BETA

8 Amendments of Ruth HIERONYMI related to 2008/0157(COD)

Amendment 11 #
Proposal for a directive – amending act
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.
2008/11/12
Committee: CULT
Amendment 16 #
Proposal for a directive – amending act
Recital 17 a (new)
(17a) Among the accompanying transitional measures is the mandatory collective exercise of the rights of performers and phonogram producers concerning on-demand services by broadcasters of their radio or television productions of which music from lawfully published phonograms is an integral part. This system of collective rights management complements the remuneration regime for the broadcasting of lawfully published phonograms under Article 8(2) of Directive 2006/115/EC and guarantees that, throughout the full term of protection of lawfully published phonograms, the relevant performers and phonogram producers receive a fair share of the remuneration for the on-demand use of broadcast productions.
2008/11/12
Committee: CULT
Amendment 20 #
Proposal for a directive – amending act
Article 1 – point 1
Directive 2006/116/EC
Article 3 – paragraph 1
The second sentence of Article 3(1) ishall be replaced by the following: "However, - if a fixation of the performance otherwise than in a phonograph is lawfully published or lawfully communicated to the publicThe rights of performers shall expire 50 years from the date of the performance. However, if a fixation of the performance is lawfully published within this period, these 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 or. If no lawful publication has taken place within this period, and if a fixation of the performance has been lawfully communicated to the public within this period, these rights shall expire 95 years fromafter the date of the first such publication or the first such communication to the public, whichever is the earlierlawful communication to the public. This paragraph shall not have the effect of protecting anew the rights of performers where, through the expiry of the term of protection granted them pursuant to Article 3(1) of Directive 2006/116/EC in its version before amendment by Directive [// insert: Nr. of this amending directive]/EC, they were no longer protected on [insert date before which Member States are to transpose the amending directive, as mentioned in Article 2 below]."
2008/11/12
Committee: CULT
Amendment 21 #
Proposal for a directive – amending act
Article 1 – point 4
Directive 2006/116/EC
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.
2008/11/12
Committee: CULT
Amendment 22 #
Proposal for a directive – amending act
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 5 a (new)
5a. Collecting societies shall distribute those remunerations on an individual basis and taking into account the use of each performer’s performances.
2008/11/12
Committee: CULT
Amendment 23 #
Proposal for a directive – amending act
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 5 a (new)
5a. With respect to the administration of rights concerning on-demand services by broadcasters of their radio or television productions incorporating music from lawfully published phonograms, Member States shall ensure that the rights of performers and phonogram producers to grant or refuse authorization for such use may be exercised only through the collecting society which has been established for collecting and distributing the remuneration for broadcasting such phonograms.
2008/11/12
Committee: CULT
Amendment 48 #
Proposal for a directive – amending act
Recital 17 a (new)
(17a) Among the accompanying transitional measures is the mandatory collective exercise of the rights of performers and phonogram producers concerning on-demand services by broadcasters of their radio or television productions of which music from lawfully published phonograms is an integral part. This system of collective rights management complements the remuneration regime for the broadcasting of lawfully published phonograms under Article 8(2) of Directive 2006/115/EC and guarantees that, throughout the full term of protection of lawfully published phonograms, the relevant performers and phonogram producers receive a fair share of the remuneration for the on-demand use of broadcast productions.
2008/12/09
Committee: JURI
Amendment 88 #
Proposal for a directive – amending act
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 5 a (new)
5a. With respect to the administration of rights concerning on-demand services by broadcasters of their radio or television productions incorporating music from lawfully published phonograms, Member States shall ensure that the rights of performers and phonogram producers to grant or refuse authorization for such use may be exercised only through the collecting society which has been established for collecting and distributing the remuneration for broadcasting such phonograms.
2008/12/09
Committee: JURI