Translation of "Faire cession d'un droit " (French → English) :

6. If, after the moment at which, by virtue of Article 3(1) and (2) in their version before the amendment by Directive [//insert: Nr of this amending directive]/EC, the performer and the phonogram producer would be no longer protected in regard of, respectively, the fixation of the performance and the phonogram, the phonogram producer no longer offers copies of at least one version of the phonogram for sale in sufficient quantity or makes available to the public, by wire or wireless means, at least one version of the phonogram, in suc ...[+++]h a way that members of the public may access it from a place and at a time individually chosen by them, the performer may request to the producer to do so, and if the producer does not fulfil that request within a reasonable time, the performer may terminate the assignment of rights in that phonogram.

Therefore, national rules on how performers' rights are transferred, assigned and how the contracts on such assignments and transfers are terminated should govern the exercise of the 'use it or lose it' clause as foreseen in Article 10a, paragraph 6.

(b) "technology transfer agreement" means a patent licensing agreement, a know-how licensing agreement, a software copyright licensing agreement or a mixed patent, know-how or software copyright licensing agreement, including any such agreement containing provisions which relate to the sale and purchase of products or which relate to the licensing of other intellectual property rights or the assignment of intellectual property rights, provided that those provisions do not constitute the primary object of the agreement and are directly related to the production of the contract products; assignments of patents, know-how, software copyright or a combination thereof where part of the risk associated with the exploitation of the technology rema ...[+++]ins with the assignor, in particular where the sum payable in consideration of the assignment is dependent on the turnover obtained by the assignee in respect of products produced with the assigned technology, the quantity of such products produced or the number of operations carried out employing the technology, shall also be deemed to be technology transfer agreements;

So we are talking about a very provider-friendly solution here. One of this Parliament's achievements has been the introduction of greater transparency in the granting of rights of way, for example drawing up a register setting out the procedures for granting rights of way in the Member States, and we have also managed to ensure that legal protection against rulings on rights of ways is guaranteed in all Member States.

(28) Whereas, in order to ensure that the smooth operation of contractual arrangements is not called into question by the intervention of outsiders holding rights in individual parts of the programme, provision should be made, through the obligation to have recourse to a collecting society, for the exclusive collective exercise of the authorization right to the extent that this is required by the special features of cable retransmission; whereas the authorization right as such remains intact and only the exercise of this right is reg ...[+++]ulated to some extent, so that the right to authorize a cable retransmission can still be assigned; whereas this Directive does not affect the exercise of moral rights;

Where the creditor's rights are assigned to a third person, the consumer's rights remain unaffected and action to enforce any claim may be taken against that third person.