8 Amendments of Robert ROCHEFORT related to 2015/0284(COD)
Amendment 28 #
Proposal for a regulation
Recital 2
Recital 2
(2) The technological development leading to a proliferation of portable devices such as tablets and smartphones increasingly facilitates the use of online content services by providing access to them regardless of the consumers’ location. There is a rapidly growing demand on the part of consumers for access to content and innovative online services not only in their home country but also when they are temporarily present. Access to online content services should therefore be made easier for subscribers temporarily present in a Member State of the Union other than their Member State of residence. The concept of ‘temporary presence’ should be tailored to the objective of this Regulation, namely to provide cross-border portability of online content services to subscribers residing temporarily in another EU Member State of the Unionwho return regularly to their Member State of residence.
Amendment 42 #
Proposal for a regulation
Recital 3
Recital 3
(3) Consumers increasingly enter into contractual arrangements with service providers for the provision of online content services. However, consumers that are temporarily present in another Member State of the Union often cannot access and use the online content services that they have acquired the right to use in their home countryMember State of residence.
Amendment 49 #
Proposal for a regulation
Recital 6
Recital 6
(6) Therefore, increasingly, online content services are marketed in a package in which content which is not protected by copyright and/or related rights is not separable from content which is protected by copyright and/or related rights without substantially lessening the value of the service provided to consumers. This is especially the case with premium content such as sporting or other events of significant interest to consumers. In order to enable service providers to deliver to consumers, when the latter are temporarily present in a Member State other than their Member State of residence, full access to their online content services, it is indispensable that this Regulation also covers such content used by online content services and therefore that it applies to audiovisual media services within the meaning of Directive 2010/13/EU as well as to transmissions of broadcasting organisations in their entirety.
Amendment 52 #
Proposal for a regulation
Recital 10
Recital 10
(10) The acquisition of a licence for the relevant rights is not always possible, notably when rights in content are licensed on an exclusive basis. In order to ensure the territorial exclusivity, online service providers often undertake, in their licence contracts with right holders, including broadcasting organisations or events organisers, to prevent their subscribers from accessing and using their service outside the territory for which the service provider holds the licence. These contractual restrictions imposed on service providers require providers to take measures such as disallowing access to their services from IP addresses located outside the territory concerned. Therefore, one of the obstacles to the cross-border portability of online content serviWithout violating the principle of territoriality, this Regulation should meet the demand for portability acces is to be found in the contracts concluded between the online service providers and their subscribers, which in turn reflect the territorial restriction clauses included in contracts concluded between those service providers and right holdersonline content services for any subscriber temporarily present in a Member State other than his or her Member State of residence.
Amendment 54 #
Proposal for a regulation
Recital 12
Recital 12
(12) Therefore, the objective of this Regulation is to adapt the legal framework in order to ensure that the licensing of rights no longer presents barriers to cross-border portability of online content services in the Union andconcerning copyright and related rights with a view to bringing about a common approach to the provision of online content services to subscribers temporarily present in a Member State other than their Member State of residence. The concept of cross-border portability should be clearly distinguished from that theof cross- border portability can be ensuredaccess, which does not lie within the scope of this Regulation.
Amendment 143 #
Proposal for a regulation
Article 1
Article 1
This Regulation introduces a common approach in the Union to ensuring that subscribers to online content services in the Union,ir Member State of residence can access and use these services when temporarily present in another Member State, can access and use these servisubject to effective prior verification of their Member State of residences.
Amendment 161 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) “Member State of residence” means the Member State where the subscriber is habitually residingand actually residing and to which he or she returns regularly;
Amendment 167 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) “Temporarily present in a Member State” means a presence of a subscriber in a Member State other than the Member State of residence on a non-permanent basis;