Activities of Eija-Riitta KORHOLA related to 2012/0180(COD)
Plenary speeches (1)
Copyright and related rights and multi-territorial licensing of rights in musical works for online uses (debate)
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
Amendments (26)
Amendment 35 #
Proposal for a directive
Recital 7
Recital 7
Amendment 36 #
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 collective management organisations, such as extended collective licenses, mandatory collective management and legal presumptions of representation or transfer of rights.
Amendment 37 #
Proposal for a directive
Recital 7 b (new)
Recital 7 b (new)
(7b) This Directive is without prejudice to the legal form traditionally chosen by the Member States for the operation of the collective management organizations. The Member States should not be required to change the legal form of these organizations. The provisions of the Directive are without prejudice to right holders' freedom of association and their right to organize themselves.
Amendment 38 #
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 collecting societies 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 39 #
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 56 #
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. These dispute resolution bodies should have special knowledge of intellectual property matters and they should base their decisions on objective standards and criteria, such as the "fair value in trade" established by the CJEU. In order to secure payment, users should be required to make payments to the collective management organisations, while the process is pending, according to the existing tariff where such tariff exists or based on an interim order by the court where no pre-existing applicable tariff is set.
Amendment 65 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘A 'collecting society’ means anyve management organisation' is 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 70 #
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. Collective management organisations shall have the right to require the exclusive assignment of the rights in all works of their members.
Amendment 110 #
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 societyve management organisation has taken all necessary measures to identify and locate the rightholders, the collecting societyve management organisation shall decide on the use of the amounts concerned in accordance with Article 7(5)(b), provided that the collective management organisation ensures that the revenue is distributed in proportion to the revenues received by rightholders for the relevant financial year. Collective management organisations may distribute amounts due to rightholders who cannot be identified before the expiration of the five-year period if allowed under national law. Where, under national law, the prescription period is longer than five years, collective management organisations shall make adequate provisions for future claims without prejudice to the right of the rightholder to claim such amounts from the collecting societyve management organisation.
Amendment 118 #
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 120 #
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 societycompensation, the collective management organisation shall base its own determination of those amounts due, on the economic value of those rights in trade.
Amendment 121 #
Proposal for a directive
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3a. Users should report to collective management organisations on their use of works and other subject matter in an agreed format, and in a timely and accurate manner, in order to allow collective management organisations 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 collective management organisations in a manner that enables the collective management organisations to make timely and accurate distributions to individual rightholders, Member States shall ensure that collective management organisations shall be discharged of their obligations under this Directive related to distribution of revenues to individual rightholders, and the collective management organisations may charge such users additional fees to cover the additional administrative costs caused by missing or insufficient usage reports
Amendment 123 #
Proposal for a directive
Article 15 – paragraph 3 b (new)
Article 15 – paragraph 3 b (new)
3b. Users should pay licence fees and remunerations to the collective management organisations 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 collective management organisations may charge such users additional fees to cover the administrative costs caused by the failure to voluntarily pay the licence fees or remunerations.
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 157 #
Proposal for a directive
Article 29 – paragraph 2 – subparagraph 2 a (new)
Article 29 – paragraph 2 – subparagraph 2 a (new)
The requested collective management organisation shall license the requesting collective management organisation's repertoire, in its relations with users, on the same conditions as its own repertoire and shall not exclude the requesting organisation's repertoire from the licensed repertoire without the requesting organisation's consent
Amendment 160 #
Proposal for a directive
Article 35 – title
Article 35 – title
Dispute resolution forwith users
Amendment 162 #
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 or to comply with its terms can be submitted to a court, and if appropriate, to an independent and impartial dispute resolution body. Member States shall ensure that these dispute resolution bodies are specialised in intellectual property matters and that their decisions are made on the basis of the criteria set out in Article 15(2).
Amendment 164 #
Proposal for a directive
Article 35 – paragraph 2 a (new)
Article 35 – paragraph 2 a (new)
2a. Member States shall ensure that where users have recourse to dispute resolution under this Article, they have an obligation to pay to the collective management organisation, while the process is pending: (a) The pre-existing tariff applicable to the use in question, if such tariff exists. (b) An interim non-prejudicial monthly payment determined by the dispute resolution body if there is no pre-existing tariff for the use in question.
Amendment 165 #
Proposal for a directive
Article 35 – paragraph 2 b (new)
Article 35 – paragraph 2 b (new)
2b. Member States shall ensure that the collective management organisations or users, as the case may be, shall pay the balance between the payments made and the new tariff set by the competent body no later than 30 days after the decision has been made by that body.
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;