Today – 16 June 2022 – the Belgium Parliament completed the implementation of the so-called Copyright directive (2019/790). As one of the 13 remaining countries that were running late in implementing, Belgium felt the pressure of the European Commission that recently took a second step in the infringement procedure. AEPO-ARTIS, and the 650.000 performers our members represent, thanks Belgium profoundly for the way it implemented the Copyright directive by adapting its existing legislation to ensure better protection of performers and authors in the online environment.

Better late when it’s better

Article 18 of the Copyright directive obliges Member States to ensure that where authors and performers license or transfer their exclusive rights for the exploitation of their works or other subject matter, they are entitled to receive appropriate and proportionate remuneration. Although Member states have the freedom to use different mechanisms to make this principle effective, most have so far limited themselves to a literal copying of the wording of article 18. This “path of least resistance” approach disregards the explicit wording in the Directive that the rapid technological developments, that allowed new actors with new business models to manifest themselves, needed to be accompanied by measures adapting and supplementing the relevant legislation to make it future-proof (recital 3). It does nothing to ensure authors and performers receive “appropriate and proportionate remuneration”.

Taking this into account, the proposal submitted by the Belgian government to the Parliament included an additional remuneration right for the use of music and audiovisual works by so-called online content sharing service providers (OCCSP’s). Such right would allow performers and authors to collect a remuneration directly from platforms such as Youtube, Twitch and TikTok through their Collective Management Organisation. Article 17 of the Copyright directive introduces a payment obligation for these new types of business. With this choice, Belgium follows the German precedent and guarantees that part of that new revenue stream is directly distributed to performers and authors.

During the debate in the Parliament, this choice received broad support, but was criticised for being too limited given that commercial streaming platforms such as Netflix, Spotify and Disney+ did not fall within the scope of such remuneration right. Such a right already exists in a limited number of European countries and has proven to effectively strengthen the position of performers and authors. An amendment was therefore submitted, and approved, to introduce a second additional remuneration right which ensures that from now on these platforms also have to pay a remuneration that is distributed directly to performers and authors via their collective management organisations.

Christophe Van Vaerenbergh, General Manager of PlayRight, the Belgian CMO for performers, is very pleased with the final text: “PlayRight applauds the adoption of the Belgian DSM bill of law: this is a new era for neighbouring rights and a clear recognition that only a non-transferable and non-waivable right to remuneration provides sufficient and equitable protection for musicians and actors in the digital age.”

Challenged by statements from music producers who linked the choices made by this legislation to the end of all music activities in Belgium, Minister of Economic Affairs Dermagne defended the choice: “The addition of remuneration rights for online exploitations was made at the request of the artists” he said. “It empowers them to effectively receive a remuneration and during the upcoming Belgian EU presidency in 2024, we want to make an effort to generalise this system in the EU.”

“The only excuse to be late in this implementation is the search for the best additional measures to protect performers in the online environment they are increasingly dependent on”, says Ioan Kaes, General Secretary of AEPO-ARTIS. “These two provisions mark the most comprehensive and effective implementation of articles 17 and 18 of the Copyright directive so far. They are a model that the 12 countries that have yet to implement could adopt, and demonstrate to those who have opted for literal transposition that achieving a directive’s objectives is more important than achieving its deadline.” he adds.

AEPO-ARTIS counts on the responsible cooperation of all OCSSPs and commercial streaming platforms to quickly convert this modern piece of legislation into a modern practice where performers and authors can enjoy an appropriate and proportionate remuneration for the online exploitation of their works.

The FAIR INTERNET coalition representing over 500,000 musicians, singers, actors, dancers and other performing artists urges members of the European Parliament to give their final approval in plenary to the compromise agreement reached at trilogue on the draft Directive on Copyright in the Digital Single Market. Chapter III of this Directive includes provisions that constitute a first, encouraging step in the right direction, as they seek to increase transparency on contractual relations and level up the remuneration initially agreed, often little more than symbolic, with subsequent revenues. Most importantly, the trilogue compromise establishes that the remuneration of performers must be proportionate to the revenues generated by the exploitation of their work and that lump sum payments are to be the exception, rather than the rule.

Today, most performers are not remunerated when their performances are exploited via streaming and downloading platforms such as iTunes, Spotify, Amazon Prime and Netflix. With little bargaining power, they often have no choice but to transfer all economic rights on those productions, in return for a one-off payment and regardless of how successful the exploitation is in the end. According to Article -14 of the draft Copyright Directive, performers must now receive appropriate and proportionate remuneration, including for online exploitation. When implementing this new provision in their national legal systems, Member States will be responsible for making sure that performers finally get a fair share of the revenue generated from the exploitation of their work. To this end, the Directive clearly says that Member States may rely on different existing or newly-introduced mechanisms, including collective bargaining and other mechanisms. The FAIR INTERNET coalition calls on Member States to achieve this aim by introducing into their national systems a right to remuneration for performers paid by online platforms and subject to mandatory collective management.

The statement is available here: Fair Internet Statement

For more information:
Contact person: Nicole Schulze (0487 25 09 51)
Our website: http://www.fair-internet.eu
To follow us on twitter: https://twitter.com/FairInternet4P

On 7 November 2017, the Fair Internet Coalition, with the support of Mary Honeyball MEP, hosted a Live Performance With Murray Head at the Concert Noble, Brussels.

Prior to the event, a press conference was held at which British singer and actor Murray Head, most recognised for his international hit songs such as “One Night in Bangkok” and “Say it Ain’t So”, stated “I am here to lend my support to all European performers. The time has come to pay them properly when their performances are used online”.

Mary Honeyball, a British Member of the European Parliament representing London, and who has been working on the review of the Copyright Directive in the European Parliament, added her support to the campaign by stressing: “As politicians it is time to turn our sympathy for Europe’s performers into concrete actions. The upcoming vote on the review of the EU Copyright Directive will hopefully support giving a brighter future to hundreds of thousands of performers”.

The Fair Internet Coalition partners also contributed.

Nacho Garcia Vega, President of the International Artists Organisation (IAO), emphasised that “the derisory remuneration that most artists receive from the flourishing streaming business is not only an unfair reality but also the anchor that could slow down the great DSM project”.

Dominick Luquer, General Secretary of the International Federation of Actors (FIA) added “By and large, the sharing of revenues from online use invariably shores up in the pockets of producers. The value gap provision in the Directive is not going to change this but this much needed measure undoubtedly will”.

Xavier Blanc, Secretary General of the AEPO-ARTIS, representing 36 European performers’ collective management organisations, one of the 4 organisations behind the campaign, pointed out: “From a legislative point of view, the upcoming vote is a pivotal moment for culture, and the performers that help define it. A positive outcome will transform the livelihood of the vast majority of performers in Europe by giving them a fair return for the exploitation of their performances online”.

“The Fair Internet proposal is a simple and modern solution to a shockingly imbalanced situation. It will allow all European performers to be fairly rewarded for the online use of their creative contribution“, concluded Benoit Machuel, Secretary General of the International Federation of Musicians (FIM).

A statement released following the event is available here: Statement of the Fair Internet Coalition, 7 November 2017

German actor Hans Werner Meyer, starring in over 120 film and TV productions in Germany, and the FAIR INTERNET Coalition, representing over 500,000 professional performers across Europe, formally delivered today the “Make the Internet Fair for Performers” petition to Axel Voss MEP, rapporteur on the review of the Copyright Directive in the European Parliament.

The petition, supported by more than 33,000 signatories, calls on the European Parliament to grant EU performers an unwaivable right to fair remuneration for the on-demand use of their work.

While handing the petition over to MEP Axel Voss, Hans Werner Meyer stated “I encourage the European Parliament to continue supporting the rights of all performers. Performers are at the heart of Europe’s cultural identity and they must be able to make a decent living from their work. The EU draft copyright directive is an opportunity to make it right, and I count on the European Parliament’s support“.

Axel Voss MEP accepted the petition and said: “We will discuss the remuneration right in the next shadow-meeting. Seen the high importance of this topic, I hope for a fruitful discussion that can lead us to a balanced approach”.

A FAIR INTERNET Coalition statement published following the handover of the petition is available here: FAIR INTERNET Coalition Statement