Directive 2011/77 / EU (Artist Protection Period Directive)

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Directive 2011/77 / EU

Title: Directive 2011/77 / EU of the European Parliament and of the Council of September 27, 2011 amending Directive 2006/116 / EC on the term of protection of copyright and certain related rights
Designation:
(not official) 		Artist protection period guideline
Scope: EU
Legal matter: copyright
Basis: TFEU , in particular Articles 53 (1) , 62 and 114
Procedure overview: European Commission
European Parliament
IPEX Wiki
To be
implemented in national law by: 		1. November 2013
Reference: OJ L 265 of 11.10.2011, pp. 1-5
Full text Consolidated version (not official)
basic version
The regulation must have been implemented in national law.
Please note the information on the current version of legal acts of the European Union !

The Directive 2011/77 / EU (artist-protection periods directive), the term of protection of copyright controls of performers and producers of phonograms, which was thus extended from 50 to 70 years.

This directive represents a further legislative harmonization step within the framework of the EC (now EU ) after the adoption of Directive 93/98 / EEC on the harmonization of the term of protection of copyright and Directive 2006/116 / EC on the term of protection of copyright and certain related rights. In the meantime, further copyright protection guidelines have been issued (see: Copyright (European Union) ). The artist protection period directive is an amending directive, as it merely changes or supplements directive 2006/116 / EC.

Purpose of the regulations

All EU copyright directives basically serve to protect authors and to dismantle trade barriers and distortions of competition with regard to copyright within the European internal market . The present guideline has come under criticism across Europe because the disadvantageous effect of the extension of the protection period is that z. B. Songs by The Beatles will now continue to be protected and the main advantage of this extension of the term of protection is to be found with the producers of sound carriers and less with the performing artists (see below: "Criticism").

Legal basis

The adoption of this directive was based on

  • Article 53 (1) TFEU (coordination of laws, regulations and administrative provisions of the Member States of the Union ),
  • Article 62 TFEU (referral) and
  • Article 114 TFEU (procedural provision)

supported.

Structure of Directive 2011/77 / EU

  • Article 1 (amendments to Directive 2006/116 / EC)
  • Article 2 (implementation)
  • Article 3 (reporting)
  • Article 4 (entry into force)
  • Article 5 (addressees)

Selected provisions of Directive 2011/77 / EU

"Use-it-or-lose-it" clause

The "use-it-or-lose-it" clause ( Engl. : 'Use it or lose it'-provision) that must be included in the contracts between artists and music publishers due to the artist's terms of protection policy, should it in future enable artists to reclaim their rights if music publishers do not use this sound carrier during the extended protection period

  • offer for sale in a sufficient number of copies within the meaning of the International Convention on the Protection of Performing Artists, producers of phonograms and broadcasting companies or
  • open to the public, further market.

Compensation Fund

If contracts with performing artists only provide for a one-off payment (one-off payment), the artist will in future be entitled to additional, annual payment from the phonogram producer

  • for each full year immediately following the 50th year after the legal publication of the phonogram or without such publication ,
  • for the 50th year after its lawful public communication .

The performing artist cannot waive this right to an additional annual fee .

The phonogram producers have to pay into this fund (studio musicians 'fund or session players' fund) 20% of the income they earn from the reproduction during the year immediately preceding the year for which this remuneration is to be paid, the distribution and the making available of the sound carrier in question .

criticism

Criticism has been raised in particular because of the provision in Article 1 No. 3 of the Artists Protection Periods Directive, through which Article 10 Paragraph 6 of Directive 2006/116 / EC is inserted. The new paragraph 6 in Article 10 of Directive 2006/116 / EC extends the time protection for musical compositions with text, of which at least the musical composition or the text is protected in at least one member state on November 1, 2013, and for musical compositions with text that arise after this date .

See also: Criticism of the extension of the term of protection to 70 years also within the European Commission in the article on copyright (European Union) .

The devastating opinion of the Max Planck Institute on the Commission's proposal for a directive amending Directive 2006/116 EC of the European Parliament and of the Council on the term of protection of copyright and certain related rights of September 10, 2008 was one of the results : “The interrelationships raised by the Commission in its proposal are complex. Exhaustive expertise can be expected from her neither in legal nor in factual respect. However, this does not justify the blind implementation of particular economic interests without the involvement of independent experts. ” (Point III.10 of the statement).

Web links

See also

Web links

Individual evidence

  1. ↑ Official long title: DIRECTIVE 2011/77 / EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of September 27, 2011 amending Directive 2006/116 / EC on the term of protection of copyright and certain related rights (OJ EU No. L 265, 1 to 5).
  2. ↑ See Recital 1 of Directive 2011/77 / EU.
  3. ↑ See Article 1 No. 1 and Recital 7 of Directive 2011/77 / EU. Article 1 No. 1 is inserted in Directive 2006/116 / EC as paragraph 7 in Article 1.
  4. ↑ See Recital 19 f in Directive 2011/77 / EU.
  5. ↑ See Article 1 No. 2 let. c) and Recital 8 of Directive 2011/77 / EU. Article 1 No. 2 let. c) is inserted in Directive 2006/116 / EC as paragraph 2a in Article 3.
  6. ↑ See Article 1 No. 2 let. c) and recitals 9 to 13 of Directive 2011/77 / EU. Article 1 No. 2 let. c) is inserted in Directive 2006/116 / EC as paragraphs 2b and 2c in Article 3.
  7. ↑ See Article 1 No. 2 let. c) Directive 2011/77 / EU with regard to the new Article 3 Paragraph 2c in Directive 2006/116 / EC.