As part of a broad coalition of 24 creative and cultural organisations, AEPO-ARTIS co-signed the following statement to express the sector’s concerns over the Council’s general approach on the Digital Services Act adopted earlier today. Read the full statement below.

25 November 2021 – Brussels,

We represent a broad coalition of organisations in the creative and cultural sectors in Europe, including music, audio-visual, literary and visual authors; performers; book, music, scientific, technical, and medical publishers; recorded music, film and TV producers; sports rights owners; distributors and photo agencies.

We are very concerned that the General Approach on the Digital Services Act (DSA) adopted today by the Council fails to deliver on the DSA’s original objective of establishing more accountability for online platforms and creating a safer and more trustworthy online environment.

Paradoxically, some of the modifications proposed would have the exact opposite effect. They would weaken the current liability regime and have a detrimental impact on the existing standards and good practices for addressing illegal content and activities in some areas, including online infringements of copyright and related rights.

Among the points of concern to our sectors, there are three specific issues that we would like to draw attention to in particular:

1. The introduction of a “safe harbour” for search engines alongside “caching” services in Article 4 of the DSA would go against the EU’s general political commitment not to modify or broaden the liability limitations under the e-Commerce Directive. The goal of increasing the accountability of search engines should be achieved through the introduction of effective due diligence obligations, not by making them beneficiaries of a broad and unjustified “safe harbour”. This new “safe harbour” would fall below several existing national measures and obligations and would remove all incentives for search engines to stop enabling access to illegal or harmful content – and make money on the back of such activity.

2. Proposals establishing that intermediary services can continue to benefit from the “safe harbour” privileges even when they do not comply with their due diligence obligations would equally remove all real and impactful incentives for compliance with their obligations under the DSA. Diligent behaviour is and should continue to be a factor to assess the eligibility for “safe harbours”.

3. The lack of ambition in setting truly effective due diligence obligations fails to reflect the broad scope of illegal activity that takes place online. Extending the scope of application of the obligations to ensure the traceability of business users (“Know Your Business Customer”) is necessary to tackle the serious problem of illegal operators acting on a commercial scale and hiding behind false identities. There should also be more effective tools introduced when it comes to addressing rogue players, repeat infringers and systematic illegal activities. A meaningful mechanism for the enforcement of these obligations should be established to ensure that EU consumers have as little exposure as possible to illegal content, services, and products.

The EU has a unique opportunity to create a secure, well-functioning online environment to improve consumer trust and enable our creative sector to grow in the EU Digital Single Market. It is therefore crucial for Member States, together with other co-legislators, to reassess the above-mentioned proposals.

Yours sincerely,

AEPO-ARTIS is a non-profit making organisation that represents 37 European performers’ collective management organisations from 27 different countries. The number of performers, from the audio and audiovisual sector represented can be estimated at 650,000. AEPO-ARTIS’s mission is to protect, strengthen and develop performers’ rights and to advance their collective management. AEPO-ARTIS aspires to ensure all performers benefit from the exploitation of all their performances and thus contribute to creativity and cultural diversity.

ANIMATION in EUROPE federates 17 Animation Producers Associations from 15 countries of the European Union to stand for the development of the animation industry in Europe and defend the interests of independent producers and distributors of series and films.

CEPI, the European Audiovisual production Association, is the voice of independent production in Europe since 1990. Today CEPI represents 19 national film and audiovisual Production associations from 17 European countries, as well as other organisations such as the Pan-European Association of Animation. CEPI role is to represent the interests of independent producers and foster a strong, independent film and television production sector.

CEPIC, the Center of the Picture Industry, federates 600 picture agencies and photo libraries in 20 countries across Europe, both within and outside the European Union. CEPIC’s membership includes large and smaller stock photo libraries, major photo news agencies, art galleries and museums, video companies.

ECSA, the European Composer and Songwriter Alliance, represents 57 member organisations and over 30,000 professional composers and songwriters in 27 European countries. ECSA’s core mission is to defend and promote the rights and interests of composers and songwriters with the aim of improving their social and economic conditions, as well as enhancing their artistic freedom.

EUROCINEMA represents the interests of film and television producers to the European Union bodies concerning all the issues directly or indirectly affecting film production.

FEP, the Federation of European Publishers, represents 29 national books and learned journals publishers’ associations of the European Union and the European Economic Area.

FERA, the Federation of European Screen Directors, was founded in 1980 and represents film and TV directors at European level, with 48 directors’ associations as members from 35 countries. It represents more than 20,000 European screen directors, representing their cultural, creative and economic interests.

FIA, the International Federation of Actors represents performers’ trade unions, guilds and professional associations in about 60 countries. In a connected world of content and entertainment, it stands for fair social, economic and moral rights for audiovisual performers working in all recorded media and live theatre.

FIAD, the International Federation of Film Distributors’ and Publishers’ Associations, represents national associations of film distribution companies. FIAD’s members operate in 14 countries where they cover 90 to 100% of the theatrical market.

FIAPF is the International Federation of Film Producers’ Associations. Its members are 36 film and TV producer organizations from 29 countries, including 15 in the EU/EEA. Their activities include the development and production of films and audiovisual content which are distributed offline and online via all forms of authorised and legal online distribution channels.

FIM, the International Federation of Musicians, founded in 1948, is the only organisation representing musicians’ unions globally, with members in 65 countries covering all regions of the world. FIM is recognised as an NGO by diverse international authorities such as WIPO, the ILO, UNESCO, the European Commission, the European Parliament or the Council of Europe.

FSE, the Federation of Screenwriters in Europe, is a network of national and regional associations, guilds and unions of writers for the screen in Europe, created in June 2001. It comprises 27 members from 22 countries, representing more than 7,500 screenwriters in Europe.

GESAC, the European Grouping of Societies of Authors and Composers, comprises 32 authors’ societies from across the European Union, Norway, and Switzerland. As such, it represents over one million creators and rights holders in the areas of musical, audio-visual, visual, and literary and dramatic works.

IAO, the International Artist Organisation, is the umbrella association for 10 National coalitions advocating for the rights and interests of the Featured Artists in the music industry. It was established to represent featured artists and lobby both for fair and balanced rights, and also for a fair share of all value stemming from the artists’ works.

ICMP is the world trade association for music publishers and companies. It represents more than 90% of the world’s published music. Its membership comprises 61 national associations, including each of the 27 EU Member States.

IFPI, the International Federation of the Phonographic Industry, is the organisation that promotes the interests of the international recording industry worldwide. IFPI’s mission is to promote the value of recorded music, safeguard the rights of record producers and expand the commercial uses of recorded music in all markets where its members operate.

IFTA is the global trade association for independent film and television production, finance, distribution, and sales companies. The organization represents the independent sector before governments and international bodies and provides significant entertainment industry services to more than 135 member companies from 23 countries.

IMPALA is the European association of independent music companies, representing over 5,000 music SMEs. Its mission is to grow the independent music sector sustainably, return more value to artists, promote diversity and entrepreneurship, improve political access, inspire change and increase access to finance.

IMPF is the global network for independent music publishers. It represents the interests of indie music publishers internationally, shares experiences and best practices, exchanges information on the copyright and legal framework in different territories and jurisdictions, and helps stimulate a more favourable environment for artistic, cultural and commercial diversity for songwriters, composers and publishers everywhere.

IVF, the International Video Federation. Its members are associations representing businesses active in all segments of the film and audiovisual sector in Europe. Their activities include the development, production, and distribution of films and audiovisual content as well as their publication on digital physical carriers and via all forms of authorised and legal online distribution channels (TVOD, SVOD, AVOD).

MPA, the Motion Picture Association, is the leading advocate of the film, television, and streaming industry around the world.

SROC, the Sports Rights Owners Coalition, is a forum of over 50 international and national sports bodies and competition organisers, with a particular focus on rights issues.

STM is the leading global trade association for academic and professional publishers. The membership is composed of over 140 organisations who are based globally and include academic and professional publishers, learned societies, university presses, start-ups and established players.

Brussels, 13 September 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 plenary on the draft Copyright Directive.

The vote finally asserted the principle that all performers should be paid a fair and proportional 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 unfortunately 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 by way of statutory remuneration mechanisms.

It also is a matter of satisfaction that articles 14-16, as adopted in plenary, remove certain limitations in the European 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 this positive outcome.

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

The statement is available here: Fair Internet Statement on Plenary Vote

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

On 4 June 2018, a number of European performers and audiovisual authors released the following open letter addressed to Members of the Legal Affairs committee of the European Parliament:

Brussels, 4 June 2018

Dear Member of the Legal Affairs committee,

Re: Copyright Directive: Open letter from performers and audiovisual authors

We came to Strasbourg a few days ago to discuss the draft Copyright Directive and fair remuneration of performers and audiovisual authors. We learnt that very little time is left before decisions are taken on the final compromise amendments to be voted on in committee in June.

This is why we are now writing to you. We urge you to speak up for all of us musicians, singers, actors, dansers, screenwriters and directors. The time is now! Not in 10 or 20 years. But now!

Streaming and downloading platforms are no longer part of an emerging market, but it is how most people now enjoy listening to music or watching films or series.

Whilst the Internet is a fantastic tool for us musicians, actors, screenwriters and directors, the system we operate in is rotten. It is no longer working.

With producers and now also online platforms such as Netflix and Spotify dominating the market, no one can with sincerity still talk about contractual freedom. There is no such thing.

Whilst legislation did protect us in the analogue world guaranteeing that we are paid fairly, it does not when the same music recording, series or film is streamed or downloaded. How can this be seen as fair? It is not.

What we do is our passion but it must also be able to pay the bills. Only if we are able to make a decent living from our work, can we keep on creating. But too many of us are not able to make ends meet anymore.

It is not just worrying for us as experienced performers and audiovisual authors. The current situation also discourages new young talent from entering the creative arts. The future of European culture does not look bright if this is not addressed.

This is why we are calling on you to upgrade current EU law, taking what is working for us in the analogue world and adapting it to the digital one, namely by introducing an unwaivable remuneration right, paid by the online platforms and subject to collective management into the draft EU Copyright Directive.

The desperate situation of performers and audiovisual authors cannot be fixed with transparency and a contract adjustment mechanism alone.

We count on your support to turn things around. This is a once in at least a decade opportunity to make things right. Please raise your voice ahead of this week’s meeting of the rapporteur and shadows.

Yours sincerely,

Costa-Gavras, Greek-born French screenwriter and director
Murray Head, British musician and actor
Julie Bertuccelli, French screenwriter and director
Jochen Greve, German screenwriter
Hans Werner Meyer, German actor
Jean-Jacques Milteau, French musician
Paola Randi, Italian director and screenwriter
Johan Van Assche, Belgian actor and director
Nacho Garcia Vega, Spanish musician and songwriter

The open letter is available for download here: Open Letter

On 21 November 2017, the partners in the FAIR INTERNET Campaign with the support of AEPO-ARTIS member GVL held a German Media Briefing at the Renaissance Hotel in Brussels.

Entitled “Wird die Reform der Urheberrechtsrichtlinie eine gerechte Behandlung der deutschen Künstler in der Online-Welt gewährleisten?”, the event featured contributions from the German performer Miu (http://miu-music.de/), Florian Richter (Chairman of Dachorganisation der Musikschaffenden e.V.), Gerald Mertens (Managing Director of Deutsche Orchestervereinigung) and Tilo Gerlach (President of AEPO-ARTIS).

It provided an opportunity for the speakers to share their views on the current reform of the EU copyright directive and its impact on performers in Germany and the rest of the EU. Following the event, particpants enjoyed an exclusive live acoustic performance from Miu.

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

On 16 October 2017, the partners of the FAIR INTERNET Campaign with the support of AEPO-ARTIS members SAWP and STOART held a debate with the Polish press and Polish representatives of the European Parliament in Brussels.

The meeting, hosted by MEP Bogdan Wenta, provided an opportunity to discuss the European Commission’s proposal for a Directive on Copyright and the FAIR INTERNET Campaign as it relates specifically to the situation in Poland.

Renowned Polish performers Michał Urbaniak, Wanda Kwietniewska and Wincenty Krawczyk shared their real life experiences with EU press and decision-makers, calling for an unwaivable right to remuneration from on-demand exploitations of their performances paid by online platforms such as iTunes, Spotify and Netflix and administered via performers’ collective management organisations.

The renowned Polish singer Irena Santor also sent a video message in support of the FAIR INTERNET campaign.

For more information please view the statement (in Polish) available below or contact the AEPO-ARTIS Secretariat.

⇒ Fair Internet Campaign Statement (Polish)

On 16 October 2017, the partners of the FAIR INTERNET Campaign with the support of AEPO-ARTIS members SAWP and STOART held a debate with the Polish press and Polish representatives of the European Parliament in Brussels.

The meeting, hosted by MEP Bogdan Wenta, provided an opportunity to discuss the European Commission’s proposal for a Directive on Copyright and the FAIR INTERNET Campaign as it relates specifically to the situation in Poland.

Renowned Polish performers Michał Urbaniak, Wanda Kwietniewska and Wincenty Krawczyk shared their real life experiences with EU press and decision-makers, calling for an unwaivable right to remuneration from on-demand exploitations of their performances paid by online platforms such as iTunes, Spotify and Netflix and administered via performers’ collective management organisations.

The renowned Polish singer Irena Santor also sent a video message in support of the FAIR INTERNET campaign.

For more information please view the statement (in Polish) available below or contact the AEPO-ARTIS Secretariat.

⇒ Fair Internet Campaign Statement (Polish)