BETA

Activities of Sharon BOWLES related to 2008/0157(COD)

Plenary speeches (2)

2016/11/22
Dossiers: 2008/0157(COD)

2016/11/22
Dossiers: 2008/0157(COD)

Amendments (21)

Proposal for a directive – amending act
Recital 7

(7) The term of protection for fixations of performances ~~and for phonograms~~ should therefore be able to 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 publicin the event of inadequate remuneration. Application for such an extension should be the right of the performer or their estate and shall be made to OHIM. Simple rules of instances that prima facie qualify for extension should be made.

2008/12/09
Committee: JURI

Proposal for a directive – amending act
Recital 7 a (new)

(7a) During the extended period of copyright there should be licenses of right. Furthermore, there should be free licenses of right for certain instances of playing in public or communicating to a public who are present where no more than 250 people are expected to attend. There should be no levy in respect of any private copying.

2008/12/09
Committee: JURI

Proposal for a directive – amending act
Recital 8

(8) Upon entering into a contractual relationship with a phonogram producer, performers normally have to transfer to the phonogram producers their exclusive rights of reproduction, distribution, rental and making available of fixations of their performances. In exchange, performers are paid an advance on royalties and enjoy payments only once the phonogram producer has recouped the initial advance and made any contractually defined deductions. Performers who play in the background and do not appear in the credits ("non-featured performers") usually transfer their exclusive rights against a one-off payment (non recurring remuneration).deleted

2008/12/09
Committee: JURI

Proposal for a directive – amending act
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 implementing the directive shall continue to produce its effects for the extended term.deleted

2008/12/09
Committee: JURI

Proposal for a directive – amending act
Recital 10

(10) In order to ensure that performers who have transferred their exclusive rights to phonogram producers before the extension of the term of protection actually benefit from that extension, a series of accompanying transitional measures should be introduced. These measures should apply to contracts between performers and phonogram producers which actually continue to produce their effects for the extended term.deleted

2008/12/09
Committee: JURI

Proposal for a directive – amending act
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 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.deleted

2008/12/09
Committee: JURI

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

2008/12/09
Committee: JURI

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 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.deleted

2008/12/09
Committee: JURI

Proposal for a directive – amending act
Recital 14

(14) However, Article 5 of Directive 2006/115 on rental right and lending right and on certain rights related to copyright in the field of intellectual property already grants performers an unwaivable right to equitable remuneration for the rental, inter alia, of phonograms. Likewise, in contractual practice performers do not usually transfer to phonogram producers their rights to claim a single equitable remuneration for broadcasting and communication to the public under Article 8(2) of Directive 2006/115/EC and to fair compensation for reproductions for private use under Article 5(2)(b) of Directive 2001/29/EC. Therefore, in the calculation of the overall amount to be dedicated by a phonogram producer to payments of the supplementary remuneration, no account should be taken of revenues which the phonogram producer has derived from the rental of phonograms and from a single equitable remuneration for broadcasting and communication to the public and fair compensation for private copying should.deleted

2008/12/09
Committee: JURI

Proposal for a directive – amending act
Recital 15

(15) A ~~second~~n accompanying transitional measure should be that the rights in the fixation of the performance should revert to the performer if a phonogram producer refrains from offering for sale in sufficient quantity copies of a phonogram which, but for the term extension, would be in the public domain or from making such a phonogram available to the public. As a consequence, the rights of the phonogram producer in the 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.

2008/12/09
Committee: JURI

Proposal for a directive – amending act
Recital 16

(16) This accompanying measure should also ensure that a phonogram is no longer protected once it is not made available to the public after a certain period of time following the term extension, because rightholders do not exploit it or because the phonogram producer or the performers cannot be located or identified. If, upon reversion, the performer has had a reasonable period of time to make available to the public the phonogram which, but for the term extension, would be no longer protected, the phonogram is not made available to the public, the rights in the phonogram and in the fixation of the performance should expire. The expiry of an extension shall be published on the OHIM website, and after lapse of a sufficient time the record may then be removed.

2008/12/09
Committee: JURI

Proposal for a directive – amending act
Recital 16 a (new)

(16a) In order to encourage performers to be remunerated during the existing 50 year term, it is desirable for all new contracts to contain a provision enabling performers to be granted right to exploit phonograms personally or, as the case may be, jointly with co-performers, if the phonogram ceases to be made available to the public for a period of five years.

2008/12/09
Committee: JURI

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

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

Proposal for a directive – amending act
Article 1 – point 2 a (new)

Directive 2006/116/EC
Article 3 – paragraph 2 a (new)

(2a) In Article 3 the following paragraph 2a shall be inserted: (2a) Extension on grounds of inadequate remuneration An extension of the term of copyright to 95 years may be made on the basis of inadequate remuneration to the performer. An application for such an extension may only be made by the performer or their estate and shall be made to the Office for the Harmonisation of the Internal Market (OHIM). When an extension of copyright is granted it shall be published by OHIM which shall maintain an online register for that purpose. All copies of the fixation to which an extension applies shall carry marking of the copyright term whether in material, electronic or digital form.

2008/12/09
Committee: JURI

Proposal for a directive – amending act
Article 1 – point 2 b (new)

Directive 2006/116/EC
Article 3 – paragraph 2 b (new)

(2b) In Article 3 the following paragraph 2b shall be inserted: (2b) The extension period shall be subject to licences of right. Additionally free licences of right shall exist for which formal application need not be made nor for which collection societies or others may charge or impose charges, in the following instances: a) Private club or social broadcasts where attendance does not exceed 250 persons. b) Private copying or upgrading to new or different technical platforms. For the avoidance of doubt no copyright levy may be applied in the extended period.

2008/12/09
Committee: JURI

Proposal for a directive – amending act
Article 1 – point 2 c (new)

Directive 2006/116/EC
Article 3 – paragraph 2 c (new)

(2c) In Article 3 the following paragraph 2c shall be inserted: (2c) Performers shall have a moral right in their performance that is unassignable and shall exist for 95 years. The moral right entitles performers and their estates to: a) prevent objectionable uses and distortions of their performance b) to receive unencumbered royalties in any period of extended copyright.

2008/12/09
Committee: JURI

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

Proposal for a directive – amending act
Article 1 – point 4

Directive 2006/116/EC
Article 10a - paragraphs 1 to 5

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.deleted

2008/12/09
Committee: JURI

Proposal for a directive – amending act
article 1 – point 4

Directive 2006/116/EC
Article 10a – paragraph 6

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 producean extension of copyright has been granted the phonogram producer fails to offer or 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~~any 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,an extension of term is granted 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

Proposal for a directive – amending act
Article 1 – point 5

Directive 2006/116/EC
Article 1 – paragraph 7

The term of protection of a musical composition with words shall expire 70 years after the death of the last of the following persons to survive, ~~whether or not these persons are designated as co- authors:~~ the author of the lyrics and the composer of the music

2008/12/09
Committee: JURI