12 September 2018

50,000 creators call on the EU to fix the transfer of value

Just hours before the copyright directive vote on 12 september, the petition on www.makeinternetfair.eu hit 50,000 creators’ signatures.

As a reminder, here is the call in its entirety:

Dear EU, please fix the transfer of value

We, creators from all artistic fields and from all over Europe, call on you, EU decision makers, to put a stop to the funneling of value away from the creators to a number of online platforms.

You have rightly acknowledged that user uploaded content (UUC) platforms are now the main point of access to our works online, but unacceptably do not, or only barely remunerate us for their exploitation. The viability of cultural and creative industries, which create significant growth and jobs for the EU economy, is threatened by this transfer of value.

We want an environment that fosters growth for new and legitimate businesses, including UUC platforms, while providing legal certainty for consumers, and ensuring that this is paired with appropriate remuneration for creators. UUC platforms have built their businesses on people’s desire to access and share our works, and should not put the burden of liability on consumers or creators.

The current situation is a race to the bottom that drives down the respect for and value of creative works. We depend on copyright/authors’ right as this is our pay and the only leverage we have to negotiate fair remuneration for our works.

The forthcoming legislation on copyright is your opportunity to stop these freeriding platforms.

We therefore call on you to:

clarify that UUC platforms like YouTube are involved in reproducing and making our works available under copyright laws;
ensure that the safe harbour non-liability regime does not apply to them as it is meant for technical intermediaries only.

The European Commission’s fair and balanced approach on this issue was a step in the right direction. We count on the European Parliament and the European Council to build on and further develop the solution proposed by the Commission to ensure a sustainable environment for all.

Sincerely, creators

Published on 12 September 2018

Policies

Artificial intelligence

Artificial intelligence brings about many new opportunities for our lives, including in the field of culture and creativity, but its applications also raise a number of ethical and legal questions due to their wide-spread uncontrolled and unchecked usage.

Policies

Music Streaming

Music streaming has unquestionably become the predominant means of enjoying music, replacing traditional physical media and expanded far beyond the live sector by providing user-friendly, high quality, and affordable access to the largest possible repertoire anytime, anywhere, online, or offline.

Songs and compositions are at the heart of this thriving market, which counts 524 million users on subscription-based music services globally, reaches more than 2 billion users including the streaming on UGC platforms, and offers more than 70 million tracks from approximately 8 million artists.

Yet, the authors and composers cannot benefit adequately from this success, and the debate over unfairness of this market is gaining traction across Europe and around the world.

There is a need to look more closely at how songwriters and composers are connected to this thriving economy and what can be done to improve their currently neglected situation.

Read below to find out more about the Music Streaming market.

Policies

Buy-out contracts: a dangerous threat to European creators

European music creators (composers, lyricists etc.) are being forced to forsake thousands of euros in future earnings by draconian ‘work made for hire’ (WMH) and buy-out contracts.

Online audiovisual services and broadcasters that are mainly US-based are forcing music creators to accept such contracts, which enforce a one-time payment in exchange for their rights.

Given the worldwide popularity of shows and series on platforms like Netflix, Amazon, Disney etc., and their replay value, the audiovisual market represents an important revenue stream for creators. Soundtracks alone are part and parcel of series and often attract a similar amount of popularity, massively boosting sales, streams and the worldwide fanbase of their authors.

Read below to find out how video on demand (VOD) platforms and broadcasters are circumventing EU law and what can be done about it.

Policies

Authors’ societies & the collective management model

Authors’ societies are hugely beneficial to both authors (creators), users (platforms and services), and the broader public.

Beyond benefiting these different groups, authors’ societies also support the broader cultural ecosystem by funding and promoting cultural and creative initiatives.

Below are five key benefits to authors’ societies and the collective management model.

Policies

The Copyright Directive

In April 2019, the Directive on Copyright in the Digital Single Market was formally adopted, a change that will positively transform authors’ rights throughout the EU. Each member state now has until 7 June 2021 to transpose the Directive into their respective national law.

This reform is an opportunity to address pressing issues for authors in the Digital Single Market and will promote the growth of Europe’s creative and cultural industries (CCIs) – a major driver of Europe’s economy.

One of the biggest achievements of this new piece of legislation was to address the
‘Transfer of Value’ problem, a priority issue for all European creators.

Below are some of the Directive’s key areas that will affect creators and those who profit from their work.