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.

It has been over a month since the invasion of Ukraine started, leaving the world shaken and in disbelief, changing it forever. Over ten million people left their homes in search of safer places for them and their families, many of those are artists and performers as well as many working in related industries.

One of those people is also our colleague Natalia Teslia, who, escaping the war and bombing in Kyiv, found her refuge in Poland, with help of her many colleagues from the CMO community.

Since the New Year when the news of a possible Russian invasion came out, Natalia, who is working on international agreements and international distribution in Ukrainian largest CMO ULCRR – Ukrainian League of Copyright and Related Rights, has been living in fear. Remembering what happened in Donetsk and Luhansk in 2014, she started preparing for the worst, but hoping for the best. Unfortunately, her deepest fears came true when on 24th of February she was woken up by the sound of the explosions and realized she needed to leave.

She made her way to Kremenchuk, to meet with a friend with whom she decided to seek safety at a countryside as they considered it to be safer than the city. They already had some food supplies with them as well as power banks and other necessities, once there, they were collecting wood for cooking and heating, however, being constantly under alarms and danger, they realized they weren’t safe there either and decided to make their way to the Polish border.

By that time Natalia was already in contact with colleagues at several CMO’s. In 2021 ULCRR became a member of SCAPR and everyone was asking how she was doing and offering support.

“That was really touching, and it really matters, that kind of communication and support.”, she explains, remembering the hardships like endless lines, strict curfews, bomb alarms while attempting to reach the Polish border but also incredible displays of solidarity and support like help with free accommodation and food which truly gave her inspiration and strength to continue to safety.

And one of the most inspiring and welcoming communities was that one of the CMO’s as people really showed they cared and wanted to help: ‘I had a contact with Bogusław Pluta from Polish CMO ZPAV (Polish Society of the Phonographic Industry) who was a volunteer meeting Ukraininans on the border, helping them find accommodation. And he was not the only one helping – Anna Błeszyńska-Drewicz from the Polish CMO SAWP offered accommodation for her and her friends.

“I can’t find even words, for all the care, support and welcoming.” she added.

During all this time, Natalia stayed in contact with her colleagues – some of which, like herself, managed to escape to safer areas and others, mostly men, staying in Ukraine. And though ULCRR CEO Oleksandr Nikin formally suspended their activities as of 1st March, with employees being able to receive some help from the state and all the collections have stopped, ULCRR still managed to make a distribution even in these times of war. Natalia’s colleague from the distribution Sergiy Smirnov joined the army two days before the start of the invasion, and beginning of March, while being in the army during the day, he still managed to do the distribution during the night knowing many artists were depending on it. “I don’t know how he managed to do it. We are all very proud of him.”, she says.

A great help has also been Agnieszka Parzuchowska from STOART, who is in close contact with both Natalia and colleagues from other CMO’s and SCAPR trying to find possibilities to help not only their colleagues but also Ukrainian performers and young musicians. Many of them are trying to ease the difficult everyday reality of their fellow Ukrainians. “For example, our member Maria Burmaka is in Kyiv and posts every day, she does online evenings for children, playing guitar, singing songs, just to make children feeling better.”, says Natalia deeply moved by everything her colleagues are doing. “Everyone just wants that Russian troops were defeated as soon as possible and Putin’s regime received an assessment in international law and that children would never been killed and terrified anywhere else in the world.”, she concludes.

Other performers, like Tina Karol, who managed to escape to safety to other countries are trying to help by participating in concerts and events raising funds to help for Ukraine.

“Everyone is doing the most they can.”, agree Natalia and Agnieszka. And though the activities of ULCRR are currently suspended, Natalia continues to work for the performer’s community now shifting her tasks to ones related to war – identifying the performers both in Ukraine and abroad who need help.

The world has come together to show support for Ukrainians. On 8th and 9th of April, the European Commission is organizing ‘Stand Up For Ukraine’ a social media rally in partnership with international advocacy organisation Global Citizen, with performers worldwide such as Billie Eilish, Chris Isaak, Radiohead and many more joining to raise funding in support of people fleeing the invasion of Ukraine.

Ukrainian President Volodymyr Zelenskyy, a member of the performers’ community himself is also a part of the campaign saying in a statement: “On April 9, the biggest online ‘Social Media Rally’ ever will support people who were forced to flee Ukraine. I’m inviting everybody: musicians, actors, athletes, businessmen, politicians, everybody. Everyone who wants to join this movement and stand up for Ukraine.”

For more details on the rally and how you can support, please see here. We can only hope that this senseless war ends soon.

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.

AEPO-ARTIS co-signs Letter To The European Commission On Behalf Of Europe’s Cultural And Creative Sectors:

Dear President von der Leyen,
Vice-President Schinas,
Commissioners Hahn, Gabriel, Breton,

Culture has always been a vibrant social resource, able to heal wounds in times of crisis. Culture carries tremendous intrinsic value and contributes significantly to the economy, with 4.2% of the EU GDP and 7.4 million jobs created. Culture is a vital component of the European integration and solidarity. It unites the European multitude of mentalities and histories in all their diversity, and shapes a common space for Europeans to develop a shared identity.

As our societies are going through an unprecedented turmoil, we call on the EU and its Member States to make sure that culture is placed at the core of each and every recovery plan, which aims at a sustainable, inclusive and future-looking revival of our social and economic life.

Cultural and creative sectors (CCSs) themselves are among the most seriously damaged by the pandemic. Cultural activities are being halted, millions of jobs are frozen or wiped out, micro and small businesses are on the brink of bankruptcy and many talents are forced to leave the sector altogether.

On top of that, we are at the beginning of a second wave in Europe that will undoubtedly increase the impact of the pandemic crisis on the CCSs.

This unprecedented uncertainty prevents the CCSs from bouncing back, devising viable short and mediumterm plans and imagining a different future. There is a risk that citizens will not find their vibrant cultural life back in the post-pandemic world. This would be a huge loss in terms of social cohesion, communities’ empowerment, individual well-being, and the economic revival of the EU.

While it has started addressing these concerns with some concrete measures in the past months, the European Commission also clearly included culture as one of the 14 priority ecosystems to repair, when presenting the recovery package for Europe, back in May. However, we regret that the European Commission has not integrated clear and strong references to culture in the “Guidance to Member States Recovery and Resilience Plans.” Now that the dialogue with the Member States on the design of their national recovery and resilience plans has kicked off, it is crucial that CCSs are fully included in the attainment of the main RRF objectives.

Therefore, we, the pan-European community of 110 networks and associations, call on the European Commission to encourage Member States to fully integrate culture in their national recovery and resilience plans, allocating at the very least 2″% of the RRF budgets to the CCSs, as called for by the European Parliament in its recent resolution on the “Cultural Recovery of Europe”.

This should be monitored and stimulated, inter alia, through the Commission’s assessment of the national recovery and resilience plans.

It is our common duty to preserve culture in these challenging times, and we hope you will do everything possible to safeguard the diversity, vibrancy and richness of Europe.

SIGNATORIES:
Amateo – Europe’s Network for Active Participation in Culture | Arty Farty | Association de Producteurs de Cinéma et de Télévision (Eurocinema) | Association des Centres Culturels de Rencontre (ACCR) | Association Européenne des Conservatoires, Académies de Musique et Musikhochschulen (AEC) | Association of European Performers’ Organisations (AEPO-ARTIS) | Association of European Radios (AER) | b.creative network | Biennale des Jeunes Créateurs de l’Europe et de la Mediterranée (BJEM) | BOZAR – Centre for Fine Arts | Centre Européen de Musique (CEM) | Centre of the Picture Industry (CEPIC) | Circostrada – European Network for Circus and Street Arts | Coalitions Européennes pour la Diversité Culturelle (CEDC) | Confédération internationale des cinémas d’art et d’essai (CICAE) | Culture Action Europe (CAE) | De Concert! Fédération Internationale de Festivals | European Association of Archaeologists (EAA) | ELIA – globally connected European network of higher arts education | ESNS (Eurosonic Noorderslag) | EU National Institutes for Culture (EUNIC) | Europa Cinemas | Europa Distribution – The European Network of Independent Film Publishers and Distributors | Europa Nostra | Europavox | Europe Jazz Network (EJN) | European and International Booksellers Federation (EIBF) | European Arenas Association (EAA) | European Association for Music in Schools (EAMS) | European Association of Independent Music Companies (IMPALA) | European Audiovisual Production (CEPI) | European Children’s Film Association (ECFA) | European Choral Association – Europa Cantat (ECA-EC) | European Composer & Songwriter Alliance (ECSA) | European Concert Hall Organisation (ECHO) | European Council of Associations of Literary Translators (CEATL) | European Creative Business Network (ECBN) | European Creative Hubs Network (ECHN) | European Cultural Foundation | European Dancehouse Network (EDN) | European Fashion Heritage Association (EFHA) | European Federation of Fortified Sites (EFFORTS) | European Federation of Journalists (EFJ) | European Federation of National Youth Orchestras (EFNYO) | European Festivals Association (EFA) | European Games Developer Federation (EGDF) | European Grouping of Societies of Authors and Composers (GESAC) | European Historic Thermal Towns Association (EHTTA) | European Music Council (EMC) | European Music Exporters Exchange (EMEE) | European Music School Union (EMU) | European network for live music associations (Live DMA) | European Network for Opera and Dance Education (RESEO) | European Network of Cultural Centres (ENCC) | European Network on Cultural Management and Policy (ENCATC) | European Publishers Council (EPC) | European Route of Industrial Heritage (ERIH) | European Theatre Convention (ETC) | European Union of Music Competitions for Youth (EMCY) | Europeana Foundation | Europeana Network Association | Eurozine | Fédération européenne des écoles de cirque professionnelles (FEDEC) | Federation of European Publishers (FEP) | Federation of European Screen Directors (FERA) | Federation of Screenwriters in Europe | Future for Religious Heritage (FRH) | ICMP – The global voice of music publishing | IFPI – representing the recording industry worldwide | IN SITU, European platform for artistic creation in public space | Independent Music Publishers International Forum (IMPF) | Innovation Network of European Showcases (INES) | Interactive Software Federation of Europe (ISFE) | International Artist Organisation of Music (IAO) | International Association of Art (IAA) Europe | International Association of Music Information Centres (IAMIC) | International Association of Music Libraries, Archives and Documentation Centres (IAML) | International Federation of Actors (FIA) | International Federation of Film Distributors’ Associations (FIAD) |International Federation of Film Producers Association (FIAPF) | International Federation of Musicians (FIM) |International Music+Media Centre (IMZ) | International Network for Contemporary Performing Arts (IETM) | International Video Federation (IVF) | Jeunesses Musicales International (JMI) | Kids REGIO | Literature Across Frontiers (LAF) | Liveurope – the live music platform for new European talent | Michael Culture Association (MCA) | National Association of Music Merchants (NAMM) | Network of European Museum Organisations (NEMO) | News Media Europe | Northern Dimension Partnership on Culture (NDCP) | On the Move | Opera Europa | Pearle* – Live Performance Europe | REMA – European Early Music Network | Res Artis – Worldwide Network of Arts Residencies | SHAPE platform | System Europe | Société des Auteurs et Compositeurs Dramatiques (SADC) | South East European (SEE) Heritage Network | The European Network for Professional Chamber Choirs (Tenso) | The International Federation of Reproduction Rights Organisations (IFRRO) | The Society of Audiovisual Authors (SAA) | Trans Europe Halles (TEH) | UNI Global Union – media, entertainment & arts (UNI MEI) | Union Internationale de Cinémas (UNIC) | We are Europe | Yourope – The European Festival Association

The lettter in full is available here: Letter on the inclusion of culture in the RRF

Performers’ organisations welcome European Parliament’s CCFG call to the European Commission and Member States to ensure an effective implementation of article 18 EU Copyright Directive guaranteeing the fair remuneration of authors and performers for the use of their work on streaming services

Today’s open letter of the Cultural Creators Friendship Group of the European Parliament sends a strong signal to the European Commission and the Member States. It confirms that the European Parliament stands fully behind article 18 of the 2019 Copyright Directive, which aims to provide performers with a proportionate remuneration for all online exploitations of their fixed performances, including from on demand use.

The FAIR INTERNET coalition strongly welcomes this open letter which is available here: CCFG Open Letter

Member States, who are now implementing this provision into their national laws, should not limit such implementation to a mere verbatim of article 18 of the 2019 Copyright Directive. They must make sure that the objective of the article is met.

Compliance with the spirit and objectives of article 18 depend entirely on the measures that Member States will put in place. They must create a sustainable streaming market, where performers are fairly and proportionately remunerated. The FAIR INTERNET coalition believes that the introduction of an unwaivable remuneration right, managed by performers’ CMOs and paid by digital platforms, constitutes an option that is simple, efficient and fully in line with the EU acquis.

It is crucial that Member States ensure that the 2019 Copyright Directive results in an actual improvement of the situation of performers. The status quo is not an acceptable!

The FAIR INTERNET coalition statement is available here: FAIR INTERNET coalition statement

For further information please contact:
Nicole Schulze
+32 487 25 09 51

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

Europe’s cultural and creative sectors call for ambitious EU budgetary measures to get through the COVID-19 crisis

Time to put words into action!

Europe’s cultural and creative sectors were among the first and hardest hit by the unprecedented COVID-19 crisis. They will also be among the last. Across Europe, almost all cultural activities have been cancelled or postponed indefinitely, while venues and retailers have closed with disastrous consequences for all creators’ and cultural and creative professionals’ livelihoods, as well as the ecosystem as a whole. Millions of jobs are on the line.

In its Resolution on how to combat the COVID-19 crisis and its consequences, the European Parliament rightly underlines that the cultural and creative sectors “have been hit especially hard by the fallout from the COVID-19” and “calls for the EU and the Member States to provide support to the cultural and creative sectors as they play an important role for our economy and our social life and are severely affected by the current crisis”.

Commissioners, Ministers and MEPs are also regularly stressing the vital importance of protecting and supporting the cultural ecosystem and creators all over Europe, to ensure that they can continue to create and invest – for the enjoyment of all Europeans, both during and after the crisis.

So far, the EU has provided much-needed financial support to Member States to protect jobs, workers and businesses affected by the coronavirus pandemic, but has failed to adequately address the specific needs of our sectors. The Cultural and Creative Sectors, which stand at €509bn in value added to GDP and over 12 million full-time jobs (7.5 % of the EU’s work force), must be considered as priority sectors and benefit from ambitious budgetary measures. Only a limited number of countries have introduced broad furlough compensation schemes while the majority of professionals working in the cultural and creative sectors were put on unpaid leave as very few employers have the means to continue paying salaries or compensation without state support. In addition, our sectors have a much higher than average percentage of self-employed workers with little to no access to social benefits who find themselves in extremely precarious situations as they are left without resources.

As the European Commission is due to propose a new long-term EU budget and recovery plan, it is now time to put words into action. The undersigned organisations from across Europe’s cultural and creative sectors are calling on the EU:

• To propose an ambitious budget for the future Creative Europe Programme 2021-2027 – the only EU framework Programme specifically dedicated to the cultural and creative sectors – which represents today a mere 0.15% of the overall EU Budget. The European Parliament’s proposal for a budget of €2.8bn should be considered the absolute minimum for a Programme commensurate with the sector’s contribution to the EU economy and wellbeing, and with its needs and challenges in these times of crisis.
• To ensure that the cultural and creative sectors, are included as priority sectors in the EU’s planned Recovery Fund, with sector specific funding. Our sectors are among the hardest hit, and our intercon- nected value-chains are fragile – if they are to get through the crisis, especially SMEs, urgent support is needed, including liquidity/cash flow measures leading into 2021.
• Boosting the EU’s loan guarantee facility for the cultural and creative sectors under the future Invest EU programme, with increased budget, guarantees and flexibility. Loan guarantee instruments have a demonstrated trigger effect on investment, which is urgently needed in these difficult economic times.
• To secure a strong budget for Horizon Europe’s new cluster “culture, creativity and inclusive society”. In light of their innovation-driven and risk-taking nature, Europe’s cultural and creative sectors should benefit from a strong budget under Horizon Europe.
• To ensure that EU funds, notably structural funds, reach the cultural and creative sectors swiftly and effectively.

   

• To ensure that a meaningful part of the EU funding is also deployed to support the livelihood of creators, creative workers and freelancers throughout this unprecedented crisis.

In these hard times, as the contribution of Europe’s cultural and creative sectors to the social, economic and artistic development of Europe couldn’t be more tangible, yet our sectors find themselves in danger of partial collapse, it is more important than ever to preserve and support Europe’s arts, culture and heritage and the values they promote.

Investing in our culture is investing in our future. Now is the time to turn words into concrete measures.

SIGNATORIES

ACT – Association of Commercial Television in Europe
AEC – Association Européenne des Conservatoires, Académies de Musique et Musikhochschulen AEPO-ARTIS – Association of European Performers’ Organisations
ANIMATION EUROPE
CAE – Culture Action Europe
CEATL – The Council of European Literary Translator Associations
CEPI – European Audiovisual Production
CEPIC – Centre of the Picture Industry
CICAE – International Confederation of Arthouse Cinemas
CIRCOSTRADA – European Network for Circus & Street Arts
ECA – European Choral Association – Europa Cantat
ECCD – The European Coalitions for Cultural Diversity
ECSA – European Composer and Songwriter Alliance
EDN – European Dancehouse Network
EFA – European Festivals Association
EFFORTS – European federation of fortified sites
EFJ – The European Federation of Journalists
EFNYO – On behalf of the European Federation of National Youth Orchestras
EFP – European Film Promotion
EHTTA – European Historic Thermal Towns Association
EI – Europa International
EIBF – European and International Booksellers
ELIA – globally connected European network of higher arts education
EMC – European Music Council
EMCY – European Union of Music Competitions for Youth
EMEE – European Music Exporters Exchange
EMU – European Music School Union
ENCATC – The European network on cultural management and policy
ENCC – European Network of Cultural Centres
EOFed – European Orchestra Federation
ERIH – The European Route of Industrial Heritage EuroCinema
Europa Cinémas
Europavox
Eurozine – European network of cultural journals
EVA – European Visual Artists
FEDEC – European Federation for Professional Circus Schools
FEP – Federation of European Publishers
FERA – Federation of European Film Directors
FIA – International Federation of Actors
FIAPF – International Federation of Film Producers Associations
FIM – International Federation of Musicians
FSE – Federation of Screenwriters in Europe
GESAC – The European Authors’ Societies
IAO – International Artist Organisation of Music
ICMP – The Global Voice of Music Publishing
IETM – International network for contemporary performing arts
IFPI – International Federation of the Phonographic Industry
IFRRO – International Federation of Reproduction Rights Organisations IGCAT – International Institute of Gastronomy, Culture, Arts and Tourism IMMF – International Music Managers Forum
IMPALA – Independent music companies association
IMPF – Independent Music Publishers International Forum
IN SITU – European platform for artistic creation in public space
ISFE – The Interactive Software Federation of Europe
IVF – International Video Federation
JM International
KEA European Affairs
Live DMA – European network for music venues, clubs and festivals Liveurope – the platform for new European talent
Michael Culture
NEMO – The Network of European Museum Organisations
On the Move
REMA – the European Early Music Network
Res Artis – Worldwide Network of Arts Residencies
SAA – Society of Audiovisual Authors
SHAPE – Sound, Heterogeneous Art and Performance in Europe Sistema Europe – The Sistema Europe Association
UNI MEI – UNI global union – media, entertainment & arts UNIC – International Union of Cinemas
Yourope – The European Festival Association

The statement is available for download here: Europe’s cultural and creative sectors: Covid-19 statement