AEPO-ARTIS ONLINE SEMINAR CONCLUDES THAT MEMBER STATES MUST REBALANCE THE STREAMING MARKET IN FAVOUR OF PERFORMERS BY INTRODUCING UNWAIVABLE REMUNERATION RIGHTS

BRUSSELS, 17 November 2020: AEPO-ARTIS put performers’ rights at the centre of the debate at its online seminar “Performers and performers’ rights: How can we create a sustainable creative eco-system in Europe?” today.

Performers are the backbone of Europe’s rich cultural and creative sector. However, the current COVID-19 pandemic is a reminder just how fragile the creative ecosystem is, with many performers forced to consider giving up their profession as their art can no longer support them. Now more than ever, it is crucial that the legal framework protecting performers is strengthened.

MEP Niklas Nienass set the tone very early on in the discussion by asking how it is possible that only 1% of performers receive the equivalent of a minimum wage from streaming services.

As Member States are now implementing the 2019 EU Copyright Directive and in particular its article 18, which guarantees performers appropriate and proportionate remuneration – especially from streaming, the question is how this can be best achieved.

The exchanges following were very clear. “The EU is placing this important issue in the hands of national legislators. It is a great opportunity for Member States to set this right and secure appropriate and proportionate remuneration for performers” said Professor Raquel Xalabarder of the Universitat Oberta de Catalunya.

She recommended that, following her research[1], Member States should implement article 18 by introducing an unwaivable remuneration right for performers for on demand uses and paid by digital platforms. A system which is not new to EU law as was confirmed by Marco Giorello, head of the copyright unit at the European Commission.

Jose Maria Montes, Vice President of AEPO-ARTIS confirmed that this model is already in operation in Spain and that both AISGE and AIE, the Spanish performers’ collective management organisations, are successfully collecting remuneration from streaming platforms on behalf of performers without any negative impact on the market or on subscription fees of consumers.

Member States have to implement the Directive by June 2021 into their national laws. AEPO-ARTIS calls on them to create a sustainable streaming market, where performers are fairly and proportionately remunerated. The unwaivable remuneration right, managed by performers’ CMOs and paid by digital platforms, is a solution to rebalance the market 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 acceptable!

A recording of the event is available here: AEPO-ARTIS Webinar 17 November 2020

The press release is available here: Aepo-Artis Online Seminar – Press Release

 

For more information please visit www.aepo-artis.org or contact Nicole Schulze +32 487 25 09 51

 

[1] https://indret.com/wp-content/uploads/2020/10/1591.pdf

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

Professor Raquel Xalabarder of the Universitat Oberta de Catalunya, recently published an article entitled “The Principle Of Appropriate And Proportionate Remuneration Of Art.18 Digital Single Market Directive: Some Thoughts For Its National Implementation”. The article is accessible here.

Professor Xalabarder is a respected copyright expert. She has published numerous papers, as well as a recent study prepared for CISAC on the subject of equitable remuneration for audiovisual authors.

In her latest paper, she explains why an unwaivable remuneration right for on demand uses is an appropriate and efficient mechanism to implement article 18 of the DSMD.

She states that “a verbatim implementation of the principle in Art.18 DSMD is not enough. Member States are expected and obliged to go further implementing, as necessary, different mechanisms to effectively secure fair remuneration of Authors and Performers”.

“The principle of fair remuneration in Art.18 DSMD not only confirms the important role of national legislators in securing that goal, but obliges them to explore and implement the full potential of these several mechanisms, adjusting them to different sectors as necessary”.

She then addresses in detail a number of potential “mechanisms” that could be used, namely (i) statutory contractual rules, (ii) collective bargaining and (iii) statutory remuneration rights.

In her conclusion, she highlights the effectiveness of statutory residual remuneration rights where implemented, as follows:

“Previous experience shows that statutory contract rules per se are not enough”…

“Unwaivable (and inalienable) statutory residual remuneration rights, granted by law to Authors and Performers, upon transferring their rights to the producer, paid by users/licensees and subject to collective management have proven to be the most effective mechanism to secure appropriate and proportionate remuneration for Authors and Performers…”.

“Residual remuneration rights secure a constant flow of revenues for all Authors and Performers (regardless of nationality), for current as well as future means of exploitation, with no need to revise / renegotiate production contracts. They neither disturb the exercise and enforcement of exclusive rights, nor the chain of exploitation, which remains in the hands of producers and rightsholders”.

As the implementation window is getting narrower, it is essential that Member States are made aware of the most practicable and efficient options, to make sure that the 2019 Directive on Copyright in the Digital Single Market results in an actual improvement of the situation of authors and performers. The status quo cannot be an option!

In 2019 after long negotiations, the EU Directive on Copyright in the Digital Single Market was adopted. Article 18 of this Directive obliges Member States to ensure that authors and performers receive fair and proportionate remuneration from the exploitation of their work, including in the online environment. It is however for the Member States to put in place the necessary mechanisms to ensure that such remuneration is effectively granted to authors and performers.

The transposition of the Directive has been delayed due to the COVID-19 pandemic. As Member States resume discussions on how best to implement the Directive, we urge members of the European Parliament to follow very closely this debate at national level.

The European Parliament fought very hard in the negotiations leading to the 2019 Copyright Directive for a positive change that would guarantee that performers can make a living from the exploitation of their performances, including via digital platforms.

Indeed, the COVID-19 pandemic, with tens of thousands of performers receiving close to nothing as European audiences massively turned to streaming content, has demonstrated how fragile the current system is and how much this provision must be given full meaning in practice.
We therefore call on MEPs to ensure that Member States will deliver an effective implementation of article 18, which will guarantee that performers are at last fairly remunerated in the digital environment.

Signed:

Tilo Gerlach, President AEPO-ARTIS

Dominick Luquer, General Secretary FIA

Benoît Machuel, General Secretary FIM

Nacho Garcia Vega, President IAO

 

The open letter is available here:

Open Letter to the European Parliament: Performers call on MEPs to ensure that their efforts to guarantee fair remuneration, including from online exploitation, are not “lost in transposition”.

 

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 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

Music is one of the first sectors hit by the unprecedented COVID-19 crisis. It will also be one of the last.

As borders close, venues as well as festivals suspend their activities, performances are cancelled, group activity is stopped, shops close, and new releases are put on hold, the entire creative value chain is stalling. Artists and their management, performers, composers, songwriters, music educators, conductors, booking agents, record shops, labels, publishers, distributors, promoters, manufacturers, technicians, events managers and event staff count among the many actors of the ecosystem whose livelihoods are on the line.

These risks will persist, even after the public health emergency is solved. The stark reality is that profound harm will be felt long into 2021 due to how the music ecosystem operates.

In light of this dire situation, we call for emergency as well as sustainable public support and structural policies at EU, national, regional and local level to consolidate the music ecosystem, and help it thrive again in all its diversity.

The undersigned music organisations urge Member States and the European Commission to take a stance and significantly increase the national and EU budgets dedicated to culture, and within that to music. Secondly, under the EU Coronavirus Response Investment Initiative, it is imperative that each Member State provides Europe’s creative sector with swift and comprehensive access to Structural Funds in order to offset the harm in the shorter term.

The full magnitude of the current turmoil will build for months and the number of casualties will be high. Even when the complete standstill ends, the crisis will continue due to hyper saturation of events and new releases and audiences will be unpredictable.

All this points to a slow recovery, with less job opportunities, less participation in music and less room for artistic risk-taking. Jobs and diversity are at stake.

At the same time, we see how important the cultural sectors are in promoting solidarity and in providing rallying points. Within the confines of their homes, artists and DJs have been streaming their own live performances to fight isolation by engaging online communities. Drawing upon the example of Italy, citizens from across Europe gather on their balconies to play music and regain a shared sense of common purpose.

This reminds us that music is a vehicle to recreate a sense of community. In times of containment and pressure, music builds bridges between individuals and cultures irrespective of social, ethnic, cultural backgrounds.

Music and culture are essential to offer citizens the renewed social and cultural bond that Europe will sorely need.

As decision makers reflect on how to address the crisis, culture must be recognised as a priority sector.

The undersigned organisations:

AEC, Association Européenne des Conservatoires, Académies de Musique et Musikhochschulen
AEPO-ARTIS
Beachfest, The European Association of Beach Festivals
CIME/ICEM, International Confederation of Electroacoustic Music
DME, Digital Music Europe
EAA, European Arenas Association
ECA-EC, European Choral Association – Europa Cantat
ECSA, European Composer and Songwriter Alliance
EFNYO, European Federation of National Youth Orchesta
EMC, European Music Council
EMCY, European Union of Music Competitions for Youth
EMEE, European Music Exporters Exchange
EMMA, European Music Managers Alliance
EOFed, European Orchestra Federation
ETEP, European Talent Exchange Programme
Europavox
EJN, Europe Jazz Network
EVTA, European Voice Teachers Association
FIM, International Federation of Musicians
GESAC, the European Authors Societies
IAMIC, International Association of Music Information Centres
IAML, International Association of Music Libraries, Archives, and Documentation Centres
IAO, International Artist Organisation of Music
ICAS, International Cities of Advanced Sound
ICMP, International Confederation of Music Publishers
ICSM, International Society for Contemporary Music
IFPI, International Federation of the Phonographic Industry
IMMF, International Music Managers Forum
IMPF, Independent Music Publishers International Forum
IMPALA, Independent music compagnies associations
IMZ, International Music + Media Centre
INES, Innovation Network of European Showcases
JMI, Jeunesses Musicales International
JUMP, European Music Market Accelerator
Keychange
Live DMA, European network for music venues and festivals
Liveurope, the platform for new European Talent
Pearle*, Live Performance Europe
SHAPE, Sound Heterogenous Art and Performance in Europe
REMA, European Early Music Network
Resident Advisor
We are Europe
Yourope, the European festival Association

The statement in full is available here: Music sector joins together to call for EU and national investment to address current crisis and promote diversity

 

 

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

Dear President von der Leyen,
Dear Commissioner Gabriel,

The COVID-19 pandemic has affected all countries in Europe, and it is already evident that performers have been heavily impacted with film and TV production as well as recording sessions coming to a halt, venues closed and performances and festivals cancelled. Performers, who are often in an already precarious situation being mostly self-employed or freelancers, combined with little or no access to social benefits, are now left without income.

Moreover, with the closing of shops, restaurants and other public places, collection of statutory remuneration for the use of recorded music and audiovisual works will drastically decrease and performers will be deprived of this important source of income in the coming months.

This situation, in addition to be specially alarming, is unfair, as in these confinement days their performances are bringing joy and entertainment to the millions of people confined at their homes, generating a huge income stream for certain digital platforms, most of them not even based in the EU. In other words, the only ones that are not benefiting from the mass consumption of audiovisual and music contents during the confinement are, precisely, the performers, one of the social groups most vulnerable to the economic crisis derived from COVID-19.

Performers’ collective management organisations are working hard in these difficult times to distribute remuneration earlier than originally anticipated and setting aside funds to assist with immediate economic pressures.

However, it is clear that the situation is too grave for performers’ organisations to be able to absorb the devastating impact of the COVID-19 pandemic themselves. Their funds will not be sufficient.

AEPO-ARTIS urges the European Commission and the Member States to take immediate action to support performers in a coordinated manner mitigating the negative economic consequences of the COVID-19 crisis.

What is therefore urgently needed is easy and swift access to financial support, a Solidarity Fund for Performers, to help them through the hardship caused by this unprecedented crisis to cover costs in the forthcoming weeks and months.

We would welcome an opportunity to discuss the creation of this Solidary Fund with you in further detail. In the meantime, we remain at your disposal should you require any further information and are looking forward to hearing from you.

Yours sincerely,

Tilo Gerlach
President, AEPO-ARTIS

The letter is available here: AEPO-ARTIS letter to President von der Leyen