On 31 August, a report by the CMU (Complete Music Update) was published entitled “Performer Payments from Streaming”.

The report addresses the minimal extent (if any) to which performers share in revenues generated through the exploitation of their performances via streaming services in the audio and audiovisual sectors. It also looks at the manner in which any payments are calculated and analyses the current business models and the roles played by various rightholders. It examines current commercial practices and different types of contracts that may be concluded, all in the context of market growth in both these sectors.

Among its findings was the statement that:

“With traditional broadcast – both TV and radio – copyright law in many countries has traditionally provided performers with royalties from the future exploitation of their work, oblivious of any contracts agreed with a copyright owner. However, with a few exceptions, this principle has not as yet been applied to streaming in most countries.”

It concludes that actors and non-featured performers generally receive nothing from streaming services and featured performers earn only between 5% and 8% on average of the revenue allocated to their recording.

 

The study in full is available here.

Exchanging with Commissioner Gabriel today, AEPO-ARTIS, FIA, FIM and IAO shared with her what they consider the European Commission’s key priorities should be in order to strengthen performers’ protection and enable them to envisage fulfilling professional careers.

AEPO-ARTIS, FIA, FIM and IAO welcome that the European Commission recognised the impact of the COVID-19 pandemic on the cultural and creative sector in its recent EU recovery plan. In this regard, it is absolutely essential that the EU can provide performers with appropriate short- and mid-term support, financial and otherwise.

However, the pandemic again illustrates that the current legislative framework does not sufficiently protect performers in the digital environment.

During the COVID-19 crisis, EU citizens have enjoyed and are still enjoying music, TV series and film in their confinement via on demand platforms such as Spotify and Netflix. Yet, despite the substantial profits these platforms make, most performers do not get a fair share from online use. This is due to the overwhelming contractual practices of the market as well as to the existing legal framework which does not sufficiently protect performers.

The implementation of the 2019 EU Copyright Directive provides Member States with a unique opportunity to remedy this situation. Article 18 requires Member States to ensure that performers receive appropriate and proportionate remuneration notably from on demand exploitations.

By introducing an unwaivable remuneration right for performers, paid by on-demand platforms and subject to mandatory collective management by performers’ organisations, all musicians, singers, actors, dancers would be guaranteed a fair share of these revenues.

During the meeting, Commissioner Gabriel expressed “The EU Copyright Directive should be read as bringing concrete benefits to performers. Given the impact of the current pandemic on creators all around Europe, it is crucial that Member States implement the Directive without further delay”.

AEPO-ARTIS, FIA, FIM and IAO welcomed the Commissioner’s support and are looking to the national governments to ensure performers are not left behind in the thriving Digital Single Market.

The press release is available here: FAIR INTERNET coalition meets with Commissioner Gabriel: Press release

For more information, please contact Nicole Schulze (+32 487 25 09 51)

Our website: http://www.fair-internet.eu

THE FAIR INTERNET COALITION WELCOMES THE ADOPTION OF THE COPYRIGHT DIRECTIVE AS A FIRST, IMPORTANT STEP IN THE RIGHT DIRECTION IN IMPROVING PERFORMERS’ RIGHTS

Brussels, 26 March 2019 I The FAIR INTERNET coalition representing over 500,000 musicians, singers, actors, dancers and other performing artists welcomes the European Parliament’s adoption of the 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 Directive 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. However, following today’s vote, Member States must now ensure that performers receive appropriate and proportionate remuneration, including for online exploitation.

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 making available on demand for performers paid by online platforms and subject to mandatory collective management.

 

The press release is available here: Fair Internet Coalition Statement On Adoption Of The Copyright Directive

 

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

Brussels, 18 February 2019, The FAIR INTERNET coalition representing over 500,000 musicians, singers, actors, dancers and other performing artists urges the Council and the Parliament to give their final approval 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 press release is available here: Fair Internet Coalition Press Release

For more information please visit www.fair-internet.eu or contact
Nicole Schulze: +32 478 250 951

Brussels, 18 February 2019, The FAIR INTERNET coalition representing over 500,000 musicians, singers, actors, dancers and other performing artists urges the Council and the Parliament to give their final approval 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 press release is available here: Fair Internet Coalition Press Release

For more information please visit www.fair-internet.eu or contact
Nicole Schulze: +32 478 250 951

Brussels, 11 September 2018:
Tomorrow, MEPs will vote in plenary on the EU Directive on Copyright in the Digital Single Market. The FAIR INTERNET coalition calls on all MEPs to safeguard the meaningful provisions seeking to improve the livelihoods of performers in Chapter III.

The FAIR INTERNET coalition, representing over 500.000 musicians, singers, actors, dancers and other performing artists, calls on members of the European Parliament – when considering amendments ahead of the plenary vote on 12 September on the draft directive on Copyright in the Digital Single Market – to uphold and confirm the meaningful improvements to the benefit of performers obtained in Chapter III, articles 14-16.

These are the only provisions in the Directive that are truly addressing the fundamental imbalance in the relationship between performers and producers, with a view to barring some of the most unacceptable contractual practices carried out in our industry, among which the relentless recourse to “buy-out” contracts, that prevent performers from being fairly remunerated for the exploitation of their work. These measures are a step in the right direction, as they may contribute to promoting a fair and equitable remuneration of performers for all modes of exploitation including for on demand uses.

The FAIR INTERNET coalition also welcomes the fact that articles 14-16, as adopted by the Legal Affairs committee, remove certain limitations in the European Commission’s original proposal that may have excluded a large number of performers from the benefit of these provisions.

Failing to reach an agreement on the Copyright Directive during tomorrow’s plenary vote would mean that these important achievements would be lost and performers would lose all reasonable chances to be fairly remunerated from online streaming and downloading services such as Netflix, Spotify and iTunes.

The statement is available here: FAIR INTERNET Statement re Plenary Vote

For more information please visit www.fair-internet.eu or
contact Nicole Schulze: +32 478 250 951

Brussels, 5 July 2018: The FAIR INTERNET coalition, representing over 500.000 musicians, singers, actors, dancers and other performing artists, calls on members of the European Parliament – when considering amendments ahead of the plenary vote in September on the draft directive on Copyright in the Digital Single Market – to safeguard the meaningful improvements to the benefit of performers obtained in Chapter III, articles 14-16.

These are the only provisions in the Directive that are truly addressing the fundamental imbalance in the relationship between performers and producers, with a view to barring some of the most unacceptable contractual practices carried out in our industry, among which the relentless recourse to “buy-out” contracts, that prevent performers from being fairly remunerated for the exploitation of their work. These measures are a step in the right direction, as they may contribute to promoting a fair and equitable remuneration of performers for all modes of exploitation including for on demand uses.

The FAIR INTERNET coalition also welcomes the fact that articles 14-16, as adopted by the Legal Affairs committee, remove certain limitations in the Commission’s original proposal that may have excluded a large number of performers from the benefit of these provisions. These improvements should be shielded against possible attempts by the industry to soften up the language, rendering the Directive utterly meaningless for performers.

The statement in full is available here: Fair Internet Statement

For more information please visit www.fair-internet.eu
or contact Nicole Schulze: +32 478 250 951

On 20 June 2018, the FAIR INTERNET coalition, representing over 500.000 musicians, singers, actors, dancers and other performing artists issued the following statement:

“Brussels, 20 June 2018: The FAIR INTERNET coalition, representing over 500.000 musicians, singers, actors, dancers and other performing artists, welcomes the vote of the European Parliament’s Legal Affairs committee.

Today’s vote finally asserted the principle that all performers should be paid a fair and proportionate remuneration for all modes of exploitation, including for on demand uses, and sends a clear signal against persistent and unacceptable buy-out practices.

The FAIR INTERNET coalition has long campaigned for EU institutions to address the fundamental injustice whereby an overwhelming majority of performers are left empty handed when their performances are exploited via streaming and downloading services.

Whilst the European Parliament today falls short of granting performers an unwaivable right to receive remuneration directly from service providers making their performances available on demand, it nevertheless encourages Member States to achieve this aim also by way of statutory remuneration mechanisms.

It also is a matter of satisfaction that articles 14-16, as adopted by the Legal Affairs committee, remove certain limitations in the Commission’s original proposal that had the potential to exclude a large number of performers from the benefit of these provisions.

The FAIR INTERNET coalition would like to thank all those MEPs across the political spectrum who expressed their continuous support to the legitimate cause of performers during the negotiations leading to the outcome of today’s vote.

It is a first step in the right direction towards the fair and equitable remuneration of performers when their performances are made available via digital services and which will hopefully be endorsed in the coming months during the trialogue negotiations with the Council and the European Commission.”

The statement is available here: FAIR INTERNET Coalition Statement