Activities of Marietje SCHAAKE 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)
Shadow opinions (1)
OPINION on the proposal for a directive of the European Parliament and of the Council on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online uses in the internal market
Amendments (208)
Amendment 16 #
Proposal for a directive
Recital 1
Recital 1
(1) The directives which have been adopted in the area of copyright and related rights already provide a high level of protection for rightholders and thereby for a framework where the exploitation of content protected by these rights can take place. They contribute to developing and maintaining creativity. In an internal market where competition is not distorted, protecting innovation and intellectual creation alsocan encourages investment in innovative services and products.
Amendment 18 #
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 19 #
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 services between the Member States. This implies that collecting societieIn this context, reminds that the derogation in article 17(11) for intellectual property rights from the principle of freedom to provide cross- border services without unjustified restriction, covers the rights as such (existence of the right, scope and exceptions, duration, etc.) and it does not concern services linked to the management of such rights, such as those provided by collective management organisations. This implies that collective management organisations should be free to provide their services across borders, to represent rightholders resident or established in other Member States or grant licences to users resident or established in other Member States.
Amendment 20 #
Proposal for a directive
Recital 4
Recital 4
(4) There are significant differences in the national rules governing the functioning of collecting societieve management organisations, in particular as regards their transparency and accountability towards their members and rightholders. Beyond the difficulties non- domestic rightholders face when exercising their rights and the too often poor financial management of the revenues collected, problems with the functioning of collecting societieve management organisations lead to inefficiencies and inequities in the exploitation of copyright and related rights across the internal market to the detriment of the members of collecting societies, rightholders and, users alike. These difficulties do not arise in the functioning of independent rights management service providers who act as agents for rightholders for the management of their rights on a commercial basis and in which rightholders do not exercise membership rightsnd consumers alike.
Amendment 21 #
Proposal for a directive
Recital 4
Recital 4
(4) There are significant differences in the national rules governing the functioning of collecting societies, in particular as regards their transparency and accountability towards their members and, rightholders and users. Beyond the difficulties non- domestic rightholders face when exercising their rights and the too often poor financial management of the revenues collected, problems with the functioning of collecting societies lead to inefficiencies in the exploitation of copyright and related rights across the internal market to the detriment of the members of collecting societies, rightholders and users alike. These difficulties do not arise in the functioning of independent rights management service providers who act as agents for rightholders for the management of their rights on a commercial basis and in which rightholders do not exercise membership rights.
Amendment 23 #
Proposal for a directive
Recital 9
Recital 9
(9) Having the freedom to provide and to receive collective management services across national borders entails that rightholders are able to freely choose the collecting society 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 already manages such rights or categories of rights. This implies that rightholders can easily withdraw their rights or categories of rights from a collecting society and entrust or transfer all or part of them to another collecting society or another entity irrespective of the Member State of residence or the nationality of either the collecting society or the rightholder. Collecting societies 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 works, different types of works and other subject matter. Collecting societies 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 or placement in the public domain.
Amendment 24 #
Proposal for a directive
Recital 12
Recital 12
(12) MAll 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, and whenever possible by electronic means.
Amendment 25 #
Proposal for a directive
Recital 12
Recital 12
(12) MAll 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 as easy as possible.
Amendment 27 #
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, represented 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 sing different categories of righthould be able to, if they consider this to be necessary, exclude the smallest collecting societies from having to organise such a supervisoryers, to be represented in the body that exercises this function.
Amendment 28 #
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 societies should establish a supervisory function appropriate to their organisational structure and allow all categories of members to be represented 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 29 #
Proposal for a directive
Recital 14
Recital 14
(14) For reasons of sound management, a collecting societyve management organisation's senior management must be independent. Managers and executive directors should be required to declare annually to the collecting societybefore taking up their duties and thereafter annually to the collective management organisation whether there are conflicts between their interests and those of the societyorganisation.
Amendment 30 #
Proposal for a directive
Recital 14
Recital 14
(14) For reasons of sound management, a collecting society's senior management must be independent. Managers and executive directors should be required to declare annually to the collecting society, prior to and yearly after taking their position as manager or executive director, whether there are conflicts between their interests and those of the collecting society.
Amendment 31 #
Proposal for a directive
Recital 15
Recital 15
(15) Collecting societieve management organisations 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 societieve management organisations exercise the utmost diligence in collecting, managing and distributing that revenue. Accurate distribution is only possible where collecting societieve management organisations 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 societieve management organisations. Amounts collected and due to rightholders should be managed separately from any own assets of the collecting societyve management organisation 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 societieve management organisations' 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 societyve management organisation should be managed in accordance with criteria which would oblige the collecting societyve management organisation to act prudently, while allowing the collecting societyve management organisation to decide on the most secure and efficient investment policy. This should allow the collecting society to opt for an asset allocation that suits the precise nature and duration of anyve management organisation to opt for a secure and profitable asset allocation that prevents 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 societieve management organisations 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 societieve management organisations of the rules governing any situation where, due to the lack of identified or located rightholders, amounts collected cannot be distributed.
Amendment 32 #
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 and transparent 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. This should allow the colleting society to opt for an asset allocation that suits the precise nature and duration of any secure and profitable asset allocation that prevents 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 33 #
Proposal for a directive
Recital 18
Recital 18
(18) Fair commercial terms in licensing are particularly important to ensure that users can license the works and other protected subject-matter for which a collecting society represents rights and to ensure the remuneration of rightholders. Collecting societies and users should therefore conduct licensing negotiations in good faith and apply tariffs determined on the basis of objective criteriaand non-discriminatory criteria. Tariffs should be reasonable in relation to the economic value of the use of the rights in trade.
Amendment 34 #
Proposal for a directive
Recital 18
Recital 18
(18) Fair commercial terms in licensing are particularly important to ensure that users can license the works and other protected subject-matter for which a collecting society represents rights and to ensure the remuneration of rightholders. Collecting societies and users should therefore conduct licensing negotiations in good faith and apply tariffs determined on the basis of objective and non-discriminatory criteria.
Amendment 35 #
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) To enhance transparency and prevent situations where users receive more than one invoice for the same rights in the same works, collective management organisations should be required to cooperate closely among themselves. This cooperation should include pooling of information on licences and use of works in a common database, coordinated and joint invoicing and collection of rights revenues.
Amendment 36 #
Proposal for a directive
Recital 20
Recital 20
(20) To ensure that rightholders are in a position to monitor the performance of their collecting societies and compare their respective performance, collecting societies should make public an annual transparency report comprising comparable audited financial information specific to the activities of collecting societies. Collecting societies should also make public an annual special report on the use of amounts dedicated to social, cultural and educational services. 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 certain transparency obligations.
Amendment 37 #
Proposal for a directive
Recital 20
Recital 20
(20) To ensure that rightholders are in a position to monitor the performance of their collecting societies and compare their respective performance, collecting societies should make public an annual transparency report comprising comparable audited financial information specific to the activities of collecting societies. Collecting societies should also make public an annual special report on the use of amounts dedicated to social, cultural and educational services. 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 certain transparency obligations.
Amendment 38 #
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 societies, 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 societies of multi- territorial collective licensing of authors' online rights in musical works. These provisions should ensure the necessary minimum quality of the cross-border services provided by collecting societies, 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 society to request another collecting society 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, without abusing its market power. The development of legal online music services across the Union should also contribute to the fight against piracya decrease in unauthorized copying of music.
Amendment 39 #
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 societies, 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 societies of multi- territorial collective licensing of authors' online rights in musical works. These provisions should ensure the necessary minimum quality of the cross-border services provided by collecting societies, 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 society to request another collecting society 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 piracywill provide an alternative for the illegal offer of music online.
Amendment 40 #
Proposal for a directive
Recital 25
Recital 25
(25) The availability of accurate and comprehensive information on the musical works, rightholders and the rights that each collecting society is authorised to represent in a given Member State is of particular importance for an effective and transparent licensing process, for the subsequent monitoring of the use of licensed rights and the related invoicing of service providers as well as for the distribution of amounts due to rightholders. For this reason, collecting societies granting multi- territorial licences for musical works should be able to process such detailed data quickly and accurately. This requires the use of continually updated databases on ownership of rights that are licensed on a multi-territorial basis, containing data that allow for the identification of works, rights, rightholders and Member States which a collecting society is authorised to represent. These databases should also help to match information on works with information on phonograms or any other fixation in which the work has been incorporated. It is also important to ensure that users, consumers, prospective licensees and rightholders have access to the information they need to identify the repertoire that those collecting societies are representing, without prejudice to any measure these societies may be entitled to take to protect the accuracy and integrity of the data, to control its reuse and to protect personal data and commercially sensitive information.
Amendment 41 #
Proposal for a directive
Recital 26
Recital 26
(26) To ensure that the data on the music repertoire they process is as accurate as possible, collecting societies granting multi-territorial licences of musical works should be required to update their databases continuously and without delay. They should establish easily accessible procedures to enable rightholders and, other collecting societies whose repertoire they may represent, users and consumers to inform them about any inaccuracy that the collecting societies databases may contain in respect of works they own or control, including rights – in whole or in part – and Member States for which they have mandated the relevant collecting society to act. They should also have the capacity to process electronically the registration of works and authorisations to manage rights. Given the importance of information automation for the fast and effective processing of data, collecting societies should provide for the use of electronic means for the structured communication of that information by rightholders. Collecting societies should, as far as possible, ensure that such electronic means take into account the relevant industry standards or practices developed at international level or at the level of the Union.
Amendment 42 #
Proposal for a directive
Recital 27
Recital 27
(27) Digital technology allows the automated monitoring by collecting societies of the use by the licensee of the licensed musical works and facilitates invoicing. Industry standards for music usage, sales reporting and invoicing are instrumental to improve the efficiency in the exchange of data between collecting societies and users. The monitoring of the use of licences should respect fundamental rights, namely the right to respect of private and family life and data protection. To ensure that these efficiency gains result in faster financial processing and ultimately in earlier payments to rightholders, collecting societies should be required to invoice service providersestablish cooperation procedure among themselves so as to ensure that each user receives a single joint invoice and to distribute amounts due to rightholders without delay. For this requirement to be effective, it is necessary that licensees make every effort to provide collecting societies with accurate and timely reports on the use of the works. Collecting societies should not be required to accept users' reports in proprietary formats when widely used industry standards are available.
Amendment 43 #
Proposal for a directive
Recital 29
Recital 29
(29) Aggregating of different music repertoires for multi-territorial licensing facilitates the licensing process and, by making all repertoires accessible to the market for multi-territorial licensing, enhances cultural diversity and contributes to reducing the number of transactions an online service provider needs in order to offer that service. That aggregation of repertoires should facilitate the development of new online services, and should also result in a reduction of transaction costs that are passed on to consumers. Therefore, collecting societies that are not willing to or are not able to grant multi-territorial licences directly in their own music repertoire should be encouraged to mandate other collecting societies voluntarily with the task of managing their repertoire under non- discriminatory terms. Where the request to mandate takes place, the requested collecting society should be required to accept, provided that it aggregates repertoire and offers or grants multi- territorial licences. In addition, exclusivity in agreements on multi- territorial licenses would restrict the choices available to users seeking multi- territorial licenses and also restrict the choices available to collecting societies seeking administration services for their repertoire on a multi-territorial basis. Therefore, all representation agreements between collecting societies providing for multi-territorial licensing should be concluded on a non-exclusive basis.
Amendment 44 #
Proposal for a directive
Recital 37
Recital 37
(37) Moreover, Member States should establish appropriate procedures by means of which it will be possible to make complaints against collecting societieve management organisations who do not comply with the law and to ensure that, where appropriate, effective, proportionate and dissuasive sanctions or measures are imposed. Member States should determine which authorities should be responsible for administering the complaints procedures and sanctions. To ensure that the requirements for multi-territorial licensing are complied with, specific provisions on the monitoring of their implementation should be laid down. The competent authorities of the Member States and the European Commission should cooperate with each other to this end.
Amendment 45 #
Proposal for a directive
Recital 37
Recital 37
(37) Moreover, Member States should establish appropriate procedures by means of which it will be possible to make complaints against collecting societies who do not comply with the law and to ensure that, where appropriate, effective, proportionate and dissuasive measures and sanctions are imposed. Member States should determine which authorities should be responsible for administering the complaints procedures and sanctions. To ensure that the requirements for multi- territorial licensing are complied with, specific provisions on the monitoring of their implementation should be laid down. The competent authorities of the Member States and the European Commission should cooperate with each other to this end.
Amendment 46 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down requirements necessary to ensure the proper, efficient, accurate, accountable and transparent functioning of the management of copyright and related rights by collecting societies. It also lays down requirements for multi-territorial licensing by collecting societies of authors' rights in musical works for online use.
Amendment 51 #
Proposal for a directive
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(aa) ‘commercial operator’ means any entity which is authorised by way of any contractual arrangement to manage copyright or rights related to copyright on behalf of rightholders on a commercial basis;
Amendment 52 #
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 societieve management organisations and associations of rightholders, fulfilling the membership requirements of the collecting societyve management organisation, regardless of its legal form;
Amendment 53 #
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 rightholdits members, whether from an exclusive right, or a right to remuneration or a right to compensationand including any income derived from the investments of rights revenue;
Amendment 54 #
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 society on behalf of rightholders, whether from an exclusive right, a right to remuneration or a right to compensation;, as well as any financial revenue, such as interest.
Amendment 55 #
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, works 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 56 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Rightholders shall have the right to grant free licences for use of their works and rights. In this case, rightholders shall inform in due time the collective management organisations authorised to manage the rights of such works that such a free license has been granted.
Amendment 57 #
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, works or types of works and other subject matter granted to a collecting societyve management organisation or to withdraw from a collecting societyve management organisation any of the rights or categories of rights, works 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 58 #
Proposal for a directive
Article 5 – paragraph 7 a (new)
Article 5 – paragraph 7 a (new)
7a. Without prejudice to Article 20(4), rightholders shall have the right to request external independent audits of their collective management organisation at any time during the term of the authorisation.
Amendment 59 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Collecting societies shall accept rightholders, or any other members as defined in Article 3(c), as members if they fulfil the membership requirements. They may only refuse a request for membership on the basis of objective and nondiscriminatory criteria. These criteria shall be included in the statute or the membership terms of the collecting society and shall be made publicly available.
Amendment 60 #
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Collecting societies shall keep publicly accessible records of their members whichand their respective rights or works which the rightholders authorise the collecting society to manage. The records are regularly updated so that both members and their managed rights and works can be properly identified and located.
Amendment 61 #
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The general meeting shall approve any amendments to the statute and the membership terms of the collecting society, where those terms are not regulated by the statutestatute and the membership terms of the collective management organisation as well as any amendments thereof shall be adopted by the general meeting.
Amendment 62 #
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
The general meeting shall have the power to decide on the appointment or dismissal of the directors, monitor their general performance and approve their remuneration and other benefits such as non-monetary benefits, pension awards, right to other awards and rights to severance pay.
Amendment 63 #
Proposal for a directive
Article 7 – paragraph 5 – point b
Article 7 – paragraph 5 – point b
Amendment 64 #
Proposal for a directive
Article 7 – paragraph 5 – point b
Article 7 – paragraph 5 – point b
(b) the useallocation of the amounts due to rightholders which cannot be distributed as set out in Article 12(2) except where the general meeting decides to delegate this decision to the body exercising the supervisory function;
Amendment 65 #
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. If the financial management practice of the collective management organisation, is reasonably in doubt, the general meeting may decide to conduct an external audit. The result of such external audit shall be communicated to all members and to the public.
Amendment 66 #
Proposal for a directive
Article 7 – paragraph 7 – subparagraph 1 – introductory part
Article 7 – paragraph 7 – subparagraph 1 – introductory part
Every member of a collective management organisation shall have the right to vote at the general meeting, including, where appropriate, by electronic vote. Any restriction on the right of thea members of the collecting societyve management organisation to participate and to exercise his or hers voting rights at the general meeting shall be fair and proportionate and be based on the following criteria:
Amendment 67 #
Proposal for a directive
Article 7 – paragraph 7 – subparagraph 1 – point b
Article 7 – paragraph 7 – subparagraph 1 – point b
Amendment 68 #
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 name. To be valid, the proxy shall have been given by the member to the proxy holder no more than three months before its use.
Amendment 69 #
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 societyat organisation. There shall be fair and balanced representation of the members of the collecting societydifferent categories of members of the collective management organisation in the body exercising this function in order to ensure their effective participation.
Amendment 70 #
Proposal for a directive
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. The body entrusted with the supervisory function shall meet regularlyno less than every three months and shall have at least the following powers:
Amendment 71 #
Proposal for a directive
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. The body entrusted with the supervisory function shall report on the exercise of its responsibilities to the general meeting provided for in Article 7.
Amendment 72 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 73 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 74 #
Proposal for a directive
Article 9 – paragraph 2 – subparagraph 2 – introductory part
Article 9 – paragraph 2 – subparagraph 2 – introductory part
Those procedures shall include an annual individual statement by each of those persons and directors, to the body entrusted with the supervisory function, to the members and publicly accessible through the website of the collective management organisation. The statement should be made before each of those persons take up their duties and should thereafter be renewed annually. The statement should containing the following information:
Amendment 75 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Collecting societies shall be diligent in the collection and the management of rights revenueve management organisations shall be diligent, accurate and transparent in the collection and the management of rights revenue. Except in member states with systems of extended collective licensing, a collective management organization shall ensure that it only collects rights revenue on behalf of rightholders whose rights it is authorised to represent.
Amendment 76 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The collecting society shall not be allowed to use rights revenue and any income derived from its investment for its own account, save that it may deduct its management fees according to the rules referred to in Article 7(5)(d).
Amendment 77 #
Proposal for a directive
Article 10 – paragraph 4 – point a
Article 10 – paragraph 4 – point a
(a) the assets shall be invested in the best interests of membrightholders; where there is any potential conflict of interest, the collecting society shall ensure that the investment is made in the sole interest of membrightholders;
Amendment 78 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that the collecting societyve management organisations regularly and diligently distributes and pays amounts due to all rightholders it represents. The collecting societyve management organisation shall carry out such distribution and payments no later than 12 months from the end of the financial year in whichwithout undue delay and no later than three months after the rights revenue was collected, unless objective reasons related in particular to reporting by users, the identification of rights, rightholders or to the matching of information on works and other subject matter with rightholders prevent the collecting societyve management organisation from respecting this deadline. The collecting societyve management organisation shall carry out such distribution and payments accurately, ensuring equal treatment of all categories of rightholders.
Amendment 79 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that the collecting society regularly and diligently distributes and pays amounts due to all rightholders it represents. The collecting societySuch distributions and payments shall be carryied out such distribution and paymentsby the collecting society without undue delay and no later than 123 months from the end of the financial year in whichcollection of the rights revenue was collected, unless objective reasons related in particular to reporting by users, the identification of rights, rightholders or to the matching of information on works and other subject matter with rightholders prevent the collecting society from respecting this deadline. The collecting society shall carry out such distribution and payments accurately, ensuring equal treatment of all categories of rightholders.
Amendment 79 #
Proposal for a directive
Recital 1
Recital 1
(1) The directives which have been adopted in the area of copyright and related rights already provide a high level of protection for rightholders and thereby for a framework where the exploitation of content protected by these rights can take place. They contribute to developing and maintaining creativity, as well as promoting and safeguarding cultural diversity. In an internal market where competition is not distorted, protectfostering innovation and intellectual creation also encourages investment in innovative services and products.
Amendment 80 #
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 societybecause the collective management organisation failed to identify and locate the rightholders, the money shall be paid to a fund set up and managed for this purpose by the Member State in which the money is collected. The fund is thereafter responsible for any claims from reappearing rightholders.
Amendment 81 #
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 useallocation 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 82 #
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. For the purposes of paragraph 2, measures to identify and locate rightholderthe collective management organisation shall put in place effective measures to identify and locate rightholders while ensuring appropriate safeguards to deter fraud. Such measures shall include verifying membership records and making available regularly and at least annually to the members of the collecting society as well as to the public a list of works and other subject matter for which one or more rightholders have not been identified or located.
Amendment 82 #
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 83 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The collecting society shall regularly, diligently and, accurately and without undue delay distribute and pay amounts due to other collecting societies.
Amendment 84 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15 a Reporting and invoicing 1. Collective management organisations shall establish appropriate communication procedures allowing the user to provide all necessary information on the use of the licence, including a report on actual use of the works, to the collective management organisation accurately and within the deadline jointly agreed in relation to that licence. 2. Collective management organisations shall establish a cooperation procedure among themselves for the benefit of their rightholders, members and users. Such a cooperation procedure shall include at least pooling of information on the licences issued and the use of works in a common database, coordinated and joint invoicing and collection of rights revenues. 3. The cooperation procedure referred to in paragraph 2 shall enable the collective management organisations to coordinate the invoicing of the users in such a way that a single user receives a single joint invoice in respect of the rights in the works which have been licensed. The single invoice shall be transparent and shall identify the collective management organisations concerned, the lists of works and other protected subject-matter which have been licensed and the corresponding actual uses. The invoice should also indicate clearly at least the proportionate amounts due to rightholders and the amounts to be used to cover management fees.
Amendment 85 #
Proposal for a directive
Article 15 b (new)
Article 15 b (new)
Article 15 b Invoicing standards 1. Collective management organisations, as well as commercial operators, as defined in point (aa) of Article 3, shall invoice users by electronic means, whenever possible. Collective management organisations and commercial operators shall offer the use of a least one format which takes into account voluntary industry standards or practices developed at international or Union level. 2. Collective management organisations and commercial operators shall invoice online music service providers accurately and without delay after the actual use of the works. 3. Collecting management organisations and commercial operators shall have adequate procedures in place for the user to challenge the accuracy of the invoice, including when the user receives invoices from one or more collective management organisations or commercial operator for the same rights in the same works.
Amendment 86 #
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
Member States shall ensure that a collecting society makes available at least once a year, by electronic means and where appropriate on a more regular basis through individual on-line accounts, the following information to each rightholder it represents directly:
Amendment 87 #
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
Member States shall ensure that a collecting society makes available on a rolling basis or at least once a year, by electronic means, the following information to each rightholder it represents:
Amendment 87 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) It is essential to create a level playing field for fair competition in copyright management and economic interest of rightholders. In this regard, this Directive reflects the specific role of collective management organisations for rightholders and users alike and brings precision and adjustments to the rules governing the free movement of services.
Amendment 88 #
Proposal for a directive
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
Member States shall ensure that commercial operators, as defined in point (aa) of Article 3, make available at least once a year, by electronic means, the information described in points (a), (b), (c), (d) and (g) of paragraph 1 of this Article, to each rightholder whose rights they manage.
Amendment 89 #
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 per type of use, and per work paid by the collecting societyve management organisation to the rightholder in the period concerned;
Amendment 90 #
Proposal for a directive
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
Member States shall ensure that a collecting society makes the following information available, on a rolling basis or at least once a year, by electronic means, to the collecting society on whose behalf it manages rights under a representation agreement for a particular period:
Amendment 91 #
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 and per work paid by the collecting societyve management organisation for the licensing of the rights it manages under the representation agreement;
Amendment 92 #
Proposal for a directive
Article 18 – title
Article 18 – title
Information provided to rightholders, members, other collecting societies and users on requestve management organisations and users
Amendment 93 #
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. Member States shall ensure that a collecting societyve management organisation makes the following information available at the request ofto any rightholder whose rights it represents, to any collecting societyve management organisation on whose behalf it manages rights under a representation agreement or to any user, by electronic means, without undue delay:
Amendment 94 #
Proposal for a directive
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
Amendment 94 #
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 market18 which seeks to create a legal framework for ensuring the freedom of establishment and the free movement of services between the Member States. In this context, reminds that the derogation in article 17(11) for intellectual property rights from the principle of freedom to provide crossborder services without unjustified restrictions, covers the rights as such (existence of the right, scope and exceptions, duration, etc.) and it does not concern services linked to the management of such rights, such as those provided by collective management organisations. This implies that collecting societies should be free to provide their services across borders, to represent rightholders resident or established in other Member States or grant licences to users resident or established in other Member States.
Amendment 95 #
Proposal for a directive
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
Amendment 96 #
Proposal for a directive
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
(b) the list of its members, the repertoire and the specific rights it manages on their behalf, and the Member States covered, without revealing personal data and sensitive information about the rightholders;
Amendment 97 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 97 #
Proposal for a directive
Recital 4
Recital 4
(4) There are significant differences in the national rules governing the functioning of collecting societies, in particular as regards their transparency and accountability towards their members and, rightholders and users. Beyond the difficulties non- domestic rightholders face when exercising their rights and the too often poor financial management of the revenues collected, problems with the functioning of collecting societies lead to inefficiencies in the exploitation of copyright and related rights across the internal market to the detriment of the members of collecting societies, rightholders and users alike. These difficulties do not arise in the functioning of independent rights management service providers who act as agents for rightholders for the management of their rights on a commercial basis and in which rightholders do not exercise membership rights.
Amendment 98 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
2. In addition, a collecting society shall make available at the request of any rightholder or any collecting society,ve management organisation shall make publicly available 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 99 #
Proposal for a directive
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. Member States shall ensure that a collecting societyve management organisation makes public the following information preferably through publicly accessible and searchable interfaces:
Amendment 100 #
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 101 #
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 102 #
Proposal for a directive
Article 19 – paragraph 1 – point f a (new)
Article 19 – paragraph 1 – point f a (new)
(fa) standard licensing contracts and applicable tariffs;
Amendment 103 #
Proposal for a directive
Article 19 – paragraph 1 – point g a (new)
Article 19 – paragraph 1 – point g a (new)
(ga) 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 on works for which one or more rightholders have not been identified.
Amendment 104 #
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 105 #
Proposal for a directive
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. Collective management organisations shall ensure that, in accordance with point (ab) of paragraph 1, the information on repertoire is accurate and regularly updated. In this respect, they shall particularly ensure that the information concerning works whose term of protection is about to terminate is accurate and regularly updated, and made available to the public.
Amendment 106 #
Proposal for a directive
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 107 #
Proposal for a directive
Article 22 – paragraph 2 – point e a (new)
Article 22 – paragraph 2 – point e a (new)
(ea) The ability to offer both the reproduction (mechanical) and the communication (performance) right in the musical works it seeks to license by means of multi-territorial licenses.
Amendment 107 #
Proposal for a directive
Recital 9
Recital 9
(9) Having the freedom to provide and to receive collective management services across national borders entails that rightholders are able to freely choose the collecting society 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 already manages such rights or categories of rights. This implies that rightholders can easily withdraw their rights or categories of rights from a collecting society and entrust or transfer all or part of them to another collecting society or another entity irrespective of the Member State of residence or the nationality of either the collecting society or the rightholder. Collecting societies 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 societies 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 or placement in the public domain.
Amendment 108 #
Proposal for a directive
Article 23 – paragraph 2
Article 23 – paragraph 2
2. The collecting society may take reasonable measures to protect the accuracy and integrity of the data, to control its re-use and to protect personal data and, when necessary, commercially sensitive information.
Amendment 109 #
Proposal for a directive
Article 25 – paragraph 1
Article 25 – paragraph 1
1. A collecting society shall monitoragree with the online music service provider on the provision of information regarding the use of online rights in musical works which it represents, in whole or in part, by online music service providers to which it has granted a multi-territorial licence for those rights.
Amendment 110 #
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The collecting society shall offer online music service providers the possibility of reporting the actual use of online rights in musical works, in accordance with Article 15a(1), by electronic means. The collecting society shall offer the use of a least one method of reporting which takes into account voluntary industry standards or practices developed at international or Union level for the electronic exchange of such data. The collecting society may refuse to accept reporting by the user in a proprietary format if the society allows for reporting using an industry standard for the electronic exchange of data.
Amendment 111 #
Proposal for a directive
Article 25 – paragraph 4 a (new)
Article 25 – paragraph 4 a (new)
4a. For the purposes of paragraphs 3 and 4, the collecting society shall establish a cooperation procedure with other collecting societies to ensure that the online music service provider is issued a single joint invoice as provided for in Article 15a.
Amendment 111 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Any actions undertaken by collective management organisations should not hurt or undermine the open internet.
Amendment 112 #
Proposal for a directive
Article 25 – paragraph 5
Article 25 – paragraph 5
5. The collecting society shall have adequate procedures in place for the online music service provider to challenge the accuracy of the invoice, including when the online music service provider receives invoices from one or more collecting societiesmore than one invoice for the same online rights in the same musical work.
Amendment 113 #
Proposal for a directive
Article 29 – paragraph 2 – subparagraph 1
Article 29 – paragraph 2 – subparagraph 1
The requested collecting society shall accept such a request within a reasonable time if it is already granting or offering to grant multi- territorial licences for the same category of online rights in musical works in the repertoire of one or more other collecting societies.
Amendment 114 #
Proposal for a directive
Article 29 – paragraph 2 – subparagraph 1
Article 29 – paragraph 2 – subparagraph 1
The requested collecting society shall accept such a request within a reasonable time if it is already granting or offering to grant multi- territorial licences for the same category of online rights in musical works in the repertoire of one or more other collecting societies.
Amendment 115 #
Proposal for a directive
Article 29 – paragraph 2 – subparagraph 2
Article 29 – paragraph 2 – subparagraph 2
The management fee for the service provided by the requested collecting societyve management organisation to the requesting societyorganisation shall not exceed the costs reasonably incurred by the requested collecting societyve management organisation in managing the repertoire of the requesting collecting societyorganisation and a reasonable profit margin economically viable for all parties involved.
Amendment 116 #
Proposal for a directive
Recital 12
Recital 12
(12) MAll 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 as easy as possible.
Amendment 117 #
Proposal for a directive
Article 33 – paragraph 1
Article 33 – paragraph 1
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 before, 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 programme.
Amendment 118 #
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Member States shall ensure that disputes between collecting societies and users concerning existing and proposed licensing conditions, tariffs, the calculation of tariffs, and any refusal to grant a licence can be submitted to a court, and if appropriate, to an independent and impartial dispute resolution body.
Amendment 119 #
Proposal for a directive
Article 35 – paragraph 1 a (new)
Article 35 – paragraph 1 a (new)
1a. The administrative costs of seeking recourse to such a dispute resolution shall be reasonable.
Amendment 120 #
Proposal for a directive
Article 36 – paragraph 1 – point c
Article 36 – paragraph 1 – point c
(c) disputes with another collecting society on the application of Articles 22, 23, 24, 25, 26, 28 and 29.
Amendment 120 #
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 societies should establish a supervisory function appropriate to their organisational structure and allow all categories of members to be represented 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 121 #
Proposal for a directive
Article 38 – paragraph 1
Article 38 – paragraph 1
1. Member States shall providdesignate or establish competent authorities which continuously monitor collective management organisations operating in their territory. Member States shall ensure that their respective competent authorities may takimpose appropriate administrative sanctions and measures where the provisions of the national provisions adopted in the implementation of this Directive have not been complied with, and shall ensure that they are applied. The sanctions and measures shall be effective, proportionate and dissuasive.
Amendment 124 #
Proposal for a directive
Recital 14
Recital 14
(14) For reasons of sound management, a collecting society's senior management must be independent. Managers and executive directors should be required to declare annually to the collecting society, prior to and yearly after taking their position as manager or executive director, whether there are conflicts between their interests and those of the collecting society.
Amendment 124 #
Proposal for a directive
Recital 1
Recital 1
(1) The directives which have been adopted in the area of copyright and related rights already provide a high level of protection for rightholders and thereby for a framework where the exploitation of content protected by these rights can take place. They contribute to developing and maintaining creativity, as well as promoting and safeguarding cultural diversity. In an internal market where competition is not distorted, protectfostering innovation and intellectual creation also encourages investment in innovative services and products.
Amendment 126 #
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 127 #
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 and transparent 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. This should allow the collecting society to opt for an secure and profitable asset allocation that suits the precise nature and duration of anyprevents 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 128 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) It is essential to create a level playing field for fair competition in copyright management and economic interest of rightholders. In this regard this Directive reflects the specific role of collective management organisations for rightholders and users alike and brings precision and adjustments to the rules governing the free movement of services.
Amendment 130 #
Proposal for a directive
Recital 18
Recital 18
(18) Fair commercial terms in licensing are particularly important to ensure that users can license the works and other protected subject-matter for which a collecting society represents rights and to ensure the remuneration of rightholders. Collecting societies and users should therefore conduct licensing negotiations in good faith and apply tariffs determined on the basis of objective and non-discriminatory criteria .
Amendment 131 #
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) To enhance transparency and prevent situations where users receive more than one invoice for the same rights in the same works, collecting societies should be required to cooperate closely among themselves. This cooperation should include pooling of information on licences and use of works in a common database, coordinated and joint invoicing and collecting of rights revenues.
Amendment 133 #
Proposal for a directive
Recital 20
Recital 20
(20) To ensure that rightholders are in a position to monitor the performance of their collecting societies and compare their respective performance, collecting societies should make public an annual transparency report comprising comparable audited financial information specific to the activities of collecting societies. Collecting societies should also make public an annual special report on the use of amounts dedicated to social, cultural and educational services. 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 certain transparency obligations.
Amendment 135 #
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 services between the Member States. In this context, reminds that the derogation in article 17(11) for intellectual property rights from the principle of freedom to provide crossborder services without unjustified restrictions, covers the rights as such (existence of the right, scope and exceptions, duration, etc.) and it does not concern services linked to the management of such rights, such as those provided by collective management organisations. This implies that collecting societies should be free to provide their services across borders, to represent rightholders resident or established in other Member States or grant licences to users resident or established in other Member States.
Amendment 139 #
Proposal for a directive
Recital 4
Recital 4
(4) There are significant differences in the national rules governing the functioning of collecting societies, in particular as regards their transparency and accountability towards their members and, rightholders and users. Beyond the difficulties non- domestic rightholders face when exercising their rights and the too often poor financial management of the revenues collected, problems with the functioning of collecting societies lead to inefficiencies in the exploitation of copyright and related rights across the internal market to the detriment of the members of collecting societies, rightholders and users alike. These difficulties do not arise in the functioning of independent rights management service providers who act as agents for rightholders for the management of their rights on a commercial basis and in which rightholders do not exercise membership rights.
Amendment 143 #
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 societies, 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 societies of multi- territorial collective licensing of authors' online rights in musical works. These provisions should ensure the necessary minimum quality of the cross-border services provided by collecting societies, 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 society to request another collecting society 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 musiccontent services across the Union should also contribute to the fight against piracywill provide an alternative to online content over which no copyright fees are paid.
Amendment 149 #
Proposal for a directive
Recital 25
Recital 25
(25) The availability of accurate and comprehensive information on the musical works, rightholders and the rights that each collecting society is authorised to represent in a given Member State is of particular importance for an effective and transparent licensing process, for the subsequent monitoring of the use of licensed rights and the related invoicing of service providers as well as for the distribution of amounts due to rightholders. For this reason, collecting societies granting multi- territorial licences for musical works should be able to process such detailed data quickly and accurately. This requires the use of continually updated databases on ownership of rights that are licensed on a multi-territorial basis, containing data that allow for the identification of works, rights, rightholders and Member States which a collecting society is authorised to represent. These databases should also help to match information on works with information on phonograms or any other fixation in which the work has been incorporated. It is also important to ensure that users, consumers, prospective licensees and rightholders have access to the information they need to identify the repertoire that those collecting societies are representing, without prejudice to any measure these societies may be entitled to take to protect the accuracy and integrity of the data, to control its reuse and to protect personal data and commercially sensitive information.
Amendment 150 #
Proposal for a directive
Recital 26
Recital 26
(26) To ensure that the data on the music repertoire they process is as accurate as possible, collecting societies granting multi-territorial licences of musical works should be required to update their databases continuously and without delay. They should establish easily accessible procedures to enable rightholders and, other collecting societies whose repertoire they may represent, users and consumers to inform them about any inaccuracy that the collecting societies databases may contain in respect of works they own or control, including rights – in whole or in part – and Member States for which they have mandated the relevant collecting society to act. They should also have the capacity to process electronically the registration of works and authorisations to manage rights. Given the importance of information automation for the fast and effective processing of data, collecting societies should provide for the use of electronic means for the structured communication of that information by rightholders. Collecting societies should, as far as possible, ensure that such electronic means take into account the relevant industry standards or practices developed at international level or at the level of the Union.
Amendment 151 #
Proposal for a directive
Recital 9
Recital 9
(9) Having the freedom to provide and to receive collective management services across national borders entails that rightholders are able to freely choose the collecting society 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 already manages such rights or categories of rights. This implies that rightholders can easily withdraw their rights or categories of rights from a collecting society and entrust or transfer all or part of them to another collecting society or another entity irrespective of the Member State of residence or the nationality of either the collecting society or the rightholder. Collecting societies 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 societies 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 or placement in the public domain.
Amendment 152 #
Proposal for a directive
Recital 27
Recital 27
(27) Digital technology allows the automated monitoring by collecting societies of the use by the licensee of the licensed musical works and facilitates invoicing. Industry standards for music usage, sales reporting and invoicing are instrumental to improve the efficiency in the exchange of data between collecting societies and users. The monitoring of the use of licences should respect fundamental rights, namely the right to respect of private and family life and data protection. To ensure that these efficiency gains result in faster financial processing and ultimately in earlier payments to rightholders, collecting societies should be required to invoice service providersestablish cooperation procedures among themselves so as to ensure that each user receives a single joint invoice and to distribute amounts due to rightholders without delay. For this requirement to be effective, it is necessary that licensees make every effort to provide collecting societies with accurate and timely reports on the use of the works. Collecting societies should not be required to accept users' reports in proprietary formats when widely used industry standards are available.
Amendment 153 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) Any actions undertaken by collective management organisations should not hurt or undermine the open Internet
Amendment 155 #
Proposal for a directive
Recital 29
Recital 29
(29) Aggregating of different music repertoires for multi-territorial licensing facilitates the licensing process and, by making all repertoires accessible to the market for multi-territorial licensing, enhances cultural diversity and contributes to reducing the number of transactions an online service provider needs in order to offer that service. That aggregation of repertoires should facilitate the development of new online services, and should also result in a reduction of transaction costs that are passed on to consumers. Therefore, collecting societies that are not willing to or are not able to grant multi-territorial licences directly in their own music repertoire should be encouraged to mandate other collecting societies voluntarily with the task of managing their repertoire under non- discriminatory terms. Where the request to mandate takes place, the requested collecting society should be required to accept, provided that it aggregates repertoire and offers or grants multi- territorial licences. In addition, exclusivity in agreements on multi- territorial licenses would restrict the choices available to users seeking multi- territorial licenses and also restrict the choices available to collecting societies seeking administration services for their repertoire on a multi-territorial basis. Therefore, all representation agreements between collecting societies providing for multi-territorial licensing should be concluded on a non-exclusive basis.
Amendment 159 #
Proposal for a directive
Recital 37
Recital 37
(37) Moreover, Member States should establish appropriate procedures by means of which it will be possible to make complaints against collecting societies who do not comply with the law and to ensure that, where appropriate, effective, proportionate and dissuasive measures and sanctions are imposed. Member States should determine which authorities should be responsible for administering the complaints procedures and sanctions. To ensure that the requirements for multi- territorial licensing are complied with, specific provisions on the monitoring of their implementation should be laid down. The competent authorities of the Member States and the European Commission should cooperate with each other to this end.
Amendment 161 #
Proposal for a directive
Recital 12
Recital 12
(12) MAll 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 as easy as possible.
Amendment 164 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down requirements necessary to ensure the proper, efficient, accurate, accountable and transparent functioning of the management of copyright and related rights by collecting societies. It also lays down requirements for multi-territorial licensing by collecting societies of authors' rights in musical works for online use.
Amendment 165 #
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
By 2015, all collective management organisations established in the Union shall enforce for all forms of exploitation of works, the highest standards of transparency on repertoire information, timely and accurate reporting on invoicing and payments to rightholders, as described in Articles 23, 25 and 26 for all types of licensing they provide.
Amendment 168 #
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 societies should establish a supervisory function appropriate to their organisational structure and allow all categories of members to be represented 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 170 #
Proposal for a directive
Recital 14
Recital 14
(14) For reasons of sound management, a collecting society's senior management must be independent. Managers and executive directors should be required to declare annually to the collecting society, prior to and yearly after taking their position as manager or executive director, whether there are conflicts between their interests and those of the collecting society.
Amendment 174 #
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 and transparent 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. This should allow the colleting society to opt for an secure and profitable asset allocation that suits the precise nature and duration of anyprevents 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 181 #
Proposal for a directive
Recital 18
Recital 18
(18) Fair commercial terms in licensing are particularly important to ensure that users can license the works and other protected subject-matter for which a collecting society represents rights and to ensure the remuneration of rightholders. Collecting societies and users should therefore conduct licensing negotiations in good faith and apply tariffs determined on the basis of objective and non-discriminatory criteria.
Amendment 182 #
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) To enhance transparency and prevent situations where users receive more than one invoice for the same rights in the same works, collecting societies should be required to cooperate closely among themselves. This cooperation should include pooling of information on licences and use of works in a common database, coordinated and joint invoicing and collecting of rights revenues.
Amendment 187 #
Proposal for a directive
Recital 20
Recital 20
(20) To ensure that rightholders are in a position to monitor the performance of their collecting societies and compare their respective performance, collecting societies should make public an annual transparency report comprising comparable audited financial information specific to the activities of collecting societies. Collecting societies should also make public an annual special report on the use of amounts dedicated to social, cultural and educational services. 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 certain transparency obligations.
Amendment 191 #
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 societies, 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 societies of multi- territorial collective licensing of authors' online rights in musical works. These provisions should ensure the necessary minimum quality of the cross-border services provided by collecting societies, 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 society to request another collecting society 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 musiccontent services across the Union should also contribute to the fight against piracywill provide an alternative to online content over which no copyright fees are paid.
Amendment 192 #
Proposal for a directive
Recital 25
Recital 25
(25) The availability of accurate and comprehensive information on the musical works, rightholders and the rights that each collecting society is authorised to represent in a given Member State is of particular importance for an effective and transparent licensing process, for the subsequent monitoring of the use of licensed rights and the related invoicing of service providers as well as for the distribution of amounts due to rightholders. For this reason, collecting societies granting multi- territorial licences for musical works should be able to process such detailed data quickly and accurately. This requires the use of continually updated databases on ownership of rights that are licensed on a multi-territorial basis, containing data that allow for the identification of works, rights, rightholders and Member States which a collecting society is authorised to represent. These databases should also help to match information on works with information on phonograms or any other fixation in which the work has been incorporated. It is also important to ensure that users, consumers, prospective licensees and rightholders have access to the information they need to identify the repertoire that those collecting societies are representing, without prejudice to any measure these societies may be entitled to take to protect the accuracy and integrity of the data, to control its reuse and to protect personal data and commercially sensitive information.
Amendment 193 #
Proposal for a directive
Recital 26
Recital 26
(26) To ensure that the data on the music repertoire they process is as accurate as possible, collecting societies granting multi-territorial licences of musical works should be required to update their databases continuously and without delay. They should establish easily accessible procedures to enable rightholders and other collecting societies whose repertoire they may represent, users and consumers to inform them about any inaccuracy that the collecting societies databases may contain in respect of works they own or control, including rights – in whole or in part – and Member States for which they have mandated the relevant collecting society to act. They should also have the capacity to process electronically the registration of works and authorisations to manage rights. Given the importance of information automation for the fast and effective processing of data, collecting societies should provide for the use of electronic means for the structured communication of that information by rightholders. Collecting societies should, as far as possible, ensure that such electronic means take into account the relevant industry standards or practices developed at international level or at the level of the Union.
Amendment 195 #
Proposal for a directive
Recital 27
Recital 27
(27) Digital technology allows the automated monitoring by collecting societies of the use by the licensee of the licensed musical works and facilitates invoicing. Industry standards for music usage, sales reporting and invoicing are instrumental to improve the efficiency in the exchange of data between collecting societies and users. The monitoring of the use of licences should respect fundamental rights, namely the right to respect of private and family life and data protection. To ensure that these efficiency gains result in faster financial processing and ultimately in earlier payments to rightholders, collecting societies should be required to invoice service providersestablish cooperation procedures among themselves so as to ensure that each user receives a single joint invoice and to distribute amounts due to rightholders without delay. For this requirement to be effective, it is necessary that licensees make every effort to provide collecting societies with accurate and timely reports on the use of the works. Collecting societies should not be required to accept users' reports in proprietary formats when widely used industry standards are available.
Amendment 197 #
Proposal for a directive
Recital 29
Recital 29
(29) Aggregating of different music repertoires for multi-territorial licensing facilitates the licensing process and, by making all repertoires accessible to the market for multi-territorial licensing, enhances cultural diversity and contributes to reducing the number of transactions an online service provider needs in order to offer that service. That aggregation of repertoires should facilitate the development of new online services, and should also result in a reduction of transaction costs that are passed on to consumers. Therefore, collecting societies that are not willing to or are not able to grant multi-territorial licences directly in their own music repertoire should be encouraged to mandate other collecting societies voluntarily with the task of managing their repertoire under non- discriminatory terms. Where the request to mandate takes place, the requested collecting society should be required to accept, provided that it aggregates repertoire and offers or grants multi- territorial licences. In addition, exclusivity in agreements on multi- territorial licenses would restrict the choices available to users seeking multi- territorial licenses and also restrict the choices available to collecting societies seeking administration services for their repertoire on a multi-territorial basis. Therefore, all representation agreements between collecting societies providing for multi-territorial licensing should be concluded on a non-exclusive basis.
Amendment 202 #
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 society on behalf of rightholders, whether from an exclusive right, a right to remuneration or a right to compensation, as well as any financial revenue, such as interest derived from the investment of rights revenue;
Amendment 204 #
Proposal for a directive
Recital 37
Recital 37
(37) Moreover, Member States should establish appropriate procedures by means of which it will be possible to make complaints against collecting societies who do not comply with the law and to ensure that, where appropriate, effective, proportionate and dissuasive measures and sanctions are imposed. Member States should determine which authorities should be responsible for administering the complaints procedures and sanctions. To ensure that the requirements for multi- territorial licensing are complied with, specific provisions on the monitoring of their implementation should be laid down. The competent authorities of the Member States and the European Commission should cooperate with each other to this end.
Amendment 206 #
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down requirements necessary to ensure the proper, efficient, accurate, accountable and transparent functioning of the management of copyright and related rights by collecting societies. It also lays down requirements for multi-territorial licensing by collecting societies of authors' rights in musical works for online use.
Amendment 207 #
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
By 2015, all collective management organisations established in the Union shall enforce for all forms of exploitation of works, the highest standards of transparency on repertoire information, timely and accurate reporting on invoicing and payments to rightholders, as described in Articles 23, 25 and 26 for all types of licensing they provide.
Amendment 210 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Member States shall ensure that collecting societies act in the best interest of their membrightholders and do not impose on rightholders whose rights they manage any obligations which are not objectively necessary for the protection of their rights and interests of these rightholders.
Amendment 221 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Rightholders shall have the right to grant free licences for the non- commercial use of their works and rights. In this case, rightholders shall inform in due time the collective management organisations authorised to manage the rights of such works that such a free license has been granted.
Amendment 236 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Collecting societies shall accept rightholders or any other members as defined in Article 3(c) as members if they fulfil the membership requirements. They may only refuse a request for membership on the basis of objective and non- discriminatory criteria. These criteria shall be included in the statute or the membership terms of the collecting society and shall be made publicly available.
Amendment 239 #
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Collecting societies shall keep publicly accessible records of their members whichand their respective rights or works which the rightholders authorise the collecting society to manage. The records are regularly updated so that both members and their managed rights and works can be properly identified and located.
Amendment 243 #
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
The general meeting shall have the power to decide on the appointment or dismissal of the directors, monitor their general performance and approve their remuneration and other benefits such as non-monetary benefits, pension awards, right to other awards and rights to severance pay.
Amendment 243 #
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 society on behalf of rightholders, whether from an exclusive right, a right to remuneration or a right to compensation, as well as any financial revenue, such as interest derived form the investment of rights revenue;
Amendment 246 #
Proposal for a directive
Article 7 – paragraph 5 – point b
Article 7 – paragraph 5 – point b
(b) the useallocation of the amounts due to rightholders which cannot be distributed as set out in Article 12(2) except where the general meeting decides to delegate this decision to the body exercising the supervisory function;
Amendment 247 #
Proposal for a directive
Article 4 – paragraph 1
Article 4 – paragraph 1
Member States shall ensure that collecting societies act in the best interest of their membrightholders and do not impose on rightholders whose rights they manage any obligations which are not objectively necessary for the protection of their rights and interests of these rightholders.
Amendment 256 #
Proposal for a directive
Article 7 – paragraph 7 – subparagraph 1 – point b
Article 7 – paragraph 7 – subparagraph 1 – point b
Amendment 261 #
Proposal for a directive
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2 a. Rightholders shall have the right to grant free licences for the non- commercial use of their works and rights. In this case, rightholders shall inform in due time the collective management organisations authorised to manage the rights of such works that such a free license has been granted.
Amendment 276 #
Proposal for a directive
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. The body entrusted with the supervisory function shall report on the exercise of its responsibilities to the general meeting provided for in Article 7.
Amendment 276 #
Proposal for a directive
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Collecting societies shall accept rightholders, or any other members as defined in Article 3(c) as members if they fulfil the membership requirements. They may only refuse a request for membership on the basis of objective and non- discriminatory criteria. These criteria shall be included in the statute or the membership terms of the collecting society and shall be made publicly available.
Amendment 278 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 282 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The collecting society shall not be allowed to use rights revenue and any income derived from its investment for its own account, save that it may deduct its management fees according to the rules referred to in Article 7(5)(d).
Amendment 282 #
Proposal for a directive
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Collecting societies shall keep publicly accessible records of their members whichand their respective rights or works which the rightholders authorise the collecting society to manage. The records are regularly updated so that both members and their managed rights and works can be properly identified and located.
Amendment 283 #
Proposal for a directive
Article 10 – paragraph 4 – point a
Article 10 – paragraph 4 – point a
(a) the assets shall be invested in the best interests of membrightholders; where there is any potential conflict of interest, the collecting society shall ensure that the investment is made in the sole interest of membrightholders;
Amendment 290 #
Proposal for a directive
Article 7 – paragraph 4 – subparagraph 1
Article 7 – paragraph 4 – subparagraph 1
The general meeting shall have the power to decide on the appointment or dismissal of the directors, monitor their general performance and approve their remuneration and other benefits such as non-monetary benefits, pension awards, right to other awards and rights to severance pay.
Amendment 298 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Member States shall ensure that the collecting societyve management organisation regularly and diligently distributes and pays amounts due to all rightholders it represents. The collecting societyve management organisation shall carry out such distribution and payments no later than 12six months from the end of the financial year in which the rights revenue was collected, unless objective reasons related in particular to reporting by users, the identification of rights, rightholders or to the matching of information on works and other subject matter with rightholders prevent the collecting society from respecting this deadline. The collecting society shall carry out such distribution and payments accurately, ensuring equal treatment of all categories of rightholders.
Amendment 298 #
Proposal for a directive
Article 7 – paragraph 5 – point b
Article 7 – paragraph 5 – point b
(b) the useallocation of the amounts due to rightholders which cannot be distributed as set out in Article 12(2) except where the general meeting decides to delegate this decision to the body exercising the supervisory function;
Amendment 301 #
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, or earlier where national legislation provides for a shorter period, and provided that the collecting societyve management organisation has taken all necessary measures to identify and locate the rightholders, the collecting societyve management organisation 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 societyve management organisation.
Amendment 307 #
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. For the purposes of paragraph 2, measures to identify and locate rightholderthe collecting society shall put in place effective measures to identify and locate rightholders while ensuring appropriate safeguards to deter fraud. Such measures shall include verifying membership records and making available regularly and at least annually to the members of the collecting society as well as to the public a list of works and other subject matter for which one or more rightholders have not been identified or located.
Amendment 309 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The collecting society shall regularly, diligently and, accurately and without undue delay distribute and pay amounts due to other collecting societies.
Amendment 323 #
Proposal for a directive
Article 7 – paragraph 7 – subparagraph 1 – point b
Article 7 – paragraph 7 – subparagraph 1 – point b
Amendment 325 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15a Reporting and invoicing 1. Collecting societies shall establish appropriate communication procedures allowing the user to provide all necessary information on the use of the licence, including a report on actual use of the works, to the collecting society accurately and within the deadline jointly agreed in relation to that licence. 2. Collecting societies shall establish a cooperation procedure among themselves for the benefit of their rightholders, members and users. Such a cooperation procedure shall include at least pooling of information on the licences issued and the use of works and other protected subject- matter in a common database, coordinated and joint invoicing and collection of rights revenues. 3. The cooperation procedure referred to in paragraph 2 shall enable the collecting societies to coordinate the invoicing of the users in such a way that a single user receives a single joint invoice in respect of the rights in the works and other protected subject-matter which have been licensed. The single invoice shall be transparent and shall identify the collecting societies concerned, the lists of works and other protected subject-matter which have been licensed and the corresponding actual uses. The invoice should also indicate clearly at least the proportionate amounts due to rightholders and the amounts to be used to cover management fees.
Amendment 326 #
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
Member States shall ensure that a collecting society makes available on a rolling basis or at least once a year, by electronic means, the following information to each rightholder it represents:
Amendment 331 #
Proposal for a directive
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
Member States shall ensure that a collecting society makes the following information available, on a rolling basis or at least once a year by electronic means, to the collecting society on whose behalf it manages rights under a representation agreement for a particular period:
Amendment 337 #
Proposal for a directive
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
Amendment 338 #
Proposal for a directive
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
Amendment 339 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 345 #
Proposal for a directive
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. The body entrusted with the supervisory function shall report on the exercise of its responsibilities to the general meeting provided for in Article 7.
Amendment 347 #
Proposal for a directive
Article 19 – paragraph 1 – point f a (new)
Article 19 – paragraph 1 – point f a (new)
(fa) standard licensing contracts and applicable tariffs;
Amendment 349 #
Proposal for a directive
Article 19 – paragraph 1 – point g a (new)
Article 19 – paragraph 1 – point g a (new)
(ga) 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 on works for which one or more rightholders have not been identified;
Amendment 349 #
Proposal for a directive
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 350 #
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 355 #
Proposal for a directive
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 358 #
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The collecting society shall offer online music service providers the possibility of reporting the actual use of online rights in musical works, in accordance with Article 15a(1), by electronic means. The collecting society shall offer the use of a least one method of reporting which takes into account voluntary industry standards or practices developed at international or Union level for the electronic exchange of such data. The collecting society may refuse to accept reporting by the user in a proprietary format if the society allows for reporting using an industry standard for the electronic exchange of data.
Amendment 360 #
Proposal for a directive
Article 25 – paragraph 4 a (new)
Article 25 – paragraph 4 a (new)
4a. For the purposes of paragraphs 3 and 4, the collecting society shall establish a cooperation procedure with other collecting societies to ensure that the online music service provider is issued a single joint invoice as provided for in Article 15a.
Amendment 361 #
Proposal for a directive
Article 25 – paragraph 5
Article 25 – paragraph 5
5. The collecting society shall have adequate procedures in place for the online music service provider to challenge the accuracy of the invoice, including when the online music service provider receives invoices from one or more collecting societiesmore than one invoice for the same online rights in the same musical work.
Amendment 362 #
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The collecting society shall not be allowed to use rights revenue and any income derived from its investment for its own account, save that it may deduct its management fees according to the rules referred to in Article 7(5)(d).
Amendment 364 #
Proposal for a directive
Article 10 – paragraph 4 – point a
Article 10 – paragraph 4 – point a
(a) the assets shall be invested in the best interests of membrightholders; where there is any potential conflict of interest, the collecting society shall ensure that the investment is made in the sole interest of membrightholders;
Amendment 369 #
Proposal for a directive
Article 29 – paragraph 2 – subparagraph 1
Article 29 – paragraph 2 – subparagraph 1
The requested collecting society shall accept such a request within 1 month after receipt, if it is already granting or offering to grant multi- territorial licences for the same category of online rights in musical works in the repertoire of one or more other collecting societies.
Amendment 378 #
Proposal for a directive
Article 33 – paragraph 1
Article 33 – paragraph 1
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 before 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 programme.
Amendment 381 #
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Member States shall ensure that disputes between collecting societies and users concerning existing and proposed licensing conditions, tariffs, the calculation of tariffs and any refusal to grant a licence can be submitted to a court, and if appropriate, to an independent and impartial dispute resolution body.
Amendment 382 #
Proposal for a directive
Article 35 – paragraph 1 a (new)
Article 35 – paragraph 1 a (new)
1a. The administrative costs of seeking recourse to such a dispute resolution shall be reasonable.
Amendment 385 #
Proposal for a directive
Article 36 – paragraph 1 – point c
Article 36 – paragraph 1 – point c
(c) disputes with another collecting society on the application of Articles 22, 23, 24, 25, 26, 28 and 29.
Amendment 391 #
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. For the purposes of paragraph 2, measures to identify and locate rightholderthe collecting society shall put in place effective measures to identify and locate rightholders while ensuring appropriate safeguards to deter fraud. Such measures shall include verifying membership records and making available regularly and at least annually to the members of the collecting society as well as to the public a list of works and other subject matter for which one or more rightholders have not been identified or located.
Amendment 398 #
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The collecting society shall regularly, diligently and, accurately and without undue delay distribute and pay amounts due to other collecting societies.
Amendment 425 #
Proposal for a directive
Article 15 a (new)
Article 15 a (new)
Article 15a Reporting and invoicing 1. Collecting societies shall establish appropriate communication procedures allowing the user to provide all necessary information on the use of the licence, including a report on actual use of the works, to the collecting society accurately and within the deadline jointly agreed in relation to that licence. 2. Collecting societies shall establish a cooperation procedure among themselves for the benefit of their rightholders, members and users. Such a cooperation procedure shall include at least pooling of information on the licences issued and the use of works and other protected subject- matter in a common database, coordinated and joint invoicing and collection of rights revenues. 3. The cooperation procedure referred to in paragraph 2 shall enable the collecting societies to coordinate the invoicing of the users in such a way that a single user receives a single joint invoice in respect of the rights in the works and other protected subject-matter which have been licensed. The single invoice shall be transparent and shall identify the collecting societies concerned, the lists of works and other protected subject-matter which have been licensed and the corresponding actual uses. The invoice should also indicate clearly at least the proportionate amounts due to rightholders and the amounts to be used to cover management fees.
Amendment 432 #
Proposal for a directive
Article 16 – paragraph 1 – introductory part
Article 16 – paragraph 1 – introductory part
Member States shall ensure that a collecting society makes available on a rolling basis or at least once a year, by electronic means, the following information to each rightholder it represents:
Amendment 448 #
Proposal for a directive
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
Member States shall ensure that a collecting society makes the following information available, on a rolling basis or at least once a year by electronic means, to the collecting society on whose behalf it manages rights under a representation agreement for a particular period:
Amendment 455 #
Proposal for a directive
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
Amendment 456 #
Proposal for a directive
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
Amendment 461 #
Proposal for a directive
Article 18 – paragraph 2
Article 18 – paragraph 2
Amendment 472 #
Proposal for a directive
Article 19 – paragraph 1 – point f a (new)
Article 19 – paragraph 1 – point f a (new)
(fa) standard licensing contracts and applicable tariffs;
Amendment 475 #
Proposal for a directive
Article 19 – paragraph 1 – point g a (new)
Article 19 – paragraph 1 – point g a (new)
(ga) 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 on works for which one or more rightholders have not been identified.
Amendment 477 #
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 487 #
Proposal for a directive
Article 20 – paragraph 5
Article 20 – paragraph 5
Amendment 493 #
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The collecting society shall offer online music service providers the possibility of reporting the actual use of online rights in musical works, in accordance with Article 15a(1), by electronic means. The collecting society shall offer the use of a least one method of reporting which takes into account voluntary industry standards or practices developed at international or Union level for the electronic exchange of such data. The collecting society may refuse to accept reporting by the user in a proprietary format if the society allows for reporting using an industry standard for the electronic exchange of data.
Amendment 494 #
Proposal for a directive
Article 25 – paragraph 4 a (new)
Article 25 – paragraph 4 a (new)
4a. For the purposes of paragraphs 3 and 4, the collecting society shall establish a cooperation procedure with other collecting societies to ensure that the online music service provider is issued a single joint invoice as provided for in Article 15a.
Amendment 496 #
Proposal for a directive
Article 25 – paragraph 5
Article 25 – paragraph 5
5. The collecting society shall have adequate procedures in place for the online music service provider to challenge the accuracy of the invoice, including when the online music service provider receives invoices from one or more collecting societiesmore than one invoice for the same online rights in the same musical work.
Amendment 501 #
Proposal for a directive
Article 29 – paragraph 2 – subparagraph 1
Article 29 – paragraph 2 – subparagraph 1
The requested collecting society shall accept such a request within 1 month after receipt, if it is already granting or offering to grant multi- territorial licences for the same category of online rights in musical works in the repertoire of one or more other collecting societies.
Amendment 510 #
Proposal for a directive
Article 33 – paragraph 1
Article 33 – paragraph 1
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 before 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 programme.
Amendment 517 #
Proposal for a directive
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Member States shall ensure that disputes between collecting societies and users concerning existing and proposed licensing conditions, tariffs, the calculation of tariffs and any refusal to grant a licence can be submitted to a court, and if appropriate, to an independent and impartial dispute resolution body.
Amendment 520 #
Proposal for a directive
Article 35 – paragraph 1 a (new)
Article 35 – paragraph 1 a (new)
1a. The administrative costs of seeking recourse to such a dispute resolution shall be reasonable.
Amendment 530 #
Proposal for a directive
Article 36 – paragraph 1 – point c
Article 36 – paragraph 1 – point c
(c) disputes with another collecting society on the application of Articles 22, 23, 24, 25, 26, 28 and 29.