In 2011 the EU extended the term of protection of performers’ neighbouring rights from 50 years to 70 years. In doing this, the EU aimed at guaranteeing that performers benefit from their economic right at least throughout their lives. However, the extension was only given to music performers, not to actors. And the expansion also appears to primarily benefit record labels. The recently published Report on the application of the Term Extension Directive (2011/77/EU) shows that the additional measures that should serve performers are not achieving the desired results. Nonetheless, the Commission does not see any need for changes.
AEPO-ARTIS and the 650.000 performers represented by our members are asking the European Parliament and the Member States to challenge the conclusions of the report and instruct the Commission to make the necessary legislative changes to give our performers the protection they are entitled to.
The directive needs to be amended in order to:
• Undo the unfounded discrimination against actors. They must be granted the same 70 years of protection as musicians.
• Provide performers’ CMOs with an effective right to information so performers effectively get the remuneration they are entitled to under this directive.
• Solve the problems created by remastering and specifically
Despite pressure from performers’ organisations, the Commission failed to comply with its legal obligations and produced this report nine years later than its deadline. This report now proposes to prolong the delay for at least two more years until the assessment of the 2019 CDSM directive has been delivered. This increased delay is unacceptable especially since the assessment is wholly irrelevant to the failures in the directive that performers have identified.
The only aspect where both directives intersect and which the Commission needs to look more specifically into when assessing the CDSM directive, is the remuneration right on streaming included in the Annual Supplementary Remuneration, and the possibility of extending it to guarantee an appropriate and proportionate remuneration to all performers.
Our performers call upon the Parliament and the Member States to not accept the conclusions of this report and instruct the Commission to improve the existing legislation to improve the rights of performers active in the music and audiovisual sector urgently.
Read the explanation of the problems of the Term Extension Directive here.
