EXTENSION TO TERM OF PROTECTION (NEIGHBOURING RIGHTS) REGULATIONS (neighbouringrights)

EXTENSION TO TERM OF PROTECTION

(NEIGHBOURING RIGHTS)

SUBSIDIARY LEGISLATION 415.04

EXTENSION TO TERM OF PROTECTION

(NEIGHBOURING RIGHTS) REGULATIONS

7th March, 2014

LEGAL NOTICE 81 of 2014.

The title of these regulations is the Extension to Term of

Protection (Neighbouring Rights) Regulations.

These regulations transpose 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.

In these regulations, unless the context otherwise requires -

"the Act" means the Copyright Act;

"contract of transfer or assignment" means a contract by which

the performer has transferred or assigned his rights in the fixation

of his performance to a producer of a sound recording.

All other words, terms and expressions used shall have the same

meaning as is given to them in the Act.

The term of protection of a musical composition with

words shall expire seventy years after the death of the last of the

following persons to survive

(a) the author of the lyrics; and

(b) the composer of the musical composition

Provided that the above shall apply whether or not those

persons are designated as joint authors in terms of article 4(4) of

the Act and both contributions were specifically created for the

respective musical composition with words

Provided further that the musical composition or the lyrics

are protected in at least one Member State on the 1st of November

2013 or the musical composition with words came into being after

that date.

(1) The rights of performers shall expire fifty years after

the date of the performance.

(2) Notwithstanding the provisions of sub-regulation (1), and

without prejudice to the provisions of article 14 of the Act, if a

fixation of the performance otherwise than in a sound recording is

lawfully published or lawfully communicated to the public within

this period, the rights shall expire fifty years from the date of the

first such publication or the first such communication to the public,

whichever is the earlier.

(3) If a fixation of the performance in a sound recording is

lawfully published or lawfully communicated to the public within

EXTENSION TO TERM OF PROTECTION

(NEIGHBOURING RIGHTS)

the period referred to in sub-regulations (1) and (2), the rights shall

expire seventy years from the date of the first such publication or

the first such communication to the public, whichever is the earlier.

(1) The rights of producers of a sound recording shall

expire fifty years after the fixation is made.

(2) Notwithstanding the provisions of sub-regulation (1), and

without prejudice to the provisions of article 16 of the Act, in the

event that the sound recording has been lawfully published within

this period, the said rights shall expire seventy years from the date

of the first lawful publication. If no lawful publication has taken

place within the period mentioned in this sub-regulation, and if the

sound recording has been lawfully communicated to the public

within this period, the said rights shall expire seventy years from

the date of the first lawful communication to the public.

(1) If, fifty years after the sound recording was lawfully

published or, failing such publication, fifty years after it was

lawfully communicated to the public, the producer of a sound

recording does not

(a) offer copies of the sound recording for sale in

sufficient quantity; or

(b) 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 producer of a sound recording.

(2) The right to terminate the contract of transfer or assignment

may be exercised if the producer of a sound recording, within a

year from the notification by the performer of his intention to

terminate the contract of transfer or assignment pursuant to sub-

regulation (1), fails to carry out both of the acts of exploitation

referred to in that sub-regulation.

(3) The right to terminate as contained in this regulation may

not be waived by the performer.

(4) In the event that the contract of transfer or assignment is

terminated pursuant to this regulation, the rights of the producer of

a sound recording in the sound recording shall expire.

(1) Only where a contract of 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 producer of a sound recording for each full

year immediately following the fiftieth year after the sound

recording was lawfully published or, failing such publication, the

fiftieth year after it was lawfully communicated to the public.

(2) The right to obtain such annual supplementary

remuneration may not be waived by the performer.

(3)

The overall amount to be set aside by a producer of a sound

EXTENSION TO TERM OF PROTECTION

(NEIGHBOURING RIGHTS)

recording, as payment of the annual supplementary remuneration to

performers whose performances are fixed in a sound recording and

who have transferred or assigned their rights to the producer of a

sound recording in return of a one-off payment, referred to in this

regulation, shall correspond to twenty per centum (20%) of the

revenue which the producer of a sound recording has derived,

during the year preceding that for which the said remuneration is

paid, from the exclusive rights of reproduction, distribution and

making available of the sound recording in question, following the

fiftieth year after it was lawfully published or, failing such

publication, the fiftieth year after it was lawfully communicated to

the public.

(4) Producers of a sound recording are required, upon request,

to provide to performers who are entitled to the annual

supplementary remuneration referred to in this regulation any

information which may be necessary in order to secure payment of

that remuneration.

(5) The right to obtain an annual supplementary remuneration

as referred to in this regulation may be administered by collecting

societies.

(6) Where a performer is entitled to recurring payments,

neither advance payments nor any contractually defined deductions

shall be deducted from the payments made to the performer

following the fiftieth year after the sound recording was lawfully

published or, failing such publication, the fiftieth year after it was

lawfully communicated to the public.

(1) The provisions of regulations 5, 6 and 7 shall apply to

fixations of performances and sound recordings in regard to which

the performer and the producer of a sound recording are still

protected, as at the 1st day of November 2013 and to fixations of

performances and sound recordings which come into being after

that date.

(2) In the case of the term of copyright for fixations of

performances and sound recordings, these regulations shall prevail

over any rules or regulations establishing the term of copyright for

fixations of performances and sound recordings applicable to the

performer and the producer of a sound recording as contained in the

Act.

(1) In the absence of clear contractual indications to the

contrary, a contract of transfer or assignment concluded before the

1st day of November 2013 shall be deemed to continue to produce

its effects until the expiration of the term of protection, as extended

by these regulations, of the rights of the performer accorded under

the Act that were transmitted pursuant to the contract of transfer or

assignment.

(2) Contracts of transfer or assignment which entitle a

performer to recurring payments and which are concluded before

the 1st day of November 2013 can be modified following the

fiftieth year after the sound recording was lawfully published or,

failing such publication, the fiftieth year after it was lawfully

EXTENSION TO TERM OF PROTECTION

(NEIGHBOURING RIGHTS)

communicated to the public.

(3) No act which would be considered as an infringement of

copyright, neighbouring rights or moral rights as a result of these

regulations shall be considered as an infringement of copyright,

neighbouring right or moral rights if done before the date on which

these regulations come into force.