11.10.2011 Official Journal of the European Union L 265/1 | (Legislative acts) DIRECTIVES DIRECTIVE 2011/77/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 27 September 2011 amending Directive 2006/116/EC on the term of protection of copyright and certain related rights THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 53(1), 62 and 114 thereof, Having regard to the proposal from the European Commission, Having regard to the opinion of the European Economic and Social Committee (1), Acting in accordance with the ordinary legislative procedure (2), Whereas: Under Directive 2006/116/EC of the European Parliament and of the Council (}), the term of protection for performers and producers of phonograms is 50 years. In the case of performers this period starts with the performance or, when the fixation of the performance is lawfully published or lawfully communicated to the public within 50 years after the performance is made, with the first such publication or the first such communi- cation to the public, whichever is the earliest. For phonogram producers the period starts with the fixation of the phonogram or its lawful publication within 50 years after fixation, or, if it is not so published, its lawful communication to the public within 50 years after fixation. () OJ C 182, 4.8.2009, p. 36. (3) Position of the European Parliament of 23 April 2009 (O] C 184 E, 8.7.2010, p. 331) and Decision of the Council of 12 September 2011. () OJ L 372, 27.12.2006, p. 12. ) O] O] The socially recognised importance of the creative contribution of performers should be reflected in a level of protection that acknowledges their creative and artistic contribution. Performers generally start their careers young and the current term of protection of 50 years applicable to fixations of performances often does not protect their performances for their entire lifetime. Therefore, some performers face an income gap at the end of their lifetime. In addition, performers are often unable to rely on their rights to prevent or restrict an objectionable use of their performances that may occur during their lifetime. The revenue derived from the exclusive rights of repro- duction and making available, as provided for in Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001 on the harmonisation of certain aspects of copyright and related rights in the information society (*), as well as fair compensation for reproductions for private use within the meaning of that Directive, and from the exclusive rights of distribution and rental within the meaning of Directive 2006/115/EC of the European Parliament and of the Council of 12 December 2006 on rental right and lending right and on certain rights related to copyright in the field of intellectual property (°), should be available to performers for at least their lifetime. The term of protection for fixations of performances and for phonograms should therefore be extended to 70 years after the relevant event. The rights in the fixation of the performance should revert to the performer if a phonogram producer refrains from offering for sale in sufficient quantity, L 167, 22.6.2001, p. 10. L 376, 27.12.2006, p. 28.