6 Amendments of Bert DOORN related to 2008/0157(COD)
Amendment 6 #
Proposal for a directive – amending act
Recital 5
Recital 5
(5) Performers generally start their careers young and the current term of protection of 50 years with regard to performances fixed in phonograms and for phonograms often does not protect their performances during their entire lifetime. Therefore, performers face an income gap at the end of their lifetimes. They are also often not able to rely on their rights to prevent or restrict objectionable uses of their performances that occur during their lifetimes. Therefore, a regime is herewith provided wherein protection of the work expires either 50 years after fixation or communication to the public, or with the decease of the performing artist, whichever period is the longer.
Amendment 12 #
Proposal for a directive – amending act
Recital 7
Recital 7
Amendment 56 #
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 - 50 years from the date of the first such publication or the first such communication to the public, whichever is the earlier,; or - at the moment of decease of the performing artist whichever period is the longer. - 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 95- 50 years from the date of the first such publication or the first such communication to the public, whichever is the earlier; - at the moment of decease of the performing artist whichever period is the longer.
Amendment 60 #
Proposal for a directive – amending act
Article 1 – point 2
Article 1 – point 2
Directive 2006/116/EC
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 69 #
Proposal for a directive – amending act
Article 1 – point 3
Article 1 – point 3
Directive 2006/116/EC
Article 10 – paragraph 5
Article 10 – paragraph 5
Amendment 99 #
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.