3 Amendments of Pia Elda LOCATELLI related to 2008/0157(COD)
Amendment 31 #
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 public within this period, the rights shall expire 950 years from the date of the first such 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 orno 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, these rights shall expire 95 years from the date of the first such publication or the first suchlawful communication to the public, whichever is the earlier of the performance.
Amendment 47 #
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 expire.
Amendment 51 #
Proposal for a directive – amending act
Article 1 – point 4 a (new)
Article 1 – point 4 a (new)
Directive 2006/116/EC
Article 10a a (new)
Article 10a a (new)
(4a) The following article shall be inserted: "Article 10aa Where a performer has transferred or assigned the exclusive right to authorise or prohibit the making 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, of the fixation of his performance, that performer shall retain the right to obtain an equitable remuneration to be paid by the user for the making available to the public of his fixed performance. The right of the performer to obtain an equitable remuneration for the making available to the public of his performance cannot be waived. This remuneration is collected and administered by a performers’ collecting society."