54 Amendments of Sabine VERHEYEN related to 2012/0180(COD)
Amendment 57 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) The services of collective management organisations to rightholders and users are vital for the development and maintenance of the cultural scene in Europe and to the growth of culturally diverse creative industries. Collective rights management organisations support creators by developing important social and cultural activities, by ensuring market access for demanding or less popular repertoires and new artists.
Amendment 60 #
Proposal for a directive
Recital 3
Recital 3
Amendment 62 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) This directive lays down the minimum provisions necessary to achieve free movement of services in the Single Market. It does not interfere with measures taken by the Member States in accordance with EU law to protect or promote cultural and linguistic diversity or socio-political objectives in the interest of artists. The concept of ‘overriding reasons relating to the public interest’ to which reference is made in certain provisions of this directive has been developed by the Court of Justice in its case law in relation to Articles 43 and 49 of the TFEU and may continue to evolve. Such reasons include at least the following which are relevant to this directive: socio-political objectives, protection of recipients of services, protection of intellectual property, cultural policy objectives, promotion of the national language, preservation of the national historical and cultural heritage.
Amendment 72 #
Proposal for a directive
Recital 12
Recital 12
(12) Members of collecting societies should be allowed to participate and vote in the general meeting; the exercise of these rights may only be subject to fair and proportionate restrictions. The exercise of voting rights should be made easy, and should where possible take place by electronic means.
Amendment 75 #
Proposal for a directive
Recital 13
Recital 13
(13) Members should be allowed to take part in monitoring the management of collecting societies. To this end, collecting societieve management organisations. To this end, collective management organisations should establish a supervisory function appropriate to their organisational structure and allow the different categories of members to be represented in equal manner in the body that exercises this function. To avoid imposing excessive burden on smaller collecting societies and to make the obligations arising from this Directive proportionate, Member States should be able to, if they consider this to be necessary, exclude the smallest collecting societies from having to organise such a supervisory function.
Amendment 80 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1a) The services of collective management organisations to rightholders and users are vital for the development and maintenance of the cultural scene in Europe and to the growth of culturally diverse creative industries. Collective rights management organisations support creators by developing important social and cultural activities, by ensuring market access for demanding or less popular repertoires and new artists.
Amendment 81 #
Proposal for a directive
Recital 2
Recital 2
(2) The dissemination of content which is protected by copyright and related rights and the linked services, including books, audiovisual productions and recorded music require the licensing of rights by different holders of copyright and related rights, such as authors, performers, producers and publishers. It is normally for the rightholders to choose between the individual or collective management of their rights. Management of copyright and related rights includes the granting of licences to users, the auditing of licensees and monitoring of the use of rights, the enforcement of copyright and related rights, the collection of rights revenue derived from the exploitation of rights and the distribution of the amounts due to rightholders. Collecting societieve management organisations enable rightholders to be remunerated for uses which they would not be in a position to control or enforce themselves, including in non-domestic markets. Moreover, they have an important social and cultural role as promoters of the diversity of cultural expressions by enabling the smallest and less popular repertoires to access the market. Article 167 of the Treaty on the Functioning of the European Union requires the Union to take cultural aspects into account in its action, in particular in order to respect and to promote the diversity of its cultures. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 85 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) The provision of multi-territorial multi-reportoire licences for online music rights and the safeguarding of a fair and adequate renumeration for rightsholders by collective management organisations lies in the general economic and cultural interest of the European Union and its citizens. Cross-border cooperation of collective management organisations or the consolidation of their licencing activities to pool their respective complementary repertoires is indispensable for the establishment and the functioning of an efficient system of multi-territorial multi-repertoire licences for online rights in musical works.
Amendment 88 #
Proposal for a directive
Recital 35
Recital 35
(35) Broadcasting organisations generally rely on a licence from a local collecting society, for their own broadcasts of television and radio programmes which include musical works. This licence is often limited to broadcasting activities. A licence for online rights in musical works would be required in order to allow such television or radio broadcasts to be also available online. To facilitate the licensing of online music rights forin the purposinterest of simultaneous and delayed transmission online of television and radio broadcastsonline accessibility, it is necessary to provide for a derogation from the rules that would otherwise apply to the multi-territorial licensing of musical works for online uses. Such derogation should be limited to what is necessary to allow access to television or radio programmes online and to material having a clear and subordinate relationship to the original broadcast produced for purposes such as supplementing, previewing or reviewing that television or radio programmemake possible online offers connected to linear broadcasting. That derogation should not operate so as to distort competition with other services which give consumers access to individual musical or audiovisual works online, or lead to restrictive practices, such as market or customer sharing, in breach of Articles 101 or 102 of the Treaty on the Functioning of the European Union.
Amendment 92 #
Proposal for a directive
Article 1
Article 1
This Directive lays down requirements necessary to ensure the proper functioning of the management of copyright and related rights by collecting societieve management organisations. It also lays down requirements for multi-territorial licensing by collecting societies of authors' rights in musical works for online use. (This amendment applies throughout the text)
Amendment 92 #
Proposal for a directive
Recital 3
Recital 3
(3) When established in the Union, collecting societies – as service providers – must comply with the national requirements pursuant to Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market which seeks to create a legal framework for ensuring the freedom of establishment and the free movement of servThis Directive lays down the minimum of rules necessary to achieve free movement of services in the Single Market. It does not interfere with measures taken by the Member States in accordance with EU law to protect or promote cultural and linguistic diversity or socio-political objectives in the interest of artists. The concept of ‘overriding reasons relating to the public interest’ to which reference is made in certain provisions of this Directive has been developed by the Court of Justice in its case law in relation to Articles between the Member States. This implies that collecting societies should be free to provide their services across borders, to represent rightholders resident or established i43 and 49 of the TFEU and may continue to evolve. These reasons include at least the following which are relevant to this directive: socio-political objectives, protection of beneficiaries of services, protection of intellectual property, cultural policy objectives, promotion of ther Member States or grant licences to users resident or established in other Member States national language, and conservation of the national historical and cultural heritage.
Amendment 95 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
Title III shall not apply to collecting societies which distribute licences to broadcasters in accordance with national and EU law for their online offers connected to linear broadcasting.
Amendment 96 #
Proposal for a directive
Article 2 – paragraph 2 b (new)
Article 2 – paragraph 2 b (new)
Title I, Articles 10, 11(1), 12, 15, 16, 18, 19 and 20 of Title II, Title III and Articles 34, 35, 37 and 38 of Title IV shall apply to independent commercial operators which as its principal or main activity offer collective rights management services to holders of copyrights or rights related to copyright on a commercial basis.
Amendment 97 #
Proposal for a directive
Article 2 – paragraph 2 c (new)
Article 2 – paragraph 2 c (new)
Titles I, II and IV of this directive shall apply to all collecting societies established in the Union. The Member States may apply Title I, Chapters 2 to 5 of Title II, and Title IV with the exception of Articles 36 and 40, of this directive to third country collecting societies where they license rights on the territories of the Member States.
Amendment 99 #
Proposal for a directive
Article 3 – point a
Article 3 – point a
(a) ‘collecting societyve management organisation’ 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 copyrightto collectively manage and licence specific categories of works or other protected subject matter, or specific categories of copyright or rights related to copyright, on behalf and account of more than one rightholder as its sole or main purpose and, which is owned or controlled by its memberbuilt on the principle of solidarity among rightholders and its fiduciary duty to act in the interest of all rightholders it represents;
Amendment 102 #
Proposal for a directive
Article 3 – point a a (new)
Article 3 – point a a (new)
(aa) 'online rights pool' means any form of cooperation of collective management organisations with other collective management organisations and/or entities within the meaning of Article 31 of this Directive which serves the purpose of granting licences for online rights in musical works covering the repertoire of all participating collective management organisations and entities involved;
Amendment 107 #
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3a General principle 1. The Member States shall ensure that collecting societies under their jurisdiction comply with the provisions of this directive. For the purposes of this directive, the jurisdiction of a Member State shall cover both collecting societies established in that Member State and collecting societies which license a significant proportion of their repertoire in that Member State. 2. A Member State may require collecting societies under its jurisdiction or operating in its territory to comply with stricter or more detailed rules in the areas coordinated by this directive, provided such requirements are compatible with EU law. 3. In cases where a Member State: (a) has exercised its freedom under paragraph 2 to adopt more detailed or stricter rules of general public interest; and (b) comes to the conclusion that a collecting society under the jurisdiction of another Member State is carrying out significant licensing operations on its territory, it may contact the Member State having jurisdiction with a view to achieving a mutually satisfactory solution to any problems that arise.
Amendment 109 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Member States shall ensure that collecting societies act in the collective best interest of their members and do not impose on rightholders whose rights they manage as trustees any obligations which are not objectively necessary for the protection of the rights and interests of these rightholders provided they allow the collecting societies sufficient discretion to negotiate with rights users.
Amendment 110 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Member States shall ensure that rightholders are free to entrust their rights to a collective management organisation and that when they have decided to do so, this decision prevails over any presumption of transfer of rights.
Amendment 112 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. RAccording to the rules collectively decided at the General Assembly, 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.
Amendment 118 #
Proposal for a directive
Recital 12
Recital 12
(12) Members of collecting societies should be allowed to participate and vote in the general meeting; the exercise of these rights may only be subject to fair and proportionate restrictions. The exercise of voting rights should be made easy, and should where possible take place by electronic means.
Amendment 122 #
Proposal for a directive
Recital 13
Recital 13
(13) Members should be allowed to take part in monitoring the management of collecting societies. To this end, collecting societieve management organisations. To this end, collective management organisations should establish a supervisory function appropriate to their organisational structure and allow the different categories of members to be represented in equal manner in the body that exercises this function. To avoid imposing excessive burden on smaller collecting societies and to make the obligations arising from this Directive proportionate, Member States should be able to, if they consider this to be necessary, exclude the smallest collecting societies from having to organise such a supervisory function.
Amendment 139 #
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) The provision of multi-territorial multi-repertoire licences for online music rights and the safeguarding of a fair and adequate remuneration for rightholders by collective management organisations lies in the general economic and cultural interest of the European Union and its citizens. Cross-border cooperation of collective management organisations or the consolidation of their licensing activities to pool their respective complementary repertoires is indespensable for the establishment and the functioning of an efficient system of multi-territorial multi-repertoire licences for online rights in musical works.
Amendment 153 #
Proposal for a directive
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Every member of a collecting society shall have the right to appoint any other naturalmember or a legal person in the same category as a proxy holder to attend and vote at the general meeting in his name.
Amendment 172 #
Proposal for a directive
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
Title III shall not apply to collecting societies which distribute licences to broadcasters in accordance with national and EU law for their online offers connected to linear broadcasting.
Amendment 173 #
Proposal for a directive
Article 2 – paragraph 1 b (new)
Article 2 – paragraph 1 b (new)
Titles I, II and IV of this directive shall apply to all collecting societies established in the Union. The Member States may apply Title I, Chapters 2 to 5 of Title II, and Title IV with the exception of Articles 36 and 40, of this directive to third- country collecting societies where they license rights on the territories of the Member States.
Amendment 178 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
Title I, Articles 10, 11(1), 12, 15, 16, 18, 19 and 20 of Title II, Title III and Articles 34, 35, 37 and 38 of Title IV shall apply to independent commercial operators which as its principal or main activity offer collective rights management services to holders of copyrights or rights related to copyright on a commercial basis.
Amendment 187 #
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. Member States shall ensure that collecting societies respond to licensing requests within 14 calendar days and makes an offer to the user within 60 calendar days following receipt of the request, provided that the collecting society has received all the information it needs to make such an offer.
Amendment 187 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘collecting society’ means anyve management organisation’ 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 copyrightto collectively manage and licence specific categories of works or other protected subject matter, or specific categories of copyright or rights related to copyright, on behalf and account of more than one rightholder as its sole or main purpose and, which is owned or controlled by its memberbuilt on the principle of solidarity among rightholders and its fiduciary duty to act in the interest of all rightholders it represents;
Amendment 192 #
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 the usage of works and other subject matter in an agreed and if possible machine-readable format, on time and accurately 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 them 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 rights revenue to individual rightholders.
Amendment 194 #
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 collective management organisation 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 remuneration.
Amendment 194 #
Proposal for a directive
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(aa) ‘online rights pool’ means any form of cooperation of collective management organisations with other collective management organisations and/or entities within the meaning of Article 31 of this Directive which serve the purpose of granting licences for online rights in musical works covering the repertoire of all participating collective management organisations and entities involved.
Amendment 206 #
Proposal for a directive
Article 3 a (new)
Article 3 a (new)
Article 3a General principle 1. The Member States shall ensure that collecting societies under their jurisdiction comply with the provisions of this directive. For the purposes of this directive, the jurisdiction of a Member State shall cover both collecting societies established in that Member State and collecting societies which license a significant proportion of their repertoire in that Member State. 2. A Member State may require collecting societies under its jurisdiction or operating in its territory to comply with stricter or more detailed rules in the areas coordinated by this directive, provided such requirements are compatible with EU law. 3. In cases where a Member State: (a) has exercised its freedom under paragraph 2 to adopt more detailed or stricter rules of general public interest; and (b) comes to the conclusion that a collecting society under the jurisdiction of another Member State is carrying out significant licensing operations on its territory, it may contact the Member State having jurisdiction with a view to achieving a mutually satisfactory solution to any problems that arise.
Amendment 211 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Member States shall ensure that collecting societies act in the collective best interest of their members and do not impose on rightholders whose rights they manage as trustees any obligations which are not objectively necessary for the protection of the rights and interests of these rightholders provided they allow the collecting societies sufficient discretion to negotiate with rights users.
Amendment 212 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Member States shall ensure that rightholders are free to entrust their rights to a collective management organisation and that when they have decided to do so, this decision prevails over any presumption of transfer of rights.
Amendment 216 #
Proposal for a directive
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. Member States shall promote and encourage collective management organisations and commercial operators to set up an accurate, comprehensive and updated Global Repertoire Database to facilitate multi-territorial and multi- repertoire licensing.
Amendment 218 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. RAccording to the rules collectively decided at the General Assembly, 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.
Amendment 220 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Any representation agreement between collecting societies whereby a collecting society mandates another collecting societyve management organisations whereby a collective management organisation mandates another collective management organisation 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 termis does not preclude the relevant collective management organisation's right to entrust a limited number of the other collective management organisations or online rights pools to grant multi- territorial licences for the online rights in musical works in its own music repertoire, and to participate in a limited number of online rights pools.
Amendment 223 #
Proposal for a directive
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
1a. The mandated collective management organisation shall manage those online rights on non-discriminatory terms.
Amendment 224 #
Proposal for a directive
Article 28 – paragraph 1 b (new)
Article 28 – paragraph 1 b (new)
1b. Member States shall promote and encourage cooperation between collective management organisations in the fields of management, administration and licensing of rights.
Amendment 225 #
Proposal for a directive
Article 28 – paragraph 1 c (new)
Article 28 – paragraph 1 c (new)
1c. Member States shall ensure that collective management organisations retain the right to determine autonomously the conditions, in particular in relation to tariffs, according to which they authorize the use of their repertoire.
Amendment 226 #
Proposal for a directive
Article 28 – paragraph 1 d (new)
Article 28 – paragraph 1 d (new)
1d. Member States shall ensure that representation agreements and online rights pools, exchanges of information as well as other forms of cooperation among collective management organisations for the purpose of granting and administration of multi-territorial and multi-repertoire licences and/or for the purpose of establishing mutually agreeable tariffs and conditions for such licences are exempted from the application of competition law provisions prohibiting agreements and concerted practices which have the object or effect of restricting competition.
Amendment 238 #
Proposal for a directive
Article 33
Article 33
The requirements under this Title shall not apply to collecting societies which grant, on the basis of the voluntary aggregation of the required rights, in compliance with the competition rules under Articles 101 and 102 TFEU, a multi-territorial licence for the online rights in musical works required by a broadcaster to communicate or make available to the public its radio or television programmes simultaneously with or after their initial broadcast as well as any online material produced by the broadcaster which is ancillary to the initial broadcast of its radio or television programmeas well as any online offers.
Amendment 240 #
Proposal for a directive
Article 35 – title
Article 35 – title
Dispute resolution forwith users
Amendment 260 #
Proposal for a directive
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Every member of a collecting society shall have the right to appoint any other naturalmember or a legal person in the same category as a proxy holder to attend and vote at the general meeting in his name.
Amendment 311 #
Proposal for a directive
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
1a. Member States shall ensure that collecting societies respond to licensing requests within 14 calendar days and make an offer to the user within 60 calendar days following receipt of the request, provided that the collecting society has received all the information it needs to make such an offer.
Amendment 321 #
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 the usage of works and other subject matter in an agreed and if possible machine-readable format, on time and accurately 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 them 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 rights revenue to individual rightholders.
Amendment 322 #
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 collective management organisation 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 remuneration.
Amendment 356 #
Proposal for a directive
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. Member States shall promote and encourage collective management organisations and commercial operators to set up an accurate, comprehensive and updated Global Repertoire Database to facilitate multi-territorial and multi- repertoire licensing.
Amendment 363 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Any representation agreement between collecting societies whereby a collecting society mandates another collecting societyve management organisations whereby a collective management organisation mandates another collective management organisation 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 termis does not preclude the relevant collective management organisation's right to entrust a limited number of the other collective management organisations or online rights pools to grant multi- territorial licences for the online rights in musical works in its own music repertoire, and to participate in a limited number of online rights pools.
Amendment 364 #
Proposal for a directive
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
1a. The mandated collective management organisation shall manage those online rights on non-discriminatory terms.
Amendment 365 #
Proposal for a directive
Article 28 – paragraph 1 b (new)
Article 28 – paragraph 1 b (new)
1b. Member States shall promote and encourage cooperation between collective management organisations in the fields of management, administration and licensing of rights.
Amendment 366 #
Proposal for a directive
Article 28 – paragraph 1 c (new)
Article 28 – paragraph 1 c (new)
1c. Member States shall ensure that collective management organisations retain the right to determine autonomously the conditions, in particular in relation to tariffs, according to which they authorize the use of their repertoire.
Amendment 367 #
Proposal for a directive
Article 28 – paragraph 1 d (new)
Article 28 – paragraph 1 d (new)
1d. Member States shall ensure that representation agreements and online rights pools, exchanges of information as well as other forms of cooperation among collective management organisations for the purpose of granting and administration of multi-territorial and multi-repertoire licences and/or for the purpose of establishing mutually agreeable tariffs and conditions for such licences are exempted from the application of competition law provisions prohibiting agreements and concerted practices which have the object or effect of restricting competition.