Examples of using Phonogram producers in English and their translations into German
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For phonogram producers, in respect of their phonograms. .
Such broadcasting does not, therefore,give rise to a right to remuneration for phonogram producers.
Without prejudice to further harmonization,the rights referred to in this Directive of performers, phonogram producers and broadcasting organizations shall not expire before the end of the respective terms provided by the Rome Convention.
Connected distributor: The Gesellschaft zur Verwertung von Leistunsschutzrechten(GVL)represents the interests of artists and phonogram producers since 1959.
For phonogram producers the period starts with the fixation of the phonogram or from its publication within 50 years after fixation, or, if not published, from its communication to the public within 50 years after fixation.
According to Article 2, the lending right is granted to authors,performing artists, phonogram producers and film producers. .
The proposal to extend the term of protection for performers and phonogram producers would mean a numerical change(substituting 50 by 95) to the current national legislation on related rights found in the EU Member States.
The Council adopted a directive extending from 50 to 70years the term of protection of the rights of performers and phonogram producers over music recordings 16/11+ 10568/11 ADD 1.
In order toensure 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.
The accompanying measures leave flexibility to MS on how to apply them andthe administrative burden falls more on the phonogram producers and collecting societies.
Rights of performers, phonogram producers and broadcasting organizations 1. For the purposes of communication to the public by satellite, the rights of performers, phonogram producers and broadcasting organizations shall be protected in accordance with the provisions of Articles 6, 7, 8 and 10 of Directive 92/100/EEC.
We have expertise in the practical legal aspects related to the protection and negotiation of computer software and of neighbouring rights,such as rights of interpreters or performers, phonogram producers and broadcasting organizations.
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.
Producers' revenues deriving from single equitable remuneration for broadcasting and communication to the public and fair compensation for private copying shall not be included in the revenues to be set aside in favour of session musicians,as these secondary claims are never transferred to phonogram producers.
In order to fund these payments, 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, rental, reproduction and'making available' of phonograms which, in the absence of term extension, would no longer be protected under Article 3.
Member States shall provide a right in order to ensure that a single equitable remuneration is paid by the user, if a phonogram published for commercial purposes, or a reproduction of such phonogram, is used for broadcasting by wireless means or for any communication to the public,and to ensure that this remuneration is shared between the relevant performers and phonogram producers.
A further purpose of theclause is to ensure that phonograms which neither the phonogram producer nor the performers wish to exploit are not'locked up.
Their'single equitable remuneration' payments for broadcasting and communication to the public, which are never assigned to the phonogram producer, would cease.
UrhG deprives the phonogram producer of the possibility to charge license fees does not automatically- and particularly not in the case at hand- entail a considerable economic disadvantage for the phonogram producer. .
This also means that orphan phonograms, for which neither the phonogram producer nor the performers can be identified or found, will benefit from the clause because such orphan phonograms will not be exploited by either the producer or the performer.
Those monies should be reserved solely for the benefit of performers whose performances are fixed in a phonogram andwho have transferred their rights to the phonogram producer against a one-off payment.
A second accompanying transitional measure should be that the rights in thefixation 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.
The legislative decision not to supplement the restrictive exception by including an obligation topay royalties that would entitle the author or phonogram producer to a share in the returns for the free use of his work or phonogram within the creative work of another party, is within the limits of legislative discretion.
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 timefollowing the term extension, because rightholders do not exploit it or because the phonogram producer or the performers cannot be located or identified.
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 orassigned to the phonogram producer.
If a phonogram producer does not publish a phonogram, which, but for the term extension, would be in the public domain, the rights in the fixation of the performance shall, upon his request, revert to the performer and the rights in the phonogram shall expire.
Emphasising the possibility to obtain a license does not provide an equivalent degree of protection of the freedom of artistic activity: A right to be granted a license to use the sample does not exist;due to his right of disposal, the phonogram producer may deny a licensing without having to give reasons and irrespective of the readiness to pay for the use of the sample.
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 ofwhich 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.
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 anannual 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.