10 Amendments of Sebastian Valentin BODU related to 2012/0180(COD)
Amendment 141 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) In this Directive, collecting societies cover non-profit organisations authorised by more than one rightholder to manage copyright or related rights as their main activity and which are owned or directly or indirectly controlled by rightholders. Individual companies who in the normal course of their business are engaged in the production of content or licensing of rights on a commercial basis (such as music publishers, book publishers or music companies) are not covered by this Directive.
Amendment 201 #
Proposal for a directive
Recital 36
Recital 36
(36) It is necessary to ensure the effective enforcement of the provisions of the national law adopted pursuant to this Directive. Collecting societies should offer their members specific procedures for the handling of complaints and the resolution of disputes. These procedures should also be made available to other rightholders represented by the collecting society. It is also appropriate to ensure that Member States have independent, impartial and effective dispute resolution bodies capable of settling commercial disputes between collecting societies and users on existing or proposed licensing conditions as well as on situations in which the granting of a licence is refused. Furthermore, the effectiveness of the rules on the multi-territorial licensing of online rights in musical works could be undermined if disputes between collecting societies and their counterparts were not solved quickly and efficiently by independent and impartial bodies. As a result, it is appropriate to provide, without prejudice to the right of access to a tribunal, for an easily accessible, efficient and impartial out-of-court procedure for resolving conflicts between collecting societies, on the one hand, and online music service providers, rightholders or other collecting societies, on the other. Member States may set up new dispute resolution bodies or courts in order to bring dispute resolution procedures into line with this Directive. Member States may establish that, whenever possible, these dispute resolution bodies be specialised in IP matters.
Amendment 230 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘collecting society’ means any non- profit organisation which is authorised by law or by way of assignment, licence or any other contractual arrangement, by more than one rightholder, to manage copyright or rights related to copyright as its sole or main purpose and which is owned or directly or indirectly controlled by its membrightholders;
Amendment 256 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Rightholders shall have the right tomay authorise a collecting society 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 society or the rightholder. A collecting society may refuse to accept a mandate from a rightholder if the collecting society does not in the normal course of its activity manage the rights covered by the mandate. Rightholders may mandate a collecting society to manage their rights on an exclusive or a non-exclusive basis.
Amendment 386 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where the amounts due to rightholders cannot be distributed, after five 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 society 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 societyprovided that the collecting society ensures that the revenue is distributed in proportion to the revenues received by rightholders for the relevant financial year. Collecting societies may distribute amounts due to rightholders who cannot be identified before expiration of the five years period if allowed under national law. Where, under national law, the prescription period is longer than five years, collecting societies shall make adequate provisions for future claims.
Amendment 407 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
Tariffs for exclusive rights and rights to equitable remuneration shall reflect the economic value of the rights in trade and of the servicthe economic benefit that users derive pfrovided bym the collecting societyve management of rights.
Amendment 414 #
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 419 #
Proposal for a directive
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3a. Users should report to collecting societies on the usage of works and other subject matter in an agreed format, on time and accurately in order to allow collecting societies to determine applicable fees and to distribute the amounts due to rightholders accurately and in accordance with the obligations imposed by this directive. Where users fail to report to collecting societies in a manner that enables the collecting societies to make timely and accurate distributions to individual rightholders, Member States shall ensure that collecting societies shall be discharged of their obligations under this Directive related to distribution of rights revenue to individual rightholders and the collecting societies may charge such users additional fees to cover the additional administrative costs caused by missing or insufficient usage reports.
Amendment 420 #
Proposal for a directive
Article 15 – paragraph 3 b (new)
Article 15 – paragraph 3 b (new)
3b. Users should pay licence fees or remuneration to the collecting societies in a timely manner whenever there is a generally applicable or court-determined tariff in force. Where users fail to pay such licence fees or remuneration in a timely manner, Member States shall ensure that collecting societies are entitled to legal penalties to cover the administrative costs caused by the failure to voluntarily pay the licence fees or remuneration.
Amendment 526 #
Proposal for a directive
Article 35 – paragraph 2 a (new)
Article 35 – paragraph 2 a (new)
2a. Member States may include in their specific dispute legislation that the users should deposit the disputed tariff into an escrow account until the final and irrevocable decision is being taken by the dispute resolution body related to the disputed tariff.