Activities of Eva LICHTENBERGER related to 2008/0157(COD)
Plenary speeches (1)
Term of protection of copyright and related rights (debate)
Legal basis opinions (0)
Amendments (8)
Amendment 3 #
Proposal for a regulation – amending act
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The European Parliament rejects the Commission proposal.
Amendment 10 #
Proposal for a directive – amending act
Recital 5 a (new)
Recital 5 a (new)
(5a) The Commission should lunch an impact assessment procedure to consider whether there is a need to extend the term of protection that currently applies in the audiovisual sector (artists performers, producers and broadcasters).
Amendment 14 #
Proposal for a directive – amending act
Recital 7
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. If the performer is still alive at the end of the existing period of protection under Directive 2006/116/EC, the performance rights shall continue for the rest of the performer's life.
Amendment 23 #
Proposal for a directive – amending act
Recital 9
Recital 9
(9) For the sake of legal certainty it should be provided that in the absence of clear indications to the contrary, a contractual transfer or assignment of rights in the fixation of the performance concluded before the date by which Member States are to adopt measures implementIn order to ensure that performers, rather than record producers, benefit from the extended term, it should be provided that any existing contract purporting to assign any extension ing the directive shall continucopyright term shall have tno produce its effects foreffect as regards the extended tpermiod from 50 years to life.
Amendment 34 #
Proposal for a directive – amending act
Recital 13
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 require that distribution of those monies is entrusted to collecting societies representing performers. When the distribution of those monies is entrusted to collecting societies, national rules on non- distributable revenues may be applied. According to the principles stated in the UNESCO Universal Declaration on Cultural Diversity, collecting societies have to play their fundamental role in preserving cultural diversity.
Amendment 57 #
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, - 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. However, if at the end of this period, a performer is alive, the rights of that performer shall continue to subsist until the date of his or her death.
Amendment 64 #
Proposal for a directive – amending act
Article 1 – point 2 a(new)
Article 1 – point 2 a(new)
Directive 2006/116/EC
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
(2a) In Article 3 the following paragraph 2a shall be inserted: (2a) If the fixation of a performance on a phonogram has at any time been made available to the public through the sale of copies or otherwise, or communicated to the public, but that phonogram ceases to be 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 for a period of three years, the performers whose performances are embodied in that phonogram shall be entitled to call upon the phonogram producer to transfer all rights in the phonogram and all rights in the performances to the performers. If the holder of such rights fails to transfer the rights voluntarily within 3 months of receiving such a request, the rights shall be deemed to be so vested. No compensation shall be payable. Where a phonogram embodies the performances of more than one performer, this right may be exercised by all the performers collectively or by any individual performer, but where the right is exercised by an individual performer the rights must be vested in a collecting society.
Amendment 72 #
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a
Article 10a
1. In the absence of clear indications to the contrary, a contract, concluded before [insert date before which Member States are to transpose the amending directive, as mentioned in Article 2 below], whereby a performer has transferred or assigned his rights in the fixation of his performance to a phonogram producer (hereinafter: a "contract on transfer or assignment"), shall be deemed to continue to produce its effects beyond 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], the performer and the phonogram producer would be no longer protected in regard of, respectively, the fixation of the performance and the phonogram. 2. Paragraphs 3 to 6 of this article shall apply to contracts on transfer or assignment which continue to produce their effects beyond 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. 3. Where a contract on transfer or assignment gives the performer a right to claim a non recurring remuneration, the performer shall have the right to obtain an annual supplementary remuneration from the phonogram producer for each full year in which, by virtue of Article 3 (1) and (2) in its 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. 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 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. 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. 5. Member States may regulate whether and to what extent administration by collecting societies of the right to obtain an annual supplementary remuneration referred to in paragraph 3 may be imposed. 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 ant 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 jointly. 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. If, one year 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 expireA contract, concluded before [insert date before which Member States are to transpose the amending directive, as mentioned in Article 2 below], whereby a performer has transferred or assigned his rights other than to a collecting society in the fixation of his performance to a phonogram producer (hereinafter: a "contract of transfer or assignment"), shall be deemed not to produce any effect beyond the moment at which, by virtue of Article 3 (1) in their version before amendment by Directive [// insert: Nr. of this amending directive], the performer would be no longer protected in regard of, respectively, the fixation of the performance. 2. Where a performer has not transferred the management of his rights to a collecting society as regards the additional term of protection that is conferred as a result of this Directive, the collecting society which manages rights of the same category shall be deemed to be mandated to manage his rights. The performer shall retain his moral rights. 3. The collecting society shall distribute revenues it receives from the exploitation of phonograms equitably, and in such a manner as to reflect the nature and extent of the contribution of each performer whose protected performance is embodied in a phonogram.