Equitable Remuneration for the Use of Performances Contained in Videograms.

Equitable Remuneration for the Use of Performances Contained in Videograms.

Journal article

1 online resource (pages 1184–1198)

Directive 2006/115/EC, Art. 8(1) and (2); Copyright Code, Arts. 178, 190(1) and 193 ‒ GDA v TVI and SIC Headnotes by the Editorial Office 1. EU law does not impose a uniform concept of equitable remuneration. Directive 2006/115/EC allows for differences in the degree of protection afforded to performers in the different Member States, imposing only minimum conditions of protection. 2. The calculation of the equitable remuneration foreseen in Art. 178(2) Copyright Code must consider all broadcasts of artistic performances made from a prior fixation that has been authorised by the holders of the corresponding rights, including, therefore, the first broadcast. 3. Based on the principle of the inalienability and irrevocability of the right to remuneration provided for in Art. 178(2) Copyright Code, the initial fees received by the performers for the conclusion of the contract for the provision of services may not include in those amounts any remuneration derived from the subsequent exploitation of the performances provided by the broadcasting organisations.

Crossref

GRUR International, 2632-8550 ; 72, 12, 2023.

[Oxford, England] : Oxford University Press (OUP), 2023

English

https://academic.oup.com/grurint/article/72/3/231/6998505

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