 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 3 c (new)
Article 15 – paragraph 2 – subparagraph 3 c (new)
Member States shall ensure that users forward to collecting societies declarations concerning the use of the works and other subject matter, in an agreed format and by a set deadline, in such a way as to enable collecting societies to determine what fees are applicable and distribute the amounts due to rightholders in an appropriate manner consistent with the provisions of this Directive.
Amendment 320 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 3 d (new)
Article 15 – paragraph 2 – subparagraph 3 d (new)
If a general tariff applies, or if such a tariff has been set by a court, Member States shall ensure that users pay the fees due to collecting societies by a set deadline.
Amendment 323 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Amendment 330 #
Proposal for a directive
Article 7 – paragraph 8 a (new)
Article 7 – paragraph 8 a (new)
8a. If a collecting society allows its members to designate a proxy holder to represent them at the general meeting and vote on their behalf, it may insist that they choose that proxy holder from among the other members in the same category.
Amendment 353 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The annual transparency report shall contain at least the information set out in Annex I. The Commission shall carry out a feasibility study before the annex enters into force.
Amendment 354 #
Proposal for a directive
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 375 #
Proposal for a directive
Article 33
Article 33
Amendment 380 #
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Member States shall ensure that disputes between collecting societies and users concerning existing andor proposed licensing conditions, tariffs, and or any refusal to grant a licence for example can be submitted to a court, and if appropriate, to an independent and impartial dispute resolution body. However, if the law of the Member State concerned so permits, priority shall be given to mediation.
Amendment 380 #
Proposal for a directive
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. In the interests of facilitating the management of authorisations to exploit and distribute protected content and of improving the distribution of remunerations due to rightholders, consideration should be given to extending Directive 2011/77/EU of the European Parliament and of the Council of 27 September 2011 amending Directive 206/116/EC, and to extending the term of protection of rights related to audiovisual recordings to 70 years.
Amendment 383 #
Proposal for a directive
Article 35 – paragraph 2 a (new)
Article 35 – paragraph 2 a (new)
2a. Member States shall ensure that if users challenge the tariffs charged by a collecting society before a court or an independent and impartial dispute resolution body the sums in question are frozen until such time as the dispute has been settled.
Amendment 388 #
Proposal for a directive
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Member States shall providensure that their respective competent authorities may take appropriate administrative sanctions andhave the power to impose appropriate sanctions and to take appropriate measures where the provisions of the national provisionslaw adopted in the implementation of this Directive have not been complied with, and shall ensure that they are applied. These sanctions and measures shall be effective, proportionate and dissuasive.
Amendment 389 #
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Sums which have not been claimed by rightholders upon the expiry of a period which may not exceed three years and which have not therefore been distributed must be reinvested in economic or social measures in the cultural and creative sector. It shall be for the general meeting, acting in accordance with Article 7(5)(b), to determine how these sums shall be spent. Furthermore, the general meeting may also decide to earmark some of the sums collected by the collecting society each year for measures to support the creation and dissemination of works, training, the safeguarding and promotion of the interests of rightholders and, more generally, measures to foster cultural and artistic diversity.
Amendment 416 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 3 a (new)
Article 15 – paragraph 2 – subparagraph 3 a (new)
If a general tariff applies, or if such a tariff has been set by a court, Member States shall ensure that users pay the fees due to collecting societies by a set deadline.
Amendment 516 #
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Member States shall ensure that disputes between collecting societies and users concerning existing and proposed licensing conditions, tariffs, and any refusal to grant a licence can be submitted to a court, and if appropriate, to an independent and impartial dispute resolution body. However, if the law of the Member State concerned so permits, priority shall be given to mediation.
Amendment 527 #
Proposal for a directive
Article 35 – paragraph 2 a (new)
Article 35 – paragraph 2 a (new)
2a. Member States shall ensure that if users challenge the tariffs charged by a collecting society before a court or an independent and impartial dispute resolution body, the sums in question are frozen until such time as the dispute has been settled.
Amendment 537 #
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 services and on cultural diversity, and, if necessary, on the need to review it. The report shall also be used to assess the financial impact of implementing the provisions of this Directive and the possibility of introducing related funding for collecting societies, if necessary. The Commission shall submit its report accompanied, if appropriate, by a legislative proposal.