7 Amendments of Herbert REUL related to 2008/0157(COD)
Amendment 23 #
Proposal for a directive – amending act
Recital 11
Recital 11
(11) A first accompanying transitional measure should be that phonogram producers are under an obligation to set aside, at least once a year, at least 20 percent of the net revenues from the exclusive rights of distribution, reproduction and making available of phonograms which, in the absence of the extension of the term of protection as a result of lawful publication or lawful communication, would be in the public domain.
Amendment 27 #
Proposal for a directive – amending act
Recital 15
Recital 15
(15) A second accompanying transitional measure should be that the rights in the fixation of the performance should revert to the performer if a phonogram producer refrains fromno longer offerings for sale in sufficient quantity copies of at least one version of a phonogram which, but for the term extension, would be in the public domain or from makingmakes at least one version of such a phonogram available to the public, the performer may request that producer to do so, and if the producer does not within a reasonable time agree to fulfil this request, the performer may terminate the assignment of the rights in the fixation of that performance. As a consequence, the rights of the phonogram producer in theat phonogram should expire, in order to avoid a situation in which these rights would coexist with those of the performer in the fixation of the performance whilst the latter rights are no longer transferred or assigned to the phonogram producer.
Amendment 28 #
Proposal for a directive – amending act
Recital 17 a (new)
Recital 17 a (new)
(17a) The accompanying transitional measures should include a provision to the effect that it should be mandatory for the rights of performers and phonogram producers concerning on-demand services by broadcasters relating to radio or television productions containing music from lawfully produced phonograms to be administered by collecting societies; this system of exercising rights on a collective basis should complement the remuneration regime for the broadcasting of lawfully published phonograms under Article 8(2) of Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property1 while also ensuring 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.------------------- --- 1 OJ L 376 of 27.12.2006, p. 28.
Amendment 41 #
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 4 – subparagraph 1
Article 10a – paragraph 4 – subparagraph 1
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 net 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 42 #
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 4 – subparagraph 2
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, and who does not distribute his phonograms through societies exceeding this annual revenue threshold, 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.
Amendment 45 #
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 5 a (new)
Article 10a – paragraph 5 a (new)
Amendment 46 #
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 the 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 tono longer offers copies of at least one version of the phonogram for sale in sufficient quantity or to make its available to the public, by wire or wireless means, at least one version of the phonogram, in such a way that members of the public may access ithem from a place antd at a time individually chosen by them, the performer may terminate the contract on transfer or assignmentrequest the producer to do so, and if the producer does not within a reasonable time agree to this request , the performer may terminate the assignment of rights in that phonogram. 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 orand 2, the rights of the phonogram producer in theat phonogram shall expire.