(19a) If necessary, Member States should ensure that the extension of the term of protection of performers' rights is accompanied by legislative provisions that offer protection to performers in the form of fair contractual terms in respect of transfer or assignment.

There is no need for harmonisation at EU-level on the terms of contact on transfer or assignment; however, the attention of the Member States should be drawn to the fact that usually session performers do not have a real negotiating power therefore the terms of such contracts are usually one-sided.

(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 remains 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.

8". exploitation of the results" means the production or distribution of the contract products or the application of the contract processes or the assignment or licensing of intellectual property rights or the communication of know-how required for such manufacture or application;

(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 regulated to some extent, so that the right t ...[+++]o authorize a cable retransmission can still be assigned; whereas this Directive does not affect the exercise of moral rights;