9 Amendments of Mary HONEYBALL related to 2016/0284(COD)
Amendment 41 #
Proposal for a regulation
Recital 4
Recital 4
(4) Operators of retransmission services, that of television or radio programmes including works or other protected subject matter carry out an act of communication to the public irrespective of whether the retransmission of the television or radio programme is made by the same technical means or different technical means than those used for the initial act of broadcasting, and irrespective of whether or not such retransmission takes place within the actual or intended area of reception of the initial broadcast As retransmission services, normally offer multiple programmes which use a multitude of works and other protected subject matter included in the retransmitted television and radio programmes, operators of retransmission services 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 remuneration.
Amendment 71 #
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) The exemption provided for in Article 4 for the rights exercised by broadcasting organisations should in no way impact or limit the rightsholder's ability to transfer their rights to a collective management organisation which will enable them to obtain the equitable remuneration for the retransmission of their work.
Amendment 130 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) “ancillary online servicecontent” means an online service consradio or television programme, that is produced by or for the broadcasting organisating in the provisionon and not licensed to any third parties or which is licensed exclusively to the broadcasting organisation throughout the Union, provided 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 broadcastits broadcast by the broadcasting organisation;
Amendment 137 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
(1 a) Notwithstanding the transferral of a right to retransmission to a producer, an author shall retain an unwaivable right to obtain an equitable remuneration for the retransmission of their work. This may only be exercised through a collective management organisation that guarantees such remuneration to audiovisual authors.
Amendment 147 #
Proposal for a regulation
Recital 14a (new)
Recital 14a (new)
(14 a) Broadcasting organisations that transmit their programme carrying signals through a direct injection process to distributors of TV packages for reception by the public and such distributors are jointly liable for the single and indivisible acts of communication to the public and making available to the public, as defined in Article 3 of Directive 2001/29/EC, which they carry out together. In such a situation, both the broadcasting organisations and the distributors involved in the process should obtain an authorisation from the relevant rights holders as concerns their respective participation and exploitation in such acts.
Amendment 174 #
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
(2a) The principle of contractual freedom safeguards the ability to limit the exploitation of the rights affected by the principle of country of origin laid down in paragraph 1, including by agreeing absolute territorial exclusivity. In the event that decisions in relation to Union law prevent contractual clauses which grant and/or enforce absolute territorial exclusivity, the provision in paragraph 1 shall cease to exist.
Amendment 262 #
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
(2 a) The principle of contractual freedom safeguards the ability to limit the exploitation of the rights affected by the principle of country of origin laid down in paragraph 1, including by agreeing absolute territorial exclusivity.In the event that decisions in relation to Union law prevent contractual clauses which grant and/or enforce absolute territorial exclusivity, the provision in paragraph 1 shall cease to exist.
Amendment 304 #
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a Exploitation of broadcasting programmes through retransmission The retransmission of works or other protected subject-matter included in a television or radio programme initially communicated to the public by a broadcasting organisation is an act of communication to the public of such a programme, irrespective of whether the retransmission service operator uses the same technical means or different technical means than those used for the initial act of broadcasting and irrespective of whether or not such retransmission takes place within the actual or intended area of reception of the initial broadcast.
Amendment 315 #
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4 a Exploitation of broadcasting programmes through a direct injection process Broadcasting organisations that transmit their programme carrying signals through a direct injection process to distributors of TV packages for reception by the public and such distributors that offer the programmes to the public are jointly liable for the single and indivisible acts of communication to the public and making available to the public, as defined in Article 3 of Directive 2001/29/EC, which they carry out together.In such a situation, both the broadcasting organisations and the distributors involved in the process should obtain an authorisation from the relevant rights holders as concerns their respective participation and exploitation in such acts.