6 December 2013

Busy end of the year for EU copyright policy

We wrote recently about the outcome of the Licences for Europe exercise of the Commission that sought to identify practical solutions to making more content accessible online across EU member states. The Commission has now just launched a consultation on copyright reform which is seeking the views of all stakeholders with an interest in copyright issues. The consultation will close on 5 February 2014.

This consultation will give the opportunity to GESAC, the organisation behind this website, to re-iterate how crucial it is to have a solid European framework to improve the worryingly precarious conditions of authors online. Beyond the interests of authors, what is at stake is the preservation of cultural diversity and the development of the entire European cultural and creative sector. The recent studies released by the European Observatory on Infringements of Intellectual Property Rights show the significance of the sector for employment and economic growth in Europe.

The Observatory recently published a study on the economic impact of industries that rely heavily on Intellectual Property (IP), the so-called IP-intensive industries. The key facts to keep in mind are:

50% of EU industries are IP-intensive
1 in 3 of all EU jobs rely on IP-intensive industries
39% of the total economic activity (GDP) in the EU relies on IP

This study is the first edition of a trilogy. Last week, the second part was released. It focuses on the perception of IP by European citizens. A few interesting facts:

96% of Europeans agree that protecting IP is important
86% agree that protecting IP contributes to improving the quality of products and services
69% value IP because it contributes to the creation of jobs and economic well-being

To complete the picture, the last study of the trilogy, to be published next year, will focus on the impact of infringement of IP rights on the European economy.

The debate in Brussels about copyright policy has long been lacking robust data to support decision-making. The IP Observatory studies will help our leaders take informed decisions on the future of copyright in the interest of European citizens.

We would encourage you to visit the brand new website of the IP Observatory for more interesting facts about intellectual property in Europe.

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.