8 Amendments of Iliana IOTOVA related to 2008/0157(COD)
Amendment 8 #
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 11 #
Proposal for a directive – amending act
Recital 12
Recital 12
Amendment 13 #
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 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.
Amendment 17 #
Proposal for a directive – amending act
Recital 15 a (new)
Recital 15 a (new)
(15a) Where a phonogram contains the fixation of the performances of a plurality of performers, Member States should be free to decide whether the performers may terminate the transfer or assignment jointly or individually.
Amendment 19 #
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
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 22 #
Proposal for a directive – amending act
Article 1 – point 4
Article 1 – point 4
Directive 2006/116/EC
Article 10a – paragraph 4 – subparagraph 1 a (new)
Article 10a – paragraph 4 – subparagraph 1 a (new)
When calculating the revenues referred to in the above subparagraph, the only sums that may be deducted are: the remuneration of performers who have transferred or ceded their rights in respect of the phonograms in question in exchange for recurring remuneration and the remuneration of the authors of works whose performance is fixed in the phonograms in question.
Amendment 23 #
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
Amendment 26 #
Proposal for a directive – amending act
Article 10 – point 4
Article 10 – 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 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 ithem 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 jointly. If the contract onIf the transfer or assignment is terminated pursuant to sentences 1 or 2, the rights of the phonogram producer in the phonogram shall expire.