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Act Amending The Copyright Act (Extension Of The Term Of Protection For Performers And Producers Of Sound Recordings, Termination Of Agreement On Transfer Of The Rights Of A Performer, Performers Entitled To Annual Additional Remuneration, Etc.

Original Language Title: Lov om ændring af lov om ophavsret(Forlængelse af beskyttelsestiden for udøvende kunstnere og fremstillere af lydoptagelser, ophør af aftale om overdragelse af en udøvende kunstners rettigheder, udøvende kunstneres ret til årligt supplerende vederlag m.v.

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Law on Copyright Act 1)

(Prolongation of the term of protection of performers and protractors of light-recording, agreement on the transfer of an executive's rights, the right of performers entitled to an annual supplementary payment, etc.)

We, by God's grace, the Queen of the Danes, do our thing.

The parliament has adopted the following law, and we know that the following law has been approved by Parliament's consent :

§ 1

In the law of copyright, cf. Law Order no. 202 of 27. In February 2010, the following changes are made :

1. Foot notation the title shall be replaced by the following :

" 1) The law shall continue with the provisions of the Council Directive 91 /250/EEC of 14. 1 May 1991, 1991, no. L 122, page 42, and contains provisions implementing Council Directive 92 /100/EEC of 19. In November 1992, 1992, no. L 346, page 61, Council Directive 93 /83/EEC of 27. September 1993, 1993, no. L 248, page 15, Council Directive 93 /98/EEC of 29. In October 1993, 1993, no. L290, page 9, Directive 96 /9/EC of the European Parliament and of the Council of 11. 1 March 1996, EC Official Journal, nr. L 77, page 20, Directive 2001 /29/EC of the European Parliament and of the Council of 22. 'May 2001', no. L 167, page 10, Directive 2001 /84/EC of the European Parliament and of the Council of 27. September 2001, EC Official Journal, no. In 272, page 32, Directive 2004 /48/EC of the European Parliament and of the Council of 29. April 2004, 2004, no. L157, page 45, parts of Directive 2006 /123/EC of the European Parliament and of the Council of 12. December 2006, EU-2006, nr. In 376, page 36, parts of the European Parliament and Council Directive 2007 /65/EC of 11. In December 2007, amending Council Directive 89 /552/EEC of 3. In October 1989, EU Official Journal, nr. L 332, page 27, and parts of the European Parliament and Council Directive 2011 /77/EU of 27. September 2011 amending the European Parliament and Council Directive 2006 /116/EC, EU-Official Journal 2011, nr. L265, page 1. "

2. I § 63 inserted after paragraph 1. 1 as new paragraph :

" Stop. 2. Copyright from a music project with text, where both text and music produced are specifically addressed to the body in question with text, goods, up to 70 years after the death year for the longitudinal living of the following persons :

1) The text author and

2) The composer. "

Paragraph 2-4 is then being referred to in paragraph 1. 3-5.

3. Section 65 (2). TWO, TWO. pkt., repealed, and in accordance with paragraph 1. 2 is inserted as new slices :

" Stop. 3. If a recording of a performance, cf. paragraph 1, no. 1, which is not a recording recording, shall be published or published in the time room referred to in paragraph 1. 2, lasts protection, however, until 50 years is the end of the year in which the first publication or publication took place according to which the first date of publication was taken.

Paragraph 4. If a sound recording of a performance, cf. paragraph 1, no. 1 shall be published or published in the time room referred to in paragraph 1. 2, goods shall, however, take up the protection until 70 years after the end of the year in which the first publication or publication took place according to which the first date is first. ` ;

paragraphs 3 and 4 are then referred to in paragraph 1. Five and six.

4. I § 66, paragraph. ONE, TWO. and 3. pkt., replaced "50 years" to : '70 years'.

5. After section 66, pasted before section 67 :

" Termination of an agreement to transfer the rights of an executive artist

§ 66 a. An executive may bring an end to the agreement by which the performer has transferred or transferred his rights to the recording of its performance to a manufacturer of sound recordings, when 50 years has elated, after the date of the period of 50 years ; the recording was published or, where such publication has not taken place, when the time of the recording was made public, after the date of the recording of the recording, the recording was published.

1) provide for the sale, in sufficient degree and, of the recording of the sound recording.

2) make the sound recording available in such a way that the public access is accessible at an individual selected location and time, cf. Section 2 (2). 4, no. 1.

Paragraph 2. If the performer will bring an end to the agreement, cf. paragraph 1, it shall be done on 1 year ' s notice. The Agreement may then be terminated if the manufacturer of the recording equipment does not carry out both the use of the services provided for in paragraph 1. 1, no. 1 and 2 before the end of the alert period. The performer cannot give up its right to terminate the agreement.

Paragraph 3. If an agreement is brought to an end in accordance with paragraph 1, 1, the manufacturer ' s own rights shall be discontinued, cf. § 66, for the sound recording to which the agreement relates.

Right to an annual additional remuneration

§ 66 b. If a performer has surrendered his rights to the sound recording of a performance of a production of sound recording and have agreed a right to a disposal boar, it shall have the right to an annual supplementary remuneration from the manufacturer of the the recording of the recording for each full year following the period following the date of the recording of the recording or, where such publication has not taken place, after the date of sound recording of the recording, after the date of sound recording, after the recording of the recording. The performer cannot give up its right to an annual supplementary remuneration.

Paragraph 2. A manufacturing of the light recording shall be made for payment of the amount referred to in paragraph 1. 1 mentioned remuneration. The total amount to be executed must correspond to 20%. the revenue of the manufacturer in the year prior to the payment of the remuneration. The remuneration shall be calculated from the reproduction of the manufacturer of reproduction, distribution and availability of the sound recording when 50 years have passed since the recording was published or, where such publication has not taken place, when 50 years old ; the process after the recording of the recording was made public.

Paragraph 3. The remuneration shall be paid and administered by one of the Minister for Culture approved management organisation.

Paragraph 4. At the request of the performer or the former in paragraph 1. 3 approved management organisation shall make up to the recording of a recording of information which may be necessary in order to ensure the payment of the additional remuneration.

Paragraph 5. The Minister of Culture provides for detailed rules on the procedure for the approval of such a management organisation.

§ 66 c. If an executive has transferred his rights to the sound recording of a performance of a production of sound recording and have agreed a right to an ongoing payment, neither advance payment nor contractual deduction shall be deducted from deduction ; payments of the ongoing remuneration to the performer in the course of 50 years after the recording of the recording was published or, where such publication has not taken place, when the time of the recording of the recording was made public. `

6. I § 68, paragraph. 1, and § 86, paragraph. 8, in the words ' section 65 (4), 2 ' shall be : section 65 (5), 2-4.

7. I ~ 69, paragraph. 3, of '39-46' to : '39-46 a'.

8. I § 90, paragraph. 3, in section 63, paragraph 1. The fourth is to : section 63 (4). FIVE. "

9. I Section 91 (1). 2, in the words ' section 65 (4), The following shall be : section 65 (3). FIVE. "

§ 2

Paragraph 1. The law shall enter into force on the 31. October 2013.

Paragraph 2. § 1, no. 3-5 shall have effect on the rights of the executive and the rights of the protractors of sound recording which are available on 1. November 2013, and which shall be brought after that date.

Paragraph 3. § 1, no. 2, has effect on the music works of text, of which at least the music station or text is protected in a country within the European Economic Area on 1. November 2013, and in the case of music, it is produced by text that will be produced after this date. § 1, no. Paragraph 2 shall not affect the use of musical works containing text which has taken place before 1. November, 2013.

§ 3

Paragraph 1. Contracts of transfer or transfer of the rights of an executive to the adoption of the performance of its performance, which has been concluded before 1. November 2013 must continue to apply after the time when the rights of the executive in accordance with the provisions of the previous provisions would have expired. This applies unless otherwise specified in the contract.

Paragraph 2. Providing contracts for the transfer or transfer of the rights of the executive to do with sound recorders entered into prior to 1. In November 2013, the performer gives the right to an ongoing remuneration, these renegotiations may be negotiated after 50 years after the recording was published or, if such publication has not taken place, when 50 years has ellaneous after the adoption of the period after the date of the period of 50 years ; The recording was made public.

§ 4

The law does not apply to the Faroe Islands or Greenland, but can, by means of a royal appliance, be set in full or in part to Greenland with the changes that the Greenland conditions say.

Givet at Christiansborg Castle, the 171. April 2013

Under Our Royal Hand and Segl

MARGRETHE R.

/ Marianne Jelknow

Official notes

1) The law provides for the implementation of parts of the European Parliament and Council Directive 2011 /77/EC of 27. September 2011 amending Directive 2006 /116/EC on the term of protection of copyright and certain related rights, EU Official Journal, 2011, nr. L265, page 1.