4 Amendments of Cristiana MUSCARDINI related to 2008/0157(COD)
Amendment 28 #
Proposal for a directive – amending act
Recital 11
Recital 11
(11) A first accompanying transitional measure should be that phonogram producers are under an obligation to set aside, at least once a year, at least 20 percent of the net revenues from the exclusive rights of distribution, reproduction and making available of phonograms which, in the absence of the extension of the term of protection as a result of lawful publication or lawful communication, would be in the public domain.
Amendment 38 #
Proposal for a directive – amending act
Recital 15
Recital 15
(15) A second accompanying transitional measure should be that rights in the fixation of the performance should revert to the performer if a phonogram producer refrains fromno longer offerings for sale in sufficient quantity copies of at least one version of a phonogram which, but for the term extension, would be in the public domain or from makingmakes at least one version of such a phonogram available to the public, the performer may request him to do so, and if the producer does not within a reasonable time agree to fulfil his request, the performer may terminate the assignment of the rights in the fixation of that performance. As a consequence, the rights of the phonogram producer in theat phonogram should expire, in order to avoid a situation in which these rights would coexist with those of the performer in the fixation of the performance whilst the latter rights are no longer transferred or assigned to the phonogram producer.
Amendment 79 #
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 4 - subparagraph 1
Article 10a – paragraph 4 - subparagraph 1
4. The overall amount to be dedicated by a phonogram producer to payments of the supplementary remuneration referred to in paragraph 3 shall correspond to at least 20 percent of the net revenues which he has derived, during the year preceding that for which the said remuneration is paid, from the reproduction, distribution and making available of those phonograms in regard of 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 on 31 December of the said year.
Amendment 92 #
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 the 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 tono longer offers copies of at least one version of the phonogram for sale in sufficient quantity or to make it s available to the public, by wire or wireless means, at least one version of the phonogram, in such a way that members of the public may access ithem from a place and at a time individually chosen by them, the performer may terminate the contract or transfer the assignmentrequest to the producer to do so, and if the producer does not within a reasonable time agree to fulfil his request , the performer may terminate the assignment of rights in that phonogram. Where a phonogram contains the fixation of the performances of a plurality of performers, they may terminate their contracts on transfer or assignment only jointly. If the contract on transfer or assignment is terminated pursuant to sentences 1 and 2, the rights of the phonogram producer in theat phonogram shall expire.