14 Amendments of David HAMMERSTEIN related to 2008/0157(COD)
Amendment 15 #
Proposal for a directive – amending act
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The European Parliament rejects the Commission proposal.
Amendment 17 #
Proposal for a directive – amending act
Recital 7
Recital 7
(7) The term of protection for fixations of performances and for phonograms should therefore be extended to 95 years after publication of the phonogram and the performance fixed therein. If the phonogram or the performance fixed in a phonogram 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. If the performer is still alive at the end of the current period of protection under Directive 2006/116/EC, the performer's rights shall continue to be protected in the performer's lifetime.
Amendment 21 #
Proposal for a directive – amending act
Recital 9
Recital 9
(9) For the sake of legal certainty it should be provided that in the absence of clear indications to the contrary, a contractual transfer or assignment of rights in the fixatIn order to ensure that performers, rather than record producers, benefit from the extended term of protection, the Directive should provide that any contract in force assigning any extension of the pterformance concluded before the date by which Member Statem of protection shall have no effect as are to adopt measures implementing the directive shall continue to produce its effects for the extended termgards the extended protection term from 50 years to the lifetime of the performer.
Amendment 25 #
Proposal for a directive – amending act
Recital 14 a (new)
Recital 14 a (new)
(14a) This Directive should provide for the re-assessment of the legal protection of performers. The digital environment provides new possibilities for exploitation of protected content, which should benefit all rights holders. To achieve that goal, impact assessments should be conducted at the Community level and by Member States in order to estimate how the legal protection of performers should be improved, notably with the introduction of an exclusive right of making available to the public to the benefit of performers, for the exploitation of their performances in such a way that members of the public may access them from a place and at a time individually chosen by them (i.e. “on demand” services). In the framework of such assessments, particular attention should be given to the practical administration of claims for equitable remuneration for performers (such as quantification of financial benefits; and responsibility for remuneration). Rules and obligations laid down in the relevant international conventions should also be carefully considered.
Amendment 29 #
Proposal for a directive – amending act
Recital 19 a (new)
Recital 19 a (new)
(19a) If necessary, Member States should ensure that the extension of the term of protection of performers' rights is accompanied by legislative provisions that offer protection to performers for fair contractual terms on transfer or assignment.
Amendment 30 #
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
(1) The second sentence of Article 3(1) is replaced by the following: "However, - if a fixation of the performance otherwise than in a phonograph is lawfully published or lawfully communicated to the public within this period, the rights shall expire 50 years from the date of the first such publication or the first such communication to the public, whichever is the earlier, - if a fixationA the end of Article 3(1) the following sentence shall be added: "However, if at the end of this period, a performer is alive, the rights of theat performance in a phonograph is lawfully published or lawfuer shally communicatedntinue to thbe public within this period, the rights shall expire 95 years from the date of the first such publication or the first such communication to the public, whichever is the earlier.rotected in the performer's lifetime."
Amendment 32 #
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 2006/116/EC
Article 3 – paragraph 2 − sentences 2 and 3
Article 3 – paragraph 2 − sentences 2 and 3
(2) In the second and third sentence of Article 3(2) the cipher "50" is replaced by the cipher "95" At the end of Article 3(2) the following subparagraphs shall be inserted: "If the fixation of a performance on a phonogram has at any time been made available to the public through the sale of copies or otherwise, or communicated to the public, but that phonogram ceases to be 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 for a period of three years, the performers whose performances are embodied in that phonogram shall be entitled to require the phonogram producer to transfer all rights in the phonogram and all rights in the performances to the performers. If the holder of such rights fails to transfer the rights voluntarily within three months of receiving such a request, the rights shall be deemed to be so vested in the performers. No compensation shall be payable. Where a phonogram embodies the performances of more than one performer, this right may be exercised by all the performers collectively or by any individual performer, but where the right is exercised by an individual performer the rights must be vested in a collecting society."
Amendment 34 #
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, aA 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 other than to a collecting society in the fixation of his performance to a phonogram producer (hereinafter: a "contract onf transfer or assignment"), shall be deemed to continuenot to produce itsany 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 phonogram.
Amendment 35 #
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 2
Article 10a – paragraph 2
2. Paragraphs 3 to 6 of this article shall apply to contracts on transfer or assignment which continue to produce their effects beyond the moment at which, by virtue of Article 3 (1) and (2) in their version befoWhere a performer has not transferred the management of his rights to a collecting society as regards the additional term of protection that is conferred amendment by Directive [// insert: Nr. of this amending ds a result of this Directive]/EC, the performer and the phonogram producer would be no longer protected in regard of, respectively, the fixation of the performance and the phonogramcollecting society which manages rights of the same category shall be deemed to be mandated to manage his rights. The performer shall retain his moral rights.
Amendment 38 #
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 3
Article 10a – paragraph 3
3. Where a contract on transfer or assignment gives the performer a right to claim a non recurring remuneration, the performer shall have the right to obtain an annual supplementary remuneration from the phonogram producer for each full year in which, by virtue of Article 3 (1) and (2) in its 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 theThe collecting society shall distribute the revenues received from the exploitation of phonograms equitably, and in such a manner as to reflect the nature and extent of the contribution of each performer whose protected performance is embodied in a phonogram.
Amendment 39 #
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 4-6
Article 10a – paragraph 4-6
Amendment 43 #
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 5
Article 10a – paragraph 5
5. Member States may regulate whether and to what extent administration by collecting societies ofshall ensure that the right to obtain an annual supplementary remuneration referred to in paragraph 3 may be imposedis administered by the collecting society.
Amendment 49 #
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 jointly. 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 expireindividually or jointly.
Amendment 50 #
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. "