6 Amendments of Andreas SCHWAB related to 2016/0284(COD)
Amendment 34 #
Proposal for a regulation
Recital 4
Recital 4
(4) Operators of retransmission services, that normally offer multiple programmes which use a multitude of works and other protected subject matter included in the retransmitted television and radio programmes, have a very short time- frame for obtaining the necessary licences and hence also face a significant rights clearing burden. There is also a risk for right holders of having their works and other protected subject matter exploited without authorisation or payment of appropriate remuneration.
Amendment 46 #
Proposal for a regulation
Recital 10
Recital 10
(10) Since the provision of, the access to or the use of an ancillary online service is deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment, while de facto the ancillary online service can be provided across borders to other Member States, it is necessary to ensure that in arriving at the amount of the payment to be made for the rights in question, the parties shoulthe parties fix appropriate remuneration. To be deemed appropriate, such remuneration should be reasonable in relation to the economic value of the service provided and take into account all aspects of the ancillary online service such as the features of the service, the actual and potential audience, including the audience in the Member State in which the broadcasting organisation has its principal establishment and in other Member States in which the ancillary online service is accessed and used, and theall language versions and subtitled versions.
Amendment 51 #
Proposal for a regulation
Recital 11
Recital 11
(11) Through the principle of contractual freedom it will be possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, especially as far as certain technical means of transmission, such as geo-blocking and geo-filtering, or certain language versions are concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union law.
Amendment 91 #
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
(1a) Without prejudice to Paragraph 1, contractual freedom and the principle of territoriality, which make it possible to limit the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, are to be respected.
Amendment 93 #
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
(2) When fixing the appropriate amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1, the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service, the audience, and the language version. To be deemed appropriate, such an amount must be reasonable in relation to the economic value of the service provided and, in particular, take into account the features of the ancillary online service, the actual and potential audience, including the audience in the Member State in which the broadcasting organisation has its principal establishment and in other Member States in which the ancillary online service is accessed and used, and all language versions and subtitled versions.
Amendment 96 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
(1a) Where a right holder has granted authorisation for a retransmission, he shall receive appropriate remuneration. The right to remuneration cannot be waived. The right can be assigned in advance only to a remuneration society and can only be asserted by such a society. This arrangement shall not affect collective agreements, company agreements and common rules on remuneration whereby the right holder receives appropriate remuneration for every further retransmission.