Today, June 7th, 2022, is a big day for performers’ rights.

It is explicitly stated in the new Copyright Directive that as of today, for all new contracts, performers and authors are entitled to receive transparent information from the producer (film producer/record label) about the use of their performances and works.

And not just that. From now on, all member states must ensure that this happens.

Of course, this is only fair. As the directive says: “Authors and performers need information to assess the economic value of rights of theirs that are harmonised under Union law.”

The good news

The transparency obligation (article 19 of the directive) says that performers and authors are entitled to “receive on a regular basis, at least once a year, and taking into account the specificities of each sector, up to date, relevant and comprehensive information on the exploitation of their works and performances from the parties to whom they have licensed or transferred their rights, or their successors in title, in particular as regards modes of exploitation, all revenues generated and remuneration due.”

In simple words this means that as a performer you are entitled to know the details of the bigger economic story your performance is part of.

But… the directive is like a contract. You have to read the small print.

The bad news

The transparency obligation doesn’t mean that you are entitled to a better remuneration. If you were only able to negotiate bad remuneration with your producer, you will only be entitled to get more information on how bad it really is.

And… you only get the transparency information if the producer does not push one of the “escape buttons” that the directive provides.

Does the producer feel like it is an administrative burden? Then he/she is exempt from the obligations.

Does the producer consider your contribution to not be significant? Then he/she is exempt from the obligations.

Even when the negotiations are organised through official collective bargaining, these escape buttons keep on existing.

BUT please remember: collective management organisations are there to help. CMOs have no possibility to push these escape buttons. And they don’t need any. Administrative burden is their business and for CMOs each performer is significant. So contact your local CMO!

AEPO-ARTIS co-signs the Film/AV sector DSA Trilogue Statement

Film/AV sector regrets that the European Parliament missed the opportunity to make the Internet a safer space for everyone.

The undersigned organisations representing the creative and business communities of the film and audiovisual sector in Europe regret that the European Parliament plenary vote on

the Digital Services Act failed to achieve the stated goal of making internet intermediaries more accountable and creating a safer, better-functioning online environment for everyone. Although the European Parliament intended to broaden the KYBC provision to apply to all online intermediaries, the due diligence obligations remain too weak and narrow. Critical elements, such as the immediate removal of illegal content and an enforceable trusted flagger mechanism should be improved in the upcoming trilogue negotiations.

We encourage the EU co-legislators to show ambition and to ensure that the final DSA does not represent a step backwards neither in terms of the fight against illegal content online, nor by granting additional, unwarranted liability exemptions to online intermediaries.

The EU institutions should now deliver on the political ambition of ensuring that what is illegal offline is illegal online.

Signatories

ACT – Association of Commercial Television and VoD Services in Europe
AEPO-ARTIS – European Association of Performers Organisations
ANICA – Associazione Nazionale Industrie Cinematografiche Audiovisive e Digitali Animation Europe – Federation of Animation Producers Associations
CICAE – International Confederation of Art Cinemas
CEPI – European Audiovisual Production Association
CEPIC – Center of the Picture Industry
Eurocinema – Association de producteurs de cinéma et de télévision
Europa Distribution – European Network of Independent Film Publishers and Distributors Fedicine – Federación de Distribuidores Cinematográficos
FERA – Federation of European Screen Directors
FIA – International Federation of Actors
FIAD – International Federation of Film Distributors’ and Publishers’ Associations
FIAPF – International Federation of Film Producers Associations
FIM – International Federation of Musicians
FSE – Federation of Screenwriters in Europe
GESAC – The European Authors’ Societies
IFTA – Independent Film & Television Alliance
IVF – International Video Federation
Mediapro
MPA – Motion Picture Association
SAA – Society of Audiovisual Authors
SPIO – Spitzenorganisation der Filmwirtschaft e.V.
SROC – Sports Rights Owners Coalition
UNIC – International Union of Cinemas
UNI MEI – Global Union – Media, Entertainment & Arts
Vaunet – Verband Privater Medien e.V.

The Joint Film and Audiovisual Sector statement regarding the COVID-19 pandemic co-signed by AEPO-ARTIS on 7 April continues to gather further signatories. As at 23 April, the total number of signatories stands at 112.

Joint Film and Audiovisual Sector COVID-19 Statement – 23 April 2020

The film and audiovisual sector in Europe calls for urgent action by EU and Member State decision- makers to safeguard the future of the sector in the wake of the COVID-19 outbreak, following in the footsteps of initial emergency measures announced at national level, including by film funds and other bodies.

Why does it matter? We are facing a profound crisis for creativity and culture in Europe – for businesses and for individuals. Our sector is at the heart of Europe’s cultural, creative and social identity and a key contributor to the European economy and employment; immediate intervention is therefore crucial and indeed strategic for European and national unity going forward. Without a firm commitment from European and national leaders, the film and audiovisual sector in Europe will not recover from the unprecedented impact of the health crisis.

Our sector could play a major role in the healing and recovery process that our societies are going to face in the months and years ahead – but only if its basic infrastructure can be saved.

Why is film/AV specific? The sector is characterized by its project-based nature and irregular business cycles – a vast interconnected eco-system from project development through creation, financing, production, exhibition, distribution (online and offline), and all forms of broadcasting. The sector’s activities are driven by numerous individual creators, entrepreneurs, companies of all sizes, including many SMEs and freelancers that have all been thrown into a social and economic crisis as a result of the pandemic. Each segment of the sector from project development, financing, production through exhibition, distribution and broadcasting will have its own specific challenges going forward. Different impacts are experienced in different Member States, including in different parts of each individual Member State.

The negative impact will not stop when normal activities resume in our societies; rather it will continue through the medium- to long-term due to the long development/lead time nature of the sector.

Although gathering around screens at home has contributed to a sense of unity during the crisis, this has not stopped the current wave of mass job and income losses in the film and audiovisual sector, nor will it translate into recovery of investments, simple resumption of interrupted production, exhibition or distribution activities, or indeed funding for development of future projects.

What is needed? Urgent financial support now and in the months to come to safeguard the existing film and audiovisual eco-system and the future of the sector in Europe which is suffering grievously because of valid social distancing measures and related societal consequences. The crisis in our sector will be felt way beyond the confinement period.

The film and audiovisual sector in Europe can be a conduit and a catalyst for the debates and discussions which will be essential in Europe’s democracies as its citizens come to terms with the consequences of this unprecedented crisis and lay the groundwork for new optimism and confidence in our shared European future.

 

The statement is available here: Joint Film and Audiovisual Sector COVID-19 Statement – 23 April 2020

The Joint Film and Audiovisual Sector statement regarding the COVID-19 pandemic co-signed by AEPO-ARTIS on 7 April has gathered further signatories. As at 16 April, the total number of signatories stands at 98.

Joint Film and Audiovisual Sector COVID-19 Statement – 16 April 2020

The film and audiovisual sector in Europe calls for urgent action by EU and Member State decision- makers to safeguard the future of the sector in the wake of the COVID-19 outbreak, following in the footsteps of initial emergency measures announced at national level, including by film funds and other bodies.

Why does it matter? We are facing a profound crisis for creativity and culture in Europe – for businesses and for individuals. Our sector is at the heart of Europe’s cultural, creative and social identity and a key contributor to the European economy and employment; immediate intervention is therefore crucial and indeed strategic for European and national unity going forward. Without a firm commitment from European and national leaders, the film and audiovisual sector in Europe will not recover from the unprecedented impact of the health crisis.

Our sector could play a major role in the healing and recovery process that our societies are going to face in the months and years ahead – but only if its basic infrastructure can be saved.

Why is film/AV specific? The sector is characterized by its project-based nature and irregular business cycles – a vast interconnected eco-system from project development through creation, financing, production, exhibition, distribution (online and offline), and all forms of broadcasting. The sector’s activities are driven by numerous individual creators, entrepreneurs, companies of all sizes, including many SMEs and freelancers that have all been thrown into a social and economic crisis as a result of the pandemic. Each segment of the sector from project development, financing, production through exhibition, distribution and broadcasting will have its own specific challenges going forward. Different impacts are experienced in different Member States, including in different parts of each individual Member State.

The negative impact will not stop when normal activities resume in our societies; rather it will continue through the medium- to long-term due to the long development/lead time nature of the sector.

Although gathering around screens at home has contributed to a sense of unity during the crisis, this has not stopped the current wave of mass job and income losses in the film and audiovisual sector, nor will it translate into recovery of investments, simple resumption of interrupted production, exhibition or distribution activities, or indeed funding for development of future projects.

What is needed? Urgent financial support now and in the months to come to safeguard the existing film and audiovisual eco-system and the future of the sector in Europe which is suffering grievously because of valid social distancing measures and related societal consequences. The crisis in our sector will be felt way beyond the confinement period.

The film and audiovisual sector in Europe can be a conduit and a catalyst for the debates and discussions which will be essential in Europe’s democracies as its citizens come to terms with the consequences of this unprecedented crisis and lay the groundwork for new optimism and confidence in our shared European future.

 

The statement is available here: 16 April 2020 Film AV Sector COVID-19 Statement

The film and audiovisual sector in Europe calls for urgent action by EU and Member State decision-makers to safeguard the future of the sector in the wake of the COVID-19 outbreak, following in the footsteps of initial emergency measures announced at national level, including by film funds and other bodies.

Why does it matter? We are facing a profound crisis for creativity and culture in Europe – for businesses and for individuals. Our sector is at the heart of Europe’s cultural, creative and social identity and a key contributor to the European economy and employment; immediate intervention is therefore crucial and indeed strategic for European and national unity going forward. Without a firm commitment from European and national leaders, the film and audiovisual sector in Europe will not recover from the unprecedented impact of the health crisis.

Our sector could play a major role in the healing and recovery process that our societies are going to face in the months and years ahead – but only if its basic infrastructure can be saved.

Why is film/AV specific? The sector is characterized by its project-based nature and irregular business cycles – a vast interconnected eco-system from project development through creation, financing, production, exhibition, distribution (online and offline), and all forms of broadcasting. The sector’s activities are driven by numerous individual creators, entrepreneurs, companies of all sizes, including many SMEs and freelancers that have all been thrown into a social and economic crisis as a result of the pandemic. Each segment of the sector from project development, financing, production through exhibition, distribution and broadcasting will have its own specific challenges going forward. Different impacts are experienced in different Member States, including in different parts of each individual Member State.

The negative impact will not stop when normal activities resume in our societies; rather it will continue through the medium- to long-term due to the long development/lead time nature of the sector.

Although gathering around screens at home has contributed to a sense of unity during the crisis, this has not stopped the current wave of mass job and income losses in the film and audiovisual sector, nor will it translate into recovery of investments, simple resumption of interrupted production, exhibition or distribution activities, or indeed funding for development of future projects.

What is needed? Urgent financial support now and in the months to come to safeguard the existing film and audiovisual eco-system and the future of the sector in Europe which is suffering grievously because of valid social distancing measures and related societal consequences. The crisis in our sector will be felt way beyond the confinement period.

The film and audiovisual sector in Europe can be a conduit and a catalyst for the debates and discussions which will be essential in Europe’s democracies as its citizens come to terms with the consequences of this unprecedented crisis and lay the groundwork for new optimism and confidence in our shared European future.

 

The statement is available here: Joint Film and Audiovisual Sector COVID-19 Statement – 7 April 2020