With the upcoming plenary vote, the European Parliament can still turn the DSA into an opportunity for the EU to play a global role in making the internet a safer space for everyone.

Ahead of this week’s (Thursday 20th Jan) plenary vote in the European Parliament on the Digital Services Act, organisations from a range of diverse sectors call on the European Parliament not to miss the opportunity to create a more trustworthy Internet:

In proposing the Digital Services Act (DSA), the EU’s intention was to make online platforms and other internet intermediaries more accountable and to create a safer, better-functioning online environment. The text before the European Parliament plenary this week would not achieve this goal, unless improved with the voting of provisions proposed by a number of MEPs. In fact, without these proposed improvements it might even be a major step backwards.

Online platforms, hosting providers and other intermediaries should be subject to effective obligations to ensure they do not distribute or facilitate the distribution of illegal content.

Some provisions in the Parliament’s IMCO text would roll-back already existing obligations, instead of strengthening them. Many of the advances made at European level in the last decade – which were already insufficient to properly protect European businesses and citizens – would be undone and the resulting legislation would sadly be out of date upon approval.

With the DSA, the EU institutions have the opportunity to show global leadership in shaping the online environment for the safety and benefit of all. We therefore call on MEPs to not bow to pressure from big tech to weaken the DSA and to instead seize the opportunity provided by the plenary vote to improve the text and take the lead on making online platforms more accountable and the internet safer for European citizens in the forthcoming trialogue negotiations.

ACT is the association of Commercial Television and Video on Demand Services in Europe. The ACT member companies finance, produce, promote and distribute content and services benefiting millions of Europeans across all platforms. At ACT we believe that the healthy and sustainable commercial broadcasting sector has an important role to play in the European economy, society and culture.

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.

AER, the Association of European Radios is the Europe-wide trade body for commercial radio, representing the interests of companies operating over 5,000 commercial radio stations to the EU Institutions. Its mission is to promote the development of commercially funded radio broadcasting in Europe, by advocating for a fair and sustainable economic regulatory framework for radio, which will, in turn, allow commercial radio to continue to deliver significant public value and, beyond that, support media plurality, improve social cohesion and promote European culture.

AAPA represents around 30 companies involved in the provision of protected audiovisual services, including rights owners and broadcasters, security technology for such services, and the manufacturing of products which facilitate the delivery of such services. AAPA’s core mission is to lead the fight against audiovisual piracy globally, by working with policymakers, supporting law enforcement authorities and building partnerships to better tackle piracy.

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.

EIBF is an umbrella organisation representing national booksellers’ associations in the EU and beyond. Through its members, it speaks on behalf of more than 25,000 booksellers of all kinds, including brick and mortar retailers, chains and independent shops.

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.

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.

SAA, the Society of Audiovisual Authors, is the umbrella association of European collective management organisations representing audiovisual authors. Its 33 members in 25 countries manage rights for over 160,000 film, television and multimedia European screenwriters and directors.

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.

UNIC, the International Union of Cinemas, is an international trade association representing cinema operators and their national associations across 38 European territories.

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”.

The FAIR INTERNET coalition representing over 500,000 musicians, singers, actors, dancers and other performing artists urges members of the European Parliament to give their final approval in plenary to the compromise agreement reached at trilogue on the draft Directive on Copyright in the Digital Single Market. Chapter III of this Directive includes provisions that constitute a first, encouraging step in the right direction, as they seek to increase transparency on contractual relations and level up the remuneration initially agreed, often little more than symbolic, with subsequent revenues. Most importantly, the trilogue compromise establishes that the remuneration of performers must be proportionate to the revenues generated by the exploitation of their work and that lump sum payments are to be the exception, rather than the rule.

Today, most performers are not remunerated when their performances are exploited via streaming and downloading platforms such as iTunes, Spotify, Amazon Prime and Netflix. With little bargaining power, they often have no choice but to transfer all economic rights on those productions, in return for a one-off payment and regardless of how successful the exploitation is in the end. According to Article -14 of the draft Copyright Directive, performers must now receive appropriate and proportionate remuneration, including for online exploitation. When implementing this new provision in their national legal systems, Member States will be responsible for making sure that performers finally get a fair share of the revenue generated from the exploitation of their work. To this end, the Directive clearly says that Member States may rely on different existing or newly-introduced mechanisms, including collective bargaining and other mechanisms. The FAIR INTERNET coalition calls on Member States to achieve this aim by introducing into their national systems a right to remuneration for performers paid by online platforms and subject to mandatory collective management.

The statement is available here: Fair Internet Statement

For more information:
Contact person: Nicole Schulze (0487 25 09 51)
Our website: http://www.fair-internet.eu
To follow us on twitter: https://twitter.com/FairInternet4P

Brussels, 13 September 2018: The FAIR INTERNET coalition, representing over 500.000 musicians, singers, actors, dancers and other performing artists, welcomes the vote of the European Parliament’s plenary on the draft Copyright Directive.

The vote finally asserted the principle that all performers should be paid a fair and proportional remuneration for all modes of exploitation, including for on demand uses, and sends a clear signal against persistent and unacceptable buy-out practices.

The FAIR INTERNET coalition has long campaigned for EU institutions to address the fundamental injustice whereby an overwhelming majority of performers are left empty handed when their performances are exploited via streaming and downloading services.

Whilst the European Parliament unfortunately falls short of granting performers an unwaivable right to receive remuneration directly from service providers making their performances available on demand, it nevertheless encourages Member States to achieve this aim by way of statutory remuneration mechanisms.

It also is a matter of satisfaction that articles 14-16, as adopted in plenary, remove certain limitations in the European Commission’s original proposal that had the potential to exclude a large number of performers from the benefit of these provisions.

The FAIR INTERNET coalition would like to thank all those MEPs across the political spectrum who expressed their continuous support to the legitimate cause of performers during the negotiations leading to this positive outcome.

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

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

For more information please visit www.fair-internet.eu or contact Nicole Schulze: +32 478 250 951

Brussels, 11 September 2018:
Tomorrow, MEPs will vote in plenary on the EU Directive on Copyright in the Digital Single Market. The FAIR INTERNET coalition calls on all MEPs to safeguard the meaningful provisions seeking to improve the livelihoods of performers in Chapter III.

The FAIR INTERNET coalition, representing over 500.000 musicians, singers, actors, dancers and other performing artists, calls on members of the European Parliament – when considering amendments ahead of the plenary vote on 12 September on the draft directive on Copyright in the Digital Single Market – to uphold and confirm the meaningful improvements to the benefit of performers obtained in Chapter III, articles 14-16.

These are the only provisions in the Directive that are truly addressing the fundamental imbalance in the relationship between performers and producers, with a view to barring some of the most unacceptable contractual practices carried out in our industry, among which the relentless recourse to “buy-out” contracts, that prevent performers from being fairly remunerated for the exploitation of their work. These measures are a step in the right direction, as they may contribute to promoting a fair and equitable remuneration of performers for all modes of exploitation including for on demand uses.

The FAIR INTERNET coalition also welcomes the fact that articles 14-16, as adopted by the Legal Affairs committee, remove certain limitations in the European Commission’s original proposal that may have excluded a large number of performers from the benefit of these provisions.

Failing to reach an agreement on the Copyright Directive during tomorrow’s plenary vote would mean that these important achievements would be lost and performers would lose all reasonable chances to be fairly remunerated from online streaming and downloading services such as Netflix, Spotify and iTunes.

The statement is available here: FAIR INTERNET Statement re Plenary Vote

For more information please visit www.fair-internet.eu or
contact Nicole Schulze: +32 478 250 951

Brussels, 5 July 2018: The FAIR INTERNET coalition, representing over 500.000 musicians, singers, actors, dancers and other performing artists, calls on members of the European Parliament – when considering amendments ahead of the plenary vote in September on the draft directive on Copyright in the Digital Single Market – to safeguard the meaningful improvements to the benefit of performers obtained in Chapter III, articles 14-16.

These are the only provisions in the Directive that are truly addressing the fundamental imbalance in the relationship between performers and producers, with a view to barring some of the most unacceptable contractual practices carried out in our industry, among which the relentless recourse to “buy-out” contracts, that prevent performers from being fairly remunerated for the exploitation of their work. These measures are a step in the right direction, as they may contribute to promoting a fair and equitable remuneration of performers for all modes of exploitation including for on demand uses.

The FAIR INTERNET coalition also welcomes the fact that articles 14-16, as adopted by the Legal Affairs committee, remove certain limitations in the Commission’s original proposal that may have excluded a large number of performers from the benefit of these provisions. These improvements should be shielded against possible attempts by the industry to soften up the language, rendering the Directive utterly meaningless for performers.

The statement in full is available here: Fair Internet Statement

For more information please visit www.fair-internet.eu
or contact Nicole Schulze: +32 478 250 951

On 20 June 2018, the FAIR INTERNET coalition, representing over 500.000 musicians, singers, actors, dancers and other performing artists issued the following statement:

“Brussels, 20 June 2018: The FAIR INTERNET coalition, representing over 500.000 musicians, singers, actors, dancers and other performing artists, welcomes the vote of the European Parliament’s Legal Affairs committee.

Today’s vote finally asserted the principle that all performers should be paid a fair and proportionate remuneration for all modes of exploitation, including for on demand uses, and sends a clear signal against persistent and unacceptable buy-out practices.

The FAIR INTERNET coalition has long campaigned for EU institutions to address the fundamental injustice whereby an overwhelming majority of performers are left empty handed when their performances are exploited via streaming and downloading services.

Whilst the European Parliament today falls short of granting performers an unwaivable right to receive remuneration directly from service providers making their performances available on demand, it nevertheless encourages Member States to achieve this aim also by way of statutory remuneration mechanisms.

It also is a matter of satisfaction that articles 14-16, as adopted by the Legal Affairs committee, remove certain limitations in the Commission’s original proposal that had the potential to exclude a large number of performers from the benefit of these provisions.

The FAIR INTERNET coalition would like to thank all those MEPs across the political spectrum who expressed their continuous support to the legitimate cause of performers during the negotiations leading to the outcome of today’s vote.

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

The statement is available here: FAIR INTERNET Coalition Statement

On 29 May 2018, an event took place at the European Parliament hosted by MEPs Marc Joulaud (EPP), Mary Honeyball (S&D) and Helga Trüpel (Greens/EFA) took place at the European Parliament in Strasbourg.

After the event, the following press release was published:

Press release: Performers and audiovisual authors unite calling for unwaivable remuneration right for on-demand exploitation in the Copyright Directive

Strasbourg 29 May 2018: Today, performers, audiovisual authors’ (screenwriters and directors) and their representative organisations came together in the European Parliament at an event co-hosted by MEPs Marc Joulaud (EPP), Mary Honeyball (S&D) and Helga Trüpel (Greens/EFA), to highlight the realities and needs of performers and audiovisual authors in the Digital Single Market.

Performers and audiovisual authors are at the heart of the creative process. Yet, the vast majority of them are not fairly remunerated when their works are used via on-demand services such as iTunes, Netflix and Spotify due to mainstream contractual practices.
The new EU Copyright Directive presents a unique opportunity to make it right and guarantee performers and audiovisual authors a fair remuneration for their contribution to the ever-growing on-demand market wherever in the EU.

Transparency obligations are important and part of achieving a fairer environment for authors and performers. However, this alone will not guarantee that a fair share of the value also ends up in the pockets of performers and audiovisual authors.

Therefore AEPO-ARTIS, FERA, FIA, FIM, FSE, IAO and SAA call upon Members of the European Parliament to introduce an unwaivable right to equitable remuneration for on demand use, paid by on-demand platforms and subject to collective management. It is a simple but effective mechanism which will allow performers and audiovisual authors to take part in the success of the Digital Single Market. And, most of all, it is a fair and a much overdue acknowledgement of their role in the creative industries and societies.

Quotes by performers and authors

Julie Bertuccelli, Director (France) said: “It is a true pleasure as a director to see my films being shown around the world. However, in order to make a living from my art, my collective management society must be able to represent my rights and negotiate equitable remuneration with those exploiting my works, including video-on-demand platforms”.

Murray Head, Musician and Actor (UK) said, “If on demand platforms earn money then so should the musicians, singers, actors and audiovisual authors. Yet we still see that performers and audiovisual authors find it difficult to make a decent living from their work. The law failed to sufficiently protect us”.

Quotes by hosting MEPs

Marc Joulaud (EPP) said, “Creative content has the power to unite us, to teach and transmit values and to enrich our lives. I have always said that artists cannot be paid a pittance for their work. If culture is high on the EU’s political agenda, then REAL measures are needed to support the livelihoods of all performers and audiovisual authors in Europe”.

Mary Honeyball (S&D) said, “As politicians it is time to turn our sympathy for Europe’s performers and audiovisual authors into concrete actions. The upcoming vote on the review of the EU Copyright Directive in the Legal Affairs committee will hopefully support giving a brighter future to hundreds of thousands of performers and audiovisual authors”.

Helga Trüpel (Greens/EFA) said, “From a legislative point of view, the upcoming vote is a pivotal moment for culture, and the performers and audiovisual authors that help define it. I am fully supportive of introducing an unwaivable remuneration right which has already been supported by the European Parliament’s Culture committee in its opinion adopted in July 2017”.

The press release is available in pdf format here: Press release

On 11 January 2017, the FAIR INTERNET Coalition released a press statement calling on MEPs to make the necessary amendments to the draft Directive on Copyright in the Digital Single Market in order to rebalance copyright and guarantee a fair remuneration from streaming and download services.

“Regretfully the European Commission has failed to adjust EU Copyright legislation and adapt it to the digital environment. How the draft Directive is being sold by the European Commission does not correspond to what it will likely achieve in reality. It does not mean performers will be paid fairly nor will they be better placed to get a fair share of the value generated from online uses.

At the end of the day, whilst legal on demand Internet streaming and download services, such as, iTunes, Spotify and Netflix are ever growing in popularity and value, the vast majority of performers still remain empty handed.”

The full statement is available for download below.

⇒ FAIR INTERNET COALITION STATEMENT TO EP EXCHANGE ON PROPOSED DIRECTIVE ON COPYRIGHT 11 JANUARY 2017.