5 Amendments of Robert ROCHEFORT related to 2012/0180(COD)
Amendment 69 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) In implementing the provisions of the Directive, account should be taken of the specificity of each sector. In particular, the Directive should take into account the fact that, in the audiovisual sector, generally characterised by an unbalanced relationship between authors and producers, collective management is the preferred way to ensure fair remuneration for authors. This means that collecting societies which administer authors’ rights in the audiovisual sector must be able to anticipate a group authorisation to manage rights without any distinction of category. They should also be allowed to regulate the withdrawal conditions for authors in so far as is necessary to ensure their task of pooling management costs for the benefit of all authors and defending and promoting cultural diversity and legal certainty for users.
Amendment 114 #
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Rightholders shall have the right to authorise a collecting society of their choice to manage the rights, categories of rights or types of works and other subject matter of their choice, for the Member States of their choice, irrespective of the Member State of residence or of establishment or the nationality of either the collecting society or the rightholder.
Amendment 115 #
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 a (new)
Article 5 – paragraph 2 – subparagraph 1 a (new)
For collecting societies which manage copyright in the audiovisual field, Member States may provide for measures authorising their general meeting to ask rightholders to entrust them with the management of a combination of rights, types of works and other subject matter of their choice.
Amendment 124 #
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Rightholders shall have the right to terminate the authorisation to manage rights, categories of rights or types of works and other subject matter granted to a collecting society or to withdraw from a collecting society any of the rights or categories of rights or types of works and other subject matter of their choice, for the Member States of their choice, upon serving reasonable notice not exceeding six months. The collecting society 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 125 #
Proposal for a directive
Article 5 – paragraph 3 – subparagraph 1 a (new)
Article 5 – paragraph 3 – subparagraph 1 a (new)
Under competition law, Member States may provide for measures allowing collecting societies to adopt adjusted detailed rules aimed at restricting the scope for rightholders to go back and forth in an objectively abusive manner. .