Traduction de «Artiste interprète » (Français → Anglais) :

In order for performers to benefit fully from the extended term of protection, Member States should ensure that, under agreements between phonogram producers and performers, a royalty or remuneration rate unencumbered by advance payments or contractually defined deductions is paid to performers during the extended period.

The options analysed were: (1) do nothing, (2) extend the term of protection to 'life or 50 years' for performers only, (3) extend the term of protection to 95 years for performers and phonogram producers, (4) promote performers' moral rights, (5) introduce a 'use it or lose it' clause in sound recording contracts and (6) establish a fund dedicated to session musicians.

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.

The options analysed were: (1) do nothing, (2) extend the term of protection to 'life or 50 years' for performers only, (3) extend the term of protection to 95 years for performers and phonogram producers, (4) promote performers' moral rights, (5) introduce a 'use it or lose it' clause in sound recording contracts and (6) establish a fund dedicated to session musicians.

2a. If, 50 years after the phonogram was lawfully published or, failing such publication, 50 years after it was lawfully communicated to the public, the phonogram producer does not offer copies of the phonogram for sale in sufficient quantity or does not make it available to the public, by wire or wireless means, in such a way that members of the public may access it from a place and at a time individually chosen by them, the performer may terminate the contract by which the performer has transferred or assigned his rights in the fixation of his performance to a phonogram producer (hereinafter a ‘contract on transfer or assignment’).

(26) Whereas the provisions of Article 4 do not prevent Member States from extending the presumption set out in Article 2 (5) of Directive 92/100/EEC to the exclusive rights referred to in Article 4; whereas, furthermore, the provisions of Article 4 do not prevent Member States from providing for a rebuttable presumption of the authoriztion of exploitation in respect of the exclusive rights of performers referred to in that Article, in so far as such presumption is compatible with the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations;