13 Amendments of Sirpa PIETIKÄINEN related to 2012/0180(COD)
Amendment 59 #
Proposal for a directive
Recital 3
Recital 3
Amendment 65 #
Proposal for a directive
Recital 8
Recital 8
Amendment 111 #
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 society or the rightholder. ve management organisation or the rightholder. Collective management organisation shall have the right to require the exclusive assignment of the rights in all works of their members.
Amendment 142 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) This Directive is without prejudice to the arrangements concerning the management of rights by the collective management organisations, such as extended collective licensing, mandatory collective management and legal presumptions of representation or transfer of rights.
Amendment 143 #
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7b) This Directive is without prejudice to the legal form chosen traditionally by Member States for the operation of collective management organisations. The Member States should not be required to change the legal form of these organisations. The provisions of the Directive are without prejudice to rightholders' freedom of association and their right to organise themselves.
Amendment 145 #
Proposal for a directive
Recital 7 c (new)
Recital 7 c (new)
(7c) Titles I, II and IV of this Directive shall apply to all collective management organisations established in the Union. Member States may extend the application of this Directive to Title I, chapters 2 to 5 of Title II and Title IV with the exception of Articles 36 and 40 to non-EU collecting societies licensing the use of rights in their territory.
Amendment 146 #
Proposal for a directive
Recital 7 d (new)
Recital 7 d (new)
(7d) In this Directive, collective management organisations 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 219 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. In order to allow the aggregation of a multiplicity of repertoires and to be able to grant multi-repertoire and multi- territorial licences, collective management societies shall have the possibility to conclude representation agreements with other collective management societies for the coordination and efficiency of such licenses under equal and non- discriminatory terms. Any representation agreement between collectingve management societies whereby a collectingve management society mandates another collectingve management society to grant multi-territorial licences for the online rights in musical works in its own music repertoire shall be of a non- exclusive nature. The mandated collecting society shall manage those online rights on non-discriminatory terms. ould preserve the ability for the mandating society to mandate another society.
Amendment 229 #
Proposal for a directive
Article 28 – paragraph 3 a (new)
Article 28 – paragraph 3 a (new)
3a. Member States shall promote, in the same conditions, where applicable, cooperation between collective management societies in the fields of management, administration and licensing of rights and create the legal framework conditions for their commencement and activity on a cross- border basis.
Amendment 257 #
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 society or the rightholdve management organisation or the rightholder. The collective management organisation shall have the right to require the exclusive assignment of the rights in all works of their members.
Amendment 406 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
Tariffs for exclusive rights shall reflect the economic, inter alia, the value of the rights in trade andand the extent, nature and value of the uservice provided by the collecting society of the rights.
Amendment 413 #
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 economicobjective criteria, which reflect, inter alia, the value of those rights in tradeand the extent, nature and value of the use of the rights.
Amendment 439 #
Proposal for a directive
Article 16 – paragraph 1 – point e
Article 16 – paragraph 1 – point e
(e) the deductions made for management feeamount of the management fees in the period concerned, the deductions made for management fees in the period concerned and the investment income used for management fees and/or distributed to the members in the period concerned;