11 Amendments of Renate WEBER related to 2008/0157(COD)
Amendment 8 #
Proposal for a directive – amending act
Recital 5
Recital 5
(5) Performers generally start their careers young and the current term of protection of 50 years with regard to performances fixed in phonograms and for phonogramthe fixation of performances often does not protect their performances during their entire lifetime. Therefore, performers face an income gap at the end of their lifetimes. They are also often not able to rely on their rights to prevent or restrict objectionable uses of their performances that occur during their lifetimes.
Amendment 17 #
Proposal for a directive – amending act
Recital 7
Recital 7
(7) The term of protection for fixations of performances and for phonogramrecordings should therefore be extended to 95 years after publication of the phonogramrecording and the performance fixed therein. If the phonogramrecording or the performance fixed in a phonogramtherein has not been published within the first 50 years, then the term of protection should run for 95 years from the first communication to the public.
Amendment 35 #
Proposal for a directive – amending act
Recital 13
Recital 13
(13) Those monies should be reserved solely for the benefit of performers whose performances are fixed in a phonogram and who have transferred their rights to the phonogram producer against a one-off payment. The monies set aside in this manner should be distributed to non- featured performers at least once a year on an individual basis. Member States may requishould ensure that distribution of those monies is entrusted to collecting societies representing performers. When the distribution of those monies is entrusted to collecting societies, nNational rules on non-distributable revenues may be applied.
Amendment 45 #
Proposal for a directive – amending act
Recital 16 a (new)
Recital 16 a (new)
(16a) A third accompanying transitional measure should be a 'clean slate', in order to rebalance the contractual arrangements whereby performers transferred their exclusive rights to a producer against payment of a recurring remuneration. To this end, Member States should take appropriate legislative measures so as to ensure that the full contractual royalty or remuneration rate, unencumbered by advance payments or contractually defined deductions, be paid to the performers concerned in the extended period.
Amendment 52 #
Proposal for a directive – amending act
Recital 19 a (new)
Recital 19 a (new)
Amendment 59 #
Proposal for a directive – amending act
Article 1 – point 1
Article 1 – point 1
Directive 2006/116/EC
Article 3 – paragraph 1 – sentence 2
Article 3 – paragraph 1 – sentence 2
However, - if a fixation of the performance otherwise than in a phonograph is lawfully published or lawfully communicated to the publichas been lawfully published within this period, the said rights shall expire 950 years from the date of the first suchlawful publication or the first such communication to the public, whichever is the earlier, - if a fixation of the performance in a phonograph is lawfully published or. If no lawful publication has taken place within the period mentioned in the first sentence, and if a fixation of the performance has been lawfully communicated to the public within this period, the said rights shall expire 95 years fromafter the date of the first such publication or the first suchlawful communication to the public, whichever is the earlier.
Amendment 74 #
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 1
Article 10a – paragraph 1
1. In the absence of clear indications to the contrary, a contract, concluded before [insert date before which Member States are to transpose the amending directive, as mentioned in Article 2 below], whereby a performer has transferred or assigned his rights in the fixation of his performance to a phonogram producer (hereinafter: a "contract on transfer or assignment"), shall be deemed to continue to produce its effects beyond the moment at which, by virtue of Article 3 (1) and (2) in their version before amendment by Directive [// insert: Nr. of this amending directive], the performer and the phonogram producer would be no longer protected in regard of, respectively, the fixation of the performance and the phonogramrecording.
Amendment 82 #
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 4 –subparagraph 2
Article 10a – paragraph 4 –subparagraph 2
Amendment 96 #
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 6 –subparagraph 1
Article 10a – paragraph 6 –subparagraph 1
6. If, after the moment at which, by virtue of Article 3 (1) and (2) in their version before amendment by Directive [// insert: Nr. of this amending directive]/EC, the performer and the phonogram producer would be no longer protected in regard of, respectively, the fixation of the performance and the phonogram, the phonogram producer ceases to offer copies of the phonogram for sale in sufficient quantity or to make it available to the public, by wire or wireless means, in such a way that members of the public may access them from a place ant at a time individually chosen by them, the performer may terminate the contract on transfer or assignment. Where a phonogram contains the fixation of the performances of a plurality of performers, they may terminate their contracts on transfer or assignment only jointeither jointly or individually. If the contract on transfer or assignment is terminated pursuant to sentences 1 or 2, the rights of the phonogram producer in the phonogram shall expire.
Amendment 101 #
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 6 –subparagraph 2
Article 10a – paragraph 6 –subparagraph 2
If, onfive years after the moment at which, by virtue of Article 3 (1) and (2) in their version before amendment by Directive [// insert: Nr. of this amending directive]/EC, the performer and the phonogram producer would be no longer protected in regard of, respectively, the fixation of the performance and the phonogram, the phonogram is not made available to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them, the rights of the phonogram producer in the phonogram and the rights of the performers in relation to the fixation of their performance shall expire.
Amendment 103 #
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 6 a (new)
Article 10a – paragraph 6 a (new)
6a. Member States shall take appropriate measures so as to ensure that the full contractual royalty or remuneration rate, unencumbered by advance payments or contractually defined deductions, be paid, in the extended period, to performers whose exclusive rights have been transferred to a producer against payment of a recurring remuneration.