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 10 July 2017, the Fair Internet Coalition submitted the following statement to the Members of the European Parliament’s Legal Affairs Committee with its comments to the amendments tabled to the Draft Report On The Proposed Directive On Copyright In The Digital Single Market.

“Dear Members of the EP Legal Affairs Committee,

The Fair Internet coalition welcomes the many amendments presented by this committee with a view to addressing the precariousness that performers and audiovisual authors endure on a daily basis and improving their livelihood.

In particular, we fully support the introduction of an unwaivable and non-transferrable right to equitable remuneration for on-demand uses, paid by online downloading or streaming platforms (e.g. iTunes, Netflix, Spotify, etc.) and, with respect to performers, subject to mandatory collective management.

This mechanism constitutes a fair, efficient and simple answer to the need for a modern and more balanced copyright, perfectly fitted to the Digital Single Market. It acknowledges the value of performers’ and audiovisual authors’ creative contribution and ensures that they are, at last, fairly rewarded for the use of their work in digital, on-demand networks.

As you surely know, the overwhelming majority of performers in Europe work under inequitable terms, whereby all their intellectual property exclusive rights are transferred to employers/engagers upfront, in return for a single payment. As a result, they do not receive any meaningful revenue, if at all, from the online exploitation of their exclusive right of making available.

Contrary to what audio or audiovisual producers like to claim, even though addressing the “value gap” (article 13) in whichever shape or form may allow the market to grow, it will not change the situation described above.

We therefore call upon the Legal Affairs Committee to resolutely endorse such a right to remuneration and build support with all political groups around a meaningful compromise.

We also call upon the Legal Affairs Committee to carefully address the unbalanced contractual relationship between performers (and audiovisual authors) and producers. Some amendments genuinely seek to improve the very weak proposal by the European Commission. They include measures making transparency obligations benefit all performers equally; banning unfair clauses stretching out to encompass future rights, modes of exploitation, uses, etc.; encouraging sector-specific reporting standards or collective claims to a contractual revision.

Other amendments however would make things even worse than they are now and should thus be resolutely rejected.

We trust that the members of the EP Legal Affairs Committee will seize this once-in-a-lifetime opportunity to promote an equitable level playing field in our industries, enabling performers and audiovisual authors to finally envisage a better future.”

 

The full statement with all proposed amendments is available here:

⇒ FAIR INTERNET STATEMENT TO JURI ON COPYRIGHT 10 JULY 2017