Activities of Emma McCLARKIN related to 2016/0284(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council laying down rules on the exercise of copyright and related rights applicable to certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes
Amendments (10)
Amendment 48 #
Proposal for a regulation
Recital 7
Recital 7
(7) Therefore, cross-border provision of online services that are ancillary to broadcast, and retransmissions of television and radio programmes originating in other Member States, should be facilitated by adapting the particular legal framework on the exercise of copyright and related rights relevant for those specific activities.
Amendment 62 #
Proposal for a regulation
Recital 9
Recital 9
Amendment 69 #
Proposal for a regulation
Recital 10
Recital 10
Amendment 78 #
Proposal for a regulation
Recital 11
Recital 11
(11) Through the principle of contractual freedom it will beremains possible to continue limiting the exploitation of the rights affected by the principle of country of origin laid down in this Regulation, especially as far as certain technical means of transmission or certain language versions are concerned, provided that any such limitations of the exploitation of those rights are in compliance with Union lawnd the necessarily territorial nature of certain contracts are concerned.
Amendment 90 #
Proposal for a regulation
Recital 12
Recital 12
(12) Operators of retransmission services offered on satellite, digital terrestrial, closed circuit IP-based, mobile and similar networks, provide services whichthat 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 whichthat are offered on the open internet should, however, be excluded from the scope of this Regulation as thosesuch 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 102 #
Proposal for a regulation
Recital 15
Recital 15
Amendment 118 #
Proposal for a regulation
Recital 18
Recital 18
(18) AIn line with the principles of better regulation, a review of the Regulation should be undertaken after the Regulation has been in force for a period of time, in order to assess, among others, the impact of the Regulation, in particular on investment in European content, and to what extent the cross-border provision of ancillary online services has increased to the benefit of European consumers and hence also to the benefit of improved cultural diversity in the Union.
Amendment 125 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
Amendment 158 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
Amendment 195 #
Proposal for a regulation
Article 5
Article 5
Agreements on the exercise of copyright and related rights relevant for the acts of communication to the public and the making available occurring in the course of provision of an ancillary online service as well as for the acts of reproduction which are necessary for the provision of, the access to or the use of an ancillary online service which are in force on [the date mentioned in Article 7(2), to be inserted by OPOCE ] shall be subject to Article 2 as from [the date mentioned in Article 7(2) + 2 years, to be inserted by OPOCE] if they expire after that date.rticle 5 deleted Transitional provision