5. Performers’ rights

2017 ◽  
Author(s):  
Tim Press
Keyword(s):  
European Union ◽  
The European Union ◽  
Sound Recording ◽  
Commercial Exploitation ◽  
Legal Provisions

This chapter focuses on performers’ rights, which give musicians, singers, actors, dancers, and variety performers rights to prevent or give permission for the recording or broadcasting of their live performances and subsequent commercial exploitation of those recordings. Performers’ rights are important for broadcasters, record, and film companies who hire performers: they must ensure that the performers give all the necessary permissions in their contracts or the project will not be able to proceed. The rights last for 50 years, or 70 years for EU musicians. The development of sound recording and movie technology meant that it was not necessary for everyone to hire the services of a performer in order to enjoy their performance and this triggered the development of performers’ rights. There are legal provisions protecting some performers against signing away all their rights in these contracts. Performers’ rights have been harmonized by the European Union.

5. Performers’ rights

2019 ◽  
pp. 64-74
Author(s):  
Tim Press
Keyword(s):  
European Union ◽  
The European Union ◽  
Sound Recording ◽  
Commercial Exploitation ◽  
Legal Provisions

This chapter focuses on performers’ rights, which give musicians, singers, actors, dancers, and variety performers rights to prevent or give permission for the recording or broadcasting of their live performances and subsequent commercial exploitation of those recordings. Performers’ rights are important for broadcasters and record and film companies which hire performers: they must ensure that the performers give all the necessary permissions in their contracts or the project will not be able to proceed. The rights last for 50 years, or 70 years for EU musicians. The development of sound recording and movie technology meant that it was not necessary for everyone to hire the services of a performer in order to enjoy their performance and this triggered the development of performers’ rights. There are legal provisions protecting some performers against signing away all their rights in these contracts. Performers’ rights have been harmonized by the European Union.

scholarly journals The common energy market of the European Union – utopia or reality?

2017 ◽  
Vol 11 (1) ◽  
pp. 93-102 ◽  
Author(s):  
Ana-Maria Iulia Şanta
Keyword(s):  
European Union ◽  
Renewable Energy ◽  
European Commission ◽  
Social Impact ◽  
Clean Energy ◽  
Energy Market ◽  
The European Union ◽  
Legal Provisions ◽  
Energy Union ◽  
The Common

Abstract The European Commission has the initiative to foster the sector of renewable energy and to build an Energy Union, with a common energy market at the level of the European Union, but is this only an utopic vision or is this possible to achieve? The topic of clean energy is very new and of great interest for the European Union, which is shown by the fact that the European Commission recently adopted on the 30th November 2016 the package “Clean Energy for All Europeans”, which contains proposals for the modernization of the energy market at the level of the European Union. But which are the challenges such a project is confronted with? According to the literature, such challenges are related to the process of liberalization of electricity markets. Conflicts between national interest and international actors of the energy market might occur. Due to the oligopolistic structure of the energy market, there are several barriers to the market entry. In order to answer to the research questions, case studies regarding the liberalization of the energy market will be analyzed in a comparative manner, offering an international overview. Furthermore, the legal provisions on which the common energy policy of the European Union relies, will be analyzed, as well as their economic and social impact. The package “Clean Energy for All Europeans” comprises a proposal of the revised Renewable energy Directive, energy efficiency measures and issues related to the Energy Union Governance. It contains as well proposals for the electricity market design, which will be analyzed and the present paper outlines the contribution of this proposal in building a common energy market of the European Union. What role does competition play in implementing the common energy market of the European Union? Which role do competition authorities have in this context? These are interesting aspects to be analyzed in the present paper.

scholarly journals The Common Energy Market of the European Union–Challenges and Perspectives

2017 ◽  
Vol 12 (2) ◽  
pp. 334-345
Author(s):  
Ana-Maria Iulia Şanta
Keyword(s):  
European Union ◽  
Renewable Energy ◽  
European Commission ◽  
Social Impact ◽  
Clean Energy ◽  
Energy Market ◽  
The European Union ◽  
Legal Provisions ◽  
Energy Union ◽  
The Common

Abstract The European Commission has the initiative to foster the sector of renewable energy and to build an Energy Union, with a common energy market at the level of the European Union, but is this only a utopic vision or is this possible to achieve? The topic of clean energy is very new and of great interest for the European Union, which is shown by the fact that the European Commission recently adopted on the 30th November 2016 the package “Clean Energy for All Europeans”, which contains proposals for the modernization of the energy market at the level of the European Union. But which are the challenges such a project is confronted with? According to the literature, such challenges are related to the process of liberalization of electricity markets. Conflicts between national interest and international actors of the energy market might occur. Due to the oligopolistic structure of the energy market, there are several barriers to the market entry. In order to answer to the research questions, case studies regarding the liberalization of the energy market will be analyzed in a comparative manner, offering an international overview. Furthermore, the legal provisions on which the common energy policy of the European Union relies, will be analyzed, as well as their economic and social impact. The package “Clean Energy for All Europeans” comprises a proposal of the revised Renewable energy Directive, energy efficiency measures and issues related to the Energy Union Governance. It contains as well proposals for the electricity market design, which will be analyzed and the present paper outlines the contribution of this proposal in building a common energy market of the European Union. What role does competition play in implementing the common energy market of the European Union? Which role do competition authorities have in this context? These are interesting aspects to be analyzed in the present paper.

Reading the Tea Leaves: The Polish Constitutional Tribunal and the Preliminary Ruling Procedure

2015 ◽  
Vol 16 (6) ◽  
pp. 1543-1568
Author(s):  
Aleksandra Kustra
Keyword(s):  
European Union ◽  
Preliminary Ruling ◽  
Eu Law ◽  
The European Union ◽  
Tea Leaves ◽  
National Courts ◽  
Legal Provisions ◽  
Constitutional Tribunal ◽  
The Relationship ◽  
The Eu

The main purpose of the preliminary ruling procedure is to prevent divergences in judicial decisions applying European Union (EU) law and to ensure the uniform interpretation of EU legal provisions across Member States. The procedure, introduced in the Founding Treaties, has provided a platform for the Court of Justice of the European Union (hereafter, the ECJ or the CJEU) to deliver seminal judgments that have progressively defined the relationship between national and EU legal systems, among others. The procedure has also helped the ECJ to develop fundamental principles of EU law, including direct effect, indirect effect (i.e., the interpretation of national law in line with directives) and primacy. Being one of the most important aspects of the EU judicial system, the procedure provided by Article 267 of the Treaty on the Functioning of the European Union (hereafter, TFEU) has had an immense impact on the harmonious development of EU law and the way in which national courts and EU courts interact and communicate.

‘Biodiversity damage’ liability in the Environmental Liability Directive – its definition and delimitation from more stringent EU, international and national norms

elni Review ◽  
2008 ◽  
pp. 19-24
Author(s):  
Volker Mauerhofer
Keyword(s):  
European Union ◽  
National Level ◽  
Environmental Damage ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Environmental Liability ◽  
Legal Provisions ◽  
Early Beginning ◽  
National Norms

The Environmental Liability Directive (‘ELD’) of the European Union entered into force on 30th April 2004 and had to be implemented by 30th April 2007. It had been already from the early beginning up to today subject to multiple considerations by many scholars and is implemented quite differently in the different EU Member States. The ELD contains provisions concerning the liability for ‘environmental damage’, which is further defined inter alia as a specific damage of certain species and habitats (‘biodiversity damage’). Besides the ELD there are already other legal provisions on the European as well as on the international and national level covering several aspects of these liability issues more stringently. Hence the question arises as to how the new provisions of the ELD delimit from these similar but other EU, international and national norms.

scholarly journals Equality and Diversity Management Inside the Institutions of the European Union

2020 ◽  
Vol 12 (1) ◽  
pp. 223-240
Author(s):  
Silvia Manessi
Keyword(s):  
European Union ◽  
English Language ◽  
Diversity Management ◽  
Legal Framework ◽  
Equal Treatment ◽  
The European Union ◽  
Legal Provisions ◽  
Starting Point ◽  
Equality And Diversity ◽  
The Eu

The aim of this paper is to analyse the legal framework regulating the careers of civil servants working for the EU institutions and reveal how the values of equality and diversity are communicated and embedded in their daily lives. The research examines the English language used in the HR legal framework of the EU institutions and explores the linguistic aspects related to equality and diversity management and inclusive language. The starting point of this research is the idea that the European Union is based on the values of democracy, the rules of law and the equal treatment of its citizen, who are celebrated for their diversity. It is thus highly relevant to look at the EU in action and see if it is consistent in the understanding and application of these values. The methodological approach of this research entailed the creation and analysis of a unique corpus composed of all the applicable HR legal provisions in force within the EU institutions, and the examination of the linguistic features (word lists by frequency, concordances, collocations and lexical bundles) of the terminology related to four different areas of equality and diversity – the LGBTI community, gender, the elderly and persons with a disability – with the final aim to take stock of the related developments in the use of the English language. The results indicate that the language used in the EU HRM legal framework is not in line with the EU values of equality and diversity, and the research concludes with highlighting possible improvements of the language used in the corpus.

scholarly journals Extradition under the Legislation of the Russian Federation and Member States of the European Union

2020 ◽  
Vol 37 (65) ◽  
pp. 93-102
Author(s):  
Elena A. Kupryashina ◽  
Snezhana S. Khalimonenko ◽  
Aleksander A. Nasonov ◽  
Ekaterina A. Novikova ◽  
Sergey F. Shumilin
Keyword(s):  
European Union ◽  
Russian Federation ◽  
Comparative Method ◽  
Criminal Procedure ◽  
Integrated Approach ◽  
European Convention ◽  
The European Union ◽  
Member States ◽  
Legal Provisions ◽  
The Russian Federation

The document analyzes the legislation of the Russian Federation and the member states of the European Union on extradition from the point of view of its compliance with the current European Convention on Extradition. It also makes proposals to improve the rules of the Criminal Procedure Code of the Russian Federation that regulates the extradition procedure. Methodologically, the work uses scientific methods of analysis and synthesis, as well as the historical, comparative method, all in an integrated approach. Among the conclusions, the fact that for the previous legal provisions to work, its consolidation only in the Code of Criminal Procedure of the Russian Federation is insufficient. The first step to put them into practice could be to discuss the issue of making the necessary amendments to the Convention on Legal Assistance and Legal Relations in Civil Matters, as well as in the Family and Criminal Affairs regulations of January 22, 1993, of which the countries of the European Convention on Extradition are parties.

scholarly journals Process analysis transit of municipal waste. Part I - International provisions of law

2017 ◽  
Vol 28 (2) ◽  
pp. 28-35
Author(s):  
Dariusz Starkowski ◽  
Paweł Bardziński
Keyword(s):  
European Union ◽  
Process Analysis ◽  
Waste Utilization ◽  
The European Union ◽  
Waste Streams ◽  
European Union Law ◽  
Legal Provisions ◽  
Waste Production ◽  
Legal Document ◽  
The Eu

Abstract One of the crucial reasons of the system changes of waste management in our legal system in Poland was a need to implement solutions and mechanisms that are applied in the European Union. At the European Union law level, a Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives constitutes a basic legal document described in this part of the article. The essential idea of the quoted directive is creating legal measures, promotion of eliminating waste production and treating it as a source instead. Achievement of these assumptions requires providing segregation at source and recycling of the main waste streams above all. It is necessary to encourage this action and support the reuse of products and waste utilization. Indicated international legal instruments are of primary importance for internal rules, which shall be constructed in a way that enables the achievement of goals determined by the EU law. Legal-organizational internal systems associated with the management of waste have undergone substantial changes from 2010. National legal provisions will be presented in the second part of the article.

scholarly journals The Contribution of Forensic Examination to Ensuring the Right to a Fair Trial within ECtHR Case-law

2021 ◽  
Vol 4 (4) ◽  
pp. 104-115
Author(s):  
Oleksandr Kliuiev ◽  
Оlena Agapova ◽  
Ella Simakova-Yefremian ◽  
Oleksandr Snigerov
Keyword(s):  
European Union ◽  
Forensic Science ◽  
Case Law ◽  
Legal Framework ◽  
Legal Regulation ◽  
Fair Trial ◽  
Court Decision ◽  
European Convention ◽  
The European Union ◽  
Legal Provisions

In this note, the authors study legal and procedural cases of the application of forensic research in the observance of the common European procedural guarantee ensuring the balance of justice during a trial: Art. 6 of the European Convention on Human Rights (right to a fair trial). Based on the current legislation of the European Union and Ukraine, peculiarities of legal regulation and application of forensic expert research during court proceedings are analysed. It is emphasised that established the approaches and practice of applying specific expertise in the countries of the European Union have some peculiarities. It is established that one of the ways to ensure the fairness of a court decision is using forensic science. While comparing the legal framework for providing justice in Ukraine and the European Union, the authors stressed the need to develop a separate policy guideline (strategy, concept, etc.), such as the Vision for European Forensic Science Area used in EU countries. Detailed analysis of the ECtHR case-law on the application of Art. 6 has made it possible to illustrate the specifics of applying forensic science by complying with the fair trial requirement. It is concluded that the adoption of a fair court decision becomes possible when: 1) the practice of law enforcement and legal provisions related to the dispute context are taken into account; 2) the circumstances of the case are established with the use of content and reference to evidence; 3) non-legal phenomena are taken into account, such as ethical, social, moral requirements accepted in society, etc.

scholarly journals The European Union competence in the public health field

2021 ◽  
pp. 87-92
Author(s):  
V. O. Tyumentsev
Keyword(s):  
Public Health ◽  
European Union ◽  
Legal Regulation ◽  
Health Protection ◽  
The European Union ◽  
Member States ◽  
The Public ◽  
Legal Provisions ◽  
Health Field ◽  
The Eu

The subject of this article is the competence of the European Union (EU) in the public health field within the territory of the Member States of this organization. The purpose of this article is to analyze how the EU's competence is distributed in relation to the competence of the member states using the primary treaty of the organization as a source. The article examines the powers of the EU organization within both the main and additional competence and analyzes how the EU interacts with the member states in the framework of health protection in accordance with the legal provisions of the primary source. The main and additional competence of the EU is considered separately, and there is also an analysis of the features and possible prospects of the legal regulation of health protection within the relevant branch of the law of the European Union.

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