AEPO-ARTIS Seminar “Post Copyright Directive: What performers’ rights protection in the future?”

On 10 December 2019, the Association of European Performers’ Organisations, AEPO-ARTIS, held its annual seminar dedicated to a discussion on “Post Copyright Directive: What performers’ rights protection in the future?”

A roundtable discussion took place gaining the perspective of the EU institutions and WIPO on the subject. AEPO-ARTIS was grateful to receive contributions from Marco Giorello, Head of Copyright Unit, DG CNECT, European Commission, Dr Christian Ehler, MEP, European Parliament and Sylvie Forbin, Deputy Director General, Copyright and Creative Industries Sector, the World Intellectual Property Organisation.

The panel discussions that followed, amongst other issues, took stock of the recently adopted Directive on Copyright in the Digital Single Market and discussed what the next steps in performers’ rights protection should be now.

In this regard, the fair remuneration of performers from on-demand services (iTunes, Netflix, Spotify, …) was at the heart of the discussion from an academic perspective (in panel 1) and from the point of view of performers and collective management organisations (in panel 2).

Contributions were received from performers Jean Rogers and Boštjan Dermol (both of whom also represent performers’ organisations – BECS in the UK and IPF in Slovenia respectively) as well as Bruno Boutleux, Managing Director of the French performers’ organisation ADAMI and Éanna Casey, Chief Executive of the Irish performers’ organisation RAAP.

Amongst other things, it was noted that whilst the online audio and audiovisual markets are clearly thriving, the exclusive right for making available on demand granted to performers under the EU’s 2001 Copyright Directive has barely changed the economic situation of performers. The right is generally transferred in buy-out contracts to producers, with only a few famous performers managing to negotiate the payment of royalties. Most performers receive a one-off payment for the transfer of all their rights, for the entire term of protection, and regardless of how successful the exploitation is in the end.

AEPO-ARTIS was delighted to welcome some of Europe’s most prominent academics in an exchange on the future of the protection of performers’ rights. Professor André Lucas (University of Nantes), Adj. Professor Dr Silke von Lewinski ((Franklin Pierce Center for IP, Univ. of NH), Max Planck Institute for Innovation and Competition, Munich), Professor Raquel Xalabarder (University Oberta de Catalunya) and Professor Martin Kretschmer (Create Centre, University of Glasgow) expressed their views on a number of subjects.

Whilst enlightening research figures from Professor Martin Kretschmer show similarities with the earnings of literary authors, and in many cases the lack thereof, there was general agreement that the aim of Chapter III of the 2019 Copyright Directive is the redistribution of income to authors and performers.

Adj. Professor Dr Silke von Lewinski and Professor Raquel Xalabarder stated that the only efficient solution to guarantee remuneration to performers, notably for the implementation of article 18 in the Directive on Copyright in the Digital Single Market, would be one based on collective management.

In particular, this should be done via a model based on the Rental Directive 2006/115/EC, as also referred to by Professor André Lucas, granting performers a statutory residual remuneration right (upon the transfer of the exclusive right to the producer) which in their opinion may be extended to other rights including to the exclusive right for making available on demand.

“Such a remuneration right does not “add” or “extend” rights to performers but rather it “secures” the payment of proportionate remuneration to performers for the exploitation of their performances”, stated Professor Xalabarder.

This has been a goal of AEPO-ARTIS for many years.

For more information:
Visit www.aepo-artis.org or contact the Secretariat

Tel.: 02 280 19 34
Email: aepo-artis@aepo-artis.org

PRESS RELEASE: Brussels, 7 November 2018:
The Association of European Performers’ Organisations, AEPO-ARTIS, held its annual seminar dedicated to “EU Copyright Acquis: 25 years of harmonisation. What is working for performers and what is not?” on 7 November 2018.

The AEPO-ARTIS seminar, amongst other issues, took stock of the European Commission’s proposal For a Directive on Copyright in the Digital Single Market, which is now being discussed in trilogue between the Council, the European Parliament and the European Commission.

In this regard, the fair remuneration of performers from on-demand services (iTunes, Netflix, Spotify, …) was at the heart of the discussion.

Supported by the findings of the 2018 AEPO-ARTIS study drawing upon data from 26 countries, available on the AEPO-ARTIS website, the economic situation of performers has barely changed after the introduction of the exclusive making available right in the 2001 Copyright Directive. The right is generally transferred in buy-out contracts to producers, with only few famous performers managing to negotiate the payment of royalties.

For most performers, however, this right has not been effective in practice despite the exponential growth of on demand streaming and download services, such as Spotify, iTunes and Netflix, in popularity, revenue and value. Performers are missing out of their fair share in this value uplift.

This is reflected in the findings of the AEPO-ARTIS study where it can be seen that in 2005, collections in respect of on demand services were effectively zero and by 2017, the amount collected by collective management organisations still only amounted to less than 2% of total collections. The EU law designed to protect and adequately reward performers has therefore failed.

Xavier Blanc, Secretary General of AEPO-ARTIS, partner of the FAIR INTERNET campaign, which represents over 500,000 performers across Europe, said: “It is unacceptable that still today the majority of performers receive no remuneration from downloading /streaming services such as iTunes, Spotify, Netflix, … EU legislators must free performers from the trap of their contracts”.

AEPO-ARTIS is pleased that the concern of over 500.000 performers in Europe has finally been heard by the European Parliament which introduced a new article -14 to the draft Copyright Directive.

This article asserts 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.

While 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.

“We are grateful to the members of the European Parliament who are trying to make a real difference to performers in Europe and create a fair and stable creative industry for those at the heart of the value chain” concluded Tilo Gerlach, President of AEPO-ARTIS. “Article -14 is a first step in the right direction towards more equitable remuneration of performers that will be secured from on demand services through collective management which will hopefully be endorsed in the coming weeks during the trilogue negotiations”.

For more information:

Visit www.aepo-artis.org or contact
Nicole.Schulze@aepo-artis.org
+32 487 25 09 51

AEPO-ARTIS will hold its annual seminar entitled “Performers’ Rights in Europe: Challenges and Opportunities” on 6 June 2017 at the Thon Hotel EU, in Brussels from 10.00 until 18.00.

The seminar will feature speakers from a wide range of backgrounds including Members of the European Parliament, representatives of the European Commission, actors and musicians, academics, representatives of consumer organisations as well as a number of AEPO-ARTIS members.

The seminar will provide all participants with the opportunity to raise issues and exchange information on the key items that are on the agenda at the European level.

The seminar will consist of three panels namely:

• Panel 1: The draft regulation on certain online transmissions of broadcasting organisations and retransmissions of television and radio programmes
• Panel 2: Collective management of rights for performers: a practical experience
• Panel 3: Copyright reform: A thriving digital single market and what fair share for performers?

Registration is by invitation only, however the programme for the seminar is available here:

⇒ AEPO-ARTIS SEMINAR 6 JUNE

The AEPO-ARTIS seminar, amongst other issues, took stock of the European Commission’s proposal For a Directive on Copyright in the Digital Single Market, which is now being discussed in trilogue between the Council, the European Parliament and the European Commission.

In this regard, the fair remuneration of performers from on-demand services (iTunes, Netflix, Spotify, …) was at the heart of the discussion.

Supported by the findings of the 2018 AEPO-ARTIS study drawing upon data from 26 countries, available on the AEPO-ARTIS website, the economic situation of performers has barely changed after the introduction of the exclusive making available right in the 2001 Copyright Directive. The right is generally transferred in buy-out contracts to producers, with only few famous performers managing to negotiate the payment of royalties.

For most performers, however, this right has not been effective in practice despite the exponential growth of on demand streaming and download services, such as Spotify, iTunes and Netflix, in popularity, revenue and value. Performers are missing out of their fair share in this value uplift.

This is reflected in the findings of the AEPO-ARTIS study where it can be seen that in 2005, collections in respect of on demand services were effectively zero and by 2017, the amount collected by collective management organisations still only amounted to less than 2% of total collections. The EU law designed to protect and adequately reward performers has therefore failed.

Xavier Blanc, Secretary General of AEPO-ARTIS, partner of the FAIR INTERNET campaign, which represents over 500,000 performers across Europe, said: “It is unacceptable that still today the majority of performers receive no remuneration from downloading /streaming services such as iTunes, Spotify, Netflix, … EU legislators must free performers from the trap of their contracts “.

AEPO-ARTIS is pleased that the concern of over 500.000 performers in Europe has finally been heard by the European Parliament which introduced a new article -14 to the draft Copyright Directive.

This article asserts 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.

While 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.

“We are grateful to the members of the European Parliament who are trying to make a real difference to performers in Europe and create a fair and stable creative industry for those at the heart of the value chain” concluded Tilo Gerlach, President of AEPO-ARTIS. “Article -14 is a first step in the right direction towards more equitable remuneration of performers that will be secured from on demand services through collective management which will hopefully be endorsed in the coming weeks during the trilogue negotiations”.

For more information:

Visit www.aepo-artis.org or contact
Nicole.Schulze@aepo-artis.org
+32 487 25 09 51