Activities of Piotr BORYS 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)
Amendments (80)
Amendment 88 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) It is imperative, however, that account is taken of the specific nature of collective management organisations serving the audiovisual and live entertainment sectors, which function very differently from the music sector.
Amendment 89 #
Proposal for a directive
Recital 3
Recital 3
Amendment 95 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) A suitable legal framework for collective management organisations should be established and, in particular, those Member States that do not yet have a supervisory body should establish one so as to facilitate the proper transposition of the EU legislation.
Amendment 101 #
Proposal for a directive
Recital 6
Recital 6
(6) The protection of the interests of the members of collecting societies, rightholders and third parties requires that the laws of the Member States related to copyright management and multi-territorial licensing for online rights in musical works be coordinated with a view to having equivalent safeguards throughout the Union. Accordingly, the Directive is based on Article 50(2)(g) of the Treaty.
Amendment 105 #
Proposal for a directive
Recital 9
Recital 9
(9) Having the freedom to provide and to receivereceive services for collective management serviceof copyright and related rights across national borders entails that rightholders are able to freely choose the collecting societyve management organisation for the management of their rights, such as public performance or broadcasting rights, or categories of rights, such as interactive communication to the public, provided the collecting society ve management organisation already manages such rights or categories of rights. This implies that rightholders can easily withdraw their rights or categories of rights from a collecting societyve management organisation and entrust or transfer all or part of them to another collecting societyve management organisation or another entity irrespective of the Member State of residence or the nationality of either the collecting societyve management organisation or the rightholder. Collecting societieve management organisations managing different types of works and other subject matter, such as literary, musical or photographic works, should also allow this flexibility to rightholders as regards the management of different types of works and other subject matter. Collecting societieve management organisations should inform rightholders of this choice and allow them to exercise it as easily as possible. Finally, this Directive should not prejudice the possibilities of rightholders to manage their rights individually, including for non- commercial uses.
Amendment 112 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) In implementing the provisions of the Directive, account should be taken of the specificity of each sector. In this context, collecting societies are the preferred way to ensure fair remuneration for authors. Collecting societies must be able to perform their task of pooling management costs for the benefit of their members and in the interests of legal certainty for users and of defending and promoting cultural diversity.
Amendment 115 #
Proposal for a directive
Recital 12
Recital 12
(12) Members of collecting societieve management organisations 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.
Amendment 117 #
Proposal for a directive
Recital 12
Recital 12
(12) The interests of all Members of collecting societiemanagement organisations should be represented at the general meeting and where possible, members of collecting management organisations 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.
Amendment 123 #
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 members to be representedthe different categories of members to be represented in fair and balanced 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 126 #
Proposal for a directive
Recital 15
Recital 15
(15) Collecting societies collect, manage and distribute revenue from the exploitation of the rights entrusted to them by rightholders. This revenue is ultimately due to rightholders who may be members of that society, or another society. It is therefore important that collecting societies exercise the utmost diligence in collecting, managing and distributing that revenue. Accurate distribution is only possible where collecting societies maintain proper records of membership, licences and use of works and other subject matter. Where appropriate, data should also be provided by rightholders and users and verified by the collecting societies. Amounts collected and due to rightholders should be managed separately from any own assets of the collecting society and, if they are invested, pending their distribution to rightholders, this should be carried out in accordance with the investment policy decided by the collecting societies’ general meeting. In order to maintain a high level of protection for the rights of rightholders and to ensure that any income which may be derived from exploitation of their rights accrues for the benefit of rightholders, the investments made and held by the collecting society should be managed in accordance with criteria which would oblige the collecting society to act prudently, while allowing the collecting society to decide on the most secure and efficient investment policy. As the collective management of rights by collecting societies is not a profit-making activity, these organisations should opt for an asset allocation that is suitable in terms of its precise nature and duration, and avoids any exposure to risk of rights revenue. This should allow the colleting society to opt for an asset allocation that suits the precise nature and duration of any exposure to risk of any rights revenue invested and which does not unduly prejudice any rights revenue owed to rightholders. Moreover, in order to ensure that the amounts due to rightholders are appropriately and effectively distributed, it is necessary to require collecting societies to undertake diligent and good faith reasonable measures to identify and locate the relevant rightholders. It is also appropriate to provide for the approval by members of collecting societies of the rules governing any situation where, due to the lack of identified or located rightholders, amounts collected cannot be distributed.
Amendment 129 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) This Directive is without prejudice to arrangements in the Member States concerning extended or compulsory collective licensing, legal presumptions of representation or transfer, or a combination of these elements.
Amendment 146 #
Proposal for a directive
Recital 24
Recital 24
(24) In the online music sector, where collective management of authors' rights on a territorial basis remains the norm, it is essential to create conditions conducive to the most effective licensing practices by collecting societiemanagement organisations, in an increasingly cross-border context. It is therefore appropriate to provide for a set of rules coordinating basic conditions for the provision by collecting societiemanagement organisations of multi- territorial collective licensing of authors' online rights in musical works, thereby enhancing consumer choice and advancing towards completion of the Digital Single Market. These provisions should ensure the necessary minimum quality of the cross- border services provided by collecting societiemanagement organisations, notably in terms of transparency of repertoire represented and accuracy of financial flows related to the use of the rights. They should also set out a framework for facilitating the voluntary aggregation of music repertoire and thus reducing the number of licences a user needs to operate a multi-territorial service. These provisions should enable a collecting societymanagement organisation to request another collecting societymanagement organisation to represent its repertoire on a multi- territorial basis where it cannot fulfil the requirements itself. There should be an obligation on the requested society, provided that it aggregates repertoire and offers or grants multi-territorial licences, to accept the mandate of the requesting society. The development of legal online music services across the Union should also contribute to the fight against piracy.
Amendment 152 #
Proposal for a directive
Recital 9
Recital 9
(9) Having the freedom to provide and to receivereceive services for collective management serviceof copyright and related rights across national borders entails that rightholders are able to freely choose the collecting societyve management organisation for the management of their rights, such as public performance or broadcasting rights, or categories of rights, such as interactive communication to the public, provided the collecting societyve management organisation already manages such rights or categories of rights. This implies that rightholders can easily withdraw their rights or categories of rights from a collecting societyve management organisation and entrust or transfer all or part of them to another collecting societyve management organisation or another entity irrespective of the Member State of residence or the nationality of either the collecting societyve management organisation or the rightholder. Collecting societieve management organisations managing different types of works and other subject matter, such as literary, musical or photographic works, should also allow this flexibility to rightholders as regards the management of different types of works and other subject matter. Collecting societieve management organisations should inform rightholders of this choice and allow them to exercise it as easily as possible. Finally, this Directive should not prejudice the possibilities of rightholders to manage their rights individually, including for non- commercial uses.
Amendment 157 #
Proposal for a directive
Recital 35
Recital 35
(35) Broadcasting organisations generally rely on a licence from a local collecting societyve management organisation, 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 for the purposes of simultaneous and delayed transmission online of television and radio broadcasts, 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 programme. 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 167 #
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
Titles I, II and IV with the exception of Articles 36 and 40 shall apply to all collecting societieve management organisations established in the Union.
Amendment 174 #
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
Title III and Articles 36 and 40 of Title IV shall only apply to those collecting societieve management organisations managing authors' rights in musical works for online use on a multi- territorial basis.
Amendment 178 #
Proposal for a directive
Recital 16 a (new)
Recital 16 a (new)
(16a) This Directive is without prejudice to arrangements in the Member States concerning extended or compulsory collective licensing, legal presumptions of representation or transfer, or a combination of these elements.
Amendment 179 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
Titles II, IV, with the exception of Articles 36 and 40, and IVa shall also apply to entities directly or indirectly owned or controlled, in whole or in part, by a collective management organisation provided that these entities carry out an activity which, if carried out by a collective management organisation, would be subject to these provisions.
Amendment 180 #
Proposal for a directive
Article 2 – paragraph 2 b (new)
Article 2 – paragraph 2 b (new)
Articles 16 to 19, 24(1) and 24(2) shall also apply to any entity other than a collective management organisation which manages copyright and related rights of several rightholders as its sole or main purpose for the collective benefit of those rightholders.
Amendment 186 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
This Directive shall not affect Member States' arrangements on extended collective licences or the mandatory collective management of exclusive rights or rights to remuneration.
Amendment 190 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘collecting societymanagement organisation’ means any organisation which is authorised by law or by way of assignment, licence or any other contractual arrangement, by more than onea substantial number of rightholders, to manage copyright or rights related to copyright as its sole or main purpose and which is owned or controlled by its members;
Amendment 196 #
Proposal for a directive
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
c) 'member of a collecting society' means a rightholder or an entity directly representing rightholders, including other collecting societies and associations of rightholders, fulfilling the membership requirements of the collecting societywhich has been accepted as a member;
Amendment 198 #
Proposal for a directive
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
e) 'director' means any individual managing director, any member of the administrative board, the management or the supervisory boardor person with management responsibilities within the society that actually manages the activities of a collecting society;
Amendment 201 #
Proposal for a directive
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ‘rights revenue’ means income collected by a collecting societyve management organisation on behalf of rightholders, whether from an exclusive right, a right to remuneration or a right to compensation;
Amendment 202 #
Proposal for a directive
Recital 36 a (new)
Recital 36 a (new)
(36a) To the effectiveness and benefit of the dispute resolution procedures, Members States should ensure that their relevant national dispute resolution bodies have a minimum training and experience in the field of copyright and related rights.
Amendment 203 #
Proposal for a directive
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) ‘management fees’ means the amount chargdeducted by a collecting societyve management organisation from the rights revenues in order to cover the costs of its management of copyright or related rights services;
Amendment 203 #
Proposal for a directive
Recital 36 b (new)
Recital 36 b (new)
(36b) In order to ensure that dispute resolution mechanisms are used in good faith, Member States may complement these mechanisms with a provision on escrow procedures. The sums in question should be set up by a court or an independent dispute resolution body.
Amendment 204 #
Proposal for a directive
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
k) 'multi-territorial licence' means a licence for an online music service which covers the territory of more than one Member State;
Amendment 209 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Member States shall ensure that collecting societieve management organisations act in the best interest of their members and do not impose on rightholders whose rights they manage and do not impose on them any obligations which are not objectively necessary for the protection of the rights and interests of these rightholders.
Amendment 213 #
Proposal for a directive
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
This Directive shall not affect Member States’ provisions on extended collective licensing, the mandatory collective management of exclusive rights or rights to remuneration, the legal presumption of representation by a collecting society or the transfer of rights to a society, with due respect for Community law.
Amendment 219 #
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 societyve management organisation or the rightholder.
Amendment 219 #
Proposal for a directive
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
Articles 16 – 19, 24(1) and 24(2) shall also apply to any entity other than a collective management organisation which by way of assignment, licence or other contractual agreement manage copyright or related rights on behalf of more than one rightholder as its sole or main purpose for the collective benefit of those rightholders.
Amendment 222 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Rightholders shall have the right to grant licences free of charge for the non- commercial use of their works and rights. In this case they shall inform in due time the relevant collective management organisations that such a license has been granted.
Amendment 225 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Rightholders shall have the right to terminate the authorisation to manage rights, categories of rights or types of works and other subject matter granted to a collecting societyve management organisations or to withdraw from a collecting societyve management organisations any of the rights or categories of rights or types of works and other subject matter of their choice, at any time during the term of the authorisation, for the Member States of their choice, upon serving reasonable notice not exceeding six months. The collecting societyve management organisation may decide that such termination or withdrawal will take effect only at the middle and at the end of the financial year, whichever is sooner after the expiry of the notice period.
Amendment 227 #
Proposal for a directive
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Collecting societieve management organisations shall not restrict the exercise of rights provided under paragraphs 3 and 4 by requiring that the management of rights or categories of rights or type of works and other subject matter which are subject to the termination or the withdrawal are entrusted to another collecting societyve management organisation.
Amendment 228 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ‘collecting societyve management organisation’ means any 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: a) owned or controlled by its members; and/or b) is a non profit making body;
Amendment 229 #
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shall ensure that the rightholder gives express consent specifically for each right or category of rights or type of works and other subject matter which that rightholder authorises the collecting societyve management organisation to manage and that any such consent is evidenced in documentary form.
Amendment 230 #
Proposal for a directive
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shall ensure that the rightholder gives express consent specifically for each right or category of rights or type of works and other subject matter which that rightholder authorises the collecting society to manage and that any such consent is evidenced in documentary form with the exception of models of non- voluntary collective management.
Amendment 241 #
Proposal for a directive
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5a. Collective management organisations shall make information included in Article 19(1) publicly accessible provided that the protection of the personal data of the rightholders is preserved.
Amendment 250 #
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. The general meeting shall control the activities of the collecting societyve management organisation by, at least, deciding on the appointment and removal of the auditor and approving the annual transparency report and the auditor's report.
Amendment 253 #
Proposal for a directive
Article 7 – paragraph 7 – subparagraph 1 – introductory part
Article 7 – paragraph 7 – subparagraph 1 – introductory part
Any restriction on the right of the members of the collecting societyve management organisation to participate and to exercise voting rights at the general meeting shall be fair and proportionate and be based on the following criteria:
Amendment 263 #
Proposal for a directive
Article 7 – paragraph 8
Article 7 – paragraph 8
8. Every member of a collecting societyve management organisation shall have the right to appoint any other natural or legal person as a proxy holder to attend and vote at the general meeting in his nameof members in his name, provided that such appointment does not result in a conflict of interest.
Amendment 266 #
Proposal for a directive
Article 7 – paragraph 8 – subparagraph 1 (new)
Article 7 – paragraph 8 – subparagraph 1 (new)
Where a member appoints another member of the collective management organisation as a proxy holder, Member States may allow the collective management organisation to restrict the appointment of proxy holders to members who belong to the same category as the appointing member.
Amendment 267 #
Proposal for a directive
Article 7 – paragraph 8 – subparagraph 1 a (new)
Article 7 – paragraph 8 – subparagraph 1 a (new)
Member States may also allow a collective management organisation to impose reasonable restrictions related to the maximum number of votes a proxy holder may exercise at the general meeting of members.
Amendment 268 #
Proposal for a directive
Article 7 – paragraph 8 – subparagraph 1 b (new)
Article 7 – paragraph 8 – subparagraph 1 b (new)
The proxy holder shall enjoy the same rights in the general meeting of the members as those to which the appointing member would be entitled.
Amendment 269 #
Proposal for a directive
Article 7 – paragraph 8 – subparagraph 1 c (new)
Article 7 – paragraph 8 – subparagraph 1 c (new)
The proxy holder shall cast votes in accordance with the instructions issued by the appointing member.
Amendment 279 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Member States shall ensure that the persons who effectively manage the business of a collecting societyve management organisation and its directors, with the exception of the directors exercising supervisory function, design procedures so as to avoid conflicts of interest. The collecting societyve management organisation shall have procedures to identify, manage, monitor and disclose conflicts of interest in order to prevent them from adversely affecting the interests of members of the societyorganisation.
Amendment 279 #
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The statute of the collecting societyve management organisation shall provide for appropriate and effective mechanisms of participation of its members in the collecting society's decision-making process. The representation of the different categories of members in the decision-making process shall be fair and balanced.
Amendment 283 #
Proposal for a directive
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5 a. Collective management organisations shall make information included in Article 19(1) publicly accessible provided that the protection of the personal data of the rightholders is preserved.
Amendment 286 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Member States shall encourage collective management organisations to provide social, cultural and educational services to their members.
Amendment 287 #
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
1a. Member States shall ensure that deductions made for management fees shall not exceed justified and documented costs incurred for the purpose of managing copyright and related rights.
Amendment 302 #
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Where the amounts due to rightholders cannot be distributed, after fivthree years from the end of the financial year in which the collection of the rights revenue occurred, and provided that the collecting society has taken all necessary measures to identify and locate the rightholders, the collecting society shall decide on the use of the amounts concerned in accordance with Article 7(5)(b), without prejudice to the right of the rightholder to claim such amounts from the collecting society.
Amendment 302 #
Proposal for a directive
Article 7 – paragraph 5 – point d
Article 7 – paragraph 5 – point d
(d) the rulesgeneral policy on deductions from rights revenue. and on income derived from its investment, to the extent investments are allowed by the Member States;
Amendment 323 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Amendment 324 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15a Refusal to grant a license 1. The collective management organisation shall not, without important and justified reasons, refuse to grant a license for the use of works or other protected subject-matter within the scope of the repertoire it represents. In particular, the collective management organisation shall not refuse to grant a license, including a multi-territorial license, for the reasons related to profitability of such license. 2. When refusing to grant a license, the collective management organisation shall inform rightholders it represents, other collective management organisations on whose behalf it manages rights under a representation agreement and the user, of the reasons of such refusal.
Amendment 329 #
Proposal for a directive
Article 16 – paragraph 1 – point c
Article 16 – paragraph 1 – point c
(c) the amounts due to the rightholder per category of rights managed, and type of use, paid by the collecting societyve management organisation to the rightholder in the period concerned;
Amendment 330 #
Proposal for a directive
Article 16 a (new)
Article 16 a (new)
Amendment 332 #
Proposal for a directive
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) the amounts due to rightholders per category of rights managed, and per type of use paid by the collecting societyve management organisation for the licensing of the rights it manages under the representation agreement;
Amendment 333 #
Proposal for a directive
Article 18 – title
Article 18 – title
Information provided to rightholders, members, other collecting societieve management organisations and users on request
Amendment 334 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Amendment 334 #
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall ensure that the collecting societyve management organisation establishes a supervisory function responsible for continuously monitoring the activities and the performance of the duties of the persons entrusted with managerial responsibilities in the collecting societyve management organisation. There shall be fair and balanced representation of the members of the collecting societyve management organisation in the body exercising this function in order to ensure their effective participation.
Amendment 340 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. In addition, a collecting societyA collective management organisation shall make available at the request of any rightholder or any collecting societyve management organisation, any information on works for which one or more rightholders have not been identified including, where available, the title of the work, the name of the author, the name of the publisher and any other relevant information available which could be necessary to identify the rightholders.
Amendment 342 #
Proposal for a directive
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. Member States shall ensure that a collecting society makes publicve management organisation makes available through a publicly accessible website at least the following information:
Amendment 343 #
Proposal for a directive
Article 19 – paragraph 1 – point a a (new)
Article 19 – paragraph 1 – point a a (new)
(aa) standard licensing contracts and applicable tariffs;
Amendment 344 #
Proposal for a directive
Article 19 – paragraph 1 – point a b (new)
Article 19 – paragraph 1 – point a b (new)
(ab) the repertoire and rights it manages and the Member States covered;
Amendment 345 #
Proposal for a directive
Article 19 – paragraph 1 – point a a (new)
Article 19 – paragraph 1 – point a a (new)
(aa) a list of representation agreements it has entered into, including information on other collecting societies involved, the repertoire represented and the territorial scope covered by any such agreement;
Amendment 348 #
Proposal for a directive
Article 19 – paragraph 1 – point g a (new)
Article 19 – paragraph 1 – point g a (new)
(ga) a list of representation agreements it has entered into, including information on other collective management organisations involved, the repertoire represented and the territorial scope covered by any such agreement.
Amendment 354 #
Proposal for a directive
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 379 #
Proposal for a directive
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Member States shall ensure that collecting societiemanagement organisations make available to their members and rightholders effective and timely procedures for dealing with complaints and for resolving disputes in particular in relation to authorisation to manage rights and termination or withdrawal of rights, membership terms, the collection of amounts due to rightholders, deductions and distributions. The procedures for dealing with complaints and for resolving disputes shall be independent.
Amendment 388 #
Proposal for a directive
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Member States shall providensure that their respective competent authorities may take appropriate administrative sanctions andhave the power to impose appropriate sanctions and to take appropriate measures where the provisions of the national provisionslaw adopted in the implementation of this Directive have not been complied with, and shall ensure that they are applied. These sanctions and measures shall be effective, proportionate and dissuasive.
Amendment 390 #
Proposal for a directive
Article 38 – paragraph 2
Article 38 – paragraph 2
Amendment 397 #
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The collecting society shallMember States shall ensure that a collective management organisation does not apply deductions, other than management fees, to the rights revenue derived from the rights it manages on the basis of a representation agreement with another collecting society, unless the other collecting society expressly consents to such deductions, and to any income arising from the investment of that rights revenue.
Amendment 422 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15a Obligations on users Member States shall ensure that users provide a collective management organisation, within a reasonable period, with relevant information on the use of the rights represented by the collective management organisation that is necessary for the collection and distribution of rights revenue. Member States shall ensure that collective management organisations have the right to request the above information from users. When necessary, this information should be provided in an electronic form allowing for its processing by the collective management organisation.
Amendment 451 #
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
Amendment 464 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. In addition, a collecting societyA collective management organisation shall make available at the duly motivated request of any rightholder or any collecting societyve management organisation, any information on works for which one or more rightholders have not been identified including, where available, the title of the work, the name of the author, the name of the publisher and any other relevant information available which could be necessary to identify the rightholders.
Amendment 474 #
Proposal for a directive
Article 19 – paragraph 1 – point g a (new)
Article 19 – paragraph 1 – point g a (new)
(ga) standard licensing contracts and applicable tariffs;
Amendment 478 #
Proposal for a directive
Article 19 – paragraph 1 – point g b (new)
Article 19 – paragraph 1 – point g b (new)
(gb) the repertoire and rights it manages and the Member States covered;
Amendment 480 #
Proposal for a directive
Article 19 – paragraph 1 – point g c (new)
Article 19 – paragraph 1 – point g c (new)
Amendment 503 #
Proposal for a directive
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3a. The requested collective management organisation shall offer and manage the repertoire of the requesting collective management organisation for the purpose of multi-territorial licensing on the same conditions as its own repertoire.
Amendment 534 #
Proposal for a directive
Article 37 – paragraph 1 a (new)
Article 37 – paragraph 1 a (new)
1a. Member States may require collective management organisations established outside their territory to obtain a prior authorisation from the competent authority in order to operate within the framework of the arrangements in that Member State concerning the management of rights such as extended collective licensing, compulsory collective management and legal presumptions of representation, or transfer of rights. Member States shall ensure that compliance by collective management organisations, operating in their territory on the basis of such authorisation, with the provisions of national law adopted pursuant to the requirements laid down in this Directive is monitored by competent authorities designated for that purpose.