4 Amendments of Nicolae Vlad POPA related to 2008/0157(COD)
Amendment 58 #
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 5100 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 or lawfully communicated to the public within this period, the rights shall expire 95100 years from the date of the first such publication or the first such communication to the public, whichever is the earlier.
Amendment 76 #
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 4
Article 10a – paragraph 4
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 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. Member States may provide that a phonogram producer whose total annual revenue, during the year preceding that for which the said remuneration is paid, does not exceed a minimum threshold of € 2 million, shall not be obliged to dedicate at least 230 percent of the 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 89 #
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, or ceases to apply effective technological measures in order to avoid circumvention the performer may terminate the contract on transfer or assignment only after a notice of at least 10 days. 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 104 #
Proposal for a directive – amending act
Article 1 – point 5
Article 1 – point 5
Directive 2006/116/EC
Article 1 – paragraph 7
Article 1 – paragraph 7
"The term of protection of a musical composition with words shall expire on the death of the third degree heir of the author or 70 years after the death of the last of the following persons to survive, whichever comes later, whether or not these persons are designated as co-authors: the author of the lyrics and the composer of the music"