BETA

7 Amendments of Neena GILL related to 2008/0157(COD)

Amendment 13 #
Proposal for a directive – amending act
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.deleted
2008/12/09
Committee: JURI
Amendment 49 #
Proposal for a directive – amending act
Recital 17 a (new)
(17a) Among the accompanying transitional measures is also 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 also for the on- demand use of broadcast productions.
2008/12/09
Committee: JURI
Amendment 53 #
Proposal for a directive – amending act
Article 1 – point 1
Directive 2006/116/EC
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 fixation of the performance in a phonograph is lawfully published or lawfully communicated to the 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."deleted
2008/12/09
Committee: JURI
Amendment 61 #
Proposal for a directive – amending act
Article -1 – point 2
Directive 2006/116/EC
Article 3 – paragraph 2
(2) In the second and third sentence of Article 3(2) the cipher "50" is replaced by the cipher "95"deleted
2008/12/09
Committee: JURI
Amendment 68 #
Proposal for a directive – amending act
Article 1 – point 3
Directive 2006/116/EC
Article 10 – paragraph 5
(3) In Article 10 the following paragraph 5 is inserted: "5. Article 3 (1) and (2) in their version as amended by Directive [// insert: Nr. of the amending directive] shall continue to apply only to fixations of performances and phonograms in regard of which the performer and the phonogram producer are still protected, by virtue of these provisions, on [insert date before which Member States are to transpose the amending directive, as mentioned in Article 2 below]."deleted
2008/12/09
Committee: JURI
Amendment 86 #
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 the 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
Amendment 100 #
Proposal for a directive – amending act
Article 1 – point 4
Directive 2006/116/EC
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.
2008/12/09
Committee: JURI