12 Amendments of Hermann WINKLER related to 2016/0284(COD)
Amendment 33 #
Proposal for a regulation
Recital 4
Recital 4
(4) Operators of retransmission services, that normally offer multiple programmes which use a multitude of works and other protected subject matter included in the retransmitted television and radio programmes, have a very short time- frame forthe possibility, in the context of contractual freedom, of obtaining the necessary licences and thence 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 remunerationreby guaranteeing right holders the necessary equitable remuneration they need so that they can continue to offer a wide variety of content, also in the consumer's interest.
Amendment 34 #
Proposal for a regulation
Recital 5
Recital 5
(5) The rights in works and other protected subject matter are harmonised, among others, through Directive 2001/29/EC of the European Parliament and of the Council15 and Directive 2006/115/EC of the European Parliament and of the Council.16, which serves in particular to ensure protection of right holders. _________________ 15 Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society OJ L 167, 22.6.2001, p. 10–19. 16 Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property OJ L 376, 27.12.2006, p. 28–35.
Amendment 36 #
Proposal for a regulation
Recital 7
Recital 7
Amendment 41 #
Proposal for a regulation
Recital 8
Recital 8
Amendment 47 #
Proposal for a regulation
Recital 9
Recital 9
Amendment 63 #
Proposal for a regulation
Recital 12
Recital 12
(12) Operators of retransmission services offered on satellite, digital terrestrial, or closed circuit IP-based, mobile and similar networks, provide services which are equivalent to those provided by operators of cable retransmission services when they retransmit simultaneously, in an unaltered and unabridged manner, for reception by the public, an initial transmission from another Member State of television or radio programmes, where this initial transmission is by wire or over the air, including by satellite but excluding online transmissions, and intended for reception by the public. They should therefore be within the scope of this Regulation and benefit from the mechanism introducing mandatory collective management of rights. Retransmission services which are offered on the open internet should be excluded from the scope of this Regulation as those services have different characteristics. They are not linked to any particular infrastructure and their ability to ensure a controlled environment is limited when compared for example to cable or closed circuit IP-based networks.
Amendment 64 #
Proposal for a regulation
Recital 13
Recital 13
(13) In order to provide legal certainty to operators of retransmission services offered on satellite, digital terrestrial, or closed circuit IP-based, mobile or similar networks, and to overcome disparities in national law regarding such retransmission services, rules similar to those that apply to cable retransmission as defined in Directive 93/83/EEC should apply. The rules established in that Directive include the obligation to exercise the right to grant or refuse authorisation to an operator of a retransmission service through a collective management organisation. This is without prejudice to Directive 2014/26/EU18 and in particular to its provisions concerning rights of right holders with regard to the choice of a collective management organisation. The right of prohibition as such is maintained, and only the way in which it is exercised is regulated to a certain extent. This also means that retransmission rights remain assignable. _________________ 18 Directive 2014/26/EU of the European Parliament and of the Council of 26 February 2014 on collective management of copyright and related rights and multi- territorial licensing of rights in musical works for online use in the internal market, OJ L 84, 20.3.2014, p. 72–98.
Amendment 80 #
Proposal for a regulation
Recital 16
Recital 16
(16) This Regulation respects fundamental rights and observes the principles recognised in the Charter of Fundamental Rights of the European Union while also taking account of the rules laid down in Directive 2001/29/EC, which aims to ensure a high level of protection of the affected copyright, related rights and other subject-matter. Whilst there may be an interference with the exercise of the rights of right holders insofar as mandatory collective management is required for the exercise of the right of communication to the public with regard to retransmission services, it is necessary to prescribe such a condition in a targeted manner for specific services and in order to allow more widespread cross-border dissemination of television and radio programmes by facilitating the clearance of these rightsn the light of contractual freedom, such a condition should be voluntary . The possibility provided for the Member States to regulate the activities of collective management organisations does not impinge on the free contractual negotiation of rights provided for in this Regulation.
Amendment 85 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Amendment 110 #
Proposal for a regulation
Article 2
Article 2
Application of the principle of ‘country of (1)The acts of communication to the public and of making available occurring when providing an ancillary online service by or under the control and responsibility of a broadcasting organisation as well as the acts of reproduction which are necessary for the provision of, the access to or the use of the ancillary online service shall, for the purposes of exercising copyright and related rights relevant for these acts, be deemed to occur solely in the Member State in which the broadcasting organisation has its principal establishment. (2)When fixing the amount of the payment to be made for the rights subject to the country of origin principle as set out in paragraph 1, the parties shall take into account all aspects of the ancillary online service such as the features of the ancillary online service, the audience, and the language version.rticle 2 deleted origin’ to ancillary online services
Amendment 132 #
Proposal for a regulation
Article 2 a (new)
Article 2 a (new)
Article 2a The retransmission of the initial transmission of a television or radio programme from one Member State to other Member States by means of an ancillary online service within the meaning of this Regulation shall take place in compliance with the applicable copyright, related rights and rights to other subject-matter and on the basis of individual or collective contractual agreements between copyright owners, holders of related rights, holders of rights to other subject-matter and operators of retransmission services.
Amendment 139 #
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5