BETA

Activities of Sajjad KARIM related to 2016/0284(COD)

Shadow reports (1)

2016/11/22
Committee: JURI
Dossiers: 2016/0284(COD)
Documents: PDF(994 KB) DOC(171 KB)

Amendments (23)

Proposal for a regulation
Recital 2

(2) The development of digital technologies and internet has transformed the distribution of and access to television and radio programmes. Users increasingly expect to have access to television and radio programmes both live and on- demand, using traditional channels such as satellite or cable and also through online services. Broadcasting organisations are therefore increasingly offering, in addition to their own broadcasts of television and radio programmes, online services ancillary to their broadcast, such as simulcasting and catch-up services. Retransmission services operators, which aggregate broadcasts of television and radio programmes into packages and provide them to users simultaneously to the initial transmission of the broadcast, unaltered and unabridged, use various techniques of retransmission such as cable, satellite, digital terrestrial, closed circuit IP-based ~~or mobile~~ networks as well as the open internet. On the part of users, there is a growing demand for access to broadcasts of television and radio programmes not only originating in their Member State but also in other Member States of the Union, including from members of linguistic minorities of the Union as well as from persons who live in another Member State than their Member State of origin.

2017/06/23
Committee: JURI

Proposal for a regulation
Recital 3

(3) A number of barriers hinder the provision of online services which are ancillary to broadcasts and the provision of retransmission services and thereby the free circulation of television and radio programmes within the Union. Broadcasting organisations transmit daily many hours of news, cultural, political, documentary or entertainment programmes. These programmes incorporate a variety of content such as audiovisual, musical, literary or graphic works, which is protected by copyright and/or related rights under Union law. That results in a complex process to clear rights from a multitude of right holders and for different categories of works and other protected subject matter. Often the rights need to be cleared in a short time-frame, in particular when preparing programmes such as news or current affairs. In order to make their online services available across borders, broadcasting organisations need to have the reacquired rights to works and other protected subject matter for all the relevant territories ~~which further increases the complexity of the rights' clearance~~.

2017/06/23
Committee: JURI

Proposal for a regulation
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 hav~~the possibility, due to freedom of contract, to obtaing the~~ir works and other protected subject matter exploited without authorisation or payment of remuneration~~ necessary licences.

2017/06/23
Committee: JURI

Proposal for a regulation
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~~may 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 remuneration.

2017/06/23
Committee: JURI

Proposal for a regulation
Recital 9

(9) In order to facilitate the clearance of rights for the provision of ancillary online services across borders it is necessary to provide for the establishment of the country of origin principle as regards the exercise of copyright and related rights relevant for acts occurring in the course of the provision of, the access to or the use of an ancillary online service. That principle of country of origin should apply exclusively to the relationship between right holders (or entities representing right holders such as collective management organisations) and broadcasting organisations and solely for the purpose of the provision of, the access to or the use of an ancillary online service. The principle of country of origin should not apply to any subsequent communication to the public or reproduction of content which is protected by copyright or related rights and which is contained in the ancillary online service.deleted

2017/06/23
Committee: JURI

Proposal for a regulation
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 should use objective criteria and take into account all aspects of the ancillary online service such as the features of the service, the actual 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 the language version.

2017/06/23
Committee: JURI

Proposal for a regulation
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 or certain language versions are concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union law.

2017/06/23
Committee: JURI

Proposal for a regulation
Recital 12

(12) Operators of retransmission services offered on satellite, digital terrestrial, or closed circuit IP-based~~, mobile and similar~~ networks, provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously, in an unaltered and unabridged manner, for reception by the public, an initial transmission from another Member State of television or radio programmes, where this initial transmission is by wire or over the air, including by satellite but excluding online transmissions, and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. Retransmission services which are offered on the open internet should be excluded from the scope of this Regulation as those services have different characteristics. They are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit IP-based networks.

2017/06/23
Committee: JURI

Proposal for a regulation
Recital 13

(13) In order to provide legal certainty to operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based~~, mobile or similar~~ networks, and to overcome disparities in national law regarding such retransmission services, rules similar to those that apply to cable retransmission as defined in Directive 93/83/EEC should apply. The rules established in that Directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation. This is without prejudice to Directive 2014/26/EU18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation. _________________ 18 Directive 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. 72–98.

2017/06/23
Committee: JURI

Proposal for a regulation
Recital 14a (new)

(14 a) In order to address any legal uncertainty in relation to liability with regard to direct injections, Member States may opt to provide further evidence-based clarifications, if appropriate.

2017/06/23
Committee: JURI

Proposal for a regulation
Recital 15

(15) In order to prevent circumvention of the application of the country of origin principle through the extension of the duration of existing agreements concerning the exercise of copyright and related rights relevant for the provision of an ancillary online service as well as the access to or the use of an ancillary online service, it is necessary to apply the principle of country of origin also to existing agreements but with a transitional period.deleted

2017/06/23
Committee: JURI

Proposal for a regulation
Recital 16

(16) This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union. W~~hilst there may be an interference with the exercise of the rights of right holders insofar as mandatory~~ithout prejudice to freedom of contract, collective management ~~is required~~may take place for the exercise of the right of communication to the public with regard to retransmission services, it is necessary to prescribe such a condition in a targeted manner for specific services and in order to allow more widespread cross-border dissemination of television and radio programmes by facilitating the clearance of these rights.

2017/06/23
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) "ancillary online service" means an online service consisting in the provision to the public, by or under the control and responsibility of a broadcasting organisation, of radio or television programmes simultaneously with or for a defined period of time after their broadcast by the broadcasting organisation as well as of any material produced by or for the broadcasting organisation which is ancillary to such broadcast;deleted

2017/06/23
Committee: JURI

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) "retransmission" means any simultaneous, unaltered and unabridged retransmission, other than cable retransmission as defined in Directive 93/83/EEC and other than retransmission provided over a mobile network or an internet access service as defined in Regulation (EU) 2015/2120 of the European Parliament and of the Council19 , intended for reception by the public of an initial transmission from another Member State, by wire or over the air, including that by satellite but excluding online transmission, of television or radio programmes intended for the reception by the public, provided that such retransmission is made by a party other than the broadcasting organisation which made the initial transmission or under whose control and responsibility such transmission was made. _________________ 19 Regulation (EU) 2015/2120 of the European Parliament and of the Council of 25 November 2015 laying down measures concerning open internet access and amending Directive 2002/22/EC on universal service and users’ rights relating to electronic communications networks and services and Regulation (EU) No 531/2012 on roaming on public mobile communications networks within the Union, OJ L 310, 26.11.2015, p. 1.

2017/06/23
Committee: JURI

Proposal for a regulation
Article 2 – paragraph 1

(1) The acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment.deleted

2017/06/23
Committee: JURI

Proposal for a regulation
Article 2 – paragraph 2

(2) When fixing the 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.deleted

2017/06/23
Committee: JURI

Proposal for a regulation
Article 3 – paragraph 1

(1) Holders of copyright and related rights other than broadcasting organisations may choose to exercise their rights to grant or refuse the authorisation for a retransmission ~~only~~ through either a collective management organisation or by other appropriate means in accordance with freedom of contract.

2017/06/23
Committee: JURI

Proposal for a regulation
Article 3 – paragraph 2

(2) Where a right holder has not transferred the management of the right referred to in paragraph 1 to a collective management organisation, the collective management organisation which manages rights of the same category for the territory of the Member State for which the operator of the retransmission service seeks to clear rights for a retransmission shall be deemed to be mandated to manage the right on behalf of that right holder.deleted

2017/06/23
Committee: JURI

Proposal for a regulation
Article 3 – paragraph 3

(3) Where more than one collective management organisation manages rights of that category for the territory of that Member State, the right holder shall be free to choose, wh~~ich of those collective management organisations is deemed to b~~ere applicable mand~~ated to manage his or her right. If in such a situation the right holder does not choose the collec~~ without prejudice to alternative marranagement ~~organisation, it shall be for the Member State for whose territory the operator of the retransmission service seeks to clear rights for a retransmission to indicate~~s under freedom of contract, which of those collective management organisations is ~~deemed to be mandated to manage the right of that right holder~~to manage his or her right.

2017/06/23
Committee: JURI

Proposal for a regulation
Article 3 – paragraph 4

(4) A right holder shall have the same rights and obligations resulting from the agreement between the operator of the retransmission service and the collective management organisation which is deemed to be mandated to manage his or her right as the right holders who have mandated that collective management organisation and shall be able to claim those rights within a period, to be fixed by the Member State concerned, which shall not be shorter than three years from the date of the retransmission which includes his or her work or other protected subject matter.deleted

2017/06/23
Committee: JURI

Proposal for a regulation
Article 3 – paragraph 5

(5) A Member State may provide that, where a right holder authorises the initial transmission within its territory of a work or other protected subject matter, the right holder shall be deemed to have agreed not to exercise his or her rights in retransmission on an individual basis but to exercise them in accordance with this Regulation.deleted

2017/06/23
Committee: JURI

Proposal for a regulation
Article 5 – paragraph 1

Agreements on the exercise of copyright and related rights relevant for the acts of communication to the public and the making available occurring in the course of provision of an ancillary online service as well as for the acts of reproduction which are necessary for the provision of, the access to or the use of an ancillary online service which are in force on [the date mentioned in Article 7(2), to be inserted by OPOCE ] shall be subject to Article 2 as from [the date mentioned in Article 7(2) + 2 years, to be inserted by OPOCE] if they expire after that date.deleted

2017/06/23
Committee: JURI

Proposal for a regulation
Article 7 – paragraph 2

(2) It shall apply from [618 months following the day of its publication, to be inserted by OPOCE].

2017/06/23
Committee: JURI