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Parliamentary questions
PDF 101kWORD 18k
5 November 2018
Question for written answer P-005595-18
to the Commission
Rule 130
Biljana Borzan (S&D)

 Subject:  The rights of the performer
 Answer in writing 

If an author expels a performer from a band for no justified reason, and the performer continues to pursue a solo career and to duly pay the author a fee for singing the author’s songs, as is prescribed by the law, while the performer has been the band’s only singer for 20 years, a co-founder of the band, and has contributed towards the popularisation of those songs through his charismatic performances and personality, what are the rights of this performer as compared to those of the author?

Can the author in such a case prohibit the performer from singing these songs (for no justified reason or motivated by pure hatred or revenge) if the performer duly pays the fee prescribed by ZAMP (collective billing system)?

If the author withdraws from a collective protection system and thus compels the performer to sign a contract (under threat of prohibition) and pay a larger amount of money than the law prescribes because the performer is singing some of the songs he performed in the band (a dozen or so pieces) at his own performances, and then after signing such a contract, returns to the collective protection system, can he collect fees from ZAMP and the performer at the same time? Can he independently determine the price of the song outside the realistic framework and price dictated by the market and common sense? Is this an example of abuse of the law?

Original language of question: HR 
Last updated: 14 November 2018Legal notice