Erstreckung Der Kunstlerischen Leistungsschutzrechte Und Umsetzung Der Schutzdauer-Richtlinie 2011/77/Eu in Nationales Recht

The Directive 2011/77/EC requires the member states to extend the length of the copyright term in sound recording and performers' rights in sound recordings from 50 to 70 years. The author discusses the transposition of the Directive into national German law, including the specific provisions for performers and for record producers. The author analyses the various terms of Art. 3 Directive 2006/116/EC, which was last amended by Directive 2011/77/EC and their implementation to national German law. The work focuses on the duration of the exploitation rights; in this context, the discrimination of performers, whose performance was not first fixed in a sound recording, will be discussed. The examination of the Directive and its transposition is based on German Copyright Law, a number of copyright legal directives and international treaties, such as the WPPT, the Rome Convention and the WIPO Treaty On Audiovisual Performances (BTAP).