Database on German and European Economic Law

 Directive 2011/77/EU

I. Description

The directive to extend the term of protection for performers and sound recordings to 70 years was adopted on 12 September 2011. The aim of the directive is to bring performers’ protection more in line with that already given to authors – 70 years after their death. The extended term will enable performers to earn money for a longer period of time and in any event throughout their lifetime. The income from copyright remuneration is important for performers, as they often do not have other regular salaried income. The extended term will also benefit record producers who will generate additional revenue from the sale of records in shops and on the internet. This should allow producers to adapt to the rapidly changing business environment and help them maintain their investment levels in new talent.

The directive also contains accompanying measures which aim specifically to help performers. The “use it or lose it” clauses which will now have to be included in the contracts linking performers to their record companies will allow performers to get their rights back if the record producer does not market the sound recording during the extended period. In this way the performer will be able to either find another record producer willing to sell his music or do it himself, something that is possible easily via the internet. Finally, record companies will have to set up a fund into which they will have to pay 20% of their revenues earned during the extended period. The money from this fund will be destined to help session musicians.

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II. General Information

Title

Directive 2011/77/EU of the European Parliament and of the Council of 27 September 2011 amending Directive   2006/116/EC on the term of protection of copyright and certain related rights

Status
Existing
Directive
2011/77/EU
Source
O.J. EU No L (Legislation), Edition 265, Year 2011, p.1
Adoption
09/27/2011
Promulgation
10/11/2011
Character
Regular Act
Legal Basis
Art. 47 Abs. 2, 55, 95 AEUV
Legislative Procedure
Codecision procedure

III. Versions and Legislative History

1. Versions

Titel
Allg. Daten
Textfassung

Original Text :
Directive 2011/77/EU of the European Parliament and of the Council of 27 September 2011 amending Directive   2006/116/EC on the term of protection of copyright and certain related rights

  2011/77/EU

Beschluss:
09/27/2011 (A)
Verkuendung:
10/11/2011 (P)
(A) Adoption | (P) Promulgation

2. Legislative History

Datum
Typ / Titel
Textfassungen
01/14/2009
Opinion of the European Economic and Social Committee
ABL. 2009/C 182/36
07/16/2008
Proposal
COM(2008) 464 final

3. Legal Impact

Auswirkungstyp
Richtlinie
Textfassungen
Amendment
  Directive 2006/116/EC

Legend

Legislative Act Status

Documents

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Overview

I. Description
II. General Information
III. Versions and Legislative History
1. Versions
2. Legislative History
3. Legal Impact