BETA

9 Amendments of Malcolm HARBOUR related to 2008/0157(COD)

Amendment 4 #
Proposal for a directive – amending act
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 phonogramthe fixation of performances 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.
2008/11/13
Committee: IMCO
Amendment 6 #
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 firstr communication to the public.
2008/11/13
Committee: IMCO
Amendment 12 #
Proposal for a directive – amending act
Recital 12
(12) The first transitional accompanying measure should not entail a disproportionate administrative burden on small and medium sized phonogram producers. Therefore, Member States shall be free to exempt certain phonogram producers who are deemed small and medium by reason of the annual revenue achieved with the commercial exploitations of phonograms.deleted
2008/11/13
Committee: IMCO
Amendment 14 #
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.
2008/11/13
Committee: IMCO
Amendment 15 #
Proposal for a directive – amending act
Recital 14 a (new)
(14a) In order to rebalance contracts under which performers transfer their exclusive rights, on a royalty basis, to a phonogram producer, a further condition attached to term extension should be a 'clean slate' for those performers who have assigned those rights to phonogram producers in return for royalties or remuneration. In order for performers to benefit fully from the extended term of protection, Member States should ensure that, under agreements between phonogram producers and performers, a royalty unencumbered by advance payments or contractually defined deductions is paid to performers during the extended period.
2008/11/13
Committee: IMCO
Amendment 18 #
Proposal for a directive – amending act
Article 1 – point 1
Directive 2006/116/EC
Article 3 – paragraph 1 – indent 1
- 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,
2008/11/13
Committee: IMCO
Amendment 24 #
Proposal for a directive – amending act
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 4 – subparagraph 2
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 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.deleted
2008/11/13
Committee: IMCO
Amendment 25 #
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.
2008/11/13
Committee: IMCO
Amendment 28 #
Proposal for a directive – amending act
Article 1 – point 4
Directive 2006/116/EC
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 antd 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 jointlyin accordance with the applicable national laws. 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.
2008/11/13
Committee: IMCO